Litigationblog

by ZELLER & SEYFERT

Kurzarbeitergeld fraud - Legal implications for employees

As the Corona crisis continues to impact the German economy, many workers are currently on a temporary short-time work status known as Kurzarbeit. According to the German Federal Employment Agency (Bundesagentur für Arbeit, or Arbeitsagentur), there are possibly over 4,000 cases of fraud in filing for Kurzarbeitergeld, or short-time work allowance, have been reported by various news outlets, with the Neue Osnabrücker Zeitung initially reporting an estimated 4,250, and up to 4,690 indications of fraud reported by numerous additional media outlets.

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by ZELLER & SEYFERT

No jab, no job: Can my employer force me to get vaccinated?

As vaccine campaigns continue to rollout, slowly but surely, throughout Germany, the return to normalcy at the office seems to be just over the hill. However, not everyone agrees with the efficacy or necessity of the new Impfstoff, and the evidence of whether the vaccine will stop the spread of the virus, while positive, is still limited and under development. With all the uncertainty, it comes as no surprise that some people may be hesitant to get the vaccine.

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by ZELLER & SEYFERT

Home office from abroad – What you need to know from a legal perspective

As firms around the world have hurriedly transitioned this past year to telecommuting, or as lovingly called “home office” in Germany, companies have come to grapple with even the idea of working in an office and its effectiveness towards productivity. For some employees, it has been proven that going to the office is not a necessity and that their work can happen from virtually anywhere with an internet connection.

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by ZELLER & SEYFERT

The Culture Committee of the German Bundestag has invited Attorney Dr. Christian Seyfert, LL.M. as an expert and heard him in a four-hour session on the planned copyright reform

The Federal Government's draft of the planned copyright reform has been available since February 7th, 2021. The Culture Committee of the German Bundestag invited Attorney Dr. Christian Seyfert, LL.M. as an expert to a private Bundestag committee meeting to answer, along with eight other experts, the questions of the members of the Bundestag on the law reform. On February 24th, 2021, Dr. Seyfert was available to answer the questions of the members of the Bundestag for almost four hours in several rounds of questions.

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by ZELLER & SEYFERT

Atty. Dr. Christian Seyfert, LL.M. discusses upcoming copyright reform with Federal Minister of Justice Christine Lambrecht (SPD), and German artists Julia Neigel and Peter Maffay

Federal Minister of Justice Christine Lambrecht (SPD) invited Attorney Dr. Christian Seyfert, LL.M. and a number of well-known German artists, including Julia Neigel and Peter Maffay, to a one-hour expert discussion on the upcoming copyright reform in Germany. The one-hour discussion took place via video conference on February 22nd, 2021.

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by RA Dr. Christian Seyfert, LL.M. (San Francisco, GGU)

13 Reasons Why the planned §§ 9 ff. Copyright Service Provider Act (UrhDaG) is Flawed (government draft as of 07.02.2021)

The German government has initiated a reform of copyright law in a new draft law based in part on an EU directive. Attorney at law Dr. Christian Seyfert, LL.M. is scheduled to discuss the planned copyright reform with German Federal Minister of Justice Christine Lambrecht (SPD) and several well-known German artists, including Julia Neigel and Peter Maffay, on February 22nd, 2021. Then on February 24th, 2021, Dr. Seyfert will participate as an expert in a meeting of the Cultural Committee of the German Bundestag, where he will discuss the planned copyright reform with members of the German Bundestag and other experts.

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by Atty. Dr. Christian Seyfert, LL.M. (USA)

Unfair Competition case: “100% slave free” confectionery company linked to ingredient supplier facing child labour lawsuit

In today’s morally conscious consumer society, the trend has pointed towards more ethically produced products. For Dutch confectionery company, Tony’s Chocolonely, this has been a part of their mission, embracing 100% slave free sourced chocolate. The company was founded by three Dutch journalists in 2005, after becoming aware of cocoa processing plants sourcing ingredients from plantations that used child labour and slavery.

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by Atty. Dr. Christian Zeller

Munich Higher Regional Court: A managing director may assert the invalidity of the non-competition clause before commencing the intended competitive activity by way of an interim injunction (Decision from 02.08.2018)

As a general rule, a managing director may not compete with the company with which they are employed for the duration of their employment. Such prohibition of competition exists even without an express agreement. This is because the duty of loyalty under company law already requires the managing director to abstain from business activities in the company's sphere of activity to a large extent during their term of office. It makes sense to specify in detail the activities that are still permissible for the managing director in the employment contract in order to create clarity for both sides.

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by Atty. Dr. Christian Zeller

Temporary Employment: Can the maximum period of temporary work exceed 18 months in the same workplace with an employer?

On September 6th, 2019, the Regional Labour Court ruled that there is no violation of the maximum transfer period pursuant to § 1 of the German Temporary Employment Act (AÜG) in the context of employee leasing if the employer uses several temporary workers successively in the same workplace.  According to the court, the 18-month maximum transfer period does not apply in this case.

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by RA Dr. Christian Seyfert, LL.M. (San Francisco, GGU)

Court stops Google search favouritism of German Ministry of Health

On Wednesday February 10th, 2021, the Munich Regional Court provisionally prohibited the cooperation between the German federal government and private internet company Google in regards to boosted search results of health information. While the judgments are not yet final, as of now the judges presiding over the case issued two injunctions against the Bundesrepublik and Google.

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