News-Archive

Intellectual Property Law21.09.2020 Newsletter

Golden gummy bears and square chocolate bars: The Federal Court of Justice on the trademark protection of product designs for foodstuffs

Ritter Sport remains the only square chocolate on German supermarket shelves, whereas the Goldbear goes empty-handed. We come across the latter in trade in both fruit gummy and choco-late form, albeit from different manufacturers. Hardly any other decision of the Federal Court of Justice [Bundesgerichtshof, “BGH”] has caused as much of a stir in recent years as the pro-ceedings brought by Haribo against Lindt and Milka against Ritter Sport.

Read more

Antitrust Law and Merger Control15.09.2020 Newsletter

German government publishes official draft bill of the 10th amendment to the German Antitrust Act

Due to internal disagreements between the Federal Ministry of Economics and the Federal Ministry of Justice, the amendment was on hold for months. Now the Federal Government has published the official draft bill of the 10th amendment to the German Act against Restraints of Competition (ARC).

Read more

11.09.2020 Newsletter

Data Protection Conference: high hurdles for video surveillance in the retail sector

The German Data Protection Conference “Datenschutzkonferenz” (DSK), the central body of data protec-tion commissioners of the German Federal Government and Federal States, has commented on the limits of video surveillance measures in conformity with data protection legislation in its Guidance of 3 Sep-tember 2020. In the paper, the DSK more precisely specifies the principles defined by the European Data Protection Board (EDPB) on this matter in its Guidelines 3/2019.

Read more

Private Equity / Mergers & Acquisitions02.09.2020Frankfurt am Main Newsletter

Private Equity: Regional Court of Munich deems leaver clauses invalid

A key element of any management participation by private equity investors is to secure the re-transfer of shares in the event that the manager terminates his services for the company. A decision of the District Court (Landgericht) of Stuttgart published in 2019 had confirmed the validity of share transfer obligations in a constellation that corresponded to a management partic-ipation typical of private equity, thus - temporarily – made a contribution towards legal certainty. In contrast, in a recently published decision (7 U 1844/19), the Regional Court (Oberlandesgericht) of Munich questions the enforceability of standard share transfer obligations in leaver cases.

Read more

Corporate Law / Mergers & Acquisitions02.09.2020Frankfurt am Main News

Oppenhoff advises CalixKlippan on the acquisition of Carbox

Oppenhoff has advised CalixKlippan group, Sweden, on the acquisition of CARBOX GmbH & Co. KG, located in Achim near Bremen.

Read more

Oppenhoff advises nd industrial investments on the acquisition of a majority shareholding in the electric car manufacturer e.GO

The law firm Oppenhoff has advised nd industrial investments B.V. on the acquisition of a majority shareholding in Next.e.GO Mobile SE, which is taking over the entire business of the insolvent e.GO Mobile AG on 1 September 2020.

Read more

Securing and Procuring Liquidity

In the current economic situation, many companies have unforeseen liquidity requirements that need to be resolved in the short term. Depending on the actual circumstances and requirements, various possibilities of procuring coverage come into consideration.

Read more

Employment Law28.08.2020 Newsletter

How employers should deal with employees returning from vacation

In times when a "staycation" or "summer at home" is on the agenda for many employees, some have nevertheless chosen to go on vacation abroad, including travel to corona risk areas. As the school summer vacation draws to a close in the first few federal states and an increasing number of employees return to work, questions are more frequently being asked about how to deal with employees returning from vacation. We have compiled below an overview of the most important questions in this context.

Read more

Employment Law25.08.2020 Newsletter

Home office – Current focuses

Work outside the workplace environment over the last few months of the pandemic has considerably contributed to the fact that, with the exception of certain sectors, large parts of the German economy have retained their capacity to work despite the lockdown. When it became clear in mid-March 2020 that the country would come to a standstill, the switch to mobile work was undertaken swiftly and on a scale as never seen before. Since then, employees have worked and continue to work to a large extent from home.

Read more

12.08.2020 News

Oppenhoff strengthens its business operations with Head of IT and Digital Transformation

nternationally operating law firm Oppenhoff has won Torsten Krumrey for the newly created role of Head of IT and Digital Transformation. The 53-year-old Krumrey was previously Chief Information Officer / Head of IT at law firm Taylor Wessing and responsible for the German IT team.

Read more