ADVANT-beiten -> News

Games industry legal trends to watch in 2026: AI, child safety, loot boxes and more

Fri, 09 Jan 2026 09:04:11 +0100

In this article, published on January 2, 2026, on gameslawindustry.biz, Dr. Andreas Lober looks back on his predictions for the gaming industry from 2025, highlighting his accurate forecasts on legal trends, such as disputes related to AI and stricter regulations for developers. At the same time, he provides an outlook on what 2026 might bring.

You can find the article under this link.

ADVANT Beiten launches London office – strengthening cross-border capabilities

Thu, 18 Sep 2025 12:21:34 +0200

With its newly opened London office, ADVANT Beiten expands its international presence and responds to the growing demand for German legal expertise in the UK. In an interview with IFLR, partners Sebastian Diehl and Martin Seevers share their strategic vision for the move, the opportunities it brings for international clients, and how the firm plans to connect London with Germany and beyond.

The full article is available in the attached PDF.

Dealing with tax risks in the financial sector

Wed, 03 Apr 2024 18:00:00 +0200

This article by our expert Martin Seevers sheds light on the key tax topics and their findings for German banks and financial service providers in 2023. These developments have meant that tax compliance is no longer viewed in isolation, but is now part of the general compliance organisation of institutions.

You can view the article, which appeared in the Yearbook Perspectives 2024 of the Association of Foreign Banks in Germany, at this link or in the download area.

Shell on the front line of climate change litigation

Thu, 14 Mar 2024 17:00:00 +0100

The article, authored by Dr. Daniel Walden, published on energyvoice.com on June 9, 2023, highlights the surge in climate change litigation driven by NGOs, as they pressure companies to address carbon emissions amidst increasing social, economic, and regulatory concerns.

You can find the article here.

Artificial Intelligence and German Labor Law: AI will permanently change the world of work

Tue, 23 May 2023 18:00:00 +0200

"Since the publication of ChatGPT at the latest, the topic of Artificial Intelligence (AI) has been on everyone’s lips. The chatbot has shown to a broad public what AI can do and that AI will find its way into people’s everyday lives."

Wolf J. Reuter and Michael Riedel in the LaborLawMagazine Issue 2/2023. Please find the full article at this link.

Foreign Subsidies, European Obligations. The new EU Foreign Subsidies Regulation

Wed, 19 Apr 2023 18:00:00 +0200

"On 12 January 2023 the EU Foreign Subsidies Regulation (“FSR”) entered into force, providing the EU with a brand-new tool aimed at ensuring fairer competition within the internal market. For companies, however, this means in turn some new notification requirements and the risk of relevant fines."

Christoph Heinrich and Cathleen Laitenberger together with Francesco Mazzocchi and Manuela Becchimanzi of ADVANT Nctm in the European Business Magazine of April 19, 2023.

The full article can be found at this link.

Legal trends for the games industry to watch in 2023 | Opinion

Sun, 22 Jan 2023 17:00:00 +0100

"Dr. Andreas Lober and Luca Guidobaldi analyse the topics that games companies need to be aware of this year - and revisit their 2022 predictions. One year ago, we made some predictions on legal trends for 2022. Now it is time to look back and see where we have been right and where we have been wrong – and make some new predictions for 2023."

Read the full article by Dr Andreas Lober together with Luca Guidobaldo, which appeared on gamesindusty.biz on 19 of January 2023 here.

BAG in the fast lane

Thu, 08 Dec 2022 17:00:00 +0100

"BAG decision of 13 September 2022 – 1 ABR 22/21: obligation to record working time for all employers.
Life has plenty of challenges in store for employers at the moment: there’s the ubiquitous shortage of skilled labour, then add to the mix the new German Act on Notification of Conditions Governing an Employment Relationship (NachwG) – unnecessarily – making employment agreements subject to a factual written form requirement, and of course general economic concerns due to inflation and recession. And as if that was not enough, the German Federal Labour Court (BAG) has now introduced an extensive obligation to record working hours."

Read the full article by Dr Wolfgang Lipinski and Benedikt Holzapfel, which appeared in Issue 4/2022 of LabourLawMagazine, starting on page 3 here or in the PDF attached.

The International Comparative Legal Guide: Foreign Direct Investment Regimes 2023

Thu, 01 Dec 2022 17:00:00 +0100

This edition provides a global analysis of common issues in foreign direct investment regimes across 31 jurisdictions.

We are happy to contribute to this important publication with a whole chapter written by Georg Philipp Cotta, Dr Christian von Wistinghausen and Dr Patrick Alois Huebner.

