News & Analysis as of

Germany

Germany Sides with Institutional Investors in Competition Debate

by Blank Rome LLP on

Action Item: The German Government recently weighed in on the side of institutional investors on a competition issue that has generated vigorous academic debate in the United States: whether institutional investors’ minority...more

Financial Regulatory Observer - September 2017: ECB holds sway in new banking order

by White & Case LLP on

A German lender tried and failed to remove itself from the clutches of ECB supervision – what does this mean for the wider banking sector? In May 2017 a small German state-owned bank lost its fight to escape the clutches...more

An English-Language Primer on Germany’s GDPR Implementation Statute: Part 1 of 5

by Alston & Bird on

Over the past year, the German government has been working on legislation to implement the EU’s General Data Protection Regulation (GDPR). On July 6, 2017, Germany did so by passing a statute titled the Data Protection...more

Termination of employment due to poor performance – a brief legal comparison

by Bryan Cave on

Bryan Cave's Scandinavian Desk advises numerous Scandinavian clients in Germany. This article highlights the similarities and differences between German and Swedish law regarding the termination of employment due to poor...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

So much for the quiet off-ramping for SoFi’s Mike Cagney. The fintech company’s board announced on Friday that Cagney is out immediately as CEO, not at the end of the year as Cagney had announced earlier in the week....more

German Government Expresses Reservations About Alleged Anti-Competitive Effects of Common Ownership

by Dentons on

In July 2017, the German Government released a statement on common ownership. The statement responds to a report by the German Monopolies Commission (an independent advisory body composed of experts which publishes regular...more

First Judgment on GDPR by German Administrative Court

by Reed Smith on

The General Data Protection Regulation (“GDPR”) will become applicable 25 May 2018. Even though the GDPR entered into force 24 May 2016, its provisions will be binding and enforceable only from 25 May 2018. In advance of the...more

New guidance to register as “privileged” domestic or foreign investment fund under German investment taxation law

by Dechert LLP on

Pursuant to the new German investment tax act (GITA) that will take effect of 1 January 2018, domestic and foreign resident investment funds may become subject to German corporate income tax with various German source income...more

UPC ratification process in Germany put on hold following constitutional complaint

by Allen & Overy LLP on

In March 2017, a constitutional complaint was filed against both the German bill for ratifying the UPC Agreement and the UPC Agreement itself with the German Federal Constitutional Court (“Bundesverfassungsgericht”). Many...more

Preview of Automated Vehicle Regulations in Germany

by Dechert LLP on

Germany’s Federal Ministry of Transport and Digital Infrastructure formally presented last week ethical guidelines that affirm that governments are focusing on similar themes in designing their regulatory approach to the...more

Decision of the German Constitutional Court on attorney-client privilege in internal investigations to be expected

by DLA Piper on

The current legislation and jurisprudence regarding information and documents derived from internal investigations is ambiguous. The German Constitutional Court now has to decide on the seizure of documents from an internal...more

European M&A Market Insights, Summer 2017

by Morrison & Foerster LLP on

Germany Strengthens Foreign Investment Control: New Rules to Thoroughly Screen Investments in Enlarged Number of Key Industries - Germany ends its longtime liberal approach to foreign investments by increasing its...more

New German Foreign Investment Rules Threaten Deal Timetables

by Latham & Watkins LLP on

The German government has tightened the rules for its review proceedings for M&A involving non-EU investors, with changes to its German Foreign Trade and Payments Ordinance (Außenwirtschaftsverordnung) that significantly...more

Blockchain for Business

by Jones Day on

As the interest in blockchain technology grows, companies will be confronted with numerous decisions, challenges, and legal issues pertaining to its adoption. Relevant matters include the overall design and control of...more

German Regulators Craft Guidelines Addressing the Ethical Issues Raised by Driverless Cars

by Foley & Lardner LLP on

As driverless cars prepare to enter the roadway, regulators are closely considering the implications of how software is programmed. When faced with an imminent risk of collision or injury, how will the software decide which...more

Till Steinvorth Discusses Landmark German Court Ruling on Compliance

Till Steinvorth, a member of Orrick’s Antitrust & Competition team in Düsseldorf, spoke with Global Investigations Review regarding a recent ruling from the German Federal Court of Justice on corporate fines. The court ruled...more

Germany Publishes English Version of its National GDPR Implementation Act

by Hogan Lovells on

The German Ministry of Interior affairs has published an English translation of the new Federal Data Protection Act (Bundesdatenschutzgesetz – BDSG). On 27 April 2017 the German Parliament passed the BDSG in order to make use...more

New Case Law on Upfront Fees in German Loan Agreements

by Shearman & Sterling LLP on

On 4 July 2017, the German Federal Court of Justice (BGH)—in two separate cases—held that pre-formulated agreements on work fees that are payable independent from the term of the underlying loan and agreed between a financial...more

The German Transparency Register is coming: New obligations for legal entities in Germany to disclose beneficial ownership...

by Dechert LLP on

Highlights - - Implementation of a public Transparency Register on beneficial ownership of legal entities. - Notification obligation applies to incorporated companies and certain other legal entities and arrangements;...more

UPC Scenarios Course: Case Studies on the New Unified Patent Court - Munich, 20 October 2017

by Hogan Lovells on

This Autumn, the Forum Institut is holding a practical seminar entitled "UPC Scenarios: Case Studies on the New Unified Patent Court" in Munich, Germany....more

German Auto Antitrust Cartel – A Record Enforcement Action Begins

by Michael Volkov on

Just when you thought it could not get any worse, events remind us that things actually can get worse. Volkswagen suffered through a horrible scandal involving an elaborate scheme to circumvent emissions regulations. The...more

The enforcement of standard essential patents in Germany – a stocktaking

by DLA Piper on

In July 2015, the European Court of Justice (CJEU) issued a long-awaited judgment answering questions as to the requirements an owner of a standard essential patent (SEP) is able to enforce its SEP without a breach of...more

Significant Changes in German Competition Law

by Bryan Cave on

On June 9, 2017, the 9th amendment of the German Act against Restraints of the Competition (GWB) came into effect. The most significant changes affect the liability for cartel fines, the application of merger control and the...more

Germany: Employee Monitoring by Keylogger Permitted Only in Exceptional Cases

According to a recent decision of the German Federal Labor Court (Bundesarbeitsgericht – BAG), the use of a keylogger software, which records all keyboard entries on a workplace computer for covert monitoring and control of...more

Germany: Federal Network Agency imposes record fine for cold call advertising

by Hogan Lovells on

The German Federal Network Agency for Energy, Telecommunications, Post and Railway, has issued a record fine of €300,000 against an electricity supplier for systematic cold call advertising....more

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