Dr Stephan Bausch, D.U.

Stephan Bausch advises and assists companies prior to and during court and arbitration proceedings and when resolving disputes out of court. Especially in the context of impending mass proceedings, Stephan Bausch works with his clients to determine the appropriate defence strategies. Furthermore, he focuses on cross-border disputes with an emphasis on private international and international civil procedural law. Stephan Bausch helps companies secure their claims by obtaining a preliminary injunction, as well as enforcing the claims.

Complex Disputes
Litigation

Stephan Bausch spent part of his school years in Fort Myers, Florida, USA. From 1995 to 2001, he studied law at the Universities of Bonn, Germany, and Aix-en-Provence. France. After spending some time in Toulouse, France for research purposes, he was awarded his doctorate on a comparative law topic in 2004.

From 2006 to 2013, Stephan Bausch was a member of the litigation practice group of Freshfields Bruckhaus Deringer LLP in Cologne and Frankfurt (Germany). In 2013, he joined Luther as a partner. He is co-head of the German-wide Complex Disputes Team.

Stephan Bausch has authored numerous publications with an emphasis on litigation and has been recommended in leading national and international rankings (see "Honors and Distinctions").

• JUVE Guide (2020/2021): Mentioned among frequently recommended in the category "Conflict Resolution - Dispute Resolution", "professionally brilliant, personally pleasant", "impressive performance in VW mandate", competitors
• Best Lawyers (2021): Award in "Arbitration and Mediation" and "Litigation"
• Chambers Europe (2020): Ranked as Up and Coming in "Dispute Resolution: Litigation"
• Chambers Global (2020): Ranked as Up and Coming in "Dispute Resolution: Litigation"
• The Legal 500 Germany (2020): Mentioned in Dispute Resolution - Commercial disputes, Arbitration (incl. International Arbitration)
• JUVE Handbuch (2019/2020): Mentioned under frequently recommended in "Conflict Resolution - Dispute resolution: Trade and Liability"
• Chambers Europe (2019): Ranked as Up and Coming in "Dispute Resolution: Litigation"
• Best Lawyers (2020): Award in Litigation
• Best Lawyers (2019): Award in Litigation
• The Legal 500 (2018): Recommendation in "Dispute Settlement - Commercial Law Conflicts" (in German)
• JUVE Handbuch (2018/2019): frequently recommended in the section "Trade and Liability: Litigation Arbitration/Mediation, Product Liability".
• The Legal 500 Deutschland (2019): Entry in the column "Dispute resolution - commercial conflicts".
• Handelsblatt / Best Lawyers - Deutschlands beste Anwälte (2018): Awarded in "Litigation"
• JUVE Guide (2016/2017): Listed in "Dispute Resolution"
• Handelsblatt / Best Lawyers - Deutschlands beste Anwälte (since 2016): Listed in Litigation
• The Legal 500 Germany (2016): Recommended for Securities and funds litigation: “Rolf Kobabe and Stephan Bausch are the key persons at Luther Rechtsanwaltsgesellschaft mbH in this field.
• JUVE Handbuch: häufig empfohlenen Anwalt für Prozesse,
• Legal500: Spezialist im Bereich bankrechtlicher Streitigkeiten

• Volkswagen AG: representation in several thousand individual suits before German Regional and Higher Regional Courts, overall coordination of the Luther team comprising up to 200 lawyers
• Deutsche Bank AG: representations in proceedings before numerous regional and higher regional courts concerning structured interest rate derivatives
• SEB AG: representations in proceedings concerning derivatives
• Hauck & Aufhäuser Privatbankiers KGaA: representations in court in various cases concerning swap transactions with municipalities
• A manufacturer of industrial gas: representations before an arbitration tribunal in post-M&A proceedings
• A manufacturer of disc brakes: representations in court proceedings concerning damages and the supply of products
• An energy supplier: representations in court in stock corporation law disputes
• A German industrial enterprise: representations in post-M&A proceedings
• Arbitral injunction proceedings in connection with the assertion of claims under a bank guarantee
• A fund initiator: representations in defending against actions concerning liability for information provided in prospectuses
• Representing banks in mistrade proceedings

