Mass Litigation and Collective Actions

For more than twenty-five years, Germany has seen a growing phenomenon: the systematic and often large-scale assertion of (liability) claims against companies by specialised law firms and associations. For just as long, we have been assisting companies in managing such “waves” of claims and, where necessary, defending them in court.

Early Detection and Pre-Litigation Strategy

Mass litigation typically begins long before the first lawsuit is filed. It is often signalled by certain actors or characteristic patterns. Thanks to our extensive experience in this field, we provide not only substantive advice on the appropriate response but also support clients in identifying emerging patterns at an early stage and preparing logistically for what may follow.

Representation in Litigation, Including Collective Actions

Handling the usually unavoidable litigation proceedings brought by large numbers of claimants is a specialised discipline. Effective management of such matters requires not only litigation expertise but also sophisticated coordination and logistical capabilities across interconnected proceedings. Additional specialised knowledge is needed where claimants rely on collective redress mechanisms such as model proceedings under the Capital Markets Model Case Act (KapMuG) or the recently introduced representative (associational) action regime. These procedural instruments have emerged in Germany only in the last twenty-five years – essentially as a response to mass litigation. Our lawyers have been involved from the outset: we have conducted these cases from their earliest days and have contributed as authors and commentators to the development of the relevant procedural frameworks.

Negotiating, Concluding and Implementing Settlements

Experience shows that mass disputes frequently end in settlement after an initial phase of judicial clarification. Successfully negotiating such settlements requires not only legal expertise but also soft skills, including a detailed understanding of the actors involved. Our lawyers have helped achieve settlements in numerous capital markets model proceedings and declaratory model actions and played a key role in concluding some of the first genuine collective settlements in Germany. We are also familiar with the challenges of implementing and administering such settlements and have supported clients using purpose-built technical solutions.

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