Dr. Gerd Lembke | White & Case LLP International Law Firm, Global Law Practice
Gerd Lembke
Gerd Lembke

Dr. Gerd Lembke

Partner, Hamburg

T +49 40 35005 0

E glembke@whitecase.com

Gerd Lembke is an experienced commercial litigator who supports clients with civil law matters across a range of business sectors, as well as issues arising from company insolvencies.

Overview

Gerd handles complex proceedings before courts of first instance, as well as complaints and appellate procedures and arbitration proceedings.

His clients benefit from his significant knowledge and experience of numerous areas of civil law. He has developed a particularly strong track record of dealing with cases related to tenancy law, damages and tort law, building law, architect's and engineer's law, banking law and insolvency law.

Gerd's familiarity with the complex legal issues involved in each of these varied fields is based on his unusually wide-ranging practice. Among his long-standing advisory relationships, Gerd has supported a client active in project development and the management and leasing of industrial property for over twenty years. During this time, he has been called upon to handle a number of technically intricate matters relating to tenancy law, civil building law and the general law of contract.

A substantial portion of Gerd's practice has also been devoted to helping insolvency administrators to enforce or dispute claims made by or against them in connection with company insolvencies. He has therefore amassed significant experience of asserting claims against the shareholders and managing directors of insolvent companies, and also of contesting debtor transactions prior to the opening of insolvency proceedings.

Bars and Courts

  • Rechtsanwalt

Education

  • Dr jur, University of Cologne
  • Second State Exam, Higher Regional Court of Cologne
  • First State Exam, University of Cologne

Languages

  • English
  • German

Experience

DAX 30 company, 2013

Represented a DAX 30 company in proceedings relating to a claim for damages of about €10 million for several weeks' loss of production.

DAX 30 company, 2013

Represented a DAX 30 company against a state of the Federal Republic of Germany with regard to disputed claims under a contract for the remediation of environmental damage. The economic significance of the dispute amounts to several hundred million euros.

Shareholder of a renowned German company in Hamburg, 2013

Represented one of the two shareholders in a company against the other shareholder and managing director with regard to the managing directors' respective declarations removing the other managing director from office.

Hertie, 2013

Advised and represented the insolvency administrator of Hertie GmbH in connection with his efforts to pursue D&O claims against the former management in the two-digit million range.

Hertie Insolvenz 2013

Advised the insolvency administrator in several disputes with landlords involving complex issues relating to MoMiG (Law for the Modernization of the German Limited Liability Company Law and the Prevention of Misuse) and transitional law, with lenders involved in complex issues relating to contestation of acts in insolvency proceedings (including international insolvency proceedings), as well as with Hertie's managing directors on the ground of delayed filing of insolvency.

TelDaFax insolvency, 2013

Advised the insolvency administrator in disputes concerning rights to contest transactions in insolvency proceedings.