On February 07, 2024, I gave a lecture on "Whistleblowing: Incentives and Situational Determinants" at the Freie Universität Berlin. The event took place as part of the joint seminar with LSC-The Laws of Social Cohesion and is a part of the seminar series Preventing Corporate Misconduct of the Empirical Legal Studies Center (FUELS).
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Lecture: "Whistleblowing: Incentives and Situational Determinants"
Contribution "Compliance and Whistleblowing in Stock Corporation, Antitrust and Capital Market Law" (in German)
Issues of whistleblower protection are also relevant for corporate governance, particularly as a result of the German Whistleblower Protection Act (HinSchG) and the German Corporate Governance Code (DCGK). For this reason, the recently published handbook "Unternehmensführung durch Vorstand und Aufsichtsrat", edited by Peter Hommelhoff, Klaus Hopt and Patrick Leyens, includes my contribution on "Compliance and Whistleblowing in Stock Corporation, Antitrust and Capital Market Law" (in German). More information about the handbook can be found here.
Presentation at the fourth European Company Case Law Conference in Lisbon
On November 3, I gave a presentation with the title "Multiple-voting Shares on the Rise - Some Remarks on Dual Class Structures from a German Perspective" at the fourth "European Company Case Law (ECCL) Conference on Dual Class Share Structures and EU Companies' Access to Capital" in Lisbon.
In the presentation, I dealt with multiple-voting shares from a German perspective, focusing in particular on the effects of the planned "Law on Financing the Future" and the new Section 135a of the German Stock Corporation Act (GSCA).
New edition "Economic Methods in Law" open-access
The textbook "Economic Methods in Law" by Emanuel V. Towfigh and Niels Petersen(in German) is now available in its third edition and provides access to the legal economic method and its application for German lawyers. Within § 5 I write about contract theory and the economic analysis of contract law
The new edition takes into account current developments and has been optimized for digital use through internal and external linking. The eBook is directly available in open access here.
Article: Die Haftung des Kommanditisten gem. §§ 30, 31 GmbHG analog für Zuwendungen aus dem Vermögen der GmbH & Co. KG, GmbHR 2023, 1019-1028
In the current issue of GmbHR Heft 19 (01 October 2023) I write about questions of limited partner liability in the GmbH & Co. KG.
The liability of the limited partner pursuant to §§ 30, 31 GmbHG analogously for contributions from the assets of the GmbH & Co. KG is beyond dispute. However, difficult questions still await definitive clarification. My contribution therefore attempts to once again clarify the function of this liability. With the help of a glance at Austrian law, it becomes possible to answer questions on limited partner liability that have been the subject of controversial debate up to the present day.
Interview on the new Whistleblower Protection Act
Capital Magazin asked me about the new Whistleblower Protection Act. You can find the resulting interviewe here (in German).
Market Abuse Regulation (MAR) 2. Edition
In June 2023, the second edition of the commentary on the Market Abuse Regulation (MAR) edited by Lars Klöhn was published by C.H.BECK Verlag.
This volume provides a comprehensive commentary on the Market Abuse Regulation, in particular on ad hoc publicity, the prohibition of insider dealing and market manipulation, the obligation to keep insider lists, and the publicity of directors' dealings.
I myself have contributed with commentaries on Art. 12, 13 and 15 together with the preface (market manipulation) and Art. 20 (investment recommendations).
You can find further information here.
Lecture on Comparative Corporate Law from an EU Perspective
On June 22, 2023, I delivered a three-hour online lecture on "Comparative Corporate Law from an EU Perspective." The lecture was held as part of a course in Comparative Corporate Law for a Business Law Master's program at the law faculty of the Universidad de los Andes in Chile.
Clash of Cultures: The Whistleblowing Directive and National Company Law
On June 16, 2023, I gave a presentation titled 'Clash of Cultures: The Whistleblowing Directive and National Company Law' at the WU Vienna as part of the conference 'Implementation of the EU Whistleblowing Directive' organized by FOWI - Research Institute for Central and Eastern European Business Law.
The New Regime of Whistleblower Protection in the EU – Making Corporations More Resilient to Compliance Risks
Am 12.05.2023 habe ich im Rahmen des II German-Spanish Symposium zum Thema "Future Challenges in Company and Capital Markets Law: ESG (Sustainability) – Digitilization – Resilience (Restructuring)" der Universidad Autónoma de Madrid, in Zusammenarbeit mit dem Max-Planck-Institut, einen Vortrag mit dem Titel "The New Regime of Whistleblower Protection in the EU – Making Corporations More Resilient to Compliance Risks" gehalten.