Litigationblog

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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by Atty. Dr. Christian Zeller

How to avoid Management Liability claims

Dr. Christian Hendrik Zeller is a partner in the law firm ZELLER & SEYFERT Attorneys at Law Partnership mbB. In this interview, he talks about the increase in claims for damages against board members and managing directors, as desired by the legislature.

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by RA Dr. Christian Zeller

Job cuts at Commerzbank  - 10,000 jobs to be eliminated

Commerzbank in Frankfurt am Main has announced that it will carry out massive job cuts in the coming years due to restructuring.

In this regard, the new Chairman of the Board of Managing Directors, Manfred Knof, wrote to Commerzbank employees:

"We are striving for fair and—as much as possible—socially acceptable solutions, and we will do everything we can to avoid compulsory redundancies. But there is no way around the fact that a considerable number of jobs will be lost."

 

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by RA Dr. Christian Zeller

Amazon CEO Jeff Bezos resigns - How should a legally compliant CEO resignation be done? 

Jeff Bezos, the founder of e-commerce giant Amazon, has announced on the 2nd of February 2021 that he will be stepping down from his CEO role. The announcement has been made public together with the company's fourth-quarter earnings report and was followed by an email to Amazon employees in which Mr. Bezos explained the reasons behind his decisions to resign.

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by Atty. Dr. Christian Zeller

Amazon CEO Jeff Bezos resigns - How should a legally compliant CEO resignation be done? 

JeffBezos, the founder of e-commerce giant Amazon, has announced on the 2nd of February 2021 that he will be stepping down from his CEO role. The announcement has been made public together with the company's fourth-quarter earnings report and was followed by an email to Amazon employees in which Mr. Bezos explained the reasons behind his decision to resign.

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

Corona dispute at Stuttgart Regional Court: Art teacher sues 18-year-old student (Case No. 11 O 538/20)

An art teacher had removed our client, an 18-year-old student, from art class and had put her in a storage room because our client is not allowed to wear a face mask for medical reasons. When our client subsequently complained to the press about this discrimination, the art teacher applied to the Stuttgart Regional Court for an injunction against our client for alleged violation of her personal rights.

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