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  • Article

    Internal Investigations

    They learned various questioning and interviewing techniques, as well as possible ways to assess the veracity of the statements made.
    GermanyCorporate/Commercial Law
    Arnold & Porter
    Arnold & Porter
  • Article

    German Court Holds That Umbrella Trademarks Are Permissible For Some Pharmaceutical Products

    Last month, the German Federal Administrative Court issued a decision holding that, under certain circumstances, umbrella trademarks may be used for a portfolio of pharmaceutical products...
    GermanyFood, Drugs, Healthcare, Life Sciences
    Jones Day
    Jones Day
  • Article

    German Court Holds Email Provider Subject To Telecommunications Law

    On November 11, 2015, the Administrative Court of Cologne ruled (source document in German) that an email provider was subject to notification obligations under the nation's telecommunications law.
    GermanyMedia, Telecoms, IT, Entertainment
    Jones Day
    Jones Day
  • Article

    Lengthy Jail Terms For Machinery Exports To Russia

    Two brothers in Germany have been sentenced to prison terms exceeding three years each for illegally exporting engineering equipment and machinery to Russia. The convictions stem from 65 shipments worth €833,000 that were routed through Turkey and Kyrgyzstan, with the equipment ultimately used in weapons manufacturing.
    GermanyInternational Law
    Duane Morris LLP
    Duane Morris LLP
  • Article

    Mid Trial Guilty Pleas For Two Charged With 65 Equipment Shipments To Russia

    Two brothers in Germany have pleaded guilty mid-trial to breaching EU sanctions against Russia by shipping engineering and industrial equipment valued at €830,000 between 2023 and 2024. As part of a plea agreement with prosecutors, both defendants have accepted four-year custodial sentences, with the court's verdict still pending while their father faces separate prosecution for related offenses.
    GermanyCriminal Law
    Duane Morris LLP
    Duane Morris LLP
  • Article

    German Federal Court Ruling Important For Future Contractual Netting Arrangements

    The reasoning of the decision has now been published and provides a number of answers to questions which are important for future contractual netting arrangements.
    GermanyFinance and Banking
    Reed Smith (Worldwide)
    Reed Smith (Worldwide)
  • Article

    It May Cost You if You Put up Your Dukes

    The Federal Labor Court was recently asked to decide to what extent the exemption from personal liability applies if one colleague physically attacks another at their workplace.
    GermanyGovernment, Public Sector
    Jones Day
    Jones Day
  • Article

    Weigel, Druckenbrodt Published In Deutscher AnwaltSpiegel

    Frankfurt-based Litigation partner Michael Weigel and counsel Alexander Druckenbrodt published an article in Deutscher AnwaltSpiegel, reviewing the German Federal Supreme Court's January 26, 2016 judgement of File No. XI ZR 91/14.
    GermanyLitigation, Mediation & Arbitration
    Arnold & Porter
    Arnold & Porter
  • Article

    Kassel Local Court: Confirmation Email In Double Opt-in Process Not Spam

    The plaintiff considered this to be a legal violation as he had not subscribed to the newsletter.
    GermanyMedia, Telecoms, IT, Entertainment
    Reed Smith (Worldwide)
    Reed Smith (Worldwide)
  • Article

    Federal Court Of Justice Rules Over Cosmetic Repairs And Declares The Duty To Execute Cosmetic Repairs Ineffective

    The decision might have impact on commercial lease agreements too.
    GermanyReal Estate and Construction
    Reed Smith (Worldwide)
    Reed Smith (Worldwide)
  • Article

    La cession du droit de priorité précédant le dépôt d'une extension en Europe

    Dans une décision du 5 mai 2023 (T 1946/21, Intex c/ Bestway Europe et Bestway Allemagne, décision disponible en anglais), la chambre de recours de l'OEB a eu l'occasion de clarifier que si une cession...
    European UnionLitigation, Mediation & Arbitration
    Novagraaf Netherlands BV
    Novagraaf Netherlands BV
  • Article

    When "Purchase Now" Is Not Enough – Local Court Of Cologne Sets (Too) Strict Standards For The Button Solution In German E-Commerce

    The court of Cologne's reference to sales on trial is not particularly convincing, as in a case of a sale made on account there is also no immediate obligation to pay the purchase price.
    GermanyCorporate/Commercial Law
    Orrick
    Orrick
  • Article

    BGH: Invalidity Of A Gift If The Giver Can Be Easily Influenced Or Shows A Weakness Of Will

    In cases in which the claimant names concrete indications to the effect that he may have been legally incapacitated when making a gift, an expert opinion definitely has to be obtained...
    GermanyFamily and Matrimonial
    Oppenhoff
    Oppenhoff
  • Article

    German Federal Constitutional Court: Use Of Short "Samples" In Music Titles Does Not Qualify As Infringement Of Exploitation Rights Of Phonogram Producers

    The BVerfG annulled an earlier decision of the Federal Supreme Court ("FSC"; Bundesgerichtshof – BGH).
    GermanyIntellectual Property
    Reed Smith (Worldwide)
    Reed Smith (Worldwide)
  • Article

    German UPC Complaint "To Be Decided In 2018"?

    This morning the German Federal Constitutional Court (BVerfG) published its "preview for the year", listing the cases ...
    GermanyIntellectual Property
    Dehns
    Dehns
  • Article

    Newer Case Law Regarding Unsolicited Emails To (Potential) Customers

    Companies have to be cautious when sending out newsletters and other emails with advertising content. Before approaching someone for marketing purposes, the recipient's prior consent must generally be obtained.
    GermanyPrivacy
    Orrick
    Orrick
  • Article

    Berlin Court Of Appeal: Bitcoins Not A Financial Instrument Within The Meaning Of The German Banking Act

    In its September 25, 2018 judgement, the 4th Criminal Division of Berlin Court of Appeal ruled that Bitcoin trading is not punishable because Bitcoins are not a financial instrument within the meaning of the Banking Act.
    GermanyTechnology
    SKW Schwarz
    SKW Schwarz
  • Article

    German Federal Court Of Justice Rules On Damage Compensation Following Breach Of Choice-of-Forum Clauses

    This article addresses the impact that the German Federal Court of Justice's 17 October 2019 decision (BGH, ref. III ZR 42/19 = NJW 2020, 399)
    GermanyLitigation, Mediation & Arbitration
    Arnold & Porter
    Arnold & Porter
  • Article

    UPC Court Of Appeal Confirms That Extensions Are At The Discretion Of The Court Of First Instance

    In a decision handed down on 30 September 2024, the Court of Appeal upheld the decision of the Mannheim Local Division to limit additional time for preparing a rejoinder on non-technical aspects...
    GermanyLitigation, Mediation & Arbitration
    Marks & Clerk
    Marks & Clerk
  • Article

    UPC: Security For Costs Not Required Where Claimant Is Backed By Appropriate Litigation Insurance

    The UPC Court of Appeal has overturned a €2 million security for costs order, finding that a claimant's litigation insurance with anti-avoidance endorsement provides sufficient protection against unenforceability of adverse costs orders. This landmark decision addresses whether appropriate litigation insurance can substitute for traditional security mechanisms and signals that courts must properly consider such policies when assessing security applications.
    GermanyLitigation, Mediation & Arbitration
    Marks & Clerk
    Marks & Clerk

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