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„NO-DEAL”-Brexit: Last Minute Update – Part I

SUMMARY I. The transition period of Brexit is coming to an end As no party is willing to compromise, we now have to cope with a Brexit without any deal. Also, the English Parliament has decided against a Repeal Bill that would have led to all EU rights being incorporated into the national English judicial […]

„NO-DEAL”-BREXIT and Corporate Law – Part II

SUMMARY I. Brexit and corporate law What is the main reason for Brexit changing (European) corporate law? It is the difference between the so-called “corporate domicile theory” and the “formation theory” and their role within the EU. Due to the latter, no matter where a company will operate, it will be governed by the law […]

The new Chinese Export Control Law will affect many Businesses

SUMMARY I. Chinese Export Control Law has become effective The new unified Chinese Export Control Law will become effective on December 1st. It has a significantly expanded scope. “Controlled items” are defined to include dual-use items (with both civilian and military applications), nuclear materials and military products. Also, “controlled items” are “other goods, technologies, services, […]

The Chinese Biosecurity Law: What does it mean for my business?

SUMMARY I. What is the Chinese Biosecurity Law about? China has passed the second Review Draft of its Biosecurity Law that will come into effect on April 15th, 2021. In the context of Covid-19, the Biosecurity Law has been finished just within a year. With about 85 provisions, this law is complex, and it will […]

Some Pitfalls of the Chinese Biosecurity Law – and how to avoid them…

SUMMARY I. The Chinese Biosecurity Law about: Designated ports We strongly assume that the Chinese Biosecurity Law will come effective on April 15th, 2020. As discussed before in our Blog, you know that the scope of the law is broad. Nevertheless, you do not know what the new law will bring for your China business […]

Unpaid Taxes in Germany – How can Criminal Liability be avoided?

SUMMARY I. Unpaid Taxes in Germany – First alternative: Just doing nothing, nobody will ever know… At the end of the year, taxes often play an important role. Sometimes taxpayers come to the conclusion that there are taxes they had to pay, but payment has never happened. This can lead to delicate situations as violations […]

Next Stop: German Telecommunications Modernization Act!

SUMMARY I. The German Telecommunications Modernization Act is coming Actually, good news for those invested in the German telecommunications sector: German telecommunications law will be comprehensively revised by the Telecommunications Modernization Act in 2021. The Federal Cabinet adopted the bill on December 16th, 2020. It implements the European Electronic Communications Code (EU Directive 2018/1972) from […]

Compliance Due Diligence of a German Target

SUMMARY I. Compliance liability by acquisition of a company: Compliance due diligence Compliance due diligence of a German targetis of upmost importance in the context of corporate transactions, even if smaller companies are to be sold. Why is that so? It is not the buyer’s fault if the company has not complied with the law […]

What you need to know about the US Department of Labor’s Final Rule to clarify Independent Contractor Status under the Fair Labor Standards Act AND your Global Workforce Strategy

SUMMARY I. Distinction between employee and independent contractor: Current legal situation The Department of Labor’s (DOL) Wage and Hour Division issued a final rule revising its interpretation of independent contractor status under the Fair Labor Standards Act of 1938 (FLSA) on Jan. 6. This is supposed to “promote certainty for stakeholders, reduce litigation and encourage […]

Risk of Class Actions due to Data Breaches rises quickly

SUMMARY I. Data breach landmark ruling from London At the end of 2018, the Court of Appeal in London made a significant decision that seemed to have serious consequences, even beyond the borders of England (Wm Morrisons Supermarkets Plc v Various Claimants [2018] EWCA Civ 2339). According to this ruling, an employer is liable for […]