Eberhard H. Röhm
Partner
Duane Morris LLP
1540 Broadway
New York, NY 10036-4086
USA
Phone: +1 619 744 2217
Fax: +1 212 208 2514
Email: ehrohm@duanemorris.com

Eberhard H. Röhm is a native of Munich, Germany, and now lives and practices law in the United States. Mr. Röhm's practice is focused on international transactional matters with Germany and other European Union countries. He oversees and handles corporate and real estate mergers and acquisitions, restructurings, securities offerings for clients in the automotive, machinery, banking and finance, chemicals, pharmaceuticals, computer software, energy, real estate development and management, commercial and industrial construction, and entertainment industries and for foreign governments. He was in charge of the U.S. legal practice of the Ernst & Young global legal network. He serves as an international arbitrator for the American Arbitration Association and the International Chamber of Commerce.

The current co-chair of the Committee on International Banking, Securities and Financial Transactions of the International Section of the New York State Bar Association, Mr. Röhm is active in other bar associations as well as the Practising Law Institute, the American Council on Germany, the German-American Law Association, the German-American Chamber of Commerce and the Center for International Legal Studies, among others. In addition to being the author of international financial reporting standards and German securities regulations, he speaks at legal seminars, most recently in Mexico City, Frankfurt and Tokyo about the implications of the Sarbanes-Oxley Act for foreign executives and in New York on attorney-client privilege and on the convergence of international stock exchanges. He is fluent in German and French and can read Italian, Spanish and Russian.

Admitted to practice in New York, Illinois and Germany, Mr. Röhm holds German and U.S. law degrees, having graduated from Fordham University School of Law, the University of Heidelberg and the University of Bonn.

Areas of Practice

• Corporate Law
• Real Estate Law
• Mergers and Acquisitions
• Securities Regulations
• International Law
• Employment Law

Representative Matters

• Represented Joh. A. Benckiser, the 80-plus percent stockholder of cosmetics manufacturer Coty, Inc., in Coty's $1 billion initial public offering (IPO).
• Represented a foreign-based entity in its purchase of a company owning a 9.14 acre site and building in Miami, Florida for a cash purchase price of $43,540,000, including assumption of existing indebtedness. The property is net leased for 20 years to the U.S. General Services Administration and houses a high-tech drug testing laboratory for the Drug Enforcement Administration.
• Represented the Federal Republic of Germany in the purchase of the German School from the City of White Plains.
• Represented the Federal Republic of Germany in the purchase of a Manhattan residence for the German ambassador to the United Nations from a private owner.
• Represented the Federal Republic of Germany in the purchase of property on First Avenue in Manhattan from a private owner and the construction of the German House.
• Represented the Grand Duchy of Luxembourg in the purchase of a Manhattan residence for the Luxembourg ambassador to the United Nations from a private owner.
• Represented the Germany-based parent of Coty, Inc. in the sale of shares of Coty common stock to Berkshire Partners LLC, a Boston-based private equity firm, and Rhône, a private equity firm with offices in New York and London.
• Represented an international certification company headquartered in the European Union in its acquisition of a U.S. testing company, including conducting due diligence in connection with the transaction.
• Represented a German investor in a real estate acquisition in Miami Beach, Fla.
• Represented a Spanish acquirer in a proposed purchase of a slate-roof producer.
• Represented ThinkSmart, Ltd., an Australian lease-finance company, in establishing operations in the U.S.
• Advised a U.S. public company in connection with an internal restructuring involving the issuance of "stapled stock" to an affiliated entity.
• Represented a European Union cosmetics manufacturer in starting up a chain of cosmetics stores throughout the United States.
• Advised Allied Irish Banks, plc in preparation and filing of Form S-8 for issuance of ordinary shares for purposes of issuing ADR's to participants in its incentive equity plan.
• Conducted vendor due diligence of J.A. Jones Construction Co. in connection with a proposed auction sale.
• Represented a Spanish petroleum company in connection with a proposed acquisition of a Taiwanese manufacturing entity.
• Advised a German manufacturer in connection with a bid for a Philippines-based business.
• Represented a European Union purchaser in its acquisition of VDL Enabling Technologies.
• Conducted due diligence on behalf of one of the bidders for LF Publications in a Section 363 sale out of bankruptcy.
• Conducted vendor due diligence in connection with the proposed sale of VF International under Section 363 of the Bankruptcy Code.
• Advised the International Osteoporosis Foundation in establishing a U.S. chapter.
• Advised the Friends of the Musee du Louvre Foundation regarding Section 501(c)(3) requirements.
• Advised the National Conference for Community and Justice New York regarding judicial dissolution under New York Business Corporation Article 11.

