Dr Frank Roth

Partner
Considerable litigation experience, first-class expertise
Competitor, JUVE Handbook 2022
About

Dr Frank Roth represents clients in complex litigation and arbitration proceedings in connection with trade relations in cross-border commercial transactions, corporate disputes, liability cases and insolvencies.

Furthermore, Frank Roth conducts procurement review proceedings as well as disputes in the context of the implementation of public contracts.

Frank Roth has in-depth sector-specific experience, in particular in the industrials, information technology, healthcare and infrastructure sectors.

Professional QualificationsRechtsanwalt admitted with Rechtsanwaltskammer Cologne

EXPERIENCE

ARBITRATION PROCEEDINGS

  • Representation of a listed materials company in ad hoc arbitration proceedings on the allocation of opportunities and risks from the transfer and re-transfer of a large real estate portfolio (amount in dispute over € 350 million).
  • Representation on behalf of a D&O insurers of the former board member of a German Landesbank against his claim for alleged damages in connection with the global financial market crisis (amount in dispute over € 500 million).
  • Acting as sole arbitrator in the first DIS arbitration conducted under the amended Packaging Act on the award of a collective contract.

LITIGATION PROCEEDINGS

  • Representation of auditors and tax advisors in two lawsuits against the insolvency administrator of a so-called snowball scheme for insolvency damages of approximately € 90 million.
  • Representation of an English hotel group in disputes concerning lease payments during the Covid-19 pandemic, alleged fire deficiencies, lease calculations taking into account state aid and concerning the rescission of the lease agreement.
  • Representation of a US chemical company on warranty and product liability issues in connection with the manufacture of battery casings for use in trains worldwide.

PUBLIC PROCUREMENT

  • Ongoing advice to and representation of a municipality as well as various municipal transport companies and a regional airport in the preparation and implementation of tenders as well as in reprimand and review proceedings.
  • Ongoing procurement law advice to SAP, inter alia, in connection with the Corona app and the project to establish and operate a sovereign cloud platform for the public sector.
  • Ongoing procurement and concession law advice to a leading operator of concessions for ancillary services in the German motorway network.
Languages
  • German
  • English
Education
  • Higher Regional Court Stuttgart, Second State Examination, 1997
  • University of Mannheim, Dr. iur., 1996
  • University of Mannheim, First State Examination, 1994

Awards

  • JUVE Handbook 2021/2022: Frequently recommended for dispute resolution: litigation and arbitration, public sector: public procurement and regulated industries: transport sector: regulation and financing; “competent and practice-oriented”, client, “considerable litigation experience; first-class expertise”, “professional and pleasant cooperation”, competitors
  • Legal 500 Germany 2022: Recommended for public procurement, dispute resolution: arbitration (including international arbitration), commercial litigation and advide of the transport sector. He is an “experienced litigator; well structured in communication; very efficient advice - always has the cost-benefit ratio in mind.”
  • Chambers Europe Germany 2020: Recommended for dispute resolution: litigation; “highly experienced, calm, thoughtful and engaged”
  • Handelsblatt in cooperation with Best Lawyers 2023: Recommended for litigation

Publications

  • What does the law know about the market - the new definition of the market price in Regulation PR 30/53, VergabeR 2022, p. 372 et seq.
  • Roth in, Osseforth (ed.), Handbook on IT Procurement, 2022, § 20 (dealing with contract amendments)
  • Roth/ Landwehr, No "carte blanche" for direct awards in the case of pandemic-related urgency, NZBau 2021, 441 et seq.
  • New declaration of commitment to social sustainability in public sector IT purchasing - How companies must prove that they guarantee labour and social standards in the supply chain, Computer und Recht, 2020, 217 et seq.

Prior Experience

Before joining DLA Piper in 2005, Frank Roth spent seven years at an international law firms in Munich, Prague, London and Berlin.

Memberships And Affiliations

  • German Institution of Arbitration (DIS)
  • Forum Vergabe e. V. (Procurement Forum Association)

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