Résumé

Disputes Practice

Advocate in numerous arbitration proceedings (ICC, DIS, AAA, NAI, UNCITRAL), inter alia in Germany, the USA, Switzerland, The Netherlands and in litigation before the state courts of the USA und Germany, with at-risk values up to Euro 1 billion, including:

• Representation of a German Conglomerate in a Swiss-based ICC arbitration with a Canadian purchaser regarding an M&A purchase price adjustment and warranty claims
• Representation of U.S. Conglomerate in German-based DIS arbitration with U.K. company regarding an M&A earn-out provision
• Representation of an Asian automobile manufacturer against an U.K. marketing company in English-language DIS arbitration proceedings regarding contract termination
• Representation of a U.S. Manufacturer in a dispute subject to ICC arbitration with a German industrial company regarding a pan-European Joint Venture and Distribution Agreement
• Defense of an ICC arbitral award against vacatur before the Swiss Supreme Court in a question of first impression under the Swiss in Private International Law Statute
• Representation of over 30 Ministries and state enterprises before the United Nations Compensation Commission (UNCC) for losses suffered in connection with the First Gulf War
• Representation of Middle Eastern, South American and U.S. companies in various construction arbitrations under Argentine, Dutch, U.S. and Swiss law

Service as Arbitrator, both as Co-Arbitrator and Chairman, in German- and English-language proceedings

Two years of commercial litigation practice in Chicago

Corporate Practice

Numerous cross-border M&A and Capital Markets transactions, inter alia:

• Advisor to investment banks in ca. 30 cross-border public securities offerings, listings, and private placements (values from USD 50 million to  several billion), in numerous cases regarding biotech and small pharma issuers
• Advisor to European pharmaceutical companies in restructurings and combined cross border M&A share-and-asset sales of product lines (value circa USD 1+ billion), such as e.g. acquisition of a private U.S. company by contribution-in-kind share exchange by German listed companies
• Advise on U.S. Securities laws such as e.g. resales of restricted stock under Rules 144 and 145, ESOP plans, “Section 4 (1 and ½)” placements, Schedule 13G and 13D SEC filings, “15a-6” broker registration
• International licensing and contract drafting and negotiations for biotech and small pharma companies

Languages

English (native), German (fluent, negotiation and pleading level) 

Employment

Kautz Legal established 1 March 2010

Shearman & Sterling LLP, Frankfurt, 2000 to 2009, Counsel from January 2005

J.-W.-Goethe Universität Frankfurt a.M., Adjunct Professor (Lehrbeauftragter) in U.S. law, since 2005

Philipps-Universität Marburg, Adjunct Professor (Lehrbeauftragter) in U.S. law, since April 2010

Universität Osnabrück, Adjunct Professor (Lehrbeauftragter) U.S. Contract Drafting, since April 2010

Universität Münster, Adjunct Professor (Lehrbeauftragter) U.S. Contract Law, since October 2010

Heidelberg University, Lecturer, International Contract Drafting, April 2007 to March 2009

Jones Day Reavis & Pogue, Frankfurt, 1995 to 2000

Wilson & McIlvaine, now Quarles & Brady, Chicago, 1992 to 1995 

Admissions

New York (on Examination, 2007)

District of Columbia (2003)

Germany (as Foreign Attorney, 1996)

Illinois and U.S. Federal District for Northern Illinois (1994)

Education

Advocate and Master Advocate Certifications, National Institute for Trial Advocacy (NITA) 2009

Northwestern University School of Law, J.D. 1994

Universität Bremen (juristisches Grundstudium) 1990-1991

Heinrich-Heine-Universität Düsseldorf, Dr. phil. 1990, Dissertation Ernst Cassirer und die Ethik

Princeton University, B.A. Philosophy 1984

Millard High School, Omaha, Nebraska 1980

• Nebraska US-Olympic Under 18-Soccer Team 1979-1980
• National Merit Scholar

Professional Associations

German Institution for Arbitration (DIS)

Swiss Arbitration Association (ASA)

Chicago International Dispute Resolution Association (CIDRA)

American Bar Association (ABA)

New York State Bar Association (NYSBA)

German-American Lawyers’ Association (DAJV)

For a formal curriculum vitae, see my German-language Lebenslauf.

My articles are listed under the page Articles.