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    Dr Florian Weichselgärtner
    ADVANT Beiten - Munich
    Rechtsanwalt, Wirtschaftsmediator (CVM)
    Partner

    Dr Florian Weichselgärtner

    ADVANT Beiten - Munich
    Rechtsanwalt, Wirtschaftsmediator (CVM)
    Partner

    Expertise

    Dr Florian Weichselgärtner is Partner at ADVANT Beiten's Munich office and member of the Litigation & Dispute Resolution practice group. He advises and represents his clients out of court and in court, in arbitration and mediation proceedings. He mainly focuses on commercial law, corporate law and insolvency law, as well as on D&O liability. He also has longstanding expertise regarding large actions for damages and liability proceedings as well as their treatment under insurance law aspects (for example D&O insurance etc.).

     

    Dr Florian Weichselgärtner studied law at the University of Regensburg and was admitted to the German Bar in 2009. He is a trained Commercial Mediator (CVM) and i.a. member of the German Institution of Arbitration (DIS). In 2011 he completed his doctorate. He has been working with ADVANT Beiten since 2009 and became Partner in 2015.

    Awards

    Empfohlener Anwalt
    The Legal 500 Deutschland 2025

    „Wir sind immer außerordentlich zufrieden mit Dr. Florian Weichselgärtner und seinem Team. Die Zusammenarbeit ist äußert professionell, erfolgreich und fair.“

    Recommended Lawyer
    Best Lawyers in Kooperation mit Handelsblatt 2025
    Recommended Lawyer
    The Legal 500 Germany & EMEA 2024

    "Florian Weichselgärtner is characterized by excellent legal knowledge, prudent and very service-oriented as well as confident management of mandates."

    Recommended Lawyer
    Best Lawyers in cooperation with Handelsblatt 2024
    Recommended Lawyer
    Best Lawyers in cooperation with Handelsblatt 2023

    Publications

    Publication:

    Manager liability and serial loss clause: New developments in D&O insurance (DisputeResolution, 2/2024, p. 13 et seq., co-author Etienne Sprösser)

    Liability in payroll accounting: The problem of the social security status issue (DER BETRIEB, issue 12/2024, p. 715 et seq.)

    Contradiction with the Wirecard decision and D&O insurance? (DisputeResolution, 01/2022, p. 14 et seq., co-author Valerie Hoffmann)

    BGH vs. Opinion Prevailing in Literature (DisputeResolution, 02/2019, p. 17-19);

    Huge Significance for Practice: D&O insurance does not cover payments made contrary to insolvency law pursuant to section 64 German Limited Liability Companies Act, GmbHG (DisputeResolution, 4/2018, p. 20 et seq.);

    Caution Should Be Exercised Deutscher Anwaltspiegel, 20/2018, p.13 et seq., co-author Carolin Lang);

    Invalidity of Handling Fees for Processing of Commercial Loans (Deutscher Anwaltspiegel, 19/2017, p. 5 et seq., co-author Carolin Lang);

    More Legal Certainty for Corporate Practice (DisputeResolution, 03/2016, pp. 17-19);

    Conflict Prevention when Rendering Restructuring Advice (Deutscher AnwaltSpiegel, 06/2014, pp. 10-13, co-author Dr Michael L. Ultsch);

    EUGH: "Zur Anwendbarkeit der E-Commerce-Richtlinie auf Suchmaschinen" (Adaptability of E-Commerce guidelines as to search engines), MMR-Aktuell, 302563.

    Lectures:

    Regular publications regarding insolvency matters: e.g. "Zur Wirksamkeit von Aufrechnungsvereinbarungen in der Insolvenz" (Efficiency of compensation agreements in an insolvency) - BAG, 21.01.2010, 6 AZR 593/07 (Newsletter Insolvenzrecht - Forum Institut);

    "Zur Anfechtbarkeit von gezahlten Folgeprovisionen" (defeasibility of already remunerated subsequent commissions) - BGH, Beschluss vom 21.12.2010, IX ZR 199/10 (Newsletter Insolvenzrecht - Forum Institut);

    "Zur Vermutung des Gläubigerbenachteiligungsvorsatzes nach § 133 Abs. 2 InsO" (Assumption of creditor)

    Memberships

    • FC Bayern Basketball Business Circle

    Articles

    Merry Christmas - Liability pre-sented under the Christmas tree
    It is 'business as usual' for a lawyer, but highly emotional and a heavy strain …
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    Tightening of management liability: BGH expands the scope of protection under the board and employment relationships for limited partnerships
    Under the settled case law of the Federal Court of Justice (Bundesgerichtshof, BGH), the protection inherent in the board and employment relationship with the director of a general partner GmbH of a GmbH &…
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    Coronavirus & courts: Crisis as a chance for video hearings in accordance with section 128a German Code of Civil Procedure (ZPO)
    Many are currently working from home due to the coronavirus pandemic. Video conferencing has become part of everyday life. Enabling communicative exchange while avoiding physical contact has led to numerou…
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    The Effects of SARS-CoV-2 (Coronavirus) on Supply Relationships and their Conse-quences under the Law of Obligations, especially for Start-ups
    The effects of the coronavirus on national and international supply relationships are already being noticeable. Due to the numerous measures that are being taken worldwide against the spread of the coronav…
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    Update on the Legislative Proposal for the Temporary Suspension of the Obligation to File for Insolvency due to the Corona Epidemic
    The legislative draft announced last week by the Federal Ministry of Justice (BMJV) to ease the obligation to file for insolvency is expected to be passed by the Bundestag and Bundesrat (federal parliament…
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    Liability Risks for Directors of Start-ups and D&O Insurance Coverage
    As a rule, founders will want to avoid being personally liable for the start-up to the extent of their private assets. For this reason, they will generally use a company as the commercial entity, such as a…
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