Attorneys at Law


dr david einhaus

Attorney at law Dr. David Einhaus (Partner)

Dr. David Einhaus is a three-time specialist lawyer (for international commercial law, for commercial and corporate law, for tax law) and head of division for national and international commercial law, in particular corporate and commercial law as well as tax law. This also includes the cross-border drafting of contracts, in particular in M&A transactions and corporate succession.  In the field of trade we are dealing with goods of all kinds, with a focus on the automotive, art, fashion and food sectors. Insolvency and reorganisation law including the restructuring of companies is also the responsibility of Dr. Einhaus, who has a doctorate in this field.

Due to his admission also in Italy (Avvocato), one of the main focuses is on Italy.

Description

Dr. David Einhaus is the Head of the Business Law Division. This includes both corporate and commercial international law, national and international tax law, as well as national and international debt collection. The division is also responsible for insolvency law, competition law, and contract law. In addition, Dr. Einhaus is strengthened by his Italian law license in Italy (Avvocato), in particular commercial and civil law proceedings.

Curriculum Vitae

David Einhaus was born in 1971 in Freiburg im Breisgau. He is married and has 5 children.

Education and career:
1990: High School graduation
1990-1995: Studied law at the Albert-Ludwigs-University in Freiburg.
1995-1997: Traineeship in Freiburg, graduation with assessor examination.
1996: Elective traineeship in a law firm in Rome specialising in European law.

1997-1998:
Worked as a German lawyer (admitted to the bar of Freiburg) in Rome.

1998:
Publication of the article “UN Sales Law for Entrepreneurs” in Economic Report 5-6 of the German-Italian Chamber of Commerce Milan. Publication of the article “das italienische Leistungsbefehlsverfahren” in the newsletter of the Arbeitsgemeinschaft für Internationalen Rechtsverkehr im Deutschen AnwaltVerein Nr.16 (Working Group for International Legal Transactions).

1999:
Publication of the article “das italienische Leistungsbefehlsverfahren” in the Anwaltsblatt 3/99.
Publication of the essay “Die internationale Reichweite des deutschen Mahnverfahren” (The international scope of the German order for payment procedure) in the newsletter of the Arbeitsgemeinschaft für Internationalen Rechtsverkehr im Deutschen AnwaltVerein No.18. (Working Group for International Legal Transactions in the German Bar Association).
In May, lecture for the European Bar Association DACH on the new Establishment Directive 98/5/EC in Munich.
October: Passing of the written aptitude test for EU lawyers in Rome, consisting of three exams in the fields of administrative law, civil law and civil procedure law in the Italian language.

2000:
Passed the oral aptitude test in Rome in January; since then, according to information from the Freiburg Bar Association, he has been the only known lawyer of the chamber district to be admitted to practice as an avvocato in Italy. Publication of the article “Die Richtlinie 98/5/EG zur Erleichterung der ständige Ausübung des Rechtsanwaltsberufs im Ausland” in the DACH-Schriftenreihe Nr.13 with the title “Das künftige Berufsbild des Anwalts in Europa”, published by Verlag Dr.Otto Schmidt, Cologne.

2001:
Start of the dissertation with the topic “Reform development in Italian insolvency law” at the Albert-Ludwigs-University Freiburg.

2002:
Admission to the Karlsruhe Higher Regional Court.

2004:
Doctorate at the Albert-Ludwigs-University Freiburg.

2006:
Sworn translator for the state of Baden-Württemberg by the President of the Regional Court of Freiburg.
Participation in the specialist lawyer course for commercial and corporate law in Hamburg.

2007:
Award of the authority to use the title “Fachanwalt für Handels- und Gesellschaftsrecht” by the Freiburg Bar Association.

2008:
Publication of the essay “Choice: European or international German dunning procedure?” on the new European dunning procedure and on the international German dunning procedure in the journal IPRax (Praxis des Internationalen Privat- und Verfahrensrechts) and lecture on this topic at the Academy of European Law (ERA) in Trier.

