Martin Bär

Martin is highly experienced in domestic and international litigation and alternative dispute resolution with a particular focus on banking and capital markets-related litigation, insolvency litigation and white-collar crime including internal investigations and crisis management. He also represents clients in proceedings for breaches of data protection law.

Martin was named a Lawyer of the Future for Dispute Resolution in Handelsblatt’s Best Lawyers Ranking 2022.

Work highlights

Martin has advised on a full range of national and international litigation and arbitration matters, examples are:

• Barclays Bank: Representation in more than 500 cases in Germany in connection with hedge fund-linked notes, including a German class action (KapMuG procedure) and proceedings before the German Supreme Court, as well as the coordination of parallel 118 proceedings in Austria
• International Securities Trading Firm: Advice and representation in the defence of claims over EUR 163m arising from a mistrade in Germany and France
• Major German bank: Representation in defence of a claim for alleged misadvice and alleged tort claims of a major Swiss investor in connection with warrant transactions in excess of CHF 370m
• European provider in the settlement and custody of securities: Advice and representation in Germany and the Netherlands in the defence of claims for damages amounting to EUR 46m from investors, custodian banks, the issuer and the issuing agent in connection with the bond issue of a now insolvent company from the renewable energy sector

Martin has been working for Linklaters since 2016 and since 2019 as Managing Associate.

He has undertaken a six months secondment to Deutsche Bank’s Litigation & Regulatory Enforcement team in the years 2020/2021.

He is a member of the ELSA Alumni Deutschland e.V.

Martin studied law at the University of Bayreuth where he also completed an additional qualification in economics. During his legal clerkship (Referendariat) he worked for Linklaters and for the German Federal Financial Supervisory Authority BaFin.

Martin Bär regularly publishes articles in professional journals and on blogs. Recent publications include:

• Checking In With Competition In Europe: Where Do International Commercial Courts Stand?, Kluwer Arbitration Blog, 26 April 2021 (together with Olga Sendetska)
• Der Betrieb: Special print Corporate-relevant legal developments 2020 - Significance for 2021 (Original title: Sonderdruck Unternehmensrelevante Rechtsentwicklungen 2020 - Bedeutung für 2021), Chapter on procedural law (Verfahrensrecht) (together with Alexandros Chatzinerantzis and Dr Christian Schmitt)
• Der Betrieb: Special print Corporate-relevant legal developments 2019 - Significance for 2020 (Original title: Sonderdruck Unternehmensrelevante Rechtsentwicklungen 2019 - Bedeutung für 2020), Chapter on procedural law (Verfahrensrecht) (together with Alexandros Chatzinerantzis and Dr Christian Schmitt)
• Comment on judgment by Higher Regional Court of Düsseldorf, Scope of duties and liability risk of rating agencies in the light of Art. 35a para. 1 sentence 2 of Regulation (EC) No. 1060/2009 (Original title: Pflichtenkreis und Haftungsrisiko von Ratingagenturen im Lichte des Art. 35a Abs. 1 Satz 2 der VO (EG) Nr. 1060/2009), BKR 2018, 348
• Legal protection against resolution measures (Original title: Rechtsschutz gegen Abwicklungsmaßnahmen), WM 2016, 493 (together with Dr Christian Schmitt)