K&L Gates LLP (JD Supra Germany)

57 results for K&L Gates LLP (JD Supra Germany)

  • Arbeitsrecht KOMPAKT: Employment Law in Insolvency Proceedings

    Currently, there is a lot of talk about applications for insolvency - one consequence of the pandemic. What does this actually mean for employers and employees? Commonly, neither management nor HR are prepared for such a scenario. In this episode, we provide a brief overview of key procedural steps and consequences from the perspective of HR management, which suddenly has to face new challenges...

  • Arbeitsrecht KOMPAKT: Measuring Working Time in Germany - Yes or No?

    German law generally does not include an obligation to fully measure employees’ working time. In a 2019 decision, the European Court of Justice (ECJ) demands working time measuring that is objective, reliable and accessible. The consequences of this decision are still controversial. In this episode, we look at possible implications for employers in Germany, especially in relation to employee...

  • Arbeitsrecht KOMPAKT: Tactics for Dismissal Protection Proceedings

    If an employer’s termination is deemed invalid in Germany, he will need to back-pay the remuneration since the presumed termination date. Considerable sums can accumulate in this regard. This risk is a key reason why many dismissal protection law suits end by way of settlement in practice. In this episode, we look at tactics employers can apply in order to limit this risk...

  • The Hydrogen Handbook - Germany

    Hydrogen—the smallest molecule, but one that holds the potential to be an energy superhero and play a significant role in reducing carbon emissions and slowing climate change. The H2 Handbook provides a comprehensive summary of the regulatory, commercial, and policy issues that we believe hydrogen will face on its path to becoming a global commodity and a significant part of the energy

  • Hydrogen Rising: From Concept to Market - H2 Advances in Germany

    In this episode, K&L Gates’ Berlin partner Annette Mutschler-Siebert and Hydrogen Rising co-host Sandi Safro discuss hydrogen developments in Germany, including the shift from the R&D phase to projects.

  • German Supervisory Authority Initiates Post-Schrems II Enforcement Against EU Companies Using U.S. Service Providers

    The Bavarian Data Protection Authority recently prohibited a European company from using U.S. newsletter provider Mailchimp in a first-of-its-kind decision. Since the Schrems II decision of the Court of Justice of the European Union (CJEU) last year, companies in the European Union found themselves between a rock and a hard place, as many still rely on U.S.-based online service providers in one...

  • Women's Quota on the Executive Board in Germany

    The Second Leadership Positions Act (FüPoG II) aims to further develop the regulations for the equal participation of women in leadership positions. In the private sector, this will introduce a mandatory quota of women on management boards of listed and equally co-determined companies consisting of at least four members, as well as an obligation to provide reasons for setting a target of zero at...

  • German Act on the Further Development of Restructuring and Insolvency Law (SanInsFoG)

    A comprehensive change to German insolvency and restructuring law has become effective starting 1 January 2021. The change allows that a company's reorganization is possible without insolvency and includes the majority decision of its creditors.

  • COVID-19: New COVID-19 Workplace Regulation for Employers in Germany Brings Home Office and Further Health and Safety Obligations

    Last year, the German Federal Ministry of Labor and Social Affairs (the Ministry) introduced specific health and safety regulations in the light of the pandemic. Today, the Ministry issued the new SARS-CoV-2 Occupational Health and Safety Regulation (COVID-19 Workplace Regulation), which will come into force on 27 January 2021. It refers to the regulations already in place, but it also clarifies...

  • Reform of the DAX, the German Blue Chip Stock Market Index

    Deutsche Börse will expand the DAX to 40 companies in September 2021. At the same time, the MDAX will be reduced from 60 medium-sized companies to 50 companies. Stricter admission criteria will also apply.

  • Hamburg Data Protection Supervisory Authority Issues Record-Breaking €35 Million Fine against H&M

    As announced by a press release dated 1 October 2020, the Hamburg Commissioner for Data Protection and Freedom of Information (HmbBfDI) has issued a fine of €35,258,707.95 (approx. US$41.2 million) against H&M Hennes & Mauritz Online Shop A.B. & Co KG, a Hamburg-based subsidiary of Swedish fashion and textile company H&M.

  • Germany's Highest Antitrust Court Published the Detailed Written Statement of Reasons of its Facebook-Decision -- With Consequences for the Entire Industry

    On 23 June 2020 the German Federal Court of Justice (Bundesgerichtshof, BGH) orally announced its decision in the interim proceedings initiated by Facebook against the prohibition and cessation orders of the German Federal Cartel Office (Bundeskartellamt, BKartA): the highest German antitrust court considered the data collection by Facebook (without sufficient user consent) as an abuse of a...

  • COVID-19: Measures Under the Economic Stabilization Fund Act and the Law on the BayernFonds to Mitigate the Economic Consequences of the COVID-19 Pandemic

    In order to mitigate the serious consequences of the COVID-19 pandemic for the entire real economy, which are already becoming apparent, the German Parliament (Bundestag) decided on 25 March 2020 to set up an Economic Stabilization Fund (“WSF”) in addition to other measures. The law (the Economic Stabilization Fund Act (“WStFG”)) passed the Federal Council of Germany (Bundesrat) on 27 March 2020,

  • COVID-19: Suspension of Obligations Under Loan Agreements in Germany

    Both the German federal government and various German federal states are pushing ahead with packages of measures to mitigate the as-yet-unforeseeable economic consequences of the COVID-19 pandemic. This client information is intended to provide you with an overview of the legislation passed to amend German law with respect to obligations under existing loan agreements.