2011:
Passing the examination to become a specialist lawyer for tax law.
Publication of the article “First experiences with the European order for payment” in the European Journal of Business Law 2011, p. 865 ff.

2012:
Award of the authority to use the title “Fachanwalt für Steuerrecht” by the Freiburg Bar Association.

Since 2014:
Lecturer in the new Specialist Lawyer Course for International Business Law of the DeutscheAnwaltAkademie (DAA) in Düsseldorf and Munich.

2015:
Lecturer at the congress “International Tax Law” of the DeutscheAnwaltAkademie (DAA) in Spain on “Italian Tax Law”.
Lecturer in the specialist course for international business law of the GermanAttorneyAcademy (DAA) in Munich and Hamburg.
Dr. Einhaus successfully completed the Specialist Lawyer Course for International Business Law and applied to the Freiburg Bar Association for the award of the title “Specialist Lawyer for International Business Law”.
In November 2015 lecturer at the Academy of European Law (ERA) and the Polish Bar Association on International Procedural and Civil Procedure Law in Warsaw (Poland).

2016:
The Freiburg Bar Association confers the right to use the title “Specialist Lawyer for International Business Law”.

2017:
In December, lecturer at the event of the Latvian Ministry of Justice “Civil Procedure – topical issues of Latvian and Cross- border regulation” in Riga (Latvia) for the training of the Latvian judiciary, in particular bailiffs for the presentation of the topic “Enforcement documents in all EU civil matters regulations”.

Lecturer in the specialist course for international business law at the German Lawyers’ Academy (DAA) in Frankfurt a.M.

 

2019:                                                                                                                                                                                                 

Participation in the 10th German-Italian Lawyer Seminar at Villa Vigoni/ Menaggio. Lecture on the topic “cross-border execution”.

Participation in the conference of the German-Italian Lawyers Association (DIJV) in Hannover and lecture on “Cross-border recovery of claims for damages (IPPL including IPL issues)”.

Lecturer at the conference of the Association for Cultural Exchange between Italian and German lawyers in Rome on "Competition law and the law of public investment companies in Italy and Germany" (Italian Cartel Office, 4 October 2019).

Speaker for the Academy of European Law (ERA) and the Croatian Ministry of Justice in Zagreb/ Croatia on the subject of EC regulations concerning cross-border civil proceedings and European proceedings.

Contribution as a a speaker to a project of the European Commission, also organised by the University of Freiburg on the subject "IC2BE (Informed choices in cross-border enforcement)” in Freiburg, Germany.

Lecturer on "The recovery of cross-border debts in the European Union" at the University of Catania.

2020:                                                                                                                                                                                                        

Article "Corona and supply contracts in case of application of German contract and commercial law" to the online seminar of the DeutscheAnwaltAkademie (DAA) on the topic "Corona and supply contracts - Incoterms 2020.

Publication of the CORONA insolvency rescission law related article "Das Insolvenzanfechtungsrecht des CORInsAG", Neue Zeitschrift für Insolvenz- und Sanierungsrecht (NZI) Heft 9, 2020 (p. 352).

Lecturer in webinar in Riga/Latvia for the Academy of European Law on "Cross-border cooperation in civil matters: The EU Regulations on civil procedure”

 

Publications

“Die Internationale Reichweite des deutschen Mahnverfahrens im Anwendungsbereich des EuGVÜ”
A legal article published among others in the German “Anwaltsblatt” (2000, p.577 ff.) and quoted in the standard commentary on the Code of Civil Procedure “Thomas/Putzo” (23.A.) on the effective prosecution of payment claims across the borders of the EU states.

“UN-Kaufrecht für Unternehmer”
An overview of the UN Convention on Contracts for the International Sale of Goods (CISG), which is extremely important in the international trade of goods due to its regular automatic applicability; published by the German-Italian Chamber of Commerce in Milan.

