Court cases and arbitration proceedings from 2018 (short review of the year)

by RA Dr. Christian Seyfert, LL.M. (USA)

The year 2018 has just come to an end. Like virtually every year since I started my law practice, in 2018 I was on average three times a week in court to represent clients there. My focus in court in 2018 was again litigation in intellectual property, copyright and competition law. The responsible chambers / senates before the respective regional courts / higher regional courts are regularly quite experienced in handling of these cases and expect from the lawyers a fundamental and well-reasoned presentation of the facts and the legal aspects of the respective case. Over the years, I have come to know most of the responsible judges at the respective place of jurisdiction from the respective proceedings.

Also, in 2018, I represented a number of (non-German) companies in ICC commercial arbitration and DIS commercial arbitration proceedings. If the parties wish to have a commercial dispute resolved under the ICC Arbitration Rules or the DIS Arbitration Rules, they typically include a respective arbitration clause into their contract in case potential conflicts come up in the future. The money claims in dispute in such arbitration cases regularly amount to several million Euro.

Another focus of my legal activity in 2018 were "reputational damage" cases. A typical case scenario is that a company unfairly damages the good reputation of another company. In addition, I had also represented several individuals in court against slander, libel and insults from others. Often, such reputation damaging takes place on the Internet. Such defamation cases also follow a standardized procedure in court, which a lawyer must know from experience in order to be able to successfully represent his clients.

Another case group in 2018 I had dealt with in court consisted of cases in the field of media law, in which I represented clients in disputes over the legality of critical press articles or media reports. A lot of careful preparation is necessary to prove in court that the respective newspaper or media outlet actually had gotten the facts wrong.

I'm sure 2019 will not be boring either. I wish you all a Happy New Year 2019Lachend

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