McDermott Will & Emery (LexBlog Germany)

On May 5, 2020, an oral hearing in Germany’s most recent landmark case on standard-essential patents (SEPs) and fair, reasonable and non-discriminatory (FRAND) licensing (Sisvel v. Haier, docket no. KZR 36/17) took place before the German Federal Court of Justice (FCJ). Key takeaways from the oral hearing According to the provisional view of the FCJ,...

In response to the COVID-19 pandemic, Germany has introduced special occupational safety measures to protect the health of employees, restore economic activity and interrupt the chains of infection. On April 16, 2020, Federal Minister of Labour and Social Affairs (Bundesminister für Arbeit und Soziales) Hubertus Heil and the CEO of the German statutory accident insurance...

On May 25, 2016, the German Federal Labor Court confirmed a decision of the State Labor Court Berlin-Brandenburg (reference number: 5 AZR 135/16) regarding the statutory minimum wage in Germany.  The German Federal Labor court confirmed that, under certain conditions, vacation and Christmas bonuses may also be considered when determining if an employer pays his...

On 6 March 2015, the German Bundestag passes a law (the Frauenquote) that aims to ensure the equal participation of women and men in the management of business and public office. The Frauenquote entered into force on 1 May 2015. The new regulation, although commonly referred to as a “women’s quota” is legally constructed to ensure that both genders...

McDermott Will & Emery recently published its latest issue of International News, which covers a range of legal developments of interest to those operating internationally. This issue focuses on Private Equity. Read the full issue. Focus on Private Equity The Impact of Regulatory Changes on Private Equity Firms Taking Advantage of the Consequences of Delisting...

In a February 16, 2015, decision from the Regional Court of Frankfurt a. M. (ref.: 3-16 O 1/14), the court determined that employees working outside of Germany have to be taken into account when determining whether or not the statutory thresholds that trigger corporate co-determination in Germany are met. In this case, a new shareholder...

The German federal government has recently approved a bill that might substantially change the way consumer privacy rights are enforced throughout the country. The bill aims to give consumer protection and similar organizations standing to bring an action for injunctive relief against commercial suppliers of goods or services that unlawfully collect or process personal consumer...

Last Friday, foreign cargo carriers filed motions to dismiss an air freight price-fixing suit brought by Schenker AG, the logistics division of Germany’s national railway company, Deutsche Bahn, in the Eastern District of New York.  Schenker AG v. Societe Air France, et al., case number 1:14-cv-04711.  In its complaint filed last August, Schenker alleged that...

No poaching agreements between leading companies in the IT sector have recently caused a substantial scandal in Silicon Valley, California, resulting in tech industry businesses settling a major lawsuit by paying a reported US$324 million.  Such agreements can be found all over the world; but are they enforceable in Germany? Read the full article.

On 5 November 2014, Peter Hustinx, the European Data Protection Supervisor (EDPS), together with Germany’s Federal Data Protection Commissioner, Andrea Voβhoff, held a panel discussion in respect of the state of play and perspectives on EU data protection reform. Although participants identified a number of key outstanding issues to be resolved prior to the conclusion...

The German Federal Labor Court made a very clear ruling regarding job applicants in Germany who are not offered the position for which such applicants applied.  In the Federal Labor Court’s view, a rejected applicant has no right to know whether another applicant was offered or accepted the position.  (Federal Labor Court, verdict dated April 25,...

If a German employee claims special payment for overtime he has performed, it is the employee who has the burden of proof regarding the following requirements: the fact that he actually worked overtime; and the fact that the employer explicitly ordered to work overtime or at least has approved or tolerated the performed overtime. In...

German data protection authorities published new guidelines in December 2013 about the collection and processing of personal data for advertising purposes.  The 2013 advertising guidelines (available here in German) supplement another set of advertising guidelines published in October 2012 (available here in German). Together, the 2012 and 2013 guidelines help to clarify how German data...

Corporate Deal Source is pleased to present the first of many blog posts with an international flavor.  Today’s post discusses a German Supreme Court decision that recently altered the fiduciary duty landscape for a GmbH (i.e., a German limited liability company).  Dr. Clemens Just summarizes briefly below how the German Supreme Court came to the...

Focused on companies doing business in Germany, we are please to share McDermott has launched, The McDermott Blog ArbeitsRecht* (McDermott Employment Law Blog).  The blog provides insights and important updates on individual as well as collective German labor law issues.  It gives practical advice on how to deal with works councils and updates on legislative...

by Volker Teigelkötter and  Bettina Holzberger In 2009, the German public was shaken by several scandals that revealed a number of international companies systematically, continuously and comprehensively monitored their employees’ personal data.  This included spying on employees’ private bank accounts and secretly observing employees in their offices via hidden video surveillance. Even though...

by Martina Maier, Philipp Werner and Robert Bäuerle On 18 October, the German Federal Parliament (Bundestag) adopted several changes to German competition law.  The new legislation still has to be passed by the second chamber of the German parliament (Bundesrat) but the changes are expected to come into force on 1 January 2013.  Overall, the...

by David Henry, Martina Maier and Philipp Werner In the wake of the seminal European Court of Justice (ECJ) ruling in case C-360/09 – Pfleiderer AG v Bundeskartellamt, Amtsgericht Bonn (Bonn local court), in a decision rendered on 18 January 2012 (case 51 Gs 53/09), has refused to give a damages claimant access to leniency...

by Martina Maier and Philipp Werner On Tuesday, June 28, 2011, the German supreme court (Bundesgerichtshof-BGH) has clarified two important questions concerning cartel damages actions in Germany. First, indirect purchasers as well as direct purchasers are entitled to seek damages from cartel members. Second, cartel members can use the “passing-on” defence and argue that their...

by Martina Maier, Philipp Werner and David Henry The European Court of Justice (ECJ) ruling of 14 June 2011 followed a case that originated in Germany.  Pfleiderer, a firm in the wood industry, was considering a damages claim against members of a paper cartel.  It sought access to the cartel files held by the German...

by Stefan M. Meisner Yesterday, the U.S. Department of Justice announced that CPTN Holdings, LLC,  a joint venture owned equally by Microsoft Corp., Apple, Inc. , Oracle Corp., and EMC Corp,  has agreed to modify its agreement to acquire certain patents from Novell, Inc. in order to allay antitrust concerns raised by the transaction.  The...