Monthly Dose of Germany: October 2024

Authors: Klaus Gresbrand and Mai Anh Ma

Legal Matter Management Systems (LMMS) are in many ways the nexus of a legal department’s activity. Designed specifically for legal professionals, such systems streamline and organize all facets of an in-house lawyer’s day-to-day work through a host of features. This article looks into what functionalities can be expected from a modern LMMS and also highlights other considerations that are worth keeping in mind when choosing a new LMMS.

Read more here

Author: Dr. Julia Sierig

The world of employment is undergoing a profound change, driven by advancing digitalization. On September 26, 2024, the German Bundestag passed the Fourth Bureaucracy Relief Act (BEG IV), which is intended to relieve companies of unnecessary bureaucracy. When this law comes into force, there will be significant changes that will particularly relieve employers in the administrative area. In this article, we highlight the most important employment law changes brought about by BEG IV, the effects on employment contract design, and the challenges that remain despite this progress.

Read more here

Authors: Dr. Lars Hinrichs and Elisa Ultsch

Our Autumn 2024 Client Alert on current case law at company pension schemes covers the judgments (1) of the German Federal Labour Court (Bundesarbeitsgericht, BAG) of 12 March 2024 (3 AZR 150/23) on the scope of an employment contract’s reference clause to the Collective agreement for public service (Tarifverträge des öffentlichen Dienstes, TVöD), (2) of the Higher Labour Court (Landesarbeitsgericht, LAG) of Dusseldorf of 24 April 2024 (12 Sa 683/23) on the elimination of the obligation to assess pensions (adjustments) under the condition that the pension fund and the employer are identical, (3) of the LAG Hamm of 10 January 2024 on the employer's contribution to salary conversion in accordance with Sec. 1a (1a) of the German Company Pension Act (Betriebsrentengesetz, BetrAVG) in context of Section 19 (1) BetrAVG despite a collective agreement that came into force before BRSG and (4) of the LAG Baden-Württemberg of 20 February 2024 (11 Sa 45/22) on the question of whether a promise subject to the suspensive condition of the death of the promisor constitutes an occupational pension plan according to the BetrAVG.

Read more here.

Authors: Dr. Julia Petersen and Andreas Jentgens

The chief legal officer’s roles and responsibilities have expanded beyond determining legal department strategy and providing legal Services to the business. See how CLOs are now collaborating with their C-suite colleagues to help solve more complex business challenges.

Read more here.

Authors: Dr. Mathias Hanten

Original source in German, in Börsen-Zeitung, 5 October 2024, p. 11.

Read more here

Authors: Sandra Höfer-Grosjean and Volker Radermacher

Reducing the risk of the initiation of penalty and criminal tax proceedings in connection with a tax field audit

Read more here

Authors: Matthias Meinert and Maren Collmann

Introduction of an Infrastructure Ratio and Further Facilitation in the Investment Regulation

Read more here.

Authors: Dr. Markus Schackmann

Deloitte Legal represented in numerous ‘Best Law Firms in Germany’ rankings

Read more here.