Jan Erik Windthorst
Partner
Frankfurt am Main
Jan Erik Windthorst
Partner
Frankfurt am Main
Contact Details
Erik represents clients before state courts, arbitral tribunals and government authorities. He handles banking and finance litigations and corporate disputes, including M&A and joint venture litigations and disputes relating to long-term 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 well over fourteen years. He has extensive experience also with internal and administratively imposed investigations and led numerous enquiries in the financial sector and other industries. He knows the client perspective in this area 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 (investment and corporate banks) and companies from the technology, energy, insurance and private equity sectors.
Erik publishes regularly and has been recognized by leading legal directories: JUVE’s Handbook Commercial Law Firms in Germany lists him as "frequently recommended" for dispute resolution since several years, citing clients and competitors who described Erik as a “lightning-quick strategist” (JUVE Handbook 2017), “creative, highly professional”, someone who “has full control over the proceedings” (JUVE Handbook 2018) and who provides “smart and clear legal advice” (JUVE Handbook 2020). Legal 500 Germany singled Erik out as ‘name of the next generation’ for financial litigations (2018). “Who’s Who Legal” selected him as a “Future Leader” in arbitration in the law firm partner category (2019 and 2020).
Expertise
Practices
Litigation, Arbitration and Investigations
Qualifications
Professional
German Rechtsanwalt, 2002
Referendar, Germany, 1999
Academic
Second German Law Degree, Germany, 2002
LL.M, University of California, Berkeley, USA, 2000
First German Law Degree, Germany, 1999
Related articles
Publications: 27 September 2022
GIR - data privacy & transfer in investigations guide
Investigations by regulators and enforcement agencies, as well as internal investigations by companies, are common. Successfully managing the risks arising from these investigations requires expertise…
Blog Post: 20 October 2021
Highest labour law court in Germany acknowledges recoverability of internal investigation costs
Blog Post: 12 October 2020
Hamburg regulator issues EUR 35 million GDPR fine for data privacy breach
Expertise
Practices
Litigation, Arbitration and Investigations
Qualifications
Professional
German Rechtsanwalt, 2002
Referendar, Germany, 1999
Academic
Second German Law Degree, Germany, 2002
LL.M, University of California, Berkeley, USA, 2000
First German Law Degree, Germany, 1999
Published work
- Windthorst, J.E. (2020): “First German decision holding credit rating agency liable to investors” Risk Note - October 2020 (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) 2017, 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) 2016, 531 seq. (with David Schmid, in German)
- Windthorst J.E. / Bussian W. (2015): "European Banking Supervision and Legal Privilege" (in German), WM - Zeitschrift für Wirtschafts- und Bankrecht 2015, 2265 seq.
- Windthorst J.E. (2015): "Liability for advice: Interest rate collar and loans with statutory termination rights", note (in German) on OLG Dresden judgment of 9 April 2015, 8 U 532/14, Entscheidungssammlung zum Wirtschafts- und Bankenrecht (WuB), 2015, 498 seq.
- Windthorst J.E. (2015): "Bank required to advise about mismatch between termination rights under a loan and associated hedge" EFLR – November 2015
- Windthorst J.E. (2015): "When does a claim for misselling of securities accrue?“ (on the German Federal Court of Justice’s judgment XI ZR 278/14, Entscheidungen zum Wirtschaftsrecht (EWiR) 2015, 446 seq. (with U .Stimmel, in German)
- Windthorst J.E. (2015): “Bank must disclose initial negative market value of swaps in two party scenarios” EFLR – July 2015
- Windthorst J.E. (2015): “Disclosure obligations: swaps and municipalities”. Risk Note – May/June 2015
- Windthorst J.E. (2015): “German Federal Court of Justice limits banks’ disclosure obligations for swap transactions” EFLR – March 2015
- Windthorst J.E. (2015): “German Federal Court of Justice decides on limitation period for consumers reclaiming administrative fees in loan agreements”. Risk Note – January 2015
- Windthorst J.E. (2015): “Federal Court of Justice limits advisory duties in connection with Swaps”. Börsenzeitung 24. Januar 2015, p. 9
- Windthorst J.E. (2005): "Liability for negligent testimony? Witness liability for pure economic loss after introduction of section 839a Civil Code" (in German), Zeitschrift für Versicherungsrecht (VersR), 1634 seq.
- Windthorst J.E. (2005): "Contract in favour of a third party and arbitration in English commercial law" (in German), Recht der Internationalen Wirtschaft (RIW), 900 seq.Windthorst J.E., et al (2004): "Comments on the European Commission’s Green Paper on the Conversion of the Rome Convention of 1980", Rabels Zeitschrift für ausländisches und internationales Privatrecht (RabelsZ), 1 seq.
- Windthorst J.E. (2004): "Determinations on the admissibility of arbitrations and their effect on limitation periods" (in German), Zeitschrift für Schiedsverfahren (SchiedsVZ), 230 seq.
