In the current publication of the juris PraxisReport, Dr. Jacek Kielkowski LL.M. and Jan Schlüter analyse this extremely practice-relevant decision and its impact on the organisation of internal investigations.
In the 3rd edition of the book "Unternehmenskauf in der Steuerpraxis" by the publisher Prof. Dr. Patrick Sinewe, our partner Oliver Zöll has written the section on preliminary labour law considerations in the preparation of the sale of a company.
One finds here basic features on transactional labour law on § 613a BGB and on the drafting of MA contracts with regard to labour law issues.
While the literature and also the press, under the impression of "Dieselgate" and similar cases, are primarily concerned with criminal offences "from the sphere" of a company, in daily practice "classic" criminal offences to the detriment of a company occur much more often.
An overview of criminal law protection, fidelity insurance and D&O insurance: If a company suspects that criminal offences or other breaches of the rules have been committed, the company management is often under a de facto obligation to investigate suspicious circumstances and clarify compliance incidents, depending on the significance of the possible criminal offences and the degree of suspicion.
Article in NZWiSt 7/2018 by Dr Jan Kappel and Florian Junkers: The consequences of a cartel violation - especially in the case of agreements regarding the award of major projects - can be economically immense for the companies concerned.
In its judgement of 27 June 2018 (Ref.: 2 BvR 1780/17), the Federal Constitutional Court confirmed the legality of the seizure of documents and transcripts of witness interviews at the US law firm that conducted the internal investigation in the course of the "diesel scandal".