“Die Richtlinie 98/5/EG zur Erleichterung der ständigen Berufsausübung des Rechtsanwaltsberufs im Ausland”
In accordance with the title, the regulations and the effects of the liberalisation of the lawyers’ professional law are examined in detail, explained and assessed by the author directly concerned, himself admitted to practice in Germany and Italy. Published in the DACH series No.13 of the publishing house Dr.Otto Schmidt, Cologne.

“Die „außerordentliche Verwaltung“ („amministrazione straordinaria“) des reformierten italienischen Insolvenzrechts.”
In 2004 there were several major insolvencies in Italy, namely “Parmalat” and “Volare”, which prompted the Berlusconi government to change the special insolvency proceedings for large companies several times. The legal intervention of industrial policy in the crisis is as unusual as it is interesting from a German perspective. The proceedings also contain remarkable provisions on group and company insolvency which, from the practitioner’s point of view, are presented on the basis of the above-mentioned insolvencies. Published in Mitteilungsblatt 2/2004 of the ARGE für Internationalen Rechtsverkehr im deutschen Anwaltverein, p. 87.

“Die „außerordentliche Verwaltung“ („amministrazione straordinaria“) des reformierten italienischen Insolvenzrechts.”
The dissertation of lawyer and avvocato David Einhaus, Freiburg, deals with the extraordinary administration of large companies in crisis (amministrazione straordinaria). After a valuable, introductory overview of the entire insolvency law of Italy with its five different procedures, the author deals in detail with the industrial-political special hazard of the extraordinary administration of large companies in crisis, which was already introduced in 1979 by the so-called Legge Prodi and comprehensively reformed in 1999. The Marzano Legge, which only came into force after the collapse of the PARMALAT Group in 2004, has already been incorporated. The resulting very topical scientific consideration is also carried out from the perspective of German and European law. The focus is on the question of avoiding bankruptcy through the New Extraordinary Administration. Published by AIS-Verlag, ISBN 3 – 928633 – 01 -5. Price: EUR 25.80 plus shipping (in deviation from the nominal fee mentioned below).

“Europäisches Mahnverfahren: grenzüberschreitende Verweisung bei Unzuständigkeit ? – Stellungnahme zu Sujecki, EuZW 2005, 45.”
The European Commission has presented a proposal for a Regulation on a European order for payment procedure. The author deals with an initial opinion on the proposed regulation, which can be seen from the above title, and brings in the extensive experience of the law firm. Published in EuZW 2005, p. 165.

“Qual der Wahl: Euro päisches oder internationales deutsches Mahnverfahren?”
The new European order for payment procedure is compared with the German international order for payment procedure. Both can be used in the future, so that the consideration of the advantages and disadvantages is as important as a view of the possible problems with their application. Published in the journal Praxis des internationalen Privat- und Verfahrensrechts (IPRax) 2008, p. 323 ff.

“Erste Erfahrungen mit dem Europäischen Zahlungsbefehl – Probleme und Verbesserungsmöglichkeiten”
After almost three years since the entry into force of the European order for payment procedure, the author gives an overview of the first experiences, the application problems and the need for improvement due to his intensive work in the field of cross-border activities. Published in EuZW 2011, p. 865.

“Erfahrungsbericht zur steuerlichen Rechtsberatung im Verhältnis Deutschland-Italien und aktuelle Entwicklungen”
Arbeitsgemeinschaft Steuerrecht im DAV (Hrsg.), Steueranwalt International 2015/2015, S. 127.

“Die revidierte EuGFVO im System des europäischen Zivilverfahrensrechts. Kommentar und Praxisbericht”, RIW 2018, S. 631-634.

CORONA insolvency rescission law related article "Das Insolvenzanfechtungsrecht des CORInsAG", Neue Zeitschrift für Insolvenz- und Sanierungsrecht (NZI) Heft 9, 2020 (p. 352)

Associations and work groups

German-Italian Lawyers Association/Association for the exchange of ideas between German and Italian lawyers
Working Group International Business Law in the German Bar Association (DAV)
Working Group Commercial and Corporate Law in the German Bar Association (DAV)
Working Group Tax Law in the German Bar Association (DAV)
Associazione Internazionale Giuristi Lingua Italiana (International Association of Italian-speaking Lawyers - AIGLI)
DACH -European Bar Association

Beyond that, Dr. Avv. Einhaus is a sworn translator for the Italian language. Especially for legal documents, for example complex contracts, this is of considerable value for the quality of the translation and of considerable importance for the user of the document.

