The German Trade Secrets Act has come into effect on April 26, 2019. It was intended as a facilitation of law enforcement in Europe, but now it leads to vast bureaucracy. Companies need to figure out technical and organizational measures to protect their own data. In this article, we will illuminate what this means for transactions and how to deal with the biggest “risk factor” – employees.
https://it-landgraf.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://it-landgraf.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2019-09-30 09:10:412019-09-30 15:44:36PROTECTING SECRETS WHILE REMAINING INNOVATIVE – HOW THE GERMAN TRADE SECRETS ACT INFLUENCES A COMPANY’S EVERYDAY LIFE
https://it-landgraf.de/wp-content/uploads/honert_logo_270px.png00Prof. Dr. Thomas Grädlerhttps://it-landgraf.de/wp-content/uploads/honert_logo_270px.pngProf. Dr. Thomas Grädler2019-09-10 10:32:202019-09-10 10:33:39WE ARE HAPPY!
https://it-landgraf.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://it-landgraf.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2019-08-20 15:00:302020-05-27 11:53:28honert advises the founder of Boxfuse GmbH in the sale of Boxfuse GmbH to the British company RedGate Software Group
https://it-landgraf.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://it-landgraf.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2019-08-16 15:08:292019-09-09 12:12:09honert advises Omnicare management in connection with the participation of Equistone Partners in the Omnicare Group
The Federal Court of Justice [BGH] deals in its decision dated 28 January 2019 (file no. II ZR 364/18) with the issue, whether in analogous application of section 179 German Stock Corporation Act [AktG] the transfer of all company assets of a limited liability company [GmbH] within the framework of a sale and purchase agreement is ineffective towards the buyer without an approving resolution of the shareholders’ meeting. The BGH extensively comments on the structural differences between a GmbH and a stock corporation and rejects an analogous application of section 179 AktG to a GmbH. Nevertheless, the BGH considers an approving shareholders’ resolution internally necessary. According to the BGH, the contracting party may only rely on the unrestricted power of representation of the managing director if he was unaware of the abuse of the representative power and if this abuse was not obvious to him.
https://it-landgraf.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://it-landgraf.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2019-06-21 10:00:072019-09-04 10:48:18THE TRANSFER OF ALL COMPANY ASSETS OF A GMBH – STILL SUBJECT TO THE PARTICIPATION OF THE SHAREHOLDERS’ MEETING
PROTECTING SECRETS WHILE REMAINING INNOVATIVE – HOW THE GERMAN TRADE SECRETS ACT INFLUENCES A COMPANY’S EVERYDAY LIFE
/in 2019 Q3/by Ester HahnThe German Trade Secrets Act has come into effect on April 26, 2019. It was intended as a facilitation of law enforcement in Europe, but now it leads to vast bureaucracy. Companies need to figure out technical and organizational measures to protect their own data. In this article, we will illuminate what this means for transactions and how to deal with the biggest “risk factor” – employees.
WE ARE HAPPY!
/in 2019 Q2/by Prof. Dr. Thomas Grädlerhonert advises the founder of Boxfuse GmbH in the sale of Boxfuse GmbH to the British company RedGate Software Group
/in Deal Announcements/by Ester Hahnhonert advises Omnicare management in connection with the participation of Equistone Partners in the Omnicare Group
/in Deal Announcements, Deal Announcements/by Ester HahnBest lawyers at honert!
/in 2019 Q2/by Ester HahnTHE TRANSFER OF ALL COMPANY ASSETS OF A GMBH – STILL SUBJECT TO THE PARTICIPATION OF THE SHAREHOLDERS’ MEETING
/in 2019 Q2, 2019 Q2/by Ester HahnThe Federal Court of Justice [BGH] deals in its decision dated 28 January 2019 (file no. II ZR 364/18) with the issue, whether in analogous application of section 179 German Stock Corporation Act [AktG] the transfer of all company assets of a limited liability company [GmbH] within the framework of a sale and purchase agreement is ineffective towards the buyer without an approving resolution of the shareholders’ meeting. The BGH extensively comments on the structural differences between a GmbH and a stock corporation and rejects an analogous application of section 179 AktG to a GmbH. Nevertheless, the BGH considers an approving shareholders’ resolution internally necessary. According to the BGH, the contracting party may only rely on the unrestricted power of representation of the managing director if he was unaware of the abuse of the representative power and if this abuse was not obvious to him.