• „Stärken stärken – Entwicklungen des Schiedsrechts und Third Party Funding in Hongkong“
• Unwirksame Vereinbarung einer "Zinscap-Prämie" oder "Zinssicherungsgebühr" in AGB: Anmerkung zum BGH-Urteil vom 5.6.2018 - XI ZR 790/16
• A new impulse in Consumer Protection Law
• Commentary on the Judgement by the Federal Court of Justice from February 20th 2018- XI ZR 445/17
• Clear message on the Statute of Limitations for Claims against a Cartel
• How does a forfeiture order confiscate a Bitcoin? In the spotlight: Foreclosure on Crypto Currencies
• Recommending an asset management service does not qualify as an investment recommendation, or brokerage
• Extrajudicial dispute resolution procedures at stake
• The Time has come for this Idea
• Simple, quick, flexible, secure - The UN Commission on International Trade Law presents Recommendations for online dispute resolution procedures
• Inadmissible fees for tolerated overdrafts of a checking account
• A Ray of hope for Cartel Members? Gray Cement Cartel: Higher Regional Court (OLG) of Karlsruhe allows claims for damages to become statute-barred
• Connected Legal Relationships (Konnexität) in Swap-Contracts
• Editorial
• Targeted reinforcement of the legal status of plaintiffs - The "truck cartel" as a “test of fire” for the 9th amendment to the Act against Restraints of Competition
• Bank guarantees payable on first demand- How courts can help when push comes to shove
• „Reich“ Citizens: The Malta Scam
• Take the threat seriously – “Reich” Citizens are now also bullying top politicians and entrepreneurs with the "Malta Scam"
• Connected legal relationships (Konnexität) in Swap-Contracts
• Interlocutory injunctions in cases of securities payable on first demand
• The Federal Court (BGH) substantiates its case law on the information banks are obligated to provide upon concluding a SWAP contract
• The initial negative market value in the case law of the Federal Court of Justice on interest rate swaps (Zinsswaps)
• The case HETA: sovereign expropriation of foreign creditors
• Federal Court of Justice (BGH): damages claims by Lehman investors – The obligation of the advising bank to inform the issuer of his exceptional right of termination
• Zins- und Währungsswaps vor dem Bundesgerichtshof
• Decision of the Federal Court of Justice regarding undisclosed internal commission payments – Civil-law duty to inform as of 1 August 2014
• Closed open-ended real estate funds: Duty to inform of the risk of suspension as part of investment consulting
• Judgment provides clear guidelines for investment consulting
• Actions for damages before German courts in connection with the manipulation of the Libor and Euribor
• Federal Court of Justice compromises the acceptance of its own judgments
• Comments on the Higher Regional Court of Celle’s Judgement dated 27 February 2013 (file no.: 3 U 66/12): Investor- and object-specific consulting for financial instruments to limit interest rate risks (in the case at issue: so-called interest collar)
• Derivatives in the focus of the courts
• Cross Border Litigation: Practitioner Perspectives
• High hurdles for German Libor lawsuits
• Annotations on BGH: Management board members’ liability for speculative interest rate derivative contracts, Judgment dated 15 Janu-ary 2013 - II ZR 90/11
• The Bundesgerichtshof (Federal Court of Justice, hereinafter the "BGH") rules on the right of withdrawal with regard to Lehman notes: With new arguments to the same conclusion
• Further development of the jurisprudence regarding the margin interest of advising banks, Commentary on the BGH, Judgment dated 26 June 2012 - XI ZR 316/11
• Requirements on the rebuttal of the causality for damages after the change in case law by the XIth Senate
• On prospectus liability claims of an investor who joined a fund through a trustee, Decision Report on the BGH, Judgment dated 23 April 2012 - II ZR 211/09
• Annotations on the Higher Regional Court of Stuttgart, Judgment dated 1 February 2011 - 9 U 57/11
• Annotations on BGH, Judgment dated 20 March 2012 - XI ZR 377/11 (no indemnification claim under the Capital Contribution and Investor Compensation Act for investors mainly acting as investment brokers, "Phoenix"),
• New judgments regarding Lehman notes: Differentiated advising obligations, frustrated investors?
• Advice and liability for wrongful advice of banks in view of the pilot decisions regarding Lehman notes
• Annotations on BGH, Judgment dated 27 September 2011 - XI ZR 178/10 (disclosure obligations in recommending Lehman certificates)
• Editorial on BGH, Judgments dated 27 September 2011 - XI ZR 178/10 and 182/10 (Lehman notes: BGH approves non-disclosure of profit margin)
• Interview: Stephan Bausch, the BGH lends its support to the banks against "Lehman victims"
• Investors in notes do not have any more arguments after the latest BGH judgment