Dr Ulrich Hansen

Attorney at law Dr. Ulrich Hansen (Partner)

Dr. Hansen is responsible for representation in all judicial and extra-judicial matters, for labour law, in particular employment protection law, severance pay, co-determination and works constitution law, part-time employment contracts, fixed-term employment law, commercial agency contracts and the review of employment contracts – general terms and conditions (AGB) in the employment contract.

In addition, Dr. Hansen advises in the legal areas of commercial and corporate law, European law and international private law, and general civil law.

Besides German, he fluently speaks French, Italian, Norwegian and English.

Curriculum Vitae

  • Studies and legal clerkship in Freiburg
  • Admitted to the bar in 1979
  • Local court – County court – Higher regional court
  • Specialist lawyer for labour law since 1995
  • Attorney of confidence of the Italian Consulate Freiburg
  • Holder of the Order “Stella Della Solidarietà Italiana”

Associations and work groups

German-Italian Lawyers Association/Association for the Exchange of Ideas between German and Italian Lawyers e.V.

  • Member of the German Bar Association (DAV)
  • Member of the Working Group Labour Law
  • Member of the Working Group for International Legal Relations
  • Member ALTA JURIS INTERNATIONAL and REGIONAL
  • Member CLUB D’AFFAIRES FRANCO-ALLMAND (German-French Business Club Upper Rhine) Member DEUTSCH-NORDISCHE JURISTENVEREINIGUNG E.V.
  • Member of the Association for the Promotion of the Center of France of the University of Freiburg i.Br. e.V.
Susan Salar

Attorney at law Susan Salar

As a specialist lawyer for labour law, Ms Salar is particularly specialized in the area of dismissal protection law. She advises and represents both employees and employers in and out of court in all areas of employment law.

In addition, Ms. Salar has many years of experience in the area of cross-border commuter law (Germany/France); she advises employees working in Germany and living in France in all matters of employment and social law.

In addition to labour law, Susan Salar is also active in general civil law, medical malpractice law and social law.

Attorney Salar works as a employed lawyer.

 

Description

 

As a specialist in labour law, Ms Salar advises and represents her clients in the following areas in particular:

Employment contract law:

- Preparation of employment contracts

- Review of employment contracts (especially from the perspective of the General Terms and Conditions of Business (GTC)

- Contract amendments

Protection against unfair dismissal:

- extraordinary, immediate termination without notice

- regular termination

- Dismissal protection through the Dismissal Protection Act (dismissal for operational, personal and behavioural reasons)

Change notice

Compensation

Termination and liquidation agreements

Warning letter

Transfer of operations

Attorney Salar is also available to advise you on questions regarding parental leave or maternity protection law, questions regarding co-determination and works constitution law, checking transfer/re-grouping, checking your job reference.

She speaks German, French and English.

Curriculum Vitae

Attorney Salar was born in Freiburg in Breisgau. She is married and has 2 children.

Studied law at the Albert-Ludwigs-University in Freiburg
Trainee lawyer in Freiburg, graduation with assessor examination
Admitted to the bar since 1999
Specialist lawyer for labour law since 2004

Associations and work groups

  • Member of the German Bar Association (DAV)
  • Member of the working group on labour law,
  • Member of the Freiburg Bar Association
  • Member of the Board of the CDA (Christian Democratic Employees' Association) Breisgau-Hochschwarzwald

Patrizia Cutaia

Attorney at law Patrizia Cutaia (in shared office)

Ms. Cutaia is responsible for representation in all judicial and extrajudicial matters in the field of family law, in particular divorce proceedings, separation and divorce agreements, property law with equalization of gains, marriage contracts, property disputes including division of household effects, pension equalization, separation and post-marital maintenance, child support, parental care and rights of access, cross-border family matters, separation and divorce under Italian law.

