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Jan Erik Windthorst

Partner

Erik represents clients before courts, arbitral tribunals and government authorities. 

He handles financial litigations and corporate disputes, including M&A litigations, accusations of fraud and disputes relating to complex agreements. Erik also advises regularly on compliance investigations. His matters often have a cross-border element.

Erik has been a litigator handling high-stake disputes for over seventeen years. He has extensive experience also with internal and external investigations and led numerous enquiries in the financial sector and general industries. He knows the client perspective from a secondment to the Litigation and Regulatory Enforcement team of a leading international bank.

Erik advises clients from a broad range of sectors, among them notably financial institutions and companies from the life science, technology, energy, insurance and private equity sector.

Published Work

  • Windthorst, J.E. (2020) “First German decision holding credit rating agency liable to investors”, Risk Note (with N. Gillen / C. Happ)
  • Windthorst J.E. (2017) "Advising municipalities on loans with a structured interest rate", Kammergericht judgment XI 26 U 32/15, Entscheidungen zum Wirtschaftsrecht (EWiR), 259 seq. (in German)
  • Windthorst J.E. (2016) "Advisory liability of a bank in connection with a currency-related swap", OLG München judgment 23 U 3491/14, Entscheidungssammlung zum Wirtschafts- und Bankenrecht (WuB), 531 seq. (with David Schmid, in German)
  • Windthorst J.E. / Bussian W. (2015) "European Banking Supervision and Legal Privilege", WM - Zeitschrift für Wirtschafts- und Bankrecht, 2265 seq. (in German)
Recognition
frequently recommended / strong in negotiations
JUVE 2023/24
hard-working, experienced and likeable
JUVE 2022/23

Qualifications

Admissions

Rechtsanwalt, Germany, 2002

Academic

Second State Exam, Law, Germany, 2002

LL.M, University of California, Berkeley, 2000

First State Exam, Law, Germany, 1999

Disclaimer
A&O Shearman was formed on May 1, 2024 by the combination of Shearman & Sterling LLP and Allen & Overy LLP and their respective affiliates (the legacy firms). Any matters referred to above may include matters undertaken by one or more of the legacy firms rather than A&O Shearman.