JD Supra Germany

JD Supra
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Latest documents

  • The Technology, Media and Telecommunications Review, 13th Edition - Germany

    This 13th edition of The Technology, Media and Telecommunications Review provides updated overviews of legal and policy constructs and developments in the TMT arena across 18 jurisdictions around the world. As in years past, our goal with this publication is to provide a practical, business-focused survey of these issues, along with insights into how regulatory activity in this arena continues to evolve. Policymakers in 2022 have continued to grapple with the impact of the covid-19 pandemic, which has focussed greater attention on the need for ubiquitous broadband internet connectivity and has hastened efforts to make broadband services more widely available. The height of the pandemic saw a significant rise in remote working, distance learning, tele-health visits, and similar broadband-enabled activities. And while more businesses and schools are now returning to an in-person environment, it remains the case that work, education, and other aspects of our daily lives are more reliant on broadband connectivity today than before the pandemic. Originally published by Law Business Research Ltd - December 2022. Please see full Chapter below for more information.

  • Takeover Monitor: Current German Public Tender Offers | Issue 5

    The Morgan Lewis Takeover Monitor documents public tender ofers in Germany for Morgan Lewis clients and interested persons. This issue covers published and announced current offers as of November 23, 2022. PUBLIC TENDER OFFERS UNDER THE GERMAN SECURITIES ACQUISITION AND TAKEOVER ACT (WpÜG): OFFERS, RESULTS, AND ANALYSES CURRENT OFFERS The current offers aim at a delisting of the respective target companies, regardless of whether that may be a subsequent project envisaged at a later time, such as in the context of the takeover ofer to the shareholders of home24 SE, or whether the delisting is directly connected with the completion of the ofer proceeding, such as in the context of the delisting self-tender offer of a.a.a. aktiengesellschaft allgemeine anlageverwaltung or the delisting tender offer to the shareholders of GSW Immobilien AG. Please see full Publication below for more information.

  • OLNS#10: University Entrepreneurship & Spin-offs in Germany – Set-up / IP / Financing and Much More

    In substantially all the major world markets, we have dedicated technology lawyers who support young German technology companies on their growth trajectory through all stages. As one of the top tech law firms in the world, we are particularly committed to bringing the American and German entrepreneurship ecosystems closer together. For this purpose, we have launched the Orrick Legal Ninja Series (OLNS) back in 2019. With this series, we will provide overviews on current legal trends and take deeper dives on certain legal topics particularly relevant for start-ups and their investors. Please see full Publication below for more information.

  • New draft 11th Amendment to the German Competition Act

    The German Federal Ministry of Economics and Climate Action (BMWK) has proposed a small, but almost revolutionary 11th amendment of the German Act Against Restraints of Competition. It is expected to come into effect in early 2023. The proposed reform would bring about three key changes...

  • German Draft Competition Law Amendment Includes Far Reaching Remedial Powers Absent Actual Infringements

    Under the draft law, the FCO could impose behavioural and structural remedies following a sector inquiry without finding an infringement of German or EU competition law. The German Federal Ministry for Economic Affairs and Climate Action (Bundeswirtschaftsministerium (BMWK)) has published a draft law that would grant the Federal Cartel Office (FCO) broad and unprecedented powers to remedy perceived “disruptions” of competition (including divestiture orders). Separately, the proposal would substantially facilitate the disgorgement of revenues affected by a competition infringement and private actions for violations of the EU Digital Markets Act (DMA). Please see full Alert below for more information.

  • 3 months to go: Are you ready for the German Supply Chain Due Diligence Act?

    On 1 January 2023, the German Supply Chain Due Diligence Act will enter into force. In a first step, all companies which have a specific nexus to Germany and normally employ 3,000 people or more will have to comply with newly imposed due diligence obligations aimed at minimising the risk of infringements of human rights and environmental standards. Suppliers to such companies are already being asked to comply with similar obligations irrespective of whether the law currently applies to the suppliers themselves. In any case, the law will also become directly applicable to German companies normally employing 1,000 people or more as of 1 January 2024. Please see Publication below for more information.

  • Clean Teams in M&A Transactions

    Competition authorities across the globe are increasingly enforcing procedural merger control rules monitoring the exchange of competitively sensitive information. This turns the spotlight on the use of clean teams in M&A transactions. Although the clean team concept is well established and now, for the first time, mentioned in the draft revised Horizontal Guidelines of the European Commission, key questions – eg, who is allowed to be a member, what information is clean-team only – are still subject to discussion. This bulletin provides guidance on the most pressing issues. Please see Publication below for more information.

