avatar

Tom Braegelmann

Author's details

Name: Tom Braegelmann
Date registered: October 21, 2014

Latest posts

  1. Landmark Decision by German Federal Court of Justice Affecting License Purchases in the Insolvency Context — June 29, 2016
  2. Federal Court of Justice attenuates management liability risks for payments made after the company’s insolvency — March 15, 2016
  3. Major Clawback Reform in Germany Getting Closer — February 26, 2016
  4. Director Liability in an International Context — February 9, 2016

Author's posts listings

Landmark Decision by German Federal Court of Justice Affecting License Purchases in the Insolvency Context

License purchases can be excluded from the insolvency administrator’s right to reject or assume contracts By Peter Jark, Stefan Dittmer and Tom Braegelmann and Fabian Hollwitz The Federal Court of Justice (Bundesgerichtshof – “BGH”) on 21 October 2015 issued a landmark decision that is of utmost importance to restructuring and the intellectual property law (case …

Continue reading »

Permanent link to this article: http://blogs.dlapiper.com/derestructuring/2016/06/29/landmark-decision-by-german-federal-court-of-justice-affecting-license-purchases-in-the-insolvency-context/

Federal Court of Justice attenuates management liability risks for payments made after the company’s insolvency

By Dr. Philipp Clemens The liability regime under Section 64 sentence 1 GmbHG and Sections 92 para. 2, 93 para. 3 Nr. 6 AktG for payments made after the company’s insolvency imposes severe personal liability risk on the management of limited liability companies and stock corporations. This does not only apply to the management of …

Continue reading »

Permanent link to this article: http://blogs.dlapiper.com/derestructuring/2016/03/15/federal-court-of-justice-attenuates-management-liability-risks-for-payments-made-after-the-companys-insolvency/

Major Clawback Reform in Germany Getting Closer

Major Clawback reform in Germany Getting Closer By Tom Braegelmann On February 24, 2016, the legal committee (Rechtsausschuss) of the German parliament (Bundestag) held a hearing on the proposed reform to considerably limit the clawback regime (Insolvenzanfechtung) in the German insolvency code (Insolvenzordnung – InsO). The general gist of hearing was that the current German …

Continue reading »

Permanent link to this article: http://blogs.dlapiper.com/derestructuring/2016/02/26/major-clawback-reform-in-germany-getting-closer/

Director Liability in an International Context

ECJ: Director Liability Under German Law Applies to Directors of insolvent English Limited Company with its COMI in Germany By Peter Jark and Tom Braegelmann The European Court of Justice (“ECJ“) on 10 December 2015 issued a decision (case no. C-594/14, Simona Kornhaas v. Thomas Dithmar, available here) that is of immense relevance for all …

Continue reading »

Permanent link to this article: http://blogs.dlapiper.com/derestructuring/2016/02/09/director-liability-in-an-international-context/