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Real estate transactions across Europe

Real estate transactions across Europe

Real Estate owners, investors, Asset and Property Managers today have a global and European focus when it comes to real estate investments. Being confronted with different legal and tax systems a short practical overview can be helpful for those who are trying to find their way in the different European ... Read More »

German Exporters: How To Control US Product Liability Risk

German Exporters: How To Control US Product Liability Risk

We frequently hear about product liability lawsuits before US courts in the media, but only the most bizarre and drastic cases seem to make the headlines. These are cases in which, for instance, plaintiffs claim enormous amounts of damages compensation. What happened? A particularly interesting and recent case is the ... Read More »

Preliminary Injunctions in Patent Law

Preliminary Injunctions in Patent Law

Press reports on patent suits give the impression that only large international corporations are involved in patent litigation that seem to always amount to “patent wars” and go on for years. Patents can, however, also be enforced quickly, which then makes them an extremely effective tool against infringers. This can ... Read More »

Cost-stable construction due to risk management in major construction projects

Cost-stable construction due to risk management in major construction projects

The Elbphilharmonie in Hamburg, Stuttgart 21, the Berlin-Brandenburg Airport and the State Archive in Duisburg – just to mention a few major construction projects that made headlines. Major public sector construction projects are becoming increasingly expensive and taking longer to complete. The following article sheds light what has to be ... Read More »

Constructive support by the employer

Constructive support by the employer

High quality in the staff composition of the works council helps to ensure peace in the company, enabling a healthy development of the company. The Works Constitution Act (Betriebsverfassungsgesetz; BetrVG) provides for cooperation based on trust between the works council and the employer as one of its cornerstones. A trust-based ... Read More »

Company buyer liability in the event of continuation of the enterprise under the same name

Company buyer liability in the event of continuation of the enterprise under the same name

The liability based on the continuation of the company name by the company’s buyer is an often-overlooked particularity. Under German law this can have serious consequences for the purchaser. In a recent decision, the Higher Regional Court (Oberlandesgericht) of Hamm examined the question of whether the replacement of the first ... Read More »

The advisory board in family businesses

The advisory board in family businesses

An advisory board can make a valuable contribution to ensuring the quality and objectivity of business management. Approximately 60 percent of German family businesses have set up an advisory board. The Governance Code for Family Businesses (Governance Kodex für Familienunternehmen) recommends it. Why an advisory board? An advisory board is ... Read More »

Right of termination

Right of termination

According to the Federal Data Protection Act (German Bundesdatenschutzgesetz; BDSG), an operational data protection officer enjoys special protection against dismissal during his or her appointment and one year following the end of the appointment (§ 4f para. 3 sent. 5 and 6 BDSG). For the duration of the special protection ... Read More »

Reassignment

Reassignment

Company integration management is not a prerequisite for the reassignment of a night shift to an alternative shift The plaintiff employee works for the defendant as a machine operator. Between 1994 and 2005, he worked an alternative shift (early shift/late shift), and since then he has been working the night ... Read More »

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