A US legal dispute involving a German company

Litigation & Dispute Resolution with US lawyers in Munich

Whether it is a lawsuit from the US, a disputed supply contract with US implications or patent proceedings before a US court: when a German company is involved in a US legal dispute, one thing matters above all else – assessing the situation correctly and swiftly, as time limits and procedural rules differ fundamentally from those of German civil proceedings.

We represent German companies in disputes relating to the US, with direct access to our litigation team in the US – working alongside our colleagues in New York, Boston and San Francisco where necessary.

Challenges

The first step following the service of a US lawsuit is often more crucial than the tenth: time limits, jurisdiction and obligations to respond in US civil proceedings differ fundamentally from those in German proceedings, and missing a deadline can result in a default judgement.

Disputes arising from supply, distribution or cooperation agreements with a US connection also involve discovery – a procedure for gathering evidence with its own, often complex, timetable.

Solutions

We will assess the situation promptly following the service of a US lawsuit and work with you to determine deadlines, jurisdiction and the next steps.

At Discovery, we represent your position with a thorough understanding of the US deadline framework and closely coordinate the gathering of evidence with your German documentation.

Let’s talk about your US legal dispute.

Whether it’s a lawsuit from the US, a disputed supply contract or patent proceedings: during the initial consultation, we’ll assess your situation and clarify which steps need to be taken and in what order. You’ll speak directly with our US lawyers in Munich – and where the case requires it, we’ll bring in our litigation team in New York, Boston or San Francisco.

Our services

Four key elements for your defence in US-related legal disputes – from the initial steps following service of the claim, through commercial litigation and patent disputes, to settlement and arbitration. All four follow the same principle: representing your position in US proceedings without losing sight of your situation in Germany.

A lawsuit from the US: the first steps

Once a claim has been served from the US, time limits come into effect which differ fundamentally from German procedural rules: anyone who fails to respond within the specified time limit – which is often significantly shorter than in German civil proceedings – risks a default judgement. The question of jurisdiction must also be assessed separately under US law: not every US court before which a claim is brought actually has jurisdiction, and this defence must be raised at the appropriate time.

We review the service of process, time limits and jurisdiction immediately upon receipt of a US claim and work with you to determine the next steps. Where necessary, we coordinate the defence with our litigation team in the US.

Commercial Litigation: Disputes arising from US contracts

Disputes arising from supply, distribution or cooperation contracts with a US connection are subject to their own procedural rules, which differ significantly from German civil procedure: Central to this is discovery – a procedure for gathering evidence in which both parties must disclose documents, witness statements and other evidence, subject to its own, often tight, timetable. Anyone who underestimates the requirements of discovery risks sanctions or disadvantages in the subsequent proceedings.

We represent your interests in commercial litigation proceedings, drawing on our in-depth understanding of both legal systems, and guide you through the discovery process. We coordinate any parallel German proceedings with the US litigation.

Patent and trade mark infringements before US courts and the ITC

Infringement proceedings relating to patent or trade mark infringement in US courts are governed by their own rules of evidence and their own timeline. In the case of import disputes, there is a further distinctive feature: the International Trade Commission (ITC) may, in proceedings under Section 337, prohibit the import of infringing products into the US – a process that proceeds much more quickly than a traditional court case and requires its own tactical considerations.

We represent you in patent and trade mark infringement proceedings before US courts, as well as in Section 337 proceedings before the ITC. In doing so, we align your defence with your existing IP strategy and your German portfolio.

Settlement and arbitration as alternatives to court proceedings

Not every US legal dispute needs to go to court: an out-of-court settlement often resolves a dispute more quickly and with greater control over the outcome than a court judgement. Arbitration can also be an alternative, for example where the underlying contract contains an arbitration clause or where confidentiality is a priority; unlike a court judgement, an arbitral award is not usually made public.

We will assess whether negotiation, a settlement or arbitration is the most appropriate course of action for your situation, and conduct the negotiations on your behalf. If the dispute cannot be resolved out of court, we will continue to represent you in court proceedings.

Frequently Asked Questions

I have received a claim from the US – what should I do first?

Firstly, it is important to check the service of process, the time limit and the jurisdiction of the court, as the response deadlines in US civil proceedings are often significantly shorter than in German proceedings. Anyone who misses the deadline risks a default judgement. We will assess the claim promptly and work with you to determine the next steps.

What does ‘discovery’ mean, and why is the process so time-consuming?

Discovery is the US procedure for the disclosure of evidence, under which both parties are required to disclose documents, witness statements and other evidence. It follows its own, often tight schedule of deadlines, which does not exist in this form in German civil proceedings. We guide you through the discovery process and ensure it is aligned with your German documentation.

Settlement or arbitration – when is which option appropriate?

A settlement is a suitable option if both parties are interested in a swift, predictable resolution; arbitration, on the other hand, is appropriate if the contract contains an arbitration clause or if confidentiality is important. Which option is best suited to your situation depends on the subject matter of the dispute and your objectives. We will assess this together with you.