If you are interessted in the whole publication: it is available on the webpage ICLG (International Comparative Legal Guides).

One of a kind: The German Supply Chain Act

Mon, 21 Nov 2022 17:00:00 +0100

The German Supply Chain Act (Lieferkettensorgfaltspflichtengesetz – LkSG) commences in 2023. Within the first step, companies with more than 3,000 employees fall into the scope. From 01.01.2024, the threshold drops to 1,000 employees. In addition to the requirements for risk analysis and prevention regarding compliance with environmental protection and human rights, companies within the scope of the law are also required to implement a complaints procedure, which has only been regulated partially by law. However, the effective usability of this procedure is part of risk management, in addition to the fact that improper implementation or failure to implement it is subject to a fine. Only if the complaints mechanism works along the supply chain can companies be sure that there is neither a violation of the covered twelve human rights nor of the covered eight environmental risks, or that there is a sufficient probability of such a violation.

Not just the company – but along the entire supply chain

The law itself and therefore the legal obligation in § 8 LkSG is linked to the company. In fact, however, an internal company implementation would not be sufficient but rather the establishment of a complaints system which could be used within the entire supply chain is necessary. That must cover all direct (§ 8 LkSG) and indirect (§ 9 LkSG) suppliers. An external system could be used, but this does not exempt companies from the obligation to comply with the statutory regulations. The obligation solely changes to review/monitor the activities of the external provider.

Accessibility of the complaints procedure

The complaints procedure must be publicly accessible, clear and understandable. In addition to the fact that “persons”, not “employees”, can make use of it, the complaint procedure must be implemented for all individuals within the supply chain. Consequently, it is necessary to set up a system that has no restrictions in use, be it linguistic, textual, technical or local. This raises various questions for implementation, such as the language in which the procedure is to be used and how to deal with people who cannot read nor write or who do not have access to the internet, insofar as a technical system is set up. The restriction in usability usually results from the supply chain as such. It is not necessary that “anyone” can make a complaint. Rather, “only” everyone along the supply chain must be given this opportunity. Thus, the question of the type of system as well as the content requirements differs according to where potential whistleblowers are employed.

Confidentiality not anonymity is key

Confidentiality of those involved in the complaint process must be maintained. There is agreement that this means that the identity of the complainant must be protected. This protection must be ensured comprehensively, so that any further information that allows a conclusion to be drawn about the identity of the whistleblower must also be treated confidentially.

Confidentiality does not mean anonymity. The most important task therefore is to protect the complainant. This protection must be ensured comprehensively, so that any further information that allows a conclusion to be drawn about the identity of the whistleblower must also be treated confidentially. Confidentiality is essential to the extent that the implementation of such a procedure can only be profitable if it is also used. If the confidentiality of the entire procedure cannot be adequately maintained, the likelihood of its use is reduced. The use of the complaint procedure is based on a free will decision by the complainant, so that this will only take place in cases where trust in its use can be built up. In any event, this means that only those who are absolutely necessary for the investigation or resolution of the incident can be involved.

Confidentiality also extends to the company, but not to the subject of the complaint. The report and the subject matter can thus be treated separately, provided that no inferences can be drawn.

Protection against any unreasonable disadvantage

This covers any action by the company that represents a – negative – reaction to the filing of the complaint. It is immanent that comparable other employees who have not filed a complaint do not experience this and are thus treated differently. All unilateral measures are covered, such as warnings, transfers, dismissals, leaves of absence, etc. Inadmissible, however, would also be a failure to act, which could be reflected, for example, in a promotion not being granted. In a first right conclusion, further measures are also prohibited. Examples include intimidation, threats, and coercion. This should also include third parties, i.e., not only the person making the complaint but also his or her relatives and other related persons.

The prohibition of discrimination applies both to persons who make a justified complaint and to those whose complaint is unjustified. The intention is to protect the willful decision about the use of the procedure.

Participation of (local) committees

The explanatory memorandum to the Act provides that the target groups of the grievance mechanism are to be consulted about the design of the procedure. However, no statement is made on the nature of the participation as such. The participation of all persons involved in the supply chain can be regarded as unrealistic, so that here, too, reference can be made to employee representatives in the indirect and more direct supplier companies.

If for the German company a works council exists, a right of co-determination can be assumed in any case insofar as legal requirements are not implemented solely and exclusively. Section 87 (1) No. 1 of the Works Council Constitution Act (BetrVG) is applicable for the establishment of binding rules of conduct as well as Section 87 (1) No. 6 in the event a technical system is used for issuing the complaints.