  • COVID-19: Update to the Amendments of the German Insolvency Act

    Both the German federal government and various German federal states are pushing ahead with packages of measures to mitigate the as-yet-unforeseeable economic consequences of the COVID-19 pandemic. This client information is intended to provide you with an overview of new law in force with respect to German Insolvency Law.

  • COVID-19: Pandemic Legislation in Germany

    Both the German federal government and various German federal states are pushing ahead with packages of measures to mitigate the as-yet-unforeseeable economic consequences of the COVID-19 pandemic. This client information is intended to provide you with an overview of the measures currently planned and already in force, as well as a list of issues that should be considered when taking out any new

  • New Skilled Worker Immigration Act and Novelties for Labor Migration in Germany

    SUMMARY - In Germany, a new act relating to the immigration of skilled workers (Fachkräfteeinwanderungsgesetz) came into force on 1 March 2020. Due to the ongoing Covid-19 crisis, labour migration and the new act are currently not receiving a lot of attention. However, the new act will be very relevant once travel restrictions are scaled back.

  • COVID-19: Corona-Related Legal Issues in German Construction Law

    The current corona virus (COVID-19) situation raises many questions relating to German building law that cannot be answered with legal certainty due to a lack of case law. This article will show how the “corona crisis” affects the execution of construction works and which claims contractors can assert with regard to the obligation to complete the commissioned construction work on time.

  • COVID-19: Employment Policies and Fact Sheets for Companies in Germany

    The outbreak of novel coronavirus (“Coronavirus” or “COVID-19”) affects employment relationships in Germany. Employers are facing a number of issues on how to deal with the current situation and potentially upcoming scenarios.

  • COVID-19: Effects on Payment Obligations of Tenants in Germany

    Due to the COVID 19 pandemic (hereafter, “COVID-19”), the closure of numerous shops and other businesses has been ordered by the authorities. Other shops and businesses are suffering losses in sales, some of them severe. As a result, many tenants will find themselves in an economic predicament and will be unable to pay their rent, at least temporarily.

  • COVID-19: German Act to Mitigate the Consequences of the Pandemic

    On March 25, 2020, the German Bundestag passed the “Act on Mitigation of the Consequences of the COVID-19 Pandemic in Civil, Insolvency and Criminal Proceedings” (“Act”) as part of the so-called “Corona Package.” The Act passed the German Federal States’ Assembly (“Bundesrat”) in a special session on March 27, 2020, and came into force on the same day.

  • COVID-19: Bill to Enable Virtual Shareholder Meetings in Germany

    Restrictions on public gatherings currently prevent German public companies from holding their shareholder meetings. On 23 March, the German government published a draft bill amending German corporate law governing shareholder meetings.

  • COVID-19: Impact of German Containment Measures on Shareholder Meetings and Dividend Payment Dates

    In an effort to limit the spread of the novel coronavirus (COVID-19), restrictions on public gatherings have recently been enacted at both state and municipal levels in Germany. Those restrictions also affect shareholder meetings of public and private companies.

  • COVID-19 Employment Policies and Fact Sheets for Companies in Germany

    The outbreak of novel coronavirus (“Coronavirus” or “COVID-19”) affects employment relationships in Germany. Employers are facing a number of issues on how to deal with the current situation and potentially upcoming scenarios.

  • German Act on Tax Incentives for Research and Development (FZulG) in Force

    The German Act on Tax Incentives for Research and Development became effective 1 January 2020. Under this act, companies and entrepreneurs subject to income or corporation tax in Germany, may apply for subsidies of up to 25% of their R&D activities to a total maximum of EUR 500,000.

  • Beware Where to Sue: The Exclusive Forum May Catch You Again and Again

    Highest German Court Orders U.S. Party to Reimburse Its Contractual Partner’s Legal Fees for Having Brought an Action in U.S. Court - Choosing the right forum is one of the most difficult tasks in cross-border business and can trigger liability when paired with a choice of law clause electing such forum’s substantive laws.

  • New Employer Obligations to Ensure Forfeiture of Unused Vacation Entitlements in Germany

    SUMMARY - In Max-Planck-Gesellschaft zur Förderung der Wissenschaften eV v Tetsuji Shimizu (C-684/16), the European Court of Justice (the ECJ) decided that the provisions of the EU Working Time Directive (the Directive) and the Charter of Fundamental Rights of the European Union (the Charter) on minimum vacation entitlements allow for an automatic forfeiture of vacation entitlements in...

  • German Court Decision: Narrow Best-Price Clauses Between Platforms and Hotels are Permissible Under Antitrust Rules

    With its judgment of 4 June 2019 on best-price clauses, the Düsseldorf Higher Regional Court (Oberlandesgericht, “OLG”) annulled the deviating decision of the German Federal Cartel Office (Bundeskartellamt, “FCO”).

  • News Alert FTAPO

    A. From Toothless Tiger to Apex Predator? An Overview of the Effects of the German Investment Control in Accordance with the Foreign Trade and Payments Ordinance - (Außenwirtschaftsverordnung) - Kuka, Aixtron, and Osram Licht (Ledvance) — all well-known examples of successful or last-minute prevented takeovers of German companies by Chinese investors.

  • Cross-border Investigations: When Are Documents Developed in the Course of an Internal Investigation Protected by Legal Privilege?

    Introduction - A recent decision by Germany’s Federal Constitutional Court (Bundesverfassungsgericht) (“FCC”) has renewed important questions with respect to legal privilege, its varied conceptual and practical scopes and application in different jurisdictions, and the implications of these differences for multi-jurisdictional internal investigations.

  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT