News-Archive

Retail and Consumer Goods29.09.2020 Newsletter

Act to Improve the Enforcement of Occupational Health and Safety: new minimum requirements which not only concern the meat industry

The meat industry has long been in the spotlight because of the precarious working and living conditions of the external Eastern European personnel frequently employed in it. For this reason, the Federal Government had already adopted a key issues paper on occupational health and safety in the meat industry in May 2020. As a result of the recent pandemic outbreaks in meat factories such as those in NRW, Baden-Württemberg and Schleswig-Holstein, the meat industry is considered to be a new corona hotspot.

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Employment Law28.09.2020 Newsletter

Focus on Labor Law - 3rd quarter 2020

As the pandemic persists, it comes as no surprise that the virus and its effects on daily working life are not only keeping personnel departments and public administration on tenterhooks, but are also increasingly occupying the labor courts. Since a return to the norm in Germany is not foreseeable, these Corona-specific decisions will retain their relevance to the collaboration between the business parties for what currently looks like an unforeseeable time. Other decisions of the labor courts also require attention, however. In this "Focus on Labor Law ", we inform you of the most important recent judgements and provide you with the latest news on the currently popular topic of the "home office".

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Current Status of the German Corporate Liability Act

In its session on 18 September 2020, the Bundesrat commented on the Federal Government’s draft bill of the German Corporate Liability Act [Verbandssanktionengesetz - VerSanG] in accordance with Article 76 II German Constitution [Grundgesetz - GG]. The Committee's recommendation to reject the draft bill in its entirety was not accepted. However, the Bundesrat does propose several rather far-reaching amendments and additions. These aim not least to protect the interests of small and medium-sized enterprises.

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Oppenhoff advises Saint-Gobain on the acquisition of a majority stake in Brüggemann Holzbau

Oppenhoff has advised Compagnie de Saint-Gobain Zweigniederlassung Deutschland on the acquisition of a majority stake in the Brüggemann Holzbau Group.

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Mergers & Acquisitions / Private Equity22.09.2020 Newsletter

DEAL POINTS.

We are pleased to send you the second issue of DEAL POINTS, Oppenhoff's newsletter on M&A and private equity. Whereas our publications in the first half of the year mainly dealt with acute issues concerning the COVID-19 pandemic, the improved situation now means that we can turn our attention again to future transactions in these special times.

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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.

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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).

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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.

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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.

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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.

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