Next steps to take

Implementation in individual cases is complex due to the large number of premises to be fulfilled and cases to be depicted. It is therefore essential to deal comprehensively with the individual situation in the company, not only to fulfill the legal requirements with regard to implementation, but also to do justice to the immense significance. The complaint procedure is used to report possible violations of prohibitions. This can only work in cases where there is confidence in the process as such on the part of the complainant.

Dr Kathrin Bürger

This article was originally published in LaborLawMagazine. You can find the article here: LINK

Adjusting HR practices without delay

Mon, 12 Sep 2022 18:00:00 +0200

"On June 23, 2022 the German Bundestag adopted a package of amendments to implement the EU Working Conditions Directive. The seemingly mundane amendments to the German Act on the Notification of Conditions Governing an Employment Relationship (Nachweisgesetz - NachwG) and other laws significantly extend the employer's obligation to provide (prospective) employees with information about key aspects of the employment relationshop. The package establishes minimum working conditions concerning the maximum duration of any probationary period, parallel employment, minimum predictability of work, requests for transition to a different form of employment, as well as mandatory training. Crucially, while the Act previously played an insignificant role, fines may now be imposed for failure to comply."

Read the full article by Dr Erik Schmid and Peter Weck, which appeared in Issue 3/2022 of LabourLawMagazine, starting on page 8 here or in the PDF attached.

One of a kind

Sun, 12 Jun 2022 18:00:00 +0200

"The German Supply Chain Act (Lieferkettensorgfaltspflichtengesetz - LkSG) commences in 2023. Within the first step, companies with more than 3,000 employees fall into the scope. From 01.01.2024, the threshold drops to 1,00 employees. In addition to the requirements for risk analysis and prevention regarding compliance with environmental protetion and human rights, companies within the scope of the law are also required to implement a complaints procedure, which has only been partially by law."

Read the full article by Dr Kathrin Bürger, which appeared in Issue 2/2022 of LabourLawMagazine, starting on page 11 here or in the PDF attached.

Numerous new laws to be expected as a result of the coalition agreement

Thu, 24 Mar 2022 17:00:00 +0100

The federal government wants to increase the minimum wage. This has been sharply criticized by unions and is considered unconstitutional.

Dare more progress - Alliance for freedom, justice and sustainability" is how the traffic light coalition has titled its 178-page coalition agreement for the years 2021 to 2025. The plans under the heading "Respect, opportunities and social security in the modern world of work" are of particular importance for all those working in the field of labor law and human resources. The following is an overview of some of the important topics.

You can read the full article by Markus Künzel in the PDF document below.

"The new German government has legislative projects that will pose challenges for companies"

Wed, 09 Feb 2022 17:00:00 +0100

"Germany’s new coalition government was sworn in on December 8th last. The substance of the agreement between the Social Democrats, Greens and Liberals contained several labor law proposals that are of interest to multinationals active in Germany. Markus Künzel, Advant Beiten’s Munich-based head of labor law, takes a look at the main ones."

Read the entire article by Markus Künzel, which was published by Leaders League on 10 February, by following this link.

Legal trends for the games industry in 2022 | Opinion

Sun, 23 Jan 2022 17:00:00 +0100

„Some legal journals look back on legal developments of the preceding year. We have taken our crystal balls and look into the future. Here are our predictions for 2022.

Metaverse
We do not know yet if and when the Metaverse will become the reality Mark Zuckerberg and Tim Sweeney are dreaming of. But we know for sure that a lot of money will be spent on this vision, and the games industry is in a pole position.“

Read the full article of Dr Andreas Lober together with Luca Guidobaldi, which appreared on gamesindustry.biz on 24 January, here.

Material amendments to occupational health and safaty regulations in the russian labour code

Sun, 16 Jan 2022 17:00:00 +0100

"Amendments to Section X of the Labour Code of the Russian Federation on occupational health and safety introduced by Federal Law No. 311-FZ dated 2 July 2021 enter into force on 1 March 2022. These amendments not only clarify and update the existing provisions of the Labour Code, but also introduce new rights and obligations of both employers and employees. In the following article we consider some new regulations that employers should take into account. "

The article by our Expert:ins Andrey Slepov and Elena Morozova in the Winter 2021-22 edition of Business Quaterly is available in English and Russian in our download area below.

Cartel Office sets its sights on Google

Tue, 11 Jan 2022 17:00:00 +0100

"The competition authority has been given new instruments for abuse control. Google is now feeling the effects. Alphabet Inc. and its subsidiary Google have an "outstanding cross-market significance" for competition. This was stated by the Federal Cartel Office right at the beginning of the year. This was the first time the authority applied the extended abuse control under a new provision of the Act against Restraints of Competition (Section 19a GWB), which came into force in January 2021."

The entire German article by Dr Andrea Pomana in the FAZ of 12.01.2022, can be viewed in full here.

Long-term investment agreements: legal and tax implications

Wed, 10 Nov 2021 17:00:00 +0100

"When deciding whether to invest in Russia, an investor usually considers preferential investment arrangements, tax benefits and government support available to the project, enabling the investor to maximise profitability. The ability to leverage such support in Russia is usually contingent on the conclusion of long-term investment agreements. In this article, we analyse three long-term investment agreements (Special Investment Contract, Investment Protection Agreement and a Special Economic Zone Agreement)."

The article by Bilgeis Mamedova and Anna Lesova published in the "How to invest in Russia" magazine can be viewed in full in the download area.

The International Comparative Legal Guide: Foreign Direct Investment Regimes 2022

Tue, 02 Nov 2021 17:00:00 +0100

This edition provides a global analysis of common issues in foreign direct investment regimes across 27 jurisdictions.

We are happy to contribute to this important publication with a whole chapter written by Georg Philipp Cotta, Dr Christian von Wistinghausen and Dr Patrick Alois Huebner.

If you are interessted in the whole publication: it is available on the webpage ICLG (International Comparative Legal Guides).

Home Office Forever? That doesn’t have to be the case, the Munich Regional Labor Court ruled

Wed, 27 Oct 2021 18:00:00 +0200

"According to the decision of the LAG Munich of August 26, 2021 (3 SaGa 13/21), employers may unilaterally order the return from the “home office”. Even before the COVID-19 pandemic, there were numerous discussions about whether there should be a right to fixed days of “home office” or mobile working. By now, a large number of employees is supposedly predominantly working from home. These are largely temporary arrangements that were primarily made for reasons related to COVID-19 and served to protect against infection. Currently, the question arises as to whether employees can be brought back to the office or to the company “just like that”. But at the same time, employees are asking themselves just how long they are actually still allowed (or even obliged) to work from home. Fortunately, the LAG Munich recently made a very clear decision regarding this question."

The article by Dr Dominik Sorber and Laura Anna Hagen was published in the online magazine LabourLawMagazine on 14 December 2021 and can be read here in full.

Coworking: Legal Guide

Wed, 13 Oct 2021 18:00:00 +0200

Even though coworking has existed globally since 2005, and in the Russian Federation since 2008, as a rule this has not become a widespread phenomenon. Even today not everyone understands what this term means. To date you can encounter a number of stereotypes about coworking, for example, that this is only an issue for freelancers or small businesses. At the same time, however, there has been sustainable growth in coworking. In other words, future potential corporate tenants, which had until recently operated from traditional offices, now need to understand its implications.

In this article Ekaterina Sidenko researches the legal specifics of coworking, the risks inherent in respective lease agreements, the role of confidentiality in coworking, compliance with the provisions of employment law and occupational health and safety, and other contested issues.

The article “Coworking: Legal Guide”, published in the journal Commercial Real Estate, September 2021 issue, is available in Russian in the materials below for downloading.

Book review: Museums and the Holocaust (Second Edition)

Tue, 28 Sep 2021 18:00:00 +0200

ISBN 978-1-903987-42-1, 342 pp. published by the Institute of Art and Law

"The second edition of Museums and the Holocaust, edited by Ruth Redmond Cooper, Director of the Institute of Art and Law, gathers the contributions of renowned specialists in the field of provenance research and related legal issues. This new edition demonstrates the efforts being made since the first edition, written by Professor Norman Palmer, was published in 2000.

While my anticipation was already piqued by the online launch of the book on Holocaust Memorial Day, my high expectations were exceeded. Divided into three major parts, the book gives a comprehensive overview of the current situation on Nazi-looted art and its connection to museums worldwide."

Adrienne Bauer, Rechtsanwältin ADVANT Beiten München

This book review has been published by Art Law Foundation and Institute of Art and Law. You can access the complete review in the pdf attached below.

