Dr. Jost Kotthoff
Biography
Overview
Jost is a leading authority on all types of sourcing and technology transactions.
His experience covers complex commercial agreements, often cross-border, with particular expertise in the area of technology agreements as well as the financial services sector. This includes all types of sourcing transactions (such as IT outsourcing, BPO, system integration, cloud-related agreements and license agreements), commercial arrangements (e.g., manufacturing, supply, distribution, agency or reseller agreements) and joint ventures and other types of collaboration agreements.
Numerous clients have benefitted from his deep understanding of the commercial underpinnings of these types of transactions, as well as the relevant processes and technology.
Jost also has broad experience in the area of intellectual property law. A particular focus are copyright matters related to software and data.
Experience
ABN AMRO
Advised ABN AMRO Bank N.V. (ABN AMRO) on its acquisition of Hauck Aufhäuser Lampe Privatbank AG (Hauck Aufhäuser Lampe) from Fosun International Limited, which is subject to regulatory approvals.
Delivery Hero on US$950 million sale of Taiwanese foodpanda business to Uber
Advised Delivery Hero SE (Delivery Hero) on the US$950 million cash sale of its foodpanda business in Taiwan to Uber Technologies, Inc. (Uber), and on a separate US$300 million cash capital increase, fully subscribed by Uber, through its wholly-owned subsidiary SMB Holding Corporation.
Vattenfall Facility operations outsourcing
Advised Vattenfall in the outsourcing of its German facility operations to ISS Facility Services. The transaction involved the acquisition of the Vattenfall subsidiaries that have previously provided these services. The contract value of the service agreement is a multiple three-digit million euros figure.
Global manufacturer on Agile Software development project
Advised a global manufacturing company on a software implementation project covering all of its core processes. To support the Agile software development approach used by the project, correspondingly agile contracts with vendors needed to be developed and negotiated.
Global financial institution communications services
Advised a leading financial institution in contracting with a global telecommunications provider for the delivery and management of mobile voice and data, as well as fixed voice services in more than 25 countries.
Multi-national finance and accounting outsourcing
Advised a global insurance company in a BPO covering finance and accounting services in multiple jurisdictions.
German bank IT infrastructure and application Management Outsourcing
Advised a German bank in the outsourcing of its IT infrastructure and parts of its application management to a specialized service provider. The transaction involved the transfer of 260 employees and has a high three-digit million-euro contract value. The parties have agreed to a transformation program involving the implementation of a new core banking system.
Bank data center cloud transformation
Advised a German financial institution in a multinational outsourcing transaction, involving the transformation of the current operations to a cloud-based delivery model.
Deutsche Bank’s acquisition of Xchanging Transaction Bank GmbH
Advised Deutsche Bank AG in the dissolution of its joint venture with Transaction Bank Gmbh (Xchanging). As part of the dissolution, Deutsche Bank acquired Xchanging’s shares in Xchanging Transaction Bank GmbH. The joint venture provided securities processing services to Deutsche Bank and other financial institutions.
Global network services integration
Advised a leading global insurance company in contracting the responsibility for its global network and VoIP services to an integrator. The transaction also involved multiple contracts with telecom carriers.
SAP implementation of leading financial institution
Advised a leading insurance company financial institution on the legal and contractual aspects of the implementation of an SAP-based core banking platform.
European data center outsourcing of leading financial institution
Advised a leading financial institution on the renewal of its continental European data center outsourcing. The transaction covers eight countries and has an annual contract value in excess of 100 million euros.
Legal Framework for Software Audits, MMR, Issue1, p. 3 et seq., 2014, (co-author with Mirko Wieczorek) (Rechtsrahmen von Softwarelizenzaudits – Zulässigkeit und Grenzen)
Commentary on the German Copyright Law, 3rd ed., Heidelberg, 2012, (co-editor with Gunda Dreyer and Astrid Meckel; author of chapters on contracts, computer programs, databases, enforcement and international copyright law) (Heidelberger Kommentar zum Urheberrecht)
Outsourcing (including transfer of undertakings), Munich, 2009, (co-author with Detlev Gabel) (Verträge mit Erläuterungen: Outsourcing (mit Betriebsübergang)
Outsourcing, Munich, 2008, (Outsourcing. Beck'sche Musterverträge) (co-author with Detlev Gabel)
Highly Recommended Lawyer (Best Lawyers/Handelsblatt), 2024 for
- Information Technology
- Intellectual Property
- Outsourcing
- Technology
Lawyer of the Year 2024, Best Lawyers/Handelsblatt, Outsourcing
Leading Individual for IT Transactions & Outsourcing, Legal 500 Germany 2023
Highly recommended lawyer for IT and Outsourcing, JUVE 2022/2023
Highly recommended lawyer for Information Technology, Chambers Europe 2023