Ms. Cutaia also advises on legal matters: Labour law, copyright law, media law and general civil law.

She speaks German, Italian, Spanish and English.

 

Curriculum Vitae

  • Studies and legal clerkship in Hamburg and Freiburg
  • Admitted to the bar since 2000
  • Local Court – Regional Court – Higher Regional Court.

Since 2014 in shared office with Dr. Hansen & Kollegen.

Activities in family law

  • Drafting of marriage contracts
  • Legal advice and representation in connection with separation and divorce
  • Disputes over assets in the event of separation and divorce
  • Enforcement of family law claims, such as maintenance, equalisation of gains, joint and several debtor compensation
  • Regulation of the distribution of household goods,
  • Regulation of rights of access and custody
  • Advice and representation in the settlement of non-marital partnerships
  • Drafting of contracts under family company law or of company participations
  • Regulation of company succession (family pool)
  • International matrimonial and parenthood matters

Activities in inheritance law

  • Drafting of inheritance contracts
  • Advice and representation of communities of heirs
  • Inheritance proceedings
  • Inheritance certificate procedure
  • Right of forced heirship
  • Asset succession
  • International law of succession

Associations and work groups

  • Member of the German Bar Association (DAV)
  • Member of the Freiburg Bar Association
  • Member of Anwälte ohne Grenzen e.V.
  • Member of the centro culturale italiano e.V.
Avv Enza Ciccarello

Avv. Enza Ciccarello (hired lawyer)

Lawyer Enza Ciccarello deals mainly with Italian civil law and in particular with inheritance law, real estate law, tenancy law, family law and debt collection. She advises on these matters and represents and defends her principals in court.

Alexander Mertelsmann

Attorney at law Alexander Mertelsmann LL.M. (Fordham/USA) (in shared office)

Within the province of business law, attorney Mertelsmann’s area of practice includes competition law and intellectual property law, and entails all issues relating to trademark and copyright law. Additionally, his area of practice includes corporate law, civil law, administrative law, medical law as well as real estate law.

Fabian Carlesso v2

Attorny at law Fabian Carlesso (employed attorney)

Fabian Carlesso has been working as a lawyer for the law firm Dr. Einhaus & Partner since December 2019. His areas of expertise include in particular private building law, law governing contracts for work and services and real estate contract law. Furthermore, he advises our clients in matters of national and international enforcement, commercial and corporate law, tax law as well as transport and logistics law.  He also advises on insolvency law for entrepreneurs. Our clients benefit significantly from Fabian Carlesso's multilingualism, which includes German, Italian and English.
Fabian Carlesso studied law at the Albert-Ludwigs-University of Freiburg with a focus on commercial and business law. He completed his two-year legal clerkship in the district of the Higher Regional Court of Karlsruhe at the main office of the District Court of Waldshut-Tiengen.
Today Fabian Carlesso is a member of the German Bar Association (DAV) and a member of the Freiburg Bar Association.



Curriculum Vitae

Attorney Carlesso was born in Conegliano (Italy) in 1992.

Fabian Carlesso studied law at the Albert-Ludwigs-University of Freiburg with a focus on commercial and business law.

He then completed his two-year legal clerkship in the district of the Higher Regional Court of Karlsruhe at the main office of the District Court of Waldshut-Tiengen.

Fabian Carlesso was admitted to the bar in 2019.

2020: Specialist attorney course in tax law.

Associations and work groups

  • German Bar Association (DAV)
  • Freiburg Bar Association

Main areas of activity

Tax law
Building and contract for work and services law
Real Estate Contract Law
Transport and logistics law
National / International enforcement
General civil law

Staff


Rosanna Urban

Rosanna Urban

Rosanna Urban has been a legal assistant at Dr. Einhaus & Partner since 2012.

She is a qualified legal assistant and, in addition to administrative and organisational activities, supports the lawyers responsible for debt collection and enforcement.

She speaks German, English and Italian.