Matrix structures: A look at court decisions and corporate practice

Sun, 19 Sep 2021 18:00:00 +0200

The practice

"I don't know whether I'm coming or going. I can hardly deal with the large number of tasks and I do not even know, to which team I've been assigned and who my boss is. This is also constantly changing, and, on top of that, I have a solid-line supervisor..."- these or similar statements are often heard when listening to employees in companies with a matrix organization. This heartfelt groan puts the complexity and the difficulty of the matrix organizational structure in a nutshell. This can lead to stress and overload with all its consequences."

The complete article by Dr. Thomas Drosdeck was published in LaborLaw Magazine (Issue 3, September 2021, p. 18) and can be accessed here.

Google's Voice Assistant in New EU Antitrust Investigation, MLex reports

Wed, 08 Sep 2021 18:00:00 +0200

"BRUSSELS/BANGALURU, Sept 9 (Reuters) - Google faces an EU antitrust investigation over whether it may be forcing device makers to install Google Assistant as the default voice assistant on Android devices, news agency MLex reported on Thursday.

A fresh EU antitrust case could expose Alphabet Inc's Google (GOOGL.O) to a fine as much as 10% of its global turnover. It has been fined more than 8 billion euros ($9.5 billion) by the European Commission in the last decade in three separate cases."

Dr Andrea Pomana provides her comments to Thomson Reuters on the latest antitrust investigation of the EU Commission into Google's voice assistant: LINK

The specifics of formalising “built-to-lease” and “built-to-suit” transactions

Tue, 06 Jul 2021 18:00:00 +0200

Over the past few years there has been a perceptible increase in the number of “built-to-lease” and “built-to-suit” transactions concluded on the Russian real estate market, in particular, in the warehouse segment. Oleg Ljaljutski explains what BTS transactions are from a legal standpoint and describes the most common problems that tend to arise when they are concluded in an article entitled: “A very mixed agreement. The specifics of formalising “built-to-lease” and “built-to-suit” transactions” in the Legal Practice section of the journal Commercial Real Estate, No. 11–12 (389–390), (1–2) June 2021.

The article is only available in Russian and can be accessed as a pdf file below.

Coronavirus labor law in Germany

Sun, 13 Jun 2021 18:00:00 +0200

"Labor law has never been more fast-moving than in the past year. There have never been as many new regulations in labor law as in the last 18 months. Which new impulses labor law received in the pandemic and which regulations should remain even after Covid will be shown in this article."

To read the full version of this article by Dr Michaela Felisiak and Dr Dominik Sorber, please visit www.deutscheranwaltspiegel.de/laborlaw or click the following Link.

Sustainable City of the Future: Legal Challenges

Wed, 07 Apr 2021 18:00:00 +0200

The concept of sustainable development has become part of the Russian legal agenda, in part thanks to the consequences of the pandemic. The pandemic updated the topic of the sustainable development of cities: the transfer of a number of services online, work with big data, the search for secure forms of communication, the focus on individual health and motivation at the workplace, the use of “smart” technologies in management and much else besides. Sustainable development today is represented by the environment and comfort, modern urbanism, lean consumption technologies and socio-cultural aspects. The experience of countries moving forward in this direction shows why cities are the drivers of such experiences and reforms, whose implementation is contingent on well-adjusted legal regulation. In the proposed article, Kamil Karibov and Ekterina Sidenko analyze the specific modern trends on the real estate market which embody the concept of sustainable development and the challenges posed by such trends for the legal system.

The article is available on Russian in the area below.

Unavoidable personnel reduction – negotiation strategy tips for fast, creative and legally secure implementation

Mon, 01 Feb 2021 17:00:00 +0100

"Legal Framework

Whether a pure personnel reduction constitutes a change in operations within the meaning of Section 111 BetrVG (German Works Constitution Act) and is therefore subject to the obligation of reconciliation of interests particularly depends on whether a certain threshold number of redundancies is exceeded with respect to a certain company size. These threshold numbers are based on Section 17 KSchG (German Protection Against Unfair Dismissals Act) and can be quantified as follows."

You can read the entire article on ELA Employment Law Alliance.

Concluding a lease agreement after the pandemic. What should a tenant pay attention to?

