A trade secret is any information used in one’s business that derives independent economic value from being kept secret. Unlike patents, trade secrets are protected indefinitely for as long as they remain a secret. In the...more
8/19/2021
/ Biden Administration ,
Competition ,
Computer Fraud and Abuse Act (CFAA) ,
Confidential Information ,
Defend Trade Secrets Act (DTSA) ,
Executive Orders ,
Intellectual Property Protection ,
Misappropriation ,
Pleading Standards ,
Proprietary Information ,
SCOTUS ,
Trade Secrets ,
Van Buren v United States
A trade secret is any information used in one's business that derives independent economic value from being kept secret. Unlike patents, trade secrets are protected indefinitely for as long as they remain a secret. In the...more
The Situation: The right of German works councils to co-determine matters relating to employee health and safety takes on added significance during the COVID-19 pandemic.
The Result: The works council's right of...more
The European Court of Justice ("ECJ") issued a landmark ruling in 2019 that obligated EU Member States to require employers to establish an objective, reliable, and accessible system for recording the hours worked each day by...more
A trade secret is any information used in one's business that derives independent economic value from being kept secret. Unlike patents, trade secrets are protected indefinitely for as long as they remain a secret. In the...more
8/12/2020
/ Burden of Proof ,
Competition ,
Computer Fraud and Abuse Act (CFAA) ,
Confidential Information ,
Corporate Counsel ,
Damages ,
Defend Trade Secrets Act (DTSA) ,
Evidence ,
Intellectual Property Protection ,
Misappropriation ,
Trade Secrets
The coronavirus (COVID-19) pandemic is a challenge for employers and employees. Companies must protect their employees' health and at the same time try to keep the business running. Not all companies can organize home-office...more
As the new year begins, it is a good time to look at key developments in German labor and employment law in 2019 and look ahead in 2020. With respect to 2019, corporate legal and human resources departments should be aware of...more
The Situation: The German Federal Labor Court had to decide on the question whether a seemingly fixed-term employment is actually an indefinite employment. Prior to the latest hire, the same employee was already employed for...more
The Background: In an effort to benefit from Brexit, Germany is looking at ways to attract financial institutions and reduce their fears of excessive employee termination protections in Germany.
The Situation: The German...more
Some employers like the concept that employees must repay a bonus if the employee is no longer employed as of a certain date. This may be permissible in Germany, but only under narrow circumstances.
On June 27, 2018, the...more
The German Federal Labor Court (Bundesarbeitsgericht) ("BAG") held, on August 14, 2018, that it is permissible for an employer to promise employees a premium if they refuse to participate in a strike.
The plaintiff in this...more
8/23/2018
/ Anti-Union Actions ,
Collective Bargaining ,
Employee Rights ,
Employees ,
Employment Contract ,
Germany ,
Industrial Action ,
Reinstatement ,
Right to Strike ,
Strike ,
Trade Unions ,
Unions
In this edition, we report from around Europe on some interesting case law developments that affect the way employers manage their employees. The range of issues covered shows that, despite the breadth of directives issued by...more
9/28/2017
/ Appeals ,
Collective Bargaining Agreements (CBA) ,
Commercial Bankruptcy ,
Corporate Counsel ,
Employee Representatives ,
Employee Rights ,
EU ,
European Commission ,
European Court of Justice (ECJ) ,
France ,
Gender-Based Pay Discrimination ,
Germany ,
Gig Economy ,
Hiring & Firing ,
Insolvency ,
International Labor Laws ,
Maternity Leave ,
Netherlands ,
New Legislation ,
Non-Compete Agreements ,
Paid Leave ,
Parental Leave ,
Pay Gap ,
Popular ,
President Macron ,
Sex Discrimination ,
Spain ,
Supreme Court of Spain ,
UK ,
Wage and Hour
On July 11, 2017, the German Federal Constitutional Court in essence rejected actions by certain smaller trade unions against a "tariff unity" law introduced almost exactly two years before. This is a major setback for trade...more
Almost parallel to the new Gender Pay Gap Regulations in the United Kingdom, Germany also implemented a new law targeting unequal pay of men and women. The Pay Transparency Act (Entgelttransparenzgesetz or "PTA") aims at...more
New rules have come into force concerning employees' rights to disconnect from digital devices outside normal working time. From 1 January 2017, all relevant employers must negotiate on the employees' right to have periods...more
3/22/2017
/ Annual Reports ,
Banks ,
Digital Communications ,
EU ,
France ,
Gender-Based Pay Discrimination ,
Germany ,
Hiring & Firing ,
International Litigation ,
Off-Duty Employees ,
Pay Gap ,
Payroll Records ,
Reporting Requirements ,
Right to Disconnect ,
Sanction Violations ,
UK
The New York State Department of Financial Services ("NYDFS") required Commerzbank to terminate the employment of a Germany-based employee on the basis that he played "a central role" in the breaching of US sanctions...more
3/21/2017
/ Audits ,
Banks ,
Economic Sanctions ,
Extraterritoriality Rules ,
Foreign Banks ,
Germany ,
Hiring & Firing ,
International Labor Laws ,
Labour Tribunal ,
NYDFS ,
Sanction Violations ,
Subsidiaries