Protection of trade Secrets – possible immediate measures
Trade secrets demand according to § 26b UWG for appropriate secrecy measures. In this article we give a brief – non conclusive - overview of possible Protective Measures.
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Unlimited book inspection right of a creditor even after liquidation and deletion of the company
Creditors of dissolved companies have the right to inspect all documents of the company in order to check whether, despite liquidation and deletion, assets are still available to satisfy their claims.
MorePublication of exclusion of purcher´s liability in M&A transactions – mind the trap!
If liabilities are not assumed when a company is acquired, this must be entered in the commercial register within one month. The filing of an application with the Companies Register does not meet the deadline, the decisive factor is the length of the commercial register procedure.
MoreCurrent case law on laesio enormis in options: Concludent waiver and relevant time of examination of the imbalance
In a recent decision, the Supreme Court has not only confirmed that laesio enormis between entrepreneurs can be excluded impliedly, he also questioned the most recent decisions on the relevant point in time for examination of an imbalance (issue or exercise of the option).
MoreInjury-related loss of value of the business share is to be refunded in addition to loss of earnings
The injured sole shareholder of a limited liability company may, in addition to the loss of earnings due to the injury, demand compensation for the loss, which occurs if his share loses value and can therefore only be sold at a lower price. The loss of earnings and loss of value are not the same damage.
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