Späth_Patrick_lo

Patrick Späth, LL.M.

Patrick Späth advises clients in compliance with law matters, internal investigations and corporate governance. The focus of his compliance advice is on German domestic and international anti-bribery laws, the US Foreign Corrupt Practices Act (together with his US colleagues), anti-money laundering regulations, tax, competition law and economic sanctions. His work covers internal investigations in Germany and abroad, reviews of internal compliance control systems, the due diligence process for sales intermediaries, M&A transactions and joint venture partners, the development of training programs, and pursuing or defending damages claims arising out of compliance failures.

In addition, Mr. Späth advises on German commercial and corporate law.

Mr. Späth's practice also includes international commercial arbitration. He has advised clients from civil law jurisdictions with regard to proceedings conducted under the ICC and VIAC rules, and proceedings conducted before a German ad hoc arbitral tribunal.

Professional Activities

Mr. Späth regularly publishes on topics relating to Compliance, International and European Civil Litigation and Alternative Dispute Resolution. He is a frequent speaker at conferences, and a lecturer at Humboldt University Berlin, where he teaches on compliance and internal investigations.

Mr. Späth is a member of Deutsche Institution für Schiedsgerichtsbarkeit (DIS) and Transparency International.

Experience

  • Recent Highlights

    • Investigation on behalf of a German bank regarding equity trades around dividend date
    • Advice to a German automobile manufacturer regarding diesel emissions
    • Internal investigation on behalf of the Supervisory Board of MAN SE with regard to bribery allegations and advice regarding the set-up of MAN SE's compliance organization
    • Representation of a German bank in court proceedings to pursue damages arising out of noncompliance with tax obligations
    • Investigation on behalf of a German bank regarding tax structured transactions
    • Representation of a German bank in arbitral proceedings against a former director
    • Advice to a German bank in pursuing damages claims against several former directors and related D&O insurance topics
    • Advising MAN SE in pursuing damages claims against former directors arising out of their responsibility for setting up a compliance organization
    • Advising Deutsche Bahn AG with regard to its damages claims arising out of a cartel between its railway track suppliers
    • Advice for and investigation on behalf of a German public listed company regarding its listing as SDN by OFAC 
    • Advising a US-German multinational company with regard to an internal investigation of its Eastern European, Russian and Central Asian sales network  
    • Internal investigation on behalf of a German bank concerning the dismissal of managers
    • Several investigations of kick-back payments and breach of trust in outsourcing projects

Recognition

  • Mr. Späth is recognized by kanzleimonitor.de for his work in the area compliance in Germany (2017/2018).
  • Legal 500 Deutschland 2017 and 2018 recommends Mr. Späth in the area of compliance. Clients recognize him as "very diligent with extensive experience and expert knowledge” and a “great project manager for large cases.” 

Insights & News

Credentials