Oppenhoff has obtained an interim injunction on behalf of its client mi.to pharm against the Luxembourg-based Amazon Services Europe S.à r.l. before the Regional Court of Hanover on grounds of an abuse of a market-dominating position.
Employment Law20.08.2021 Newsletter
As of today, wearing a mask at the workplace indoors can be waived in NRW - under certain conditions. The new federal-state resolutions of 10 August 2021 do not contain any concrete regulations in this regard. NRW was the first federal state to relax the obligation to wear a mask. It remains to be seen whether other federal states will follow suit.
Oppenhoff has been nominated for the "Law Firm of the Year" Award by the renowned industry publisher JU-VE. It has also been nominated in the categories Compliance and Media & Technology.
Employment Law / Banking and Capital Markets Law, Financing / European State Aid Law / Compliance / Corporate Law / Real Estate Law / Insolvency and Restructuring / IT Law and Data Protection / Antitrust Law and Merger Control / Mergers & Acquisitions / Tax Law / Public Procurement Law18.08.2021 Newsletter
The Corona crisis raises numerous legal questions. Our experts can answer them - and everyone is available to you. Below you will find important information, dates and consulting topics.
Employment Law13.08.2021 Newsletter
Status determination proceedings aim to provide legal certainty as to whether someone is self-employed or employed. This is primarily of relevance for the social security obligation. The wish for a reform of status determination proceedings according to § 7a German Social Code Book IV [Sozialgesetzbuch IV - SGB IV] has existed for some time. There was a need for more legal certainty and transparency, and a less lengthy procedure. The Bundestag had - largely unnoticed by the public - passed a corresponding bill on 20 May 2021. The changes are due to come into force on 1 April 2022. Jennifer Bold and Jörn Kuhn explain what changes we can expect and why parts of the reform have to be viewed critically.
Employment Law12.08.2021 Newsletter
The Minister Presidents’ Conference [Ministerpräsidentenkonferenz] met on 10 August 2021. From 11 October 2021 onwards, free corona tests will no longer be offered to citizens. Companies have been urged to support vaccination. Our partner Jörn Kuhn explains what to look out for when vaccinating in the workplace environment and briefly highlights the key employment law points of yesterday's resolution.
InsuranceCorporate Law / Mergers & Acquisitions / IT Law and Data Protection / Employment Law / Real Estate Law / Banking and Capital Markets Law, Financing / Intellectual Property Law / Antitrust Law and Merger Control10.08.2021Cologne News
Oppenhoff has advised VHV Holding AG on the acquisition of InterEurope AG from the private equity fund Elvaston Capital. InterEurope AG continues to exist as an independent enterprise within the VHV Group at the company’s headquarters in Düsseldorf. The parties agreed not to disclose the purchase price.
Employment Law05.08.2021 Newsletter
The holiday season is in full swing and in the first federal states the summer school holidays are already drawing to a close. Many have ventured abroad for the first time in a year and a half - getting out and about at last!" However, in view of rising infection rates, quarantine could become necessary - perhaps taking holidaymakers by surprise. We provide an overview of things to be considered when employees return from holiday.
Automotive and Mobility05.08.2021 Newsletter
Increasing networking and automation in road traffic, large volumes of vehicle data: in this highly dynamic environment, new "data-driven" areas of business for innovative mobility services are currently emerging. Via interfaces, modern vehicles allow communication with other devices in the "Internet of Things" and often enable data collected in the car to be accessed by more than just the car manufacturers.
Dispute Resolution – Litigation – Arbitration Proceedings16.07.2021 Publication
Dr. Vanessa Pickenpack and Dr. Anna-Gesine Zimmermann have been interviewed on current topics of dispute resolution for this year’s issue of Lexology GTDT: Market Intelligence.
The German Federal Labour Court [Bundesarbeitsgericht - BAG] has recently commented on the prerequisites and limits of the reimbursement obligation in case of compliance measures.
Oppenhoff has elected Lisa Schmitt to junior partner with effect from 1 July 2021.
Travel has long since ceased to be the sole preserve of people, goods and commodities. Data are also being sent off on their “travels” from A to B. The pandemic has caused passenger travel to be subject to numerous new regulations. New EU standard contractual clauses are also bringing reforms for the "travel" of data to third countries. We are introducing you to the most important new features and simultaneously providing you with the appropriate tool to easily compile the appropriate clauses.
On 25 June 2021, the German Supply Chain Due Diligence Act [Lieferkettensorgfaltspflichtengesetz – LkSG], better known by the less unwieldy term "Supply Chain Act", was also approved by the Bundesrat. Thus, as of 1 January 2023, initially companies with their registered office or a branch office in Germany and over 3,000 domestic employees will be obliged to observe human rights and environmental due diligence obligations in their supply chains in an appropriate manner. From 1 January 2024 onwards, the obligation also extends to companies with over 1,000 employees.
