Bank liability towards municipalities in foreign exchange swap transactions – Risky speculative business despite municipal ban on speculation?

Renowned major banks and savings banks lead inexperienced treasurers and managers of municipal companies into an interest rate trap with billions in losses. This is a brilliant business for credit institutions – an estimated 40% of local authorities are affected.     Allegedly exclusive concepts from the bank product department   Speculation with foreign exchange […]

SWAP transactions: advisory duties of a bank

How the Federal Court of Justice strengthens the rights of local authorities, small and medium-sized enterprises and private investors? Major German bank ordered to pay damages In its ruling of 22 March 2011, the X I Civil Senate of the Federal Court of Justice (BGH), which is responsible for banking law, for the first time […]

Books / Technical articles

Publications – Technical papers Fiala/Schramm, Insolvency risk of British life insurers when relocating to Ireland, ExpertenReport, issue 7/2019, pages 60-62 Fiala/Schramm, When are insurers no longer obliged to pay benefits or can reduce benefits?Expert Report, issue 3/2019, pages 56-58 Fiala/Schramm, No insurance coverage in case of refusal to pay protection money, ExpertenReport, issue 11/2018. Pages […]

Lawyer for banking law in Munich

Banking law: errors in advice, credit traps and more As a lawyer for banking law, I know that a bank has been part of our daily life since our earliest childhood. Just remember your first savings book, which you probably got at primary school from the nice savings bank advisor next door. We withdraw money, […]

Discussions on legal protection

Recent insurance cases in legal expenses insurance lead to the question: When is it useful to take out a coverage claim in the event of a refusal of benefits?   Insurance companies offer the customer a good feeling until the customer is then faced with a mostly justified refusal of benefits in the event of […]

Legal protection: When is it worthwhile to take out a cover action?

Insurance companies offer the customer a good feeling until the customer is then faced with a mostly justified refusal of benefits in the event of a claim. The vast majority of intermediaries have hardly any market overview for a comparison of offers at home and abroad – especially not the customer. The broker lets a […]

Insured event in legal expenses insurance (RSV): When does it make sense to file a coverage claim if benefits are denied?

Insurance companies offer the customer a good feeling until the customer is then faced with a mostly justified refusal of benefits in the event of a claim. The vast majority of intermediaries have hardly any market overview for a comparison of offers at home and abroad – especially not the customer. The broker lets a […]

Bank liability for investor damage or investor contribution to the subprime crisis

When selling, advising or brokering certificates and derivatives, special information is required to avoid liability towards investors. Credit institutions sold “guarantee” certificates and similar constructs to bank customers, for example the Lehman Brothers Bank, as a safe investment: numerous liability traps await bank and savings bank advisors.   I. Consultant incompetence and conditions trap Certificates […]

Mayor and her treasurer face prosecution for adverse dealings

How municipal officials can prepare for their defense Some cities and towns tend to make the budget look more positive than it really is. That’s where fictitious revenue is booked to show a balanced budget. Expenditure already incurred shall be carried forward to the following financial year. The budget thus appears balanced, showing a surplus […]