Dr. Jan Kappel
Partner / Attorney
The drive to win trumps all. I fight to the very end.
Profile
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. In addition, Dr. Kappel was awarded by Handelsblatt in cooperation with Best Lawyers in the ranking "Germany's Best Lawyers 2023" for the area of Corporate Governance & Compliance.
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.
Fields of activity
White-collar crime & compliance,
Litigation and arbitration proceedings
Awards
- “Best Lawyers/Handelsblatt 2023: Top attorney in Germany (Corporate Governance & Compliance-Cases)“
- “Wirtschaftswoche 2023: Top attorney for compliance“
- “Top attorney for compliance, esp. D&O liability and white-collar crime” Wirtschaftswoche 2015, 2017, 2019, 2020, 2021, 2023
- “One of ten leading names for compliance investigations in Germany” Juve Commercial Law Firms consistently since 2012/2013, most recently in 2022/2023
- “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
Publications
- Does the company's "infinite liability" in bidding cartel-cases end after all?
ZWH 2021, 231 (with Dr. Jutta Bader) - Corona Emergency Aid and subsidy fraud - Preconditions and consequences - Comment on the decision of the BGH of 4.5.2021 (6 StR 137/21)
jurisPR-Compl 4/2021 Anm. 1 (with Dr. Jutta Bader) - Antitrust fines: No prosecution "for eternity" - ECJ strengthens statutes of limitations defense
BB 2021, 3991 (with Dr. Florian Junkers) - Illegal submission agreements: Termination date of single and continues infringement - Comment on the decision of the ECJ of 14.01.2021 (C-450/19)
WuW 2021, 166 (with Dr. Florian Junkers) - Who wants to bid again after participating in a cartel must provide comprehensive information! Comment on the decision of the Westphalia Procurement Chamber dated 25.04.2019 (VK 2-41/18)
VPR 2019, 1007 (with Dr. Florian Junkers) - 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
ComplianceBusiness 4/2016 - 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)