Mon, 23 Nov 2020 17:00:00 +0100

"The pandemic and the restrictive measures that came in its wake hit all market participants hard. The first to suffer, naturally, were tenants, who attempted (often
fruitlessly) to win a discount on rent from the landlord or the possibility of vacating leased premises without penalty. This resulted in headlines in the media about
how a considerable number of small and medium enterprises had not survived the lockdown, shuttered windows on cafés and stores, and also friends’ photos
of home offices or brand-new co-working setups on social media. Obviously, the landlords were the next in line: more and more premises stood empty. When
both sides of a legal relationship are suffering losses, it becomes reasonable to cooperate rather than compete, in order to save the business. As there could potentially
be a “second wave” of the pandemic, this should both be reflected in contracts. Let’s take a look at the conditions that a tenant should look to put in a lease agreement."

in: AEB Magazine "How to invest in Russia" 2020

The International Comparative Legal Guide: Foreign Direct Investment Regimes 2021

Wed, 11 Nov 2020 17:00:00 +0100

2nd Edition

This edition provides a global analysis of common issues in foreign direct investment regimes across 24 jurisdictions.

We are happy to contribute to this important publication with a whole chapter written by Georg Philipp Cotta, Dr Christian von Wistinghausen and Patrick Alois Huebner.

If you are interessted in the whole publication: it is available on the webpage ICLG (International Comparative Legal Guides).

Pre-shift medical examinations for employees driving vehicles who are not employed as official drivers - mandatory or voluntary?

Thu, 16 Apr 2020 18:00:00 +0200

At the end of 2018, amendments were introduced to Federal Law No. 196-FZ dated 10 December 1995 “On Road Traffic Safety” (the Road Traffic Safety Law). The key amendment is that previously the general requirements on road traffic safety imposed on legal entities and individual entrepreneurs (Article 20 of the Road Traffic Safety Law) only applied to legal entities that engage in activities related to the operation of vehicles, i.e. transport and logistics companies, etc.Now, the general requirements on road traffic safety apply to any legal entities and individual entrepreneurs that operate vehicles. In other words, any company that owns or rents a car must comply with these requirements.

This article was published in the "Safety, Health, Environment & Security", AEB Quarterly Magazin, Spring 2020, and can be downloaded in the area below.

Guide for Investors - Russia

Tue, 24 Mar 2020 17:00:00 +0100

The “Guide for Foreign Investors” is a unique publication. This kind of publication has never before been produced in either German or English. This guide was created with the support of the Ministry of Industry and Trade of the Russian Federation, the Industrial Development Fund of the Russian Federation, the German Committee on Eastern European Economic Relations, the Russian-German Foreign Trade Chamber, and the international law firm ADVANT Beiten.

Despite all of its current political and economic challenges, the Russian market has been and remains extremely attractive to foreign companies.

From the Contents:

Localization requirements in specific economic sectors (mechanical engineering, the automobile industry, medicine, pharmaceuticals, agricultural equipment/agriculture, and software/IT); federal and regional investment agreements, including special investment contracts; a critical, practically oriented look at the legal aspects that must be taken into consideration when setting up manufacturing facilities in Russia, in particular the practical aspects of design, construction and commissioning of production facilities, regional specifics, and tax issues.

Comprehensible, practical presentation, with an English Translation of key Legislation.

Target Audience

Businesses and law firms, CEOs, senior executives, CFOs, lawyers, researchers and students in Law and Economics, specialists in comparative law.

Publisher

Falk Tischendorf is an Attorney-at-law and the Managing Partner of the Moscow office of ADVANT Beiten. He has been advising international and Russian companies on the Russian market for more than 18 years.

If you are interested in the book "Guide for Investors - Russia", please contact Ms Ekaterina Leonova at Ekaterina.Leonova@a dvant-beiten.com.

Cheat software: Can publishers level the playing field?

Wed, 05 Feb 2020 17:00:00 +0100

Our legal expert Dr Andreas Lober offers practical advice to publishers battling the rise of cheat software in online games.

"In every walk of life, there have always been people who will take shortcuts to get ahead. The world of online games is no exception to this rule.

In recent years, releases such as Fortnite and PlayerUnknown's Battlegrounds have proved immensely popular, and brought online gaming even further into the mainstream. These games pit thousands – sometimes millions – of players against each other, or allow them to cooperate to overcome obstacles and progress. They fundamentally rely on a level playing field to ensure a challenging, equitable and enjoyable experience for the entire audience.

However, the popularity and intense competition of some games has attracted another type of player: ultra-competitive, willing to win by any means necessary, including cheating. At first, these players exploited glitches or create and control multiple accounts, giving themselves an unfair advantage. More recently, though, they have used powerful tools to manipulate the playing field -- cheat software, which gives them an edge over their fellow gamers."

You can read the entire article by Dr Andeas Lober on the gamesindustry-website.

Rethinking the Judiciary?!

