Advisors

Emil Brodski

Lawyer
Specialist Lawyer for Commercial and Corporate Law

Emil Brodski has been a lawyer since 1997. He is also a specialist lawyer for commercial and corporate law.

His focus lies on the conduct of cases in complex procedures. Mr. Brodski is often mandated in shareholder disputes, in directors’ and officers’ liability cases, in disputes over deficient resolutions, in post-M&A disputes, and when business-related transactions lead to a conflict.

Due to his practical experience, Mr. Brodski is regularly consulted in unusual problem situations, for instance in cases dealing with the civil-procedural reappraisal of acts of economic crimes, or if a legal dispute already started appears to take a development in the wrong direction.

In the fields of the liability of tax advisors and lawyers, Mr. Brodski is one of the few experts in Germany who exclusively assist the claimant parties, thus the affected clients, in the enforcement of their claims for damage. In addition, he manages proceedings dealing with the liability of auditors and notaries.

As a specialist, Mr. Brodski is often called in by colleagues, insolvency administrators and tax advisors from other offices for advising and supporting their clients. He is involved in major proceedings on a regular basis.

Emil Brodski has been listed by The Legal 500 Germany 2023 as a recommended lawyer: “Emil Brodski demonstrates exceptional skills in writing pleadings and succinctly gets to the heart of complex matters and their legal classification – a brilliant lawyer!”

Reference Mandates

Legal representation of a group against a “Big Four” auditing company on account of claims for damage in the three-digit millions.

Legal representation of an employers’ association against a “Big Four” auditing company on account of miscounselling.

Judicial assertion of claims for damage in the millions against the former general manager of a GmbH & Co. KG on account of deliberate immoral damage, including obtaining an attachment to prevent the transfer of assets.

Judicial challenge of a court settlement with a value in the millions.

Extrajudicial advice to and representation of a GmbH minority shareholder in connection with omitted profit distributions in the millions.

Judicial representation in a shareholder dispute, defense against claims for damage in the millions.

Legal persecution of claims for damage in the millions against GmbH shareholder on account of an immoral violation of competition.

Legal persecution of the dismissal of a GmbH liquidator under § 66(3) GmbHG on account of a conflict of interests.

Representation of a municipal energy supply company against an international auditing and tax consulting firm on account of bad advice.

Assertion of claims for damage on account of omitted information about alternative opportunities for the avoidance of land transfer tax in the context of a share deal.

Legal persecution of claims for damage of a retired GmbH shareholder against a tax advisor on account of miscounselling following a complex M&A transaction.

Judicial representation of a commercially active Landlord in an action for vacation and surrender of a nursing home, including obtaining an injunction to cease and desist from subletting.

Persecution of claims for damage in the two-digit millions on account of bad tax advice to a family foundation in connection with the donations of shares.

Assertion of claims for damage and prohibitory injunctions against the general partner of a family limited partnership.

Obtaining attachments against a lawyer on account of the misappropriation of client funds.

Judgements successfully obtained before the Federl Constitutional Court (file no.: 1 BvR 602/07) and confirmation of judgements obtained by the Federal Supreme Court (e.g. II ZR 6/11).

Publications

(the German titles are described here in English terms)

Liability of lawyers: About the duties of a lawyer mandated with the foreclosure – at the same time discussion of the Federal Supreme Court decision of 7 Sep 2017, file no.: IX ZR 71/16, DER BETRIEB 2017, p. 2470 Liability of tax advisors: About the duties of a tax advisor in the voluntary disclosure mandate – at the same time discussion of the Higher Regional Court of Nuremberg of 24 Feb 2017, file no.: 5 U 1687/16, DER BETRIEB 2017, p. 2793 Liability of lawyers: About the warning and notification duties of a lawyer outside of the awarded mandate – at the same time discussion of the Federal Supreme Court decision of 21 June 2018, file no.: IX ZR 80/17, DER BETRIEB 2018, p. 2361 Liability of tax advisors: Knowledge of the client within the meaning of § 199(1), No. 2 BGB (German Civil Code) required for the start of the limitation period – at the same time discussion of the Federal Supreme Court decision of 25 Oct 2018, file no.: IX ZR 168/16, DER BETRIEB 2019, p. 119 Liability of lawyers: duty of the lawyer to verify client details about so-called legal facts – at the same time discussion of the Federal Supreme Court decision of 14 Feb 2019, IX ZR 149/16, DER BETRIEB 2019, p. 834 Liability of lawyers: Duty of the lawyer to point out to the necessity of tax advice – at the same time discussion of the Federal Supreme Court decision of 9 Jan 2020, IX ZR 61/19, DER BETRIEB 2020, p. 1672 Liability of tax advisors: Damaged clients are not liable for a contributory negligence, if they accept a discontinuation of proceedings under § 153 a stop (Criminal Procedure Code) and refrain from fighting for an acquittal – at the same time comment on a decision by the Higher Regional Court of Karlsruhe decision of 23 Mar 2022, 3 U 11/20, Strafverteidiger Forum 2022, p. 215 Liability of lawyers: About the liability of the lawyer misappropriating client funds, comment on an indicative decision by the Higher Regional Court of Munich of 5 Apr 2023, 15 U 6218/22, Anwaltsblatt 10/23