About ten years ago, the US law firm Morrison Foerster opened its first office in Germany – in Berlin. It started with 24 lawyers. The presence has grown considerably over time: the Potsdamer Platz location now employs 114 people, including 51 lawyers and 16 partners.

„Morrison Foerster sees itself as a transactional law firm, and considers itself to be the right size to realise the plans of the US firm in Germany,“ explains German Managing Partner Dirk Besse in an interview with Börsen-Zeitung. The firm focuses primarily on international business. „We have sufficient capacity to support several transactions at the same time – including everything that comes with it,“ says Besse, who also heads MoFo's European M&A practice.

„We consider ourselves to be bridge builders, and are bringing Silicon Valley to Germany,“ he explains. One current deal is advising the US electric car manufacturer Rivian on its joint venture with Volkswagen. „A very remarkable transaction, not only because of the large volume. It shows that the software being developed in Silicon Valley is also highly relevant for the traditional German economy, and can take it to new levels," he says.

The team aims to work at the highest level of excellence in the German market. "Otherwise you won't get the best minds,“ emphasises Besse. The size in Germany is modest, the team knows each other personally, and at the same time has the support of a global network to pitch for a mandate in California, for example.

As a law firm with a global presence, Morrison Foerster still has a focus on Japan. The firm's entry into that country dates back 40 years, and was motivated by the Japanese IT group Fujitsu. At the time, the company was involved in a patent dispute in the USA that threatened its existence. Fujitsu had instructed Morrison Foerster to represent the group in the case in the USA. A condition of the mandate was that MoFo would open an office in Tokyo for this very large project. „This has turned into a fantastic success story. Our clients include the Who's Who of the Japanese electrical and software industry. We are happy to assist these companies with cross-border transactions in Europe, China and the USA,“ says Besse.

One example of client work involving both Germany and Japan was the takeover of the Lübeck-based 3D printer manufacturer SLM Solutions by the camera manufacturer Nikon in 2022.

In addition to the transaction focus, according to Besse, Morrison Foerster has built up a very strong global litigation practice. For him, the two go hand in hand, because disputes generally increase during difficult M&A phases, and companies also need support with critical compliance issues. For example, a MoFo compliance team advised the supervisory board of Mercedes-Benz in connection with the diesel scandal.

In terms of strategic orientation, Morrison Foerster is also one of the strongest law firms globally in the field of IP and patents, and their enforcement and defence. „This could also be a useful addition in Germany if opportunities arise,“ signalled Besse.

In terms of turnover growth, the law firm is „on a record course“ with a recent turnover of 1.34 billion dollars and more than 1,000 lawyers worldwide. „We are also feeling this dynamic in Germany,“ says Besse, without giving any figures. In Europe, MoFo also has offices in Brussels and London.

The transaction expert expects a significant increase in M&A business in 2025. „Many companies will take advantage of opportunities,“ he is convinced. Some companies will endeavour to get behind the customs barriers announced by the new US President Donald Trump. However, the lawyer is not expecting a wave in this context. „There will also be companies that feel compelled to reduce their presence in the USA. Liberalised world trade has brought so many global benefits that it will not be stopped. Of course, there will be resistance from individual governments, but these are temporary phases. In general, global trade has steadily increased in recent decades. As a law firm, we want to play our part in this and we can identify with it well,“ says Besse, summarising the scenario.

Many countries have tightened investment controls, which makes cross-border transactions more difficult and complex. „We now have four lawyers in the firm who only deal with sanctions and investment control. They mainly advise global players on how they can structure cross-border transactions,“ says Besse. The global head of the National Security practice, John Smith, has relocated to the German office in Berlin because he considers Europe „to be a very interesting market in terms of transactions and one that will continue to develop“. The teams work together globally on this topic, as cross-border transactions usually have to go through numerous competition authorities. „It is a noticeable trend that investments from abroad are no longer fully welcome in many countries and are closely monitored. The USA is already taking the next step and is also controlling outbound transactions,“ explains Besse.

In the current year, investors have held off on transactions, or negotiated longer, due to the difficult economic situation in Germany. However, Besse remains confident, saying that "I still consider Germany to be an attractive location. This is due to its place within the coveted European Union. Germany will regain its attractiveness in the long term.“

However the lawyer warns of an exodus of innovative companies. „The start-up and technology scene has developed a strong preference for the USA. In the biotech sector, for example, start-ups are increasingly being founded in the American legal form in order to open themselves up to American investors. ‘Germany and Europe are missing out on opportunities here, which shouldn't be the case,“ he says.

„You have to create a biotope for young companies in which they can develop. You need thousands of growth companies, then the flagships will emerge on their own,' says Besse. He adds, "that way, not everything goes straight to the USA and is bought by the Magnificent 7. They keep a very close eye on what exciting software developments are happening in the world, and obtain the employees in a targeted manner via so-called acqui-hiring.’