Dr. Alexander Kiefner | White & Case LLP International Law Firm, Global Law Practice
Alexander Kiefner
Alexander Kiefner

Dr. Alexander Kiefner

Partner, Frankfurt

Alexander Kiefner is named as a highly recommended lawyer in corporate litigation by JUVE 2015, and in stock corporation law and corporate law by kanzleimonitor 2014/ 2015.

Overview

Alexander advises companies on all aspects of corporate law, with a focus on the law of stock corporations and affiliated companies, including capital markets law issues.

He is often involved in landmark international transactions of significant value, and a range of clients benefit from his knowledge and experience of structural measures, such as statutory mergers, squeeze-outs, or domination and profit transfer agreements.

Other transactions on which Alexander has advised clients include litigation in actions for rescission or appraisal proceedings, as well as the preparation and execution of shareholders' meetings. He also advises management and supervisory board members on aspects of corporate governance, compliance and intra-group financing.

Recent prominent clients include Daimler, Merck KGaA, DMG Mori Seiki and banks including Deutsche Bank, the Bank of Tokyo-Mitsubishi UFJ, Ltd., Sumitomo Mitsui Banking Corporation and Mizuho Bank, Ltd.

Prior to joining White & Case in 2008, Alexander worked for several years in the corporate law practice of another leading international law firm in Frankfurt. He is a member of the Corporate Law Society.

Noted for his cutting-edge knowledge of corporate law, Alexander has undertaken various speaking engagements for professional organisations such as Deutsches Aktieninstitut (The German Institute for Stocks), Euroforum and Handelsblatt.

Bars and Courts

  • Rechtsanwalt

Education

  • Dr jur, Eberhard Karls University Tübingen
  • Second State Exam, Higher Regional Court of Stuttgart
  • First State Exam, Johannes Gutenberg-University Mainz

Languages

  • German
  • English

Experience

Japanese banks' €1.28 billion debt refinancing, 2014

Alexander was part of the international White & Case team, from the UK, Germany, Japan and other jurisdictions, which advised The Bank of Tokyo-Mitsubishi UFJ, Ltd, Sumitomo Mitsui Banking Corporation and Mizuho Bank, Ltd. on the €1.28 billion refinancing of the debt provided to the LIXIL Corporation and the Development Bank of Japan Inc. for their joint acquisition of 87.5 percent of the share capital in GROHE Group S.à r.l. This landmark acquisition, which has an implied enterprise value of more than €3 billion, represents the largest-ever German investment by a Japanese company.

Merck KGaA's sale of Discovery and Development Solutions business, 2014

Alexander represented German DAX30 company Merck KGaA in the sale of its Discovery and Development Solutions (DDS) business to Luxembourg's Eurofins Scientific. DDS (part of Merck Millipore, the Life Science division of Merck KGaA) is a leading provider of bioanalytical testing, early stage discovery services and products to the biopharmaceutical market, with 175 employees.

DMG Mori Seiki AG (formerly Gildemeister AG), 2009 – 2015

Alexander advised Gildemeister AG on aspects of corporate, capital markets and antitrust law, as the company strengthened its collaboration with the Japanese machine tool manufacturer Mori Seiki. Recently, Alexander and his team have advised on the public takeover by the Japanese partners.

Fresenius' offer to acquire Rhoen-Klinikum, 2012

Alexander worked as part of an international team, drawn from the Firm's offices in Europe and the United States, which represented Deutsche Bank AG in the financing of health care company Fresenius Group's ('Fresenius') proposed offer to acquire German hospital operator Rhoen-Klinikum AG. Fresenius planned to finance this acquisition through a syndicated loan, a bond issue and equity instruments worth up to €1 billion.

Clariant's acquisition of majority stake in Süd-Chemie, 2011

Alexander provided corporate law advice to the Swiss specialty chemical group Clariant AG on the acquisition of more than 95 percent of the shares in Munich-based Süd-Chemie AG, from its majority stockholder One Equity Partners and numerous family shareholders. This major international transaction had a total value of approximately €2 billion, and required counsel from the Firm's offices in Germany, China, France, Japan, Mexico, Poland, Russia, South Africa, Turkey and the United States, as well as from partner firms in other countries, including Brazil, India, Indonesia and Malaysia.

Publications

  • Public disclosure of inside information according to the ESMA Final Report (Ad-hoc-Publizität nach dem Final Report der ESMA), AG, Issue 17, Pages 621-627, 2016, (co-author with Lutz Krämer)
  • Admissibility of Standstill and Lock-up Agreements with a Stock Corporation, ZIP, Issue 38, pp. 1811-1817, 2015, (co-author, with Benedikt Happ) (Zulässigkeit von Standstill und Lock-up Agreements bei der Aktiengesellschaft)
  • Investor Agreements between the Law of Stock Corporations and the Law of Contracts, ZHR, Issue 178, pp. 547–602, 2014, (Investorenvereinbarungen zwischen Aktien- und Vertragsrecht)
  • Cash Pooling, Profit Participation Rights, Share Pledge, Formular-Kommentar GmbH-Recht. Ed. Andreas Meyer-Landrut. 2nd ed., Cologne, pp. 748–802, 2014, (co-author, with Kai-Michael Hingst) ("Cash Pooling", "Genussrechte", "Geschäftsanteilsverpfändung")
  • Commentary on Sections 250–252 German Stock Corporation Act (voidance and contestability of supervisory board elections), Kölner Kommentar zum Aktiengesetz. Ed. Wolfgang Zöllner and Ulrich Noack. Vol. 5/2, 3rd ed., Cologne, 2014, (Kommentierung der §§ 250–252 AktG (Nichtigkeit und Anfechtbarkeit der Wahl des Aufsichtsrats)
  • Domination Agreements Involving Public/State Entities, AG, Issue 21, pp. 789–796, 2013, (co-author, with Jan Schürnbrand) (Beherrschungsverträge unter Beteiligung der öffentlichen Hand)
  • The potentially unlawful appointment of the supervisory board – the doctrine of defective corporate bodies as a means to overcome legal uncertainty? Commentary on the decision of the German Federal Court of Justice (BGH) of February 19, 2013 – II ZR 56/12, Der Konzern, Issue 5, pp. 310–314, 2013, (co-author, with Vanessa Seibel) (Der potentiell rechtswidrig bestellte Aufsichtsrat als fehlerhaftes Organ – probates Mittel zur Überwindung von Rechtsunsicherheit? Besprechung zum Urteil des BGH vom 19.2.2013 – II ZR 56/12)
  • The future of "Macrotron" in light of the most recent ruling of the German Constitutional Court, AG, Issue 18, pp. 645–660, 2012, (co-author, with Benedikt Gillessen) (Die Zukunft von „Macrotron" im Lichte der jüngsten Rechtsprechung des BVerfG)

Awards & Recognition

Highly Recommended Lawyer, JUVE 2013/ 2014

Corporate Litigation

Highly Recommended Lawyer, kanzleimonitor 2014

Stock Corporation Law

Highly Recommended Lawyer, kanzleimonitor 2014

Corporate Law