Dr. Malte Richter, LLM (Northwestern Univ.)

Restructuring, Bankruptcy & Insolvency (selection)

• Regular preparation of (supplementary) netting opinions for banks.
• Represented US investment fund as majority creditor in the cross-border, debtor-in-possession insolvency proceedings of Arlington Germany GmbH and Arlington Automotive Group, including on the creditors’ committee.
• Represented a leading German automotive supplier on its successful debut high-yield bond offering of €275 million senior secured notes in the course of the financial restructuring.
• Advised Turkish ground-handling company with respect to the protective shield proceeding of Condor Flugdienst GmbH as well as with regard to the insolvency proceedings of Germania Flugdienst GmbH.
• Advised international investment bank in connection with the restructuring and bridge financing of a fashion company.
• Advised insurance company with respect to legal action filed against another international law firm by Dr. Frege as insolvency administrator of Maple Bank.
• Advised international investment bank as member of creditors' committee of insolvent IVG Immobilien AG in self-administration proceedings, including in relation to the preparation and content of an insolvency plan and insider trading.
• Advised Big Four accounting firm as security trustee in the insolvency proceeding of Vivacon AG.
• Represented a leading European tissue producer on its inaugural €275 million offering and a EUR 52 million tap offering of senior secured (high yield) notes pursuant to Regulation S and Rule 144A and on the listing of the notes on the Euro MTF market of the Luxembourg Stock Exchange in the course of the financial restructuring.
• Represented Indian-Arabic cell manufacturer Microsol in its acquisition of insolvent SOLON SE, a manufacturer of solar modules and systems, including its subsidiaries in the US and Italy.
• Represented KPMG as liquidators of several Asian Lehman Brothers group entities in connection with the insolvency of Lehman Brothers Bankhaus AG in Germany.
• Advised several major international banks as Mezzanine A lenders in connection with the successful restructuring of a multi-billion Euro loan portfolio of the „Highstreet" consortium (owners of a portfolio of 90 department store buildings of insolvent Karstadt Warenhaus GmbH).
• Represented a German DAX30 corporation and the Asia-based sourcing, logistics, distribution and retailing Li & Fung group as well as over a hundred Asian and German manufacturers of clothing and household appliances in the insolvency proceedings of Arcandor group (in particular Karstadt, Quelle), Germany's largest insolvency proceeding to date.
• Advised Asia-based sourcing, logistics, distribution and retailing Li & Fung group and suppliers procured by Li & Fung in the insolvency proceedings of DWW Woolworth Deutschland GmbH & Co. KG and Neckermann (advice included acting as deputy trustee of a supplier pool).
• Advised Spanish solar manufacturer in relation to the insolvency of its German contract partner in connection with the planning and construction of power plant.
• Represented financial investors regarding the restructuring of participations in multi-million euro real estate portfolios.
• Advised Austrian bank in connection with the financial crisis and insolvency of its debtor, a manufacturing company in the metal-working industry, including on issues such as standstill and cancellation of debts subject to restoration, debt equity swap and management buy-out.

Mergers & Acquisitions (including Distressed M&A) and Joint Ventures (selection)

