Venture Capital – Representation of Investors

Legal support for investors in struggling investments There seemed to be no limits. The booming tech industry created a gold rush atmosphere among both startups and investors. The motto was that the fastest would win. Thus, private investors, institutional investors, or private equity firms were all the more willing to invest large sums in startups […]

Improper Price Adjustment Clause in Home Construction

Higher Court of Zweibrücken: No Higher Price Due to Increased Material Costs Rising construction costs and high interest rates have not made purchasing property any easier. However, those who have agreed on a fixed price with a construction company must be able to rely on that price. This is demonstrated by a decision of the […]

Sports Equipment Manufacturer Loses Design Protection

General Court: No Design Protection for Sneakers Already Known to the Public A social media post can have dire consequences, even for design protection. This was a hard lesson learned by a sports equipment manufacturer which, according to a ruling by the Court of the European Union dated March 6, 2024 (Case No.: T-647/22), lost […]

BVerfG Strengthens Rights of Biological Fathers

Judgment of the Federal Constitutional Court of April 9, 2024, Case No.: 1 BvR 2017/21 The Federal Constitutional Court has strengthened the rights of biological fathers with a ruling dated April 9, 2024 (Case No.: 1 BvR 2017/21). With this landmark decision, the constitutional judges opened the door for biological fathers to be recognized as […]

Bankruptcy of d.i.i. Deutsche Invest Immobilien AG

Insolvency Application for d.i.i. 14 GmbH & Co. Closed Investment Limited Partnership The current difficult situation in the construction industry has already brought significant economic difficulties to several real estate companies and project developers, including d.i.i. Deutsche Invest Immobilien AG based in Wiesbaden. On March 28, 2024, the company filed for bankruptcy. Additionally, insolvency applications […]

D&O insurance – OLG Hamm Strengthens Managing Director

Criminal Legal Protection in D&O Insurance Managing directors carry a high risk and can also be personally liable. D&O insurance is intended to mitigate this liability risk. It is therefore crucial that the D&O insurance comes into effect in the event of a claim and does not deny coverage. The Higher Regional Court of Hamm, […]

Tax Disadvantages through Berliner Testament

Ruling of the BFH on Tax Disadvantages due to Jastrowsche Clause The Berliner Testament is popular among married couples because it is particularly suitable for protecting the surviving partner from the claims of other heirs in the event of death. However, financial security can be accompanied by negative consequences for inheritance tax. This is also […]

Beware of Greenwashing in Investment Opportunities

Legal Options for Investors Concerning Greenwashing Sustainability has also made its way into the capital market, at least according to the wishes of investors. For many investors, not only the expected return on an investment is a reason for investment but also its sustainability. However, caution is necessary because not every investment that has been […]

Cash Assets in a Will

Higher Regional Court of Oldenburg: Cash includes money in bank accounts Wills should always use clear terms to avoid ambiguity and ensure that the testator’s final wishes are implemented as intended. A term that has increasingly led to disputes among heirs is “cash assets”. On December 20, 2023, the Higher Regional Court of Oldenburg ruled, […]

New EU Supply Chain Law on the Horizon

Companies Must Prepare for Liability Lawsuits In mid-March, the member states of the European Union agreed on the new EU Supply Chain Law. While the European Parliament still needs to approve the draft law, this is considered a formality. Subsequently, EU member states will be required to transpose the directives into national law. Companies should […]

Loan – No Joint Liability in Case of Immorality

Judgment of the Potsdam Regional Court on Joint Liability and Guarantee in Loans Anyone who undertakes the guarantee for a loan or signs the loan agreement as a co-debtor is taking a risk. This was also experienced by a married couple who had concluded two loan contracts together with their son. After the death of […]

Obligation of Fair Negotiation in Termination Agreements

Ruling of the Federal Labour Court – Case No. 6 AZR 333/21 In the context of termination agreements in employment law, the principle of fair negotiation applies. However, in exceptional cases, a termination agreement may still come into effect even if pressure was applied and the principle of fair negotiation was violated. This was clarified […]

Five Stars and a Violation of Competition Law

Behind the stars must actually be customer ratings. Star ratings on the internet are common and can influence purchasing decisions. However, advertising a product with five stars is only permissible if there is actually a customer review for it. This was decided by the Berlin Regional Court (Ref.: 16 O 139/21). Otherwise, it constitutes a […]

No Tax on Sale of Inherited Shares

Ruling by the Federal Fiscal Court on the tax-free sale of real estate in an estate The sale of real estate belonging to an estate can be tax-free. This was decided by the Federal Fiscal Court (BFH) in a ruling dated September 26, 2023, changing its previous legal doctrine (case number IX R 13/22). This […]

Accusation of Undeclared Work

Undeclared work can become costly – get help from an experienced attorney The accusation of undeclared work should not be underestimated and can lead to significant fines or prison sentences. Undeclared work occurs, for example, when services or works are performed, but contributions to social security or taxes are not duly paid. If there is […]

Obligation to Report Suspected Money Laundering

The reporting obligation exists regardless of the size of the transaction. The Money Laundering Act (GwG) serves to combat money laundering, terrorist financing, and tax evasion. Accordingly, the GwG also includes enhanced due diligence and reporting obligations when there is a suspicion of money laundering. If there is a suspicion that money or assets originate […]

Wealth Transfer from Abroad

Observe legal regulations for transfers, cash, and luxury goods The monitoring pressure for asset transactions from abroad to Germany and vice versa has increased enormously in recent years. This is due to various reasons, including the fight against tax evasion and black money, which makes transferring money or assets from abroad more difficult. However, in […]

Withholding and Embezzlement of Wages

Proper Payment of Social Security Contributions With the conclusion of an employment contract, employers and employees enter into rights and obligations. Among the primary obligations of the employer is the payment of wages to its employees. This includes the proper payment of social security contributions for the employee. If the employer does not pay the […]

Suspicion of money laundering

Legal advice on suspicion of money laundering and account freezing The shock is just as great for businesses as it is for private clients: they want to make a transfer, pay a bill, and the bank is not cooperating. It has frozen the account due to suspicion of money laundering. This can have fatal consequences […]

ProReal Europa 9/10 – SC Finance Four insolvent

Insolvency of the pool company affects ProReal investors Once again, there’s bad news for investors of the ProReal Europa 9 and ProReal Europa 10 bonds. This time, it’s due to the insolvency of the pool company SC Finance Four, which filed for insolvency under self-administration at the Offenbach District Court. The Austrian Soravia Group announced […]