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Jan Erik Windthorst


Frankfurt am Main

Windthorst Jan Erik
Jan Erik Windthorst


Frankfurt am Main

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 twelve 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 is recognized by leading legal directories: JUVE’s Handbook Commercial Law Firms in Germany lists him as "frequently recommended" for dispute resolution, citing others who describe Erik as a “lightning-quick strategist” (JUVE Handbook 2017), “creative, highly professional” and someone who “has full control over the proceedings” (JUVE Handbook 2018). 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).


News & insights

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Publications: 29 JULY 2020

First German decision holding credit rating agency liable to investors

The German courts have taken the liability of credit rating agencies to the next level. In a series of recent decisions, the Berlin Regional Court has developed criteria under which credit rating…

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Publications: 02 OCTOBER 2019

GIR - data privacy & transfer in investigations

Regulators and enforcement authorities across the globe are continuing their focus on the activities of banks, corporations and their employees.

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Publications: 28 AUGUST 2019

New German act on corporate sanctions and internal investigations taking shape

A Corporate Sanctions Act is taking shape in Germany. It would bring about a significant increase in potential corporate fines, introduce far-reaching changes to the prosecution of corporate crimes…

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Publications: 07 FEBRUARY 2019

GIR - Data privacy & transfer in investigations

Regulators and enforcement authorities across the globe are continuing their focus on the activities of banks, corporations and their employees.

Read more


Frankfurt am Main

Allen & Overy LLP
Bockenheimer Landstraße 2
60306 Frankfurt am Main

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German Rechtsanwalt, 2002

Referendar, Germany, 1999


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. (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.