Heymann & Partner Rechsanwälte

Heymann & Partner IT Newsletter on the new European Uniform Patent dated 20 February, 2013 by Dr. Katharina Scheja.

Compliance with data protection law may matter in all stages of an M&A or other corporate transaction. In an article publiched in the 2012/2013 issue of the Juve Handbook, Dr. Lars Lensdorf and Titus Walek provide a brief overview of the main issues around this topic.

To read the article, please click here.

The corporate finance magazine Acquisition International (October 2012 issue) published an interview with Titus Walek on the current state of the tech M&A market.

To read the interview, please click here.

In an M&A transaction involving the sale of shares in a limited liability company (GmbH), transfer of title to the shares sold would usually be subject to the condition precedent of paymant by the purchaser of the purchase price and, possibly, additional conditions precedent (e.g. merger clearance). Since 2008, when the concept of "bona-fide purchaser" was incorporated into the Limited Liability Company Act (GmbHG), the question has lingered: could the seller, in the case of such a conditional transfer to the purchaser of the shares sold, validly transfer the same shares to a bona-fide third party if such subsequent share transfer was effected prior to the fulfilment of the condition precedent, thereby frustrating the acquisition of the shares by the purchaser? In a ruling handed down on 20 September 2011, the Federal Supreme Court has anwered that question in the negative. Titus Walek discussed the ruling in the 12/2012 issue of Juristenzeitung (JZ 2012, 608-618) and analyzed its implications for similar cases.

This article, written by Dr. Henning Bloss was published in: Global Reference Guide 2012, Bankruptcy & Restructuring, Financier Worldwide

The corporate finance magazine Acquisition International (April 2012 edition) published an article discussing why IT due diligence can be pivotal for a successful M&A transaction. Titus Walek and Dr. Moritz Hüsch contributed to that article. To read the article, please click here.

Im Nachgang zu unserem Business Afternoon "Neue Entwicklungen im IT-Recht 2012" vom 29.03.2012 in unseren Räumen können Sie die Vortragspräsentation hier ansehen.

Dr. Henning Bloß has written a memo on the recent German insolvency law reform coming into effect on March 1, 2012 which significantly increases the creditors' influence in insolvency proceedings. To read the memo please click here.