• Advised AIF Capital Group on the acquisition of three nursing care facilities in Lübeck, Sulzbach and Wetzlar.
• Advised HOERBIGER on the acquisition of JOHNSON MATTHEY Piezo Products GmbH.
• Advised Lear Corporation, a global automotive technology leader in Seating and E-Systems, on the acquisition of I.G. Bauerhin (IGB).
• Advised Dow on its investment in the LNG Terminal company Hanseatic Energy Hub.
• Advised Lear Corporation on acquisition of Kongsberg Automotive’s Interior Comfort Systems Business Unit.
• Advised Hauck & Aufhäuser Privatbankiers AG on the acquisition of Bankhaus Lampe KG from the Oetker Group.
• Represented Raffinerie Heide GmbH in the formation of a partly publicly funded joint venture with Orsted Wind Power GmbH and EDF Deutschland GmbH regarding the construction and operation of a 30 MW electrolysis plant for the production of green hydrogen from wind power at the site of Heide refinery.
• Advised TUI Group on the sale of holiday home and round trip provider Wolters Reisen as well as of its special travel businesses "Berge & Meer" and "Boomerang Reisen".
• Advised French Webhelp Group on the acquisition of all shares in Sellbytel Group.
• Ongoing advice of leading rating agency as minority shareholder in a joint venture on the refinancing of such joint venture as well as on corporate and regulatory matters.
• Advised MacLean-Fogg Company on the sale of its Presswerk Krefeld affiliate to HANNOVER Finanz as new equity investor and majority shareholder as part of a management buy-out.
• Advised Beijing Enterprises Holdings Limited on the acquisition of EEW Energy from Waste GmbH from Swedish investor EQT for a purchase price of approximately EUR 1.4 billion. This acquisition was so far the largest M&A transaction of a Chinese company in Germany.
• Advised Turkish airport servicer Çelebi Havacilik Holding A.Ş in the acquisition of the German airfreight and storage business, including the ground handling at Airport Rhein-Main and Airport Frankfurt-Hahn, from Aviapartner Cargo.
• Advise Benteler on the acquisition of two production sites from WILCO Wilken Lasertechnik.
• Advised investor Halder on its acquisition of Wback Group, one of the leading manufacturers of hamburger and hot dog buns, by way of management buy-out.
• Represented AkzoNobel, one of the world's largest global paints and coatings company, in its acquisition of coatings manufacturer Schramm Holding AG, the first Germany-incorporated company listed on the Stock Exchange of Hong Kong, and its Korean coatings business.
• Represented Klesch & Company in the acquisition of a refinery and its associated chemicals, bitumen and sales infrastructure from Shell Deutschland Oil.
• Represented European tissue paper manufacturer WEPA group in the purchase of its competitor Kartogroup by way of a multi-jurisdictional cross-border distressed M&A transaction.
• Advised listed Fortune 500 chemical company in connection with several international restructuring projects including several capital increases by way of contribution in kind as well as in the tendering procedure regarding Süd Chemie AG.
• Represented Beijing Automotive Industry Corporation (BAIC) in the bidding process for Opel AG.
• Represented Navteq Germany, one of the worldwide leading suppliers of digital rooting maps, in the acquisition of T-Systems Traffic from Deutsche Telekom AG.
• Represented a listed international Fortune 500 first-tier automotive supplier in the contribution of its automotive interior business to a joint venture company.
• Represented Primondo Specialty Group, a company of the Arcandor group, in its sale of Mercatura Holding to Swedish Kwintet group.
• Represented Reuters Group regarding the acquisition of Feri Fund Market Information Ltd. and its funds data subsidiary FI Datenservice GmbH from Feri Rating & Research GmbH.

Corporate and Commercial (selection)

• Advised a listed international chemicals company in connection with several cross-border restructurings.
• Advised leading European tissue paper manufacturer on the implementation of a SE holding structure as well as on a succession model for the next generation.
• Ongoing corporate and commercial law advice to the German affiliates of listed US automotive suppliers, including advice on warranty and product liability issues, recalls, supply, warranty, development, consignment stock, license, service, logistics, joint venture and other types of agreements.
• Ongoing commercial law advice to a leading manufacturer of industrial valves, actuators and automation technology, including on warranty and product liability issues, recalls, supply, warranty, license, service, worldwide logistics and other agreements.
• Ongoing corporate and commercial law advice to a premium listed food company including drafting general terms and conditions, advice on warranty issues, supply and other agreements.
• Ongoing corporate and commercial law advice to an international glass manufacturer, including warranty and product liability issues, supply, consignment stock, toll manufacturing and other types of agreements.
• Ongoing contract law advice to a leading tire manufacturer, including on warranty and product liability issues, recalls as well as supply, warranty, license, service, logistics and other contracts.
• Advise listed international chemicals company in connection with several international restructuring projects including several capital increases in kind.
• Advised a leading European tissue paper manufacturer on implementation of a SE holding structure, accretions, as well as on implementation of a succession model for the next generation restructuring measures pursuant to the German Transformation Act.
  

Doctor's degree (PhD in law), University of Osnabrück

Second State Law Examination (bar exam), Hamburg

Legal Clerkship (Referendariat), Hamburg, Frankfurt am Main, Washington DC

LLM, Northwestern University School of Law/Kellogg Graduate School of Management, Chicago

First State Law Examination, Freiburg im Breisgau

Albert Ludwigs-University of Freiburg

Vocational training and certification as a bank clerk, Dresdner Bank AG (now Commerzbank AG), Wiesbaden

• District of Columbia
• Frankfurt am Main, Germany
• New York

• INSOL International
• American Chamber of Commerce in Germany e.V. (AmCham)
• Lecturer on International Commercial Law in the „Master of Science (M.Sc.) in International Management” program at Steinbeis-University, School of International Business and Entrepreneurship, 2015 and 2016
• Lecturer of Insolvency Law in the "Master of Auditing" and "Master of Taxation" program at University of Applied Sciences Mainz, 2013
• Pro Bono Deutschland e.V., Member of the Board (Treasurer)
• German-American Lawyers' Association (DAJV)
• New York State Bar Association (NYSBA)
• Bar Association of the District of Columbia (BADC)
• Moot Alumni Association of the Willem C. Vis International Commercial Arbitration Moot