The Transparency Register is becoming a full register. This results in new notification obligations for many companies - registration in another public register is now no longer sufficient to also fulfil the notification obligations to the Transparency Register. At the same time, many other privileges are being abolished, for example for listed stock corporations or for share deals. Affected companies should review their notification obligations in the near future. If there is no beneficial owner, the legal representatives have to be entered (fictitious beneficial owners).
Automotive and Mobility06.07.2021 Newsletter
Driverless vehicles on the road - in regulatory terms, the German legislators are clearing the way. The pending Act is an interim solution that is not convincing on all points. The goal is to achieve an international legal framework. Our expert Dr. Angela Busche ex-plains the new regulations and points out the omissions.
Retail and Consumer Goods06.07.2021 Newsletter
Far-reaching changes to the German Civil Code will come into force on 1 January. Companies in the retail and consumer goods sectors in particular will be affected by this. Just under six months are left before their implementation. Additionally, all (in-house) lawyers should familiarise them-selves with the new definition of defects in sales law. Patrick Vapore and Jörn Kuhn have sum-marised the main changes.
Succession, Wealth and Foundations02.07.2021 Newsletter
The reform of foundations law is on its way: at last, there is going to be a uniform German law on foundations and several legal uncertainties that have existed to date will be eliminated. However, a central Foundations Register is also going to be introduced, which will bring this hitherto very non-transparent legal form much more into the public eye - this has both advantages and disadvantages. Founders and the executive bodies of foundations should use the time available until the law takes effect to check whether they need to act. Our experts have summarised the most important changes for you in our newsletter.
It looks like the prayers of compliance officers, legal departments and managing directors have finally been heard: Within the scope of this year's amendment of German antitrust law (Gesetz gegen Wettbewerbsbeschränkungen - GWB), the legislator has expressly stipulated for the first time in the new § 81d (1) No. 4 GWB that already existing compliance systems can be taken into consideration when determining fines with the effect of reducing sanctions. Outside of antitrust law, however, legal offenders are denied the consideration of preventive compliance measures (for the time being), now that the Coalition buried the German Corporate Sanctions Act (Ver-bandssanktionengesetz - VerSanG) this summer.
Employment Law01.07.2021 Newsletter
On 1 July 2021 an amendment to the SARS-CoV-2 Occupational Health and Safety Ordinance [SARS-CoV-2-Arbeitsschutzverordnung] came into force, which allows more freedom whilst still containing clear requirements. With the end of the obligation to work from the home office, companies face the increasing risk that employees will establish a permanent individual claim to home office work if they continue to work from home. Our partner Jörn Kuhn has compiled an overview of the current framework conditions under occupational health and safety law and of home office situations.
Employment Law29.06.2021 Newsletter
The pandemic is currently losing some of its momentum in our day-to-day social and business life due to the progressing vaccination programme and seasonal peculiarities. However, with the usual delay, individual and collective law issues in connection with the pandemic are now increasingly the subject of labour court decisions
Corporate Law29.06.2021 Newsletter
The German Act to Modernise the Law on Partnerships (MoPeG) - long overdue and in planning for over a year. It was established at the end of last week: the new regulations will enter into force on 1 January 2024. The new Act extensively adapts the legislative text to the state of the art in case law and contractual practice. A need for action nevertheless exists, especially for civil law partnerships (Gesellschaft bürgerlichen Rechts - GbR), but also for general partnerships (Offene Handelsgesellschaft - OHG) and limited partnerships (Kommanditgesellschaft - KG).
38 lawyers of the leading commercial law firm Oppenhoff have been distinguished as Best Lawyers in Germany 2022. The ranking is based on a peer-group procedure in which recommendations are made by colleagues from other law firms.
As the number of vaccinations increases and the number of infections continues to decrease, it is time to come to terms with the crisis and structure New Work. Risks that were previously accepted may now no longer be acceptable. Companies suspect that problems exist. This has been shown by a survey by Deloitte ("The future of compliance 2020 - higher risk of future violations"). However, the risks expected according to the study do not cover all of the actual compliance risks. This article offers a first interdisciplinary overview of the compliance risks triggered by the pandemic and increasing digitisation, especially through the home office and the like. The risks necessitate an adjustment of existing compliance management systems.
Employment Law11.06.2021 Newsletter
Despite falling infection rates and progressive vaccination, many companies are still heavily burdened by pandemic-related restriction measures. On 9 June 2021, the Federal Cabinet therefore adopted the Third Ordinance Amending the Short-Time Work Benefit Ordinance to extend the facilitated access to short-time work benefit and full reimbursement of social security contributions until 30 September 2021. At the same time, the Cabinet approved the extension of Bridging Aid III until the end of September 2021 as well as a restart premium for companies.