Thu, 05 Dec 2019 17:00:00 +0100

"This has been the title of the 7th Symposium ‚Law – Made in Germany‘ on 6 November 2019 at the Chamber of Commerce in Frankfurt. Plenty of participants discussed intensively whether Germany needs a Commercial Court which other countries already have established or are about to establish. While on the continent (International) Commercial Courts are a fairly new phenomenon, in the Middle East and Asia such courts have been gradually set up for some time now. The European discussion has been fuelled by the Brexit which some expect to reduce the number of cases heard before the London Commercial Court, so far the only court in Europe that seems to attract major international commercial disputes."

Please read the full article by Dr Ralf Hafner at the website of DisputeResolution.

Tech giants – Taming made easy?

Tue, 26 Nov 2019 17:00:00 +0100

"The digital economy is developing at a rapid pace. Tech giants such as Google, Apple, Facebook or Amazon create constant pressure on competition law through their constant innovative development of new, complex business models. Network effects, data advantages and associated self-enhancing effects lead to strong and rapid concentration of market positions in a few companies in digital markets, which are difficult to combat with traditional antitrust instruments."

Read the entire German article by Dr Andrea Pomana, which appeared in Börsen-Zeitung Spezial on 27 November 2019, in the download area.

Key resellers claim legitimacy - the courts say otherwise | Opinion

Tue, 12 Nov 2019 17:00:00 +0100

"Buying activation keys on reseller websites currently ranks among the cheapest ways to purchase a game. While there is controversy between some of these platforms - such as G2A - and developers, users generally consider keys the perfect legal way to purchase games. However, this only applies to keys purchased from authorized vendors; these are usually not the surprisingly cheap offers and this is not the type of key selling this article focuses on."

Please read the full article by Dr Andreas Lober at the website of gamesindustry.

Protection of intellectual property in Russia: practical overview

Mon, 11 Nov 2019 17:00:00 +0100

Introduction

Practice shows that when companies plan to enter a new market, they usually prioritise supplying products to the new market as quickly as possible through subsidiaries or distributors, and gaining market share. In the process companies tend to put a number of important legal issues on the back burner, for instance, those related to the protection of intellectual property (IP). As a result, they only start paying attention to this issue when they have already been confronted by a number of difficulties, from seizure of their products by the customs authorities and actions related to suspected trademark infringement, to unfair competition through the sale of counterfeit products or registration of a domain name in contravention of their rights...

Please download the full article to continue reading.

There Are Sufficent Norms Already: On the Possibility of Amending and Canceling an Amicable Agreement

Mon, 15 Jul 2019 18:00:00 +0200

The article raises the hotly debated topic of whether it is possible to amend or cancel an amicable agreement on the initiative of only one of the parties. In his article on the topic “There Are Sufficent Norms Already: On the Possibility of Amending and Canceling an Amicable Agreement”, Sergey Morozov considers whether the existing legal toolkit is sufficient to properly govern relations associated with the implementation of amicable agreements, and whether providing a party with the ability to declare the amendment or cancellation of an amicable agreement on the basis of the norms of contract law could lead to this legal construction losing its meaning.

The article was published in Advokatskaya Gazeta, issue No. 5, 2019. Please download the full article to continue reading.

This article is in Russian only.

The Lawyer as Mediator

Sun, 14 Jul 2019 18:00:00 +0200

Issues of lawyers’ participation in the mediation process are of great current interest. With the development of mediation in Russia, more and more lawyers will be involved in this alternative means of dispute resolution. The advantages and disadvantages of having a lawyer participate in the mediation procedure, the legislative aspects governing such participation, and possible obstacles to this are examined by Sergey Morozov in his article “The Lawyer as Mediator”.

The article was published in Advokatskaya Gazeta, issue No. 1, 2019. Please download the full article to continue reading.

This article is in Russian only.

Review of current court practice related to migration law topics

Thu, 11 Jul 2019 18:00:00 +0200

Court decisions show how certain specific requirements and situations in the spherem of migration compliance are checked and treated in practice. Below we will outline some approaches in current court practice and summarise general related recommendations.

It will be hard to avoid punishment, but it is possible to reduce the degree of punishment

In practice, when challenging administrative penalties for violations of the formal requirements of Migration legislation (for example, the incorrect drafting of a notification on hiring or dismissal or the submission of a quarterly wage notice to a division not identified by legal acts), employers often refer to the insignificance of the violations committed...

Please download the full article to continue reading.