• The house bank is afraid of a BGH defeat
• Annotations on BGH, Judgment dated 23 November 2010 - XI ZR 26/10 (investors have no claim under the EAEG, (the Capital Contribution and Investor Compensation Act) for damages for phantom profits, "Phoenix"
• Annotations on the Higher Regional Court of Hamm, Judgment dated 10 November 2010 - 31 U 121/08 (on the scope of advisory obligations in swap transactions)
• Liability trap corpus delicti correction
• Commentary on the Higher Regional Court of Stuttgart, Judgment dated 27 October 2010 - 9 U 148/08 (disclosure obligations in swap transactions)
• Disclosure obligations for profit and trading margins?
• Commentary on BGH, Judgment dated 29 June 2010 - XI ZR 104/08 (tax-saving contractor and acquisition model)
• Annotations on the Hanseatic Higher Regional Court, Judgments dated 23 April 2010 - 13 U 117/09 and 118/09
• Commentary on Higher Regional Court of Frankfurt am Main, Judgment dated 17 February 2010 - 17 U 207/09 (damages due to bad investment advice - Lehman notes)
• Commentary on the Regional Court of Hamburg, Judgment dated 23 June 2009 - 310 O 4/09 (bank liability after providing bad advice on Lehman notes)
• Annotations on Higher Regional Court of Bamberg, Judgment dated 11 May 2009 - 4 U 92/08
• No bank liability after severe loss-causing interest rate swaps by public entity, Decision Report on the Higher Regional Court of Bamberg, Judgment dated 11 May 2009 - 4 U 92/08
• Annotations on Regional Court of Frankfurt am Main, Judgment dated 28 November 2008 - 2-19 O 62/08 (investment advice liability)
• Bad investment advice: third party investments also entitle to in rem restitution, Decision Report on the BGH, Judgment dated 15 January 2009 - III ZR 28/08
• No investment advice liability for the bank after the acquisition of Lehman notes, Decision Report on the Regional Court of Frankfurt am Main, Judgment dated 28 November 2008 - 2-19 O 62/08
• Investment advice liability for interest rate swap transactions by a communal enterprise, annotations on the Regional Court of Magdeburg (WM 2008, 537)
• The declared willingness to make an organ donation as a constitutionally admissible criterion of organ allocation
• Annotations on the Regional Court of Magdeburg, Judgment dated 21 January 2008 - 9 O 1989/06 (investment advice liability)
• Commentary on BGH, Judgment dated 26 February 2008 - XI ZR 74/06 (conditions for a claim for damages due to omitted revocation notification under the Haustürwiderrufsgesetz (Residential Door Revocation Act) regarding so-called junk real estate
• Entscheidungsreport zu LG Magdeburg, Urt. v. 21.01.2008 - 9 O 1989/06 (Anlageberatungshaftung)
• Decision Report on the Higher Regional Court of Munich, Judgment dated 19 December 2007 - 7 U 3009/04 (Sec. 37a WpHG (Wertpapierhandelsgesetz, the Securities Trading Act)/kick backs)
• he unremarkableness of omitted mediation proceedings in legal remedies instances
• On the termination possibilities of long-term voting trust agreements
• Seller’s right to shipping during internet sales
• In personam agreements regarding dispatching members to the supervisory board in view of Sec. 101 II AktG (Aktiengesetz, the Corporation Act)
• Lessee’s claim for proper postal delivery in a liberalised postal market
• Reach of legal protection under § 80 para. 5 VwGO (Verwaltungsgerichtsordnung, the Code of Administrative Court Procedure) in avoiding costs after an execution by substitution
• Methodology of case processing, the practical case
• Video surveillance in France
• Video surveillance as a preventative means of combatting criminality in Germany and France, Marburg 2004 (dissertation)

• Ordre public respected in the case of examination of witnesses without an interpreter
• Digital legacy: traces of the deceased<br>How to enforce the right to access a deceased person’s user account
• Evidentiary value of a “screenshot” in judicial proceedings
• Hearing fee without even “picking up the phone”?
• Subsidiarity of party examination according to section 448 of the German Code of Civil Procedure
• Nebenforderungen: keine Nebensache

• Defending & Managing Claims as a Result of Recent Actions Alleging Mis-Selling Derivatives, C5’s Forum on Defending and Managing – Financial Institution Litigation
• Recent Developments in German Anti-Trust Law, Kilpailu - oikeus '10
• Banking Litigation in Germany - Recovery of Losses before German Courts, Recent developments in German and British litigation proceedings - British Chamber of Commerce in Germany
• Aktuelle Entwicklungen in der Rechtsprechung zu Derivaten, Sommerlehrgang am Institute for Law and Finance, Goethe-Universität
• Beratungspflichten bei strukturierten Finanzprodukten, RWS Praktiker Seminar
• Beratungspflichten bei strukturierten Finanzprodukten, RWS Praktiker Seminar
• Beratungspflichten bei strukturierten Finanzprodukten, RWS Praktiker Seminar