  • Pharmaceutical Antitrust

    Our Hamburg-based German antitrust team has contributed a chapter on Germany to Lexology Get The Deal Through’s global report on Pharmaceutical Antitrust. In their contribution, they provide guidance on the regulatory framework, merger control aspects and potential enforcement risks with regard to anticompetitive agreements as well as anticompetitive unilateral conduct for those active in the German pharmaceutical sector. Please see full Publication below for more information.

  • The New European Approach to Calculating Fines for Data Protection Breaches - Will it be More Predictable and Consistent?

    On May 12, 2022, the European Data Protection Board (EDPB) published its long-awaited Guidelines 04/2022 on the calculation of fines under the General Data Protection Regulation (GDPR). After many data protection authorities only cautiously approached fining data protection violations immediately after the introduction of the GDPR, sanctioning has clearly picked up speed in the past year and resulted in total fines of approximately 1.5 billion euros. Please see full Publication below for more information.

  • Environmental Law in Germany - Our Expertise

    Environmental law covers a range of legal areas which are often of crucial importance for investment projects in approval procedures under emissions control law and sectoral planning law or in other legal fields. The main elements of environmental law include emissions control law, water law, soil conservation and contamination law, nature conservation law, mining law and nuclear law. Reliable, competent legal advice for these complex matters is indispensable and pays dividends. With our expertise built up over many years, we can provide you with the necessary support. Please see full Publication below for more information.

Featured documents

  • BaFin Report Provides Guidance on Application of New Regulation on PIBs

    On December 5, 2011, the German Financial Supervisory Authority (BaFin) issued a report on the results of its analysis of 120–130 product information sheets. The report provides valuable guidance regarding the necessary and permissible content of the product information sheets. The Act to...

  • The German Implementing Act for the AIFM Directive: A Critical Survey of the Draft Bill

    In This Issue: - p1 Introduction - p3 Hedge Funds - p4 Private Equity Funds - p6 (Open-ended) Real Estate Funds - p7 Closed-ended Real Asset Funds (Closedended Mutual Fund AIFs, Special Investor Fund AIFs) - p8 Investment Limited Partnership (Pension Pooling) - p9 Investment...

  • Real Estate Transfer Tax Rates - February 2013

    This alert is intended to give an overview of the current real estate transfer tax rates and planned increases thereof in the various federal states of Germany. The information has been assembled with great care. However, no liability for the accuracy of any information provided is accepted and we...

  • Germany's Merger Control Reform: What's New (and What's Not)?

    A comprehensive reform of German antitrust law will take effect in the coming weeks. The reform package passed by the German parliament last week includes significant changes to the merger control regime....

  • LAG Niedersachen vs. Bundesarbeitsgericht: Streit um Sachgrundbefristung aufgrund gerichtlichen Vergleichs

    Das Landesarbeitsgericht Niedersachsen hat mit Urteil vom 05.11.2013 eine Grundsatzentscheidung zum Befristungsrecht getroffen. Darin vertritt das Gericht eine von der Rechtsprechung des Bundesarbeitsgerichts abweichende Rechtsansicht....

  • International Employment Law Developments

    In Germany, many companies have resorted to utilizing temp workers through a third-party agency instead of hiring their own personnel. Temp workers typically are leased from an agency that employs the temps and assigns them to the company (lessee). This staffing model has increasingly received...

  • "Alternative Transaction Structures: The 'New Normal' in Volatile German Capital Markets"

    During the past two years the European equity capital markets have shown clear signs of recovery. However, these markets continue to experience more volatility than before the global financial crisis. Virtually every market participant — corporations, private equity firms, institutional investors,...

  • German Court Rejects National Competition Authority Liability for Damages After Unlawful Prohibition of a Merger

    The Higher Regional Court in Düsseldorf yesterday dismissed an action for damages of €1.1 billion brought by GN Store Nord against the German Federal Cartel Office. The judgment sheds some light on the possibility for companies to claim damages in the context of an unlawful prohibition of a...

  • Europe’s Incubator Central

    Berlin is becoming the Continent’s top start-up destination - Jörg Meissner, a partner in Morrison & Foerster’s new Berlin office, had an eye-opening experience while visiting Silicon Valley to check out the start-up culture there....

  • Emerging Companies - Germany

    "INVEST" - Changes in the Government backed program for venture funding - Last year the German Government introduced a program to support venture seed and pre-seed investments into innovative start-ups from private investors. The basic idea was that private investors will get a 20% payback...

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