Dr. Jan Kappel
Partner / Attorney
The drive to win trumps all. I fight to the very end.
Dr. Jan Kappel is an attorney and managing partner of the Frankfurt office of AGS Legal, where he manages the White-Collar Crime/Compliance and Litigation practice group.
Dr. Kappel has extensive expertise investigating complex cases involving damage and liability in which he regularly represents companies, management bodies and decision-makers. Clients and competitors describe Dr. Kappel as “pragmatic and efficient,” “a C-level player,” “thorough,” “a good strategist” and “as solid as a rock” (quotes from JUVE, Legal 500). Business magazine Wirtschaftswoche has named Dr. Kappel one of Germany’s leading attorneys for compliance cases since 2015.
His core areas include representing and defending companies in white-collar crime cases, prosecuting willful injuries to companies, strategically managing the resolution of international compliance cases, representing management board members and other decision-makers in civil liability cases relating to compliance (D&O liability) and inspecting and enhancing compliance systems. Dr. Kappel also represents clients in “classic” civil disputes and cases involving heavy losses.
Dr. Kappel regularly publishes articles on compliance topics, gives talks for institutional event organizers and is an adjunct professor at the University of Heidelberg.
- “Top attorney for compliance, esp. D&O liability and white-collar crime” Wirtschaftswoche 2015, 2017, 2019, 2020
- “One of ten leading names for compliance investigations in Germany” Juve Commercial Law Firms consistently since 2012/2013, most recently in 2019/2020
- “Outstanding services and profound knowledge of criminal law and criminal procedure” Legal 500
- “One of twelve recommended lawyers for compliance matters in Germany” Kanzleimonitor 2017/2018
- Interviews and expert quotes (Handelsblatt, Financial Times Deutschland)
- The bidding cartel – what is the statute of limitations for price rigging in the award of contracts for major projects? (with Florian Junkers)
NZWiST, 2018 274 ff.
- Resolution of willful crimes against companies – breach of trust, theft, fraud: a guide
Compliance-Berater 3/2018, 55 (with Florian Junkers and Oliver Zöll)
- Greater significance, noticeable challenge – foreign bribery: practical implications of the anti-corruption law
- The criminal liability of “foreign bribery” following the introduction of the German Anti-Corruption Act on November 26, 2015 - an overview
NZWiSt, 10/2016, 382 ff. (with Florian Junkers)
- Corporate compliance – a practical guide, Kappel/Johannsen, Section 7 Internal investigations as a reactive control obligation, 2016
- Fraudulent intent beats liability disclaimer - “no punches pulled” in the warranty trial
Betriebs Berater 2013, 2955 (with Dr. Jan Ehling)
- Bid rigging – not a minor infraction
IBR 2012, 693
- The UK Bribery Act – a penal code conquers the world?
The criminal defense lawyer 2012, 695 ff. (Kappel/Lagodny)
- How much penalty is enough? German companies caught between the UK Bribery Act, FCPA and the German Criminal Code
Betriebs Berater 2011, 2115 (with Dr. Jan Ehling)
- “Obtain a permit in return for a gift?” – Compliance risks for investors Withdrawal, revocation and forfeiture as consequences of corruption to obtain official permits
Betriebs Berater 4/2010, 131 (with Dr. Lorenz Zabel)
- Corruption and civil law - Part 2, ZRFG 5/2007, 216 ff. (Kappel/Acker)
- Corruption and civil law - Part 1, ZRFG 4/2007, 168 ff. (Kappel/Acker)
- Civil claims in corruption cases and their commercial consequences – who is liable to whom?
- Betriebs Berater, 2007, 1509 ff. (Acker/Froesch/Kappel)
- “Punitive damages?” - Financial risks for companies paying bribes Zeitschrift für Wirtschafts- und Bankenrecht, 2007, 1441 (with Dr. Florian Kienle)
- Corruption in construction - a spotlight on bribery and corruption in business
NJW, 49/2007, 3530-3535 (with Dr. Florian Kienle)
- Fatal consequences - bribes can be subject to several simultaneous sanctions FAZ August 22, 2007, p. 19 (Kappel/Kienle)
- The ubiquity principle on the Internet - how far does German criminal law reach? Diss.,
Verlag Dr. Kovac, Hamburg 2007
- Civil law is also a weapon against corruption
FAZ October 18, 2006, 25 (Acker/Kappel)