Professional Activities

• American Bar Association
• German Bar Association
• New York State Bar Association
  - Co-Chair, International Banking, Securities and Financial Transactions Committee, 1996-present
• Association of the Bar of the City of New York
  - Committee on International Law, 1979-1982
  - Committee on Comparative Law, 1976-1979
• International Bar Association
• American Council on Germany
• German-American Chamber of Commerce
• American Arbitration Association
• Center for International Legal Studies

Admissions

• California (Foreign Legal Consultant)
• Illinois
• New York
• Germany
• Supreme Court of the United States
• U.S. Court of Appeals for the Second Circuit
• U.S. District Court for the Southern District of New York
• U.S. District Court for the Eastern District of New York
• U.S. Tax Court

Education

• Fordham University, J.D., 1976
• Ministry of Justice of Northrhine-Westfalia, State Judicial Exam, 1973
• University of Bonn, Received German law degree, 1968
• University of Heidelberg, Studies leading to German law degree, 1965

Experience

• Duane Morris LLP
  - Partner, 2007-present
• Arent Fox LLP
  - Partner, 2005-2007
• Donahue & Partners LLP
  - Managing Partner, 2001-2005
• Fulbright & Jaworski LLP
  - Partner, 1989-2001
• Rohm International, PC
  - Managing Partner 1975-1989

Board Memberships

• German School of New York
  - Co-Founder and Trustee, 1980-1983

Honors and Awards

• Listed in New York Metro Super Lawyers, 2006, 2009 and 2010
• AV® Preeminent™ Peer Review Rated by Martindale-Hubbell

Selected Publications

• Co-author, "U.S. Financial Reform: Creation of the Federal Insurance Office and the Financial Stability Oversight Council," Duane Morris Alert, August 24, 2010
• Carole Basri, Corporate Compliance Practice Guide, Chapter on Consultants and Outside Counsel, 2009
• Carole Basri, International Corporate Practice, Chapter on International Financial Reporting Standards, 2008
• Bloomenthal /Wolff, International Capital Markets and Securities Regulations, Chapter on German Securities Regulations, 2006
• "Choice of Law in International Distribution Contracts," New York International Law Review, 1998 (Vol. 10)
• "Das amerikanische Gesellschaftsrecht," (IWB), 1996
• "Das amerikanische Arbeitsrecht," (IWB), 1996
• "Corporate Environmental Liability in the United States," Campbell, Approaching 2000: The Corporation in Transition (Kluwer), 1994

Selected Speaking Engagements

• Co-chair, "Cross Border Litigation and Arbitration in Connection with Defaulted Sovereign Debt: The Argentine Case and What it Means Today," New York State Bar Association International Section Annual Meeting, September 23, 2011
• Speaker, "Global Regulatory and Market Survey of Islamic Finance," New York State Bar Association International Section Global Law Week, May 12, 2011
• Speaker, "International Mergers and Acquisitions in a Changing Legal and Business Environment," New York State Bar Association International Section Global Law Week, May 11, 2011
• Panel Chair, "Establishing Businesses/Investments in the U.S.," Joint Meeting of the N.Y. State Bar Association International Section and the Union Internationale des Avocats, New York City, September 13, 2010
• Panel Moderator, "International Matters," Practising Law Institute's Global Financial Issues 2010: Preparing for the Future, New York City, August 4, 2010
• Panelist, "Compliance Symposium: Ethics in Financial Services, Data Privacy, Anti-Money Laundering and the Foreign Corrupt Practices Act," 2010 New York Venture Summit, June 17, 2010
• Moderator, "The Growth of and Challenges for International and Domestic Microfinance," New York State Bar Association International Section's International Microfinance Symposium, New York City, April 20, 2010
• Organizer, "Current Issues for U.S. Corporations Doing Business in Europe and Asia," Duane Morris Seminar, New York City, March 24, 2010
• Co-chair, "Fair Dealing Investment Guidelines on Selling Investment Products to Individual Investors," New York State Bar Association's International Law and Practice Section Fall Meeting, Singapore, October 27, 2009
• Panelist, "International Matters," The Global Financial Crisis 2009: Preparing for the Future, Practising Law Institute seminar, New York City, August 5, 2009
• Co-chair, "Converging Securities Market Regulation and Consolidation of Securities Exchanges," New York State Bar Association's International Law and Practice Section Fall Meeting, Stockholm, Sweden, September 18, 2008
• Speaker, "The Global Subprime Crisis: Issues You Need to Know," Conference, Practising Law Institute event, New York City, July 7, 2008
• Co-chair, "Islamic Finance Law" panel discussion, sponsored by the Federal Reserve Bank of New York and the New York State Bar Association, May 16, 2008
• Speaker, "International Corporate Practice - Ethical and Legal Considerations" conference, Practising Law Institute event, Penn Club, New York City, January 31, 2008
• "Threshold Issues in Setting Up a Business in the U.S.," Arent Fox Webinar, December 1, 2006