Dr Mark Odenbach

Dr Mark Odenbach

Dr Mark Odenbach (Founder and Partner)

Background

Dr Mark Odenbach studied law at Christian-Albrecht-Universität of Kiel, Universidad Complutense de Madrid, Harvard Law School (P.I.L.), Queen Mary University of London and BPP University Law School (London). He qualified as a German lawyer (Rechtsanwalt) in 1992 and as an English solicitor in 1999. Dr Odenbach also qualified as a Spanish abogado in 1991. Dr Odenbach holds a doctorate from the University of Hamburg (1993) and a mid-career Master of International Taxation (M.I. Tax) from the same university (2009/10).

Dr Odenbach is a fully-fledged practitioner of Investment & Financial Law and of International Commercial Law working under German, English and Spanish law. Having also worked in international corporate banking and for a large global accounting firm, his financial acumen is highly developed. Dr Odenbach’s particular strength is the provision of legal and strategic advice in an international context.

Dr Mark Odenbach is, inter alia, a member of the following networks:

  • Harvard Negotiation Institute;
  • Shearman & Sterling Alumni;
  • Sidley Austin Alumni;
  • Law Society of England & Wales International Division;
  • British-German Lawyers Association; and
  • European Lawyers.

Investment focus

When dealing with (international) investment matters, Dr Odenbach benefits from his experience of more than twenty-five years in international real estate and in international and structured finance predominantly gained while working in the financial centres of New York, London and Frankfurt/Main.

Dr Odenbach has worked on many innovative and ground-breaking finance deals which in their majority were completed. (The securitisation of the global cashflow of the songbook of a US popstar is an example of a transaction that could not be completed.)
In his former role as a partner and co-head of Structured Finance at one of the largest international law firms he acted, inter alia, as the lead counsel for a Stuttgart based manufacturer of premium cars in connection with certain ground-breaking European securitisation transactions (total volume: € 2,200,000,000.00).
He also advised a globally leading high volume car manufacturer headquartered in Wolfsburg on similar transactions.

Prior to that he had been involved in:

  • the financing of a musical hall in the port of Hamburg;
  • the first British mortgage securitisation;
  • the first purchase by a German bank of a Catalan portfolio of social housing rental income (volume: more than € 100,000,000.00);
  • the first asset-backed US Commercial Paper conduit by a German bank (total volume: € 5,000,000,000.00);
  • the first synthetic securitisation of corporate loans by a Dutch bank (volume: more than € 2,000,000,00.00);
  • the first synthetic securitisation of corporate loans by a German bank – enhanced with an ABS portfolio (volume: more than € 2,000,000,000.00); and
  • the first Commercial Paper Conduit of an Islandic bank.

Dr Odenbach has worked on international investment & finance transactions under English, Spanish and German law. The total volume of all the transactions he has been involved in surpasses € 30 billion.

In pursuit of his goal to build his own independent platform, Dr Odenbach left the world of mega finance before the financial crisis and re-focused his investment & finance practice on mid-market and large commercial real estate finance and IP investments, covering the following transaction types:

  • permanent investment, bridge finance and development finance; continental real estate finance (designed for the banking book);
  • Anglo-Saxon-style structured real estate finance, i.e. Commercial Mortgage Backed Securities (designed for placement in the international debt capital markets);
  • various forms of equity investments, including direct real estate investments, real estate joint ventures and private real estate funds;
  • mezzanine and sub-ordinated real estate investments;
  • real estate transaction including commercial leases;
  • licensing of intellectual property (patents, utility models, trademarks, designs; and knowhow) – both domestic and cross-border.

Dr Odenbach has also acted on numerous occasions for real estate investors and financiers in distressed situations, including insolvencies and foreclosure scenarios. For example, in 2008/9 he advised the London office of a globally active Swiss bank in connection with one of Germany’s largest real estate insolvencies ever.

Blending elements of structured finance with real estate finance, Dr Odenbach has carved-out a niche for himself in the field of insolvency-proof real estate investments.

Cross-border focus

Since his days as a student and trainee, Dr Odenbach has been keenly focusing on international commerce.

At German law school, he opted for European Law and International Public Law as electives. In relation to the second State Exam, he selected International Commercial Law as the relevant elective. Later he became a research assistant to Prof Ulrich Magnus at Hamburg University, a leading academic in the fields of International Sales Law and of Conflict of Laws.

Thanks to a generous scholarship, Dr Odenbach also studied Spanish business law at Universidad Complutense de Madrid. Moreoever, he also worked as a legal trainee in a Spanish-German law firm dealing with Spanish-German real estate and trade matters.

On various occasions, Dr. Odenbach has spoken to foreign trade missions (in English and in Spanish) about “doing business in Germany”.

Dr Odenbach acts for trading companies from various parts of the world. He is particularly familiar with:

  • international (virtual) employment contracts;
  • the appointment of commercial agents (German and English law);
  • the appointment of distributors (German and English law);
  • the establishment of branches and subsidiaries for distribution purposes (German law);
  • marketing consultancy agreements;
  • general terms and conditions of sale and general terms and conditions of procurement (German and English law);
  • market entry in Germany giving due regard to strategic priorities and the rules of international taxation; and
  • the creation of manufacturing capacity in Germany and in other countries of the Single Market.