Assessment of legal enquiries, including the clarification of underlying facts as well as the formulation and evaluation of possible solutions (section 46 para. 3 No 1 German Federal Lawyers’ Act (Bundesrechtsanwaltsordnung) (BRAO));
Providing legal advice (section 46 para. 3 No 2 BRAO);
Focusing the duties on the creation of legal relationships, especially by the self-dependent leadership of negotiations, or on the realisation of rights (section 46 para.3 No 3 BRAO);
Entitlement to responsible representation against third persons (section 46 para. 3 No 4 BRAO).
Detailed scope of work
Providing advisory coverage on all matters relating to IBD and GCM activities including primary and secondary equity, equity-linked and debt offerings, block trades, acquisitions and disposals, takeovers and mergers as well as financing (e.g. leverage acquisition finance and relationship lending). This may include from time to time IBD and GCM matters handled out of the EU branches;
Reviewing and advising on relevant engagement and execution documentation (e.g. NDAs, Engagement and Indemnity Letters, Non Reliance, Hold Harmless and Release Letters, Underwriting Agreements, Placement Agreements, Publicity and Research Guidelines, Loan Facility and Collateral Agreements, Legal Opinions and Disclosure Letters, Comfort Letters, Loan Transfer documentation, amendment documentation relating to loan facilities);
Attendance at firm committees including equity underwriting (EEUC), fairness opinion/valuation committees and credit committees and/or local approval committees (if any), including preparation of minutes to the extent such minutes are to be prepared by the Legal Department, e.g. for the EEUC;
Assistance in relation to litigation and regulatory investigations involving IBD/GCM;
Legal risk and liability management and protecting the Firm franchise – significant interaction with Investment Banking and Capital Markets management on escalation of legal and franchise risk issues, arising both on transactions but also from the general regulatory environment (e.g. senior manager, conduct, etc.);
Advising on strategic projects, new business including involvement in the new product approval and other internal risk control processes;
Preparation and review and amendment of standard forms and templates (e.g. NDAs, Engagement and Indemnity Letters, Disclaimers);
Involvement in Firm or Legal and Compliance Division related projects;
Formulation and advice on applicable Firm policy;
Advising on proposed new laws, regulations and changes in legislation which are relevant to IBD/GCM;
Support senior legal staff;
Liaising with IBD/GCM coverage lawyers worldwide to ensure consistent approach or in case of cross-border projects (e.g. cross border merger) and with regard to services provided out of branches of the German entity;
Working with Compliance on delivering co-ordinated Legal and Compliance advice to IBD/GCM;
PQE: 5 years (after legal clerkship (Referendariat)) either at an international law firm or in-house at a financial institution or a fund company with international background;
Expertise and working experience in at least one , preferable more of the following areas: Equity Capital Markets, Debt Capital Markets, Mergers and Acquisitions (private and public), Leveraged Acquisition Finance.
German Qualified Lawyer;
Ideally bank traineeship;
Language skills: German and English fluent in word and speech, ideally French, Italian and/or Spanish in addition.