Nicole Boehler, a US litigator based in Germany, is the managing partner of our Boblingen office and regularly bridges the divide between the expectations of her German clients and the realities of the US legal system. Her product liability and class action defense practice – which spans a wide range of globally marketed products, including motor vehicles, aircraft, power tools and machinery – has imbued her with a keen appreciation of the significant differences between the two systems, along with an ability to communicate those differences in language all parties understand.

Fluent in English and German, Nicole also possesses a firm understanding of engineering and electronic discovery speak, two mainstays of her practice. Her technical grasp of both the products and business goals of her clients gives her the ability to communicate effectively. At the same time, her in-depth knowledge of the rules of US discovery and eDiscovery – which are often alien to her German clients – proves invaluable when those clients are compelled to produce discoverable materials for US courts.

Nicole also helps clients avoid litigation by setting up and managing international litigation coordination programs so as to minimize regulatory and safety-related liability risks, both civil and criminal. In addition, she advises international clients on entity formation and contracts from a risk management perspective.

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  • Obtaining defense verdict and highest award of costs to defendants in a Greek civil action sounding in products liability for a US OEM.
  • Negotiating settlement of approximately 80 cents on the US dollar for a Tier 2 supplier to a US OEM in Chapter 11 proceedings.
  • Regularly works with German companies to prepare witnesses for first-ever testimony in US depositions and trial – both as company representative and expert witness.
  • Serving as German counsel for a leading manufacturer of agriculture, construction, surface mining, tree car, organic recycling and wood waste processing equipment.

Education

  • University of Hamburg, European Master in Law and Economics, cum laude, 2000
  • George Washington University, J.D., 1999
  • University of Illinois, B.A., cum laude, 1996

Admissions

  • Germany, registered as a foreign lawyer, 2002
  • District of Columbia, 2001
  • Virginia, 1999

Courts

  • U.S. Ct. of App., Fourth Circuit
  • U.S. Dist. Ct., E. Dist. of Virginia
  • U.S. Dist. Ct., W. Dist. of Virginia

Memberships and Affiliations

  • American Bar Association
  • Defense Research Institute

Languages

  • English
  • German

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Speaking Engagements

  • Presenter, “The Interplay between EU Data Protection and US Discovery,” ABA Cross-Border Discovery Institute, Munich, Germany, July 26-27, 2017.
  • Moderator, “Corporate Culture: Lessons Learned From Recent Compliance Failures,” 2017 Roundtable for General Counsel In the Chemical and Performance Materials Industry, Washington DC, April 6, 2017.
  • Presenter, “Risiko behördlicher Ermittlungen in den USA: Inhouse-Vorbereitung und richtiger Umgang mit US-Behörden“, Bundesverbandes der Unternehmensjuristen, Munich, Germany, October 11-12, 2016.
  • Presenter, “Briefing for their members on the impact of Brexit,” Motorsport Industry Association, London, UK, September 28, 2016.
  • Presenter, “Brexit and the Automotive sector,” British Plastics Federation, Worcester, UK, September 27, 2016.
  • Panelist, “Rule 37(e) on E­Discovery: An Update LIVE Webcast,” The Knowledge Group, March 17, 2015.
  • Presenter, “US eDiscovery in Germany; International eDiscovery: Have Data, Will Travel. Not from THIS Country,” The Knowledge Congress Webcast Series, December 11, 2012.
  • Presenter, “US eDiscovery in Deutschland: Im Spannungsfeld zwischen der US Rechtsprechung und dem deutschen Datenschutz,” 6. Jahresforum E-Discovery 2012, IQPC, October 22-23, 2012.
  • Presenter, “The Practical Application of Law & Economics: In re Aqua Dots Product Liability Litigation,” EMLE Midterm Meeting held at Universiteit Ghent, Belgium, February 10, 2012.
  • Presenter, “Law & Economics in Practice,” EMLE Midterm Meeting held at Erasmus Universiteit Rotterdam, Netherlands, February 11, 2011.
  • Co­presenter, “Framing the Issues in International E­Discovery,” Brighttalk Webcast, February 26, 2009.
  • Featured presenter, “Instructing E­Discovery, Corporate Strategies,” Internal & Regulatory Investigations Conference held by Marcus Evans, Berlin, Germany, September 11-12, 2008.
  • Featured presenter, “The Practical Application of the Litigation Hold, Discovery & Document Management Strategies,” Conference held by Marcus Evans, London, UK, January 15, 2008.
  • Presenter, “International Electronic Discovery: The Reluctant Employee Dilemma,” The Challenges of Managing Global Litigations Conference held at Lovells by the British Institute of International & Comparative Law’s Product Liability Forum, London, UK, June 7, 2007.

Publications

  • Co-author, with Gretchen Ramos, “Whither Safe Harbor?” For the Defense, DRI, April 2014.
  • Author, “International Electronic Discovery,” The International Comparative Legal Guide to Product Liability 2012, Global Legal Group (UK), May 2012.
  • Author, “International Electronic Discovery,” The International Comparative Legal Guide to Product Liability 2011, Global Legal Group (UK), May 2011.
  • Author, “International Electronic Discovery,” The International Comparative Legal Guide to Product Liability 2010, Global Legal Group (UK), June 2010.
  • Co-author, with Marla Weston, “Europeans Aren’t ‘Over’ Data Privacy: Bridging the Data Protection Gulf Between the EU and the U.S.,” Defense Research Institute E-Discovery Connection, 2009.
  • Author, “International Electronic Discovery,” The International Comparative Legal Guide to Product Liability 2009, Global Legal Group (UK), June 2009.
  • Co-author, “International Electronic Discovery,” The International Comparative Legal Guide to Product Liability 2007, Global Legal Group (UK), June 2007.
  • Co-author, “International Electronic Discovery,” The International Comparative Legal Guide to: Product Liability 2006, Global Legal Group (UK), June 2006.
  • Co-author, “Event Data Recorders in Real World Litigation: Courtroom Use of a State-of-the­Art Technology,” Submission to the European Union VERONICA Project, August 2005.
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