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Experience:
Dr. Mark C. Hilgard has an extensive multinational practice in which he focuses on a wide range of commercial litigation and arbitration, as well as on merger and acquisition transactions.
Mark has extensive experience in both national and international litigation and arbitration. Many of his arbitral proceedings are held before international tribunals, with a significant number of proceedings conducted in the English language (in which he is fluent). Having handled transnational and international litigation and arbitration for well over 20 years, he has an in-depth familiarity with the laws and legal systems of other countries.
Litigious and arbitral matters in which Mark has represented clients or in which he acted as arbitrator include post M&A disputes, contractual disputes, complex liability cases, cartel law disputes, and plant engineering and construction controversies.
Mark regularly undertakes litigation involving matters that are very complex or that require particular technical understanding. He has represented clients in cross-border litigation and arbitration involving construction projects or energy related matters in Europe, Latin America and the United States.
Mark is admitted at all municipal courts (Amtsgericht), regional courts (Landgericht) as well as at all courts of appeal (Oberlandesgericht) in Germany. During his career he has advised and represented several clients in proceedings up to the German Federal Supreme Court (BGH) and the European Court of Justice. In its 2008 edition, Legal Business highly recommends him as "European Legal Expert for Litigation and Arbitration in Germany".
In corporate and commercial matters Mark has a special emphasis on mergers and acquisitions. For example, he regularly advises a developer of value-added textile, hygiene and safety solutions on a wide range of acquisitions in Germany and throughout Europe as well as in restructuring of subsidiaries, and he represents a US developer of specialty product ingredients in global acquisitions as well as in such matters as tax restructuring and distribution agreements. He has also advised clients as diverse as a global electronics manufacturer, a leading German private equity fund and a large German municipality on transactional matters.
For many years Mark has been recommended as a preferred mergers and acquisitions lawyer by the general counsel surveyed in the Practical Law Company's Mergers & Acquisitions Handbook. He is also recommended as "European Legal Expert 2008" for banking and finance by Legal Business.
Prior to joining Mayer Brown as a partner in 2001, Mark practiced in Frankfurt as a partner with GAEDERTZ Rechtsanwälte, Frankfurt am Main (1997-2001, when merged with Mayer Brown) and with Albert, Flad & Schlosshan (1984-1997, when merged to form GAEDERTZ Rechtsanwälte).
Notable Engagements:
Handled product liability matters such as the representation of an insecticide manufacturer in hundreds of liability cases throughout Germany and other European countries, of a household products supplier in the recall of a nanotechnology product which hospitalized hundreds of customers, and of a distributor of electro-mechanical components in connection with the recall of defective flat cable connectors.
Successfully defended a major chemical corporation against damage claims of customers which allegedly had paid cartel prices for vitamins.
Represented a German chemical corporation in an arbitration proceeding against another chemical company, relating to a joint venture plant in the US.
Represented two corporations in a multi-billion dollar dispute where the claimant was seeking damages in a long-running ownership dispute over a gas field, the main source of gas for a pipeline to be built by Russia and Germany.
Advised a plant construction company in connection with disputes relating to a lump sum turnkey contract for a plant in Spain, the erection of plants in Trinidad and Chile, in several summary proceedings regarding the drawing of bank guarantees, and in two parallel ICC arbitral proceedings in relation with the explosion of a US plant in Alabama.
Advised the City of Frankfurt am Main on the incorporation of a Private Public Partnership project (FRIMA) which, within the context of the new location of the European Central Bank, was critical for the future of the City.
Regularly advises one of Germany's major Private Equity funds in acquisitions of companies.
Advised the insolvency administrator of an airline when divesting the assets of the airline business to a foreign purchaser.
Advised a worldwide leading hybrid distributor of electronic components and computer and communications products in purchasing a participation in a German chip broker (a listed corporation), advised the chip broker in its merger plans with a supplier of semiconductors and components and advised the shareholder and chairman of the chip broker in the de-merger.
Serves on the advisory board of various companies.
Acted as an arbitrator in a dispute between two telecommunications companies.
Defended a manufacturer of cranes against the attempted luring away of hundreds of employees and other acts of unfair competition of a competitor.
Represented automotive suppliers in arbitration seeking reimbursement of damages on the basis of violation of guarantees in mergers and acquisitions.
Represented a major construction company in a law suit against another construction company for the payment of a substantial sum.
Education:
University of Freiburg im Breisgau, Doctor's degree (PhD in law) in unfair competition law, 1985, Stuttgart, Second State Law Examination (bar exam), 1983, Freiburg im Breisgau and Offenburg, Legal clerkship (Referendariat), 1980-1983, University of Freiburg im Breisgau, First State Law Examination, 1975-1980. | 