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Recent News From GRP Rainer LLP

  • GRP Rainer Rechtsanwälte – Report on D&O insurance

    GRP Rainer Rechtsanwälte – Report on D&O insurance

    Published: 18 Jul 2018

    In cases where damage or injury has occurred, it is increasingly common for the issue of D&O liability to take centre stage. For this reason, many companies have taken out a D&O insurance policy for their managers. Besides a great deal of responsibility, a company’s governing bodies also bear a high risk of personal liability. Mere negligence can be sufficient to give rise to both intern...

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  • GRP Rainer Rechtsanwälte – Experience with right of authorized dealer to claim compensation

    GRP Rainer Rechtsanwälte – Experience with right of authorized dealer to claim compensation

    Published: 17 Jul 2018

    Like commercial agents, authorized dealers may also be entitled to claim compensation after the relevant agreement has been terminated. For this to happen, certain conditions need to be fulfilled. Unlike commercial agents, authorized dealers operate under their own name and for their own account. The latter markets another company’s products under its own name, whereas a commercial agent enters ...

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  • GRP Rainer Rechtsanwälte – Abuse of a dominant market position – Antitrust assessment

    GRP Rainer Rechtsanwälte – Abuse of a dominant market position – Antitrust assessment

    Published: 13 Jul 2018

    Businesses are not allowed to abuse their dominant market position, as this constitutes a violation of antitrust law. The key issue that requires assessment is when this kind of abuse has occurred. Abuse of a dominant market position constitutes a violation of antitrust law. According to the Gesetz gegen Wettbewerbsbeschränkungen (GWB), Germany’s Act Against Restraints of Competition, a bus...

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  • GRP Rainer Rechtsanwälte – Assessing manager liability in the event of imminent insolvency

    GRP Rainer Rechtsanwälte – Assessing manager liability in the event of imminent insolvency

    Published: 10 Jul 2018

    One of a managing director’s duties is filing for insolvency on time. If this duty is breached, the managing director may be held personally liable. Under no circumstances should managing directors ignore signs of imminent insolvency, as filing for insolvency in a timely manner is one of their duties. Failure to file for insolvency on time or making undue payments in spite of impending insolvenc...

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  • Heirs within a patchwork family

    Heirs within a patchwork family

    Published: 05 Jul 2018

    Patchwork families, also known as blended families, are no longer a rarity today, yet succession law has yet to adapt to this development. According to the rules of intestate succession, stepchildren come away empty-handed. Society has changed substantially over the last few decades. In addition to the traditional family model, patchwork families have also established themselves. It is common fo...

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  • GmbH shareholder’s rights of access and inspection

    GmbH shareholder’s rights of access and inspection

    Published: 04 Jul 2018

    The shareholders of a GmbH, a type of German private limited company, have extensive rights to information that go beyond the general meeting of the shareholders, and they are able to exercise their rights of access and inspection. GmbH shareholders entrust the managing director with the fate of their company. Notwithstanding this, they do, of course, have the right to be informed about what is ...

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  • No discrimination – Local authority position for equal opportunity officer only open women

    No discrimination – Local authority position for equal opportunity officer only open women

    Published: 27 Jun 2018

    Germany’s General Act on Equal Treatment, aka the allgemeine Gleichbehandlungsgesetz (AGG), is supposed to protect against discrimination, e.g. on the basis of gender. That being said, exceptions can be made, as demonstrated by a ruling of the Landesarbeitsgericht (LAG) Schleswig-Holstein [Regional Labour Court of Schleswig-Holstein]. Discrimination in the workplace is also meant to be prohibite...

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  • BGH: Removal of a shareholder managing director for good cause

    BGH: Removal of a shareholder managing director for good cause

    Published: 25 Jun 2018

    When it comes to the removal of a shareholder managing director of a GmbH, a type of German private limited liability company, for good cause, it is a matter of whether there was in fact good cause at the time the decision was taken. Disputes among the shareholders of a GmbH are not uncommon. If these give rise to a situation whereby the shareholder managing director is set to be removed and his...

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