Dr. Ben W. Fuhrmann

Kirkland & Ellis International LLP

Overview

Ben Fuhrmann is a corporate associate in the London office of Kirkland & Ellis International LLP.

More

Thought Leadership

Articles

"Attribution of voting rights based on interest protection clauses and other provisions in share purchase agreements," AG, 2023, p. 377–388

"Hope 'Listing Act'," Wiener Zeitung, May 5, 2023, p. 13 (co-author)

"Cases on the law of fractional ownership," JuS, 2022, p. 1000–1004 (part I) and p. 1099–1104 (part II) (co-author)

"Enkraft Capital v. RWE AG – a failed kick-off for ESG activism in Germany?," AG, 2022, p. R168–R170 (co-author)

"VW and management board independence – a legitimate barrier to ESG activism in Germany?," AG, 2022, p. R153–R155 (co-author)

"ESG activism – here to stay?," Corporate Law Blog, Otto-Schmidt Verlag, May 16, 2022 (co-author)

"In re MultiPlan Corp. Stockholders Litigation – Go-ahead for SPAC litigation?," AG, 2022, p. R91–R92

"Numbers in the criminal law revision exam," JA, 2022, p. 321–326

"SPAC prospectuses in Germany and the Netherlands and ESMA's Public Statement," Zeitschrift für Bankrecht und Bankwirtschaft, 2021, p. 390–412

"Introduction to takeover law," JuS, 2021, p. 200–204

"Capital market law requirements for market soundings prior to capital increases and public takeovers," Zeitschrift für Wirtschafts- und Bankrecht (WM), 2018, p. 593–603 (part I) and p. 645–652 (part II)

"Discussion report on the lecture by Rüdiger Krause," in: Fleischer/Kalss/Vogt (Hrsg.): Corporate Social Responsibility, 2018, p. 261–263 (co-author)

"Civil law and legal economic aspects of the Volkswagen AG diesel scandal," Wirtschaftsdienst – Zeitschrift für Wirtschaftspolitik, 2018, p. 243–251 (co-author)

"Product interventions by BaFin and ESMA," Anglo-German Law Journal, 2017, p. 63–112

Commentary on Court Decisions 

"Compliance with the principle of specificity under property law in the case of transfer of property in the context of asset deals," discussion of BGH, judgment of December 16, 2022 - V ZR 174/21, EWiR, 2023, pp. 398–400

"Prospectus liability under civil law only in fact patterns outside the special statutory prospectus liability," discussion of BGH, decision of December 13, 2022 – XI ZB 10/21, EWiR, 2023, p. 425–426 (co-author)

"Requirements for the stay of proceedings pursuant to Section 8 KapMuG," discussion of OLG Munich, decision of September 23, 2022 – 13 U 3614/22, EWiR, 2023, p. 71–73 (co-author)

"Standing of the KapMuG plaintiff as a legal prerequisite for the admissibility of a legal complaint," discussion of BGH, order of September 13 – XI ZB 13/21, EWiR, 2023, pp. 71–73

"Conflict of interests in connection with the offering of investment products," discussion of OLG Frankfurt am Main, judgment of May 19, 2022 – 6 U 251/21, EWiR, 2023, pp. 169–170

"The power of the chairman of a meeting to determine whether a resolution has been passed," discussion of OLG Cologne, judgment of July 21, 2022 – 18 U 139/21, EWiR, 2022, pp. 682–684

"Corporation and shareholder as different objects of damages allocation under tort law," discussion of BGH, judgment of June 29, 2022 - XII ZR 6/21, EWiR, 2022, pp. 547–548

"Share price difference damages and imputation of benefits based on hedging positions in the context of a pair discount trade," discussion of OLG Stuttgart," judgment of April 12, 2022 – 1 U 205/18, WuB, 2022, p. 337–341 (co-author)

"Applicability of the obligation to obtain a waiver under the articles of association in the event of assignment of shares also in the event of a merger," discussion of OLG Brandenburg, decision of May 18, 2022 – 7 AktG 1/22, EWiR, 2022, p. 519–521 (co-author)

"Annulment of the annual financial statements if a significant devaluation is necessary due to either non-existent or untraceable accounts receivable," discussion of Munich Regional Court I, judgment of May 5, 2022 – 5 HK O 15710/20, EWiR, 2022, pp. 425–427

"Rumors as inside information and the scope of application of the journalists' privilege under Art. 21 MAR," discussion of ECJ, judgment of March 15, 2022 – C‑302/20, EWiR, 2022, pp. 261–263

"Court appointments of supervisory board members for vacancies during a takeover offer," comment on OLG Frankfurt am Main, decision of January 13, 2022 – 20 W 5/22, 20 W 9/22, EWiR, 2022, pp. 103–105

"Requirements for the authorization of the Management Board to exclude pre-emption rights for the issuance of authorized capital," discussion of OLG Nuremberg, judgment of August 11, 2021 – 12 U 1149/18, WuB, 2022, pp. 15–20

"Abusive requests for a special audit," comment on Munich Higher Regional Court, decision of July 6, 2021 – 31 Wx 236/21, GWR, 2022, p. 9

"Delisting during bankruptcy," comment on VGH Kassel, decision of January 15, 2021 – 6 A 857/19.Z, GWR, 2021, p. 406

"What is a public offer of securities?," comment on EFTA Court, judgment of June 18, 2021 – E-10/20, EWiR, 2021, pp. 620–622

"Challenging a capital increase resolution on the basis of a de facto subscription coercion," comment on OLG Hamburg, decision of February 12, 2021, GWR, 2021, p. 350

"Dual-track legal protection of shareholders against delisting," comment on VGH Kassel, decision of February 22, 2021, EWiR, 2021, pp. 396–398

Memberships & Affiliations

Columbia Alumni Association

Bucerius Alumni e.V.

German Association for Corporate and Company Law (VGR)

Credentials

Admissions & Qualifications

  • 2022Germany

Languages

  • English
  • German
  • French

Education

  • Columbia Law SchoolLL.M.with Highest Honors2024
    Editor, Columbia Journal of Transnational Law
  • Kiel UniversityPh.D., Law2024
  • Vienna University of Economics and BusinessVisiting Researcher2022
  • Bucerius Law SchoolGerman State Exam2019

    Konrad Adenauer Scholar

    Editor-in-chief, Bucerius Law Journal

  • Brasenose College, University of OxfordVisiting Student2016