A U.S. Legal Dispute Involving a German Company

Litigation & Dispute Resolution with U.S. Attorneys in Munich

Whether it’s a lawsuit filed in the U.S., a disputed supply contract involving the U.S., or patent litigation before a U.S. court: When a German company is involved in a U.S. legal dispute, one thing matters above all else—quickly and accurately assessing the situation, because deadlines and procedural rules differ fundamentally from those of German civil procedure.

We represent German companies in disputes involving the United States, with direct access to our litigation team in the U.S.—working alongside our colleagues in New York, Boston, and San Francisco as needed.

Challenges

The first step after being served with a U.S. lawsuit is often more critical than the tenth: Deadlines, jurisdictions, and response obligations in U.S. civil proceedings differ fundamentally from those in German proceedings, and missing a deadline can result in a default judgment.

Disputes arising from U.S.-related supply, distribution, or cooperation agreements also involve discovery—a process for gathering evidence with its own, often complex set of deadlines.

Solutions

Once you’ve been served with a U.S. lawsuit, we’ll quickly assess the situation and work with you to determine deadlines, jurisdiction, and the next steps.

At Discovery, we represent your position with a thorough understanding of U.S. discovery deadlines and closely coordinate the collection of evidence with your German documentation.

Let's talk about your legal dispute in the U.S.

Whether it’s a lawsuit from the U.S., a disputed supply contract, or a patent proceeding: During the initial consultation, we’ll assess your situation and determine what steps need to be taken and in what order. You’ll speak directly with our U.S. attorneys in Munich—and when 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 defense in U.S.-related legal disputes—from the initial steps following service of process through commercial litigation and patent disputes to settlement and arbitration. All four follow the same principle: representing your position in U.S. proceedings without losing sight of your situation in Germany.

Lawsuit from the U.S.: The First Steps

Once a complaint is served from the United States, time limits begin to run that 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 judgment. The issue of jurisdiction must also be examined separately under U.S. law: Not every U.S. court before which a complaint is filed actually has jurisdiction, and this defense must be raised at the appropriate time.

We review the service of process, deadlines, and jurisdiction immediately upon receipt of a U.S. lawsuit and work with you to determine the next steps. If necessary, we coordinate the defense with our litigation team in the U.S.

Commercial Litigation: Disputes Arising from U.S. Contracts

Disputes arising from U.S.-related supply, distribution, or cooperation agreements are governed by their own procedural rules, which differ significantly from German civil procedure: Central to this is discovery—a process for gathering evidence in which both parties must disclose documents, witness statements, and other evidence, subject to its own, often tight, deadline schedule. Anyone who underestimates the requirements of discovery risks sanctions or disadvantages in the subsequent proceedings.

We represent your interests in commercial litigation proceedings with the necessary understanding of both legal systems and guide you through the discovery process. We coordinate any concurrent German proceedings with the U.S. litigation.

Patent and Trademark Infringement in U.S. Courts and Before the ITC

Infringement proceedings involving patent or trademark infringement in U.S. courts follow their own rules of evidence and their own timeline. In import disputes, there is an additional special feature: The International Trade Commission (ITC) can, in Section 337 proceedings, prohibit the importation of infringing products into the U.S.—a process that proceeds much more quickly than a traditional court proceeding and requires its own tactical considerations.

We represent you in patent and trademark infringement proceedings before U.S. courts, as well as in ITC proceedings under Section 337. In doing so, we align your defense with your existing IP strategy and your German portfolio.

Settlement and Arbitration as Alternatives to Litigation

Not every U.S. 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 judgment. Arbitration can also be an alternative, for example, if the underlying contract contains an arbitration clause or if confidentiality is a priority; unlike a court judgment, an arbitration award is generally not made public.

We will assess whether negotiation, settlement, or arbitration is the best approach 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 received a lawsuit from the U.S.—what should I do first?

First and foremost, it is important to verify service of process, the deadline, and the court’s jurisdiction, as response deadlines in U.S. civil proceedings are often significantly shorter than in German proceedings. Anyone who misses the deadline risks a default judgment. We’ll quickly assess the complaint and work with you to determine the next steps.

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

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

Settlement or Arbitration—When Is Each Option Appropriate?

A settlement is a good option when both parties are interested in a quick, predictable resolution; arbitration is appropriate, for example, when the contract contains an arbitration clause or when confidentiality is important. Which option is right for your situation depends on the subject matter of the dispute and your goals. We’ll review this with you.