News-Archive

Pandemics, wars and climate change lead to supply bottlenecks and shortages of raw materials. This also raises many legal questions regarding the drafting of contracts: Who bears the risk for goods that have already been sold if an upstream supplier cannot or will not deliver? Can the seller contractually adjust his obligation to deliver or his liability for damages vis-à-vis the buyer? How should he actually structure the contract with his supplier?

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Oppenhoff has again comprehensively advised the EIC Fund on its investments in Germany. The fund invested in the biotech start-up iThera Medical and the electro mobility start-up Onomotion.

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Oppenhoff advised Mesterheide Rockel Hirz Trowe AG Holding, the holding company of a leading industrial insurance broker in Germany, on the acquisition of Lurse AG. The sellers Matthias Edelmann and Birgit Horak will both join the group of shareholders of MRH Trowe-Group. Matthias Edelmann will also serve as a member of the management board of Mesterheide Rockel Hirz Trowe AG Holding.

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Cost increases, sales slumps, lack of liquidity: these days, companies are facing major challenges. When a company runs into difficulties, it needs experienced people who have knowledge of such situations and are able to support or even assume the management. To this end, companies are increasingly using the services of Chief Restructuring Officers (CROs) again. We explain what tasks the CRO typically takes on and what points need to be considered for this position from a legal perspective.

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On Wednesday 11 January 2023, the European Commission's Delegated Regulation (EU) 2023/66 of 21 October 2022, updating the list of dual-use items contained in Annex I to Regula-tion (EU) 2021/821 (the “EU Dual Use Regulation”), was published in the Official Journal of the EU. With its publication, the updated list comes into force as of 12 January 2023.

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The commercial law firm Oppenhoff is giving its namesake Michael Oppenhoff a special gift for his 85th birthday: it is endowing the Walter Oppenhoff Foundation with around 250,000 euros, thus securing its long-term future. The Foundation’s name is also being changed to the Walter and Michael Oppenhoff Foundation.

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The dangers in the area of cybercrime have been steadily increasing for years. The risks range from data theft and espionage to IT failures and production stoppages. In view of this, it comes as no surprise that several legislative procedures have already been introduced to raise security standards in information technology. However, with the new NIS-2 Directive, the addressees of the special cybersecurity regulations will increase significantly.

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On 20 December 2022, the German Act on the Introduction of an Electricity Price Brake [Gesetz zur Einführung einer Strompreisbremse, StromPBG] and the German Act on the Introduction of Price Brakes for Piped Natural Gas and Heat [Gesetz zur Einführung von Preisbremsen für leitungsgebundenes Erdgas und Wärme, EWPBG] came into force. Both Acts contain the basic principles of the so-called energy price brake and are intended, among other things, to provide relief for companies in light of the exorbitant rise in energy prices.

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Investments in the health care sector are very popular since the start of the COVID-19 pandemic. In Germany, there has been a particular interest in the strong German medical technology sector during the last years, not only from strategic but also from private equity investors.

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In packaging law, both European and national legislators are clearly picking up the pace. The obligation to offer reusable packaging comes into effect on 01 January 2023. Restaurant owners, delivery services, fast-food restaurants, fresh-food counters and other providers of take-away food now need to familiarise themselves with the new provisions of the German Packaging Act [Verpackungsgesetz, VerpackG] if they are to avoid fines.

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