• News

Recent News From GRP Rainer LLP

  • LAG Hamm – Prohibited surveillance in the workplace

    LAG Hamm – Prohibited surveillance in the workplace

    Published: 13 Aug 2018

    Monitoring employees using video surveillance is only permitted within narrow boundaries. Illegal recordings cannot therefore be used as evidence in the context of workplace legal disputes. There are justifiable reasons for monitoring the workplace using video cameras. Particularly in areas which are accessible to the public such as storefronts, video cameras are a common sight. However, this ne...

    Read More

  • Power of attorney can constitute a valid will

    Power of attorney can constitute a valid will

    Published: 06 Aug 2018

    It is possible for a power of attorney to constitute a valid will. That was the verdict of the Oberlandesgericht (OLG) Hamm, the Higher Regional Court of Hamm, in a ruling from May 11, 2017 (Az.: 10 U 64/16). A will should always be clearly recognizable as the testator’s final wishes to prevent disputes from arising among the heirs. We at the law firm GRP Rainer Rechtsanwälte note that it w...

    Read More

  • Breach of duty by management – Special audit in cases involving a GmbH

    Breach of duty by management – Special audit in cases involving a GmbH

    Published: 03 Aug 2018

    If there is reason to suspect that management has breached its duties, the shareholders of a GmbH, a type of a German private limited company, can request that a special audit be carried out. We at the commercial law firm GRP Rainer Rechtsanwälte note that the responsibilities of the shareholders of a GmbH include approving the annual financial statement as well as scrutinizing and monitori...

    Read More

  • BGH – Abuse of superior market power is a violation of antitrust law

    BGH – Abuse of superior market power is a violation of antitrust law

    Published: 27 Jul 2018

    If a company abuses its market power, this constitutes a violation of antitrust law. In a ruling from January 23, 2018, the Bundesgerichtshof (BGH), Germany’s Federal Supreme Court, has bolstered the Bundeskartellamt, Germany’s Federal Cartel Office (Az.: KVR 3/17). Companies with superior market power are not allowed to put pressure on suppliers to obtain undue advantages for themselves. This k...

    Read More

  • Commercial agent’s right to claim compensation in the case of past clients

    Commercial agent’s right to claim compensation in the case of past clients

    Published: 19 Jul 2018

    The commercial agent’s right to claim compensation in the event of turnover increases with past clients comes up time and time again as a contentious issue. A ruling of the Oberlandesgericht (OLG) Celle, the Higher Regional Court of Celle, has now bolstered the position of commercial agents (Az.: 11 U 88/16). Following termination of the commercial agency agreement, the commercial agent is often...

    Read More

  • 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...

    Read More

  • 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 ...

    Read More

  • 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...

    Read More

Find a Global Law Expert

Awards

Since 2010, the Global Law Experts annual awards have been celebrating excellence, innovation and performance across the legal communities from around the world.

Sign up for the latest legal briefing and news within Global Law Experts community, as well as a whole host of features, editorial and conference updates direct to your email inbox.

Naturally you can unsubscribe at anytime.