The International Comparative Legal Guide to: Data Protection 2019 - Germany

Wed, 10 Jul 2019 18:00:00 +0200

6th Edition

A practical cross-border insight into data protection law

The ICLG to: Data Protection Laws and Regulations covers relevant legislation and competent authorities, territorial scope, key principles, individual rights, registration formalities, appointment of data protection officer and of processors - in 42 jurisdictions.

We are happy to contribute to this important publication with a whole chapter written by Dr. Axel von Walter.

If you are interessted in the whole publication: it is available on the webpage ICLG (International Comparative Legal Guides).

Warranties and Representations in Real Estate Sale and Purchase Transactions: The Supreme Court Explains the Rules

Wed, 12 Jun 2019 18:00:00 +0200

A seller of real estate may conceal information that has an impact on the buyer’s decision to acquire real estate. Diverse legal regulation of the rights of the buyer to obtain reliable information on goods creates additional legal risks. Warranties and representations will help to even out the differences and expand the liability of the seller. Kamil Karibov considers these and other issues in his article on the topic “Warranties and Representations in Real Estate Sale and Purchase Transactions: The Supreme Court Explains the Rules” in the Corporate Lawyer magazine, 6/2019.

This article is in Russian only.

When There Is No Ban

Wed, 12 Jun 2019 18:00:00 +0200

Any ban on the consideration by arbitration tribunals of disputes arising from civil law relations must be set forth in the law. Alexander Bezborodov discusses the arbitrability of disputes in his article "When There Is No Ban" in Attorney's Gazette, Issue No. 11 (292), 1-15 June 2019.

This article is in Russian only.

Beyond the buzz? Getting to the crux of legal tech

Wed, 15 May 2019 18:00:00 +0200

The current (May) issue of fivehundred - the Legal 500 magazine - quotes Dr Axel von Walter a number of times on the 'legal tech' issue. The article outlines the meaning and innovations of legal tech, and professional changes it might bring about. Dr von Walter addresses whether legal tech might even replace lawyers in the future.

You will find the entire article on the Legal 500 website starting on page 91.

Third-party funding of arbitration: International experience and possible use in Russia

Sun, 14 Apr 2019 18:00:00 +0200

"The author considers the funding of arbitration by third parties (hereinafter – TPF), which is a comparatively new development in the case of both Russian and foreign law. He analyzes different definitions of such financing and the TPF mechanism; its advantages and drawbacks, inter alia, related to the champerty and maintenance doctrines; disclosure obligations in arbitration and possible conflicts of interest in connection with TPF; the recovery and security of arbitration costs in the case of TPF, and also the practice of regulating TPF in certain foreign countries. This represents the first attempt in Russian doctrine to provide comprehensive insight on TPF in Russia from the perspectives of substantive and procedural law.

Please download the full article to continue reading.

This article is in Russian.

Combination of arbitration and mediation during the resolution of commercial disputes

Sun, 14 Apr 2019 18:00:00 +0200

"At one point known to be simple and flexible, arbitration of commercial disputes is becoming more and more complex and cumbersome. The expenses of the parties are growing, while the proceedings take longer. In the final analysis, its popularity among users is falling. One of the possible solutions to this problem is the combination of arbitration with other alternative dispute resolution methods. The combination of arbitration and mediation, which already has an exemplary track record in the USA, Western Europe and Southeast Asia, is very effective. This article considers the combination of arbitration and mediation (particular attention is paid to the arb-med-arb model), its various forms, advantages and disadvantages. It analyzes the problems arising if arbitration and mediation are combined: whether the principle of due process is observed; whether arbitrators remain impartial when exercising the functions of mediator; and whether it is possible to enforce the mediation clause. It studies effective legal regulation of the combination of arbitration and mediation in Russia and the prospects regarding further use of this institution related to the reform of mediation being carried out in Russia..."

Please download the full article to continue reading.

This article is in Russian.

The International Comparative Legal Guide to: Merger Control 2018 - Germany

Wed, 20 Mar 2019 17:00:00 +0100

14th Edition

A practical cross-border insight into merger control issues

Merger Control covers common issues in merger control laws and regulations – including relevant authorities and legislation, notification and its impact on the transaction timetable, remedies, appeals and enforcement and substantive assessment – in 50 jurisdictions.

This guide provides the international practitioner and in-house counsel with a comprehensive worldwide legal analysis of the laws and regulations of merger control.

We are happy to contribute to this important publication with a whole chapter written by Georg Philipp Cotta and Uwe Wellmann.

If you are interessted in the whole publication: it is available on the webpage ICLG (International Comparative Legal Guides).