Litigation & ADR

The European Court of Human Rights has upheld the action brought against Switzerland by the association Klimaseniorinnen: Switzerland must do more to protect the climate. Around 2,000 climate lawsuits are currently pending worldwide. Isabelle Knoche, lawyer at KPMG Law, explains the significance of this ruling for Germany and what lessons can be learned for future […]

On November 17, 2023, the Bundestag passed a law to promote the use of video conferencing technology in civil and specialist courts. However, after the Bundesrat expressed reservations about the content, the Mediation Committee will first deal with the bill before the new rules can come into force. The draft law aims to make the […]

In some cases, defective products, data protection violations or breaches of antitrust law lead to mass lawsuits. The many proceedings challenge the courts, which have to decide on each claim individually. A lawsuit is often a financial risk for consumers. The legislator had already reduced this risk with the model declaratory action. Consumer associations can […]

New developments mainly concern the major topics of ESG and digitalisation. Legislation usually follows economic and social developments and trends. This is also reflected in the new legislation for 2024. Two topics were on the agenda of German and European parliaments: the fight against climate change and digitalisation. A number of new legal regulations have […]

Gerrit Rixen and Jonas Brueckner provide an overview of the relevant legal regulations in the area of Competition & Litigation in a practical guide on Legal 500. The guide is available as a PDF and can also be found on the Legal 500 website.    

Around the world, citizens and non-governmental organizations are filing more and more lawsuits against governments and companies. More and more often, the courts are agreeing with them, as was recently the case in the U.S. state of Montana, giving a foretaste of the increasing risk of lawsuits for companies. KPMG Law experts Isabelle Knoche and […]

Greenwashing is increasingly becoming an image and legal problem. Where are the boundaries and how should brands set up their communication on sustainability? Isabelle Knoché and Jasmin Runge answer the most important questions in W&V, as targeted measures can significantly reduce the risks of greenwashing charges. You can find the entire article here .  

CO₂ compensation is not synonymous with the terms “climate neutral” or “environmentally neutral”. A lawsuit filed by Deutsche Umwelthilfe led to a ban on the use of the “climate neutral” and “environmentally neutral” labels. The Regional Court (LG) of Karlsruhe (Az. 13 O 46/22 KfH) has ruled that a drugstore chain may no longer advertise […]

Around the world, more and more NGOs and private individuals are taking legal action to advance the achievement of climate protection goals. Defendants in climate lawsuits are states and, increasingly, private companies or their corporate bodies. German courts are also busy with the proceedings. Among other things, the plaintiffs cite the so-called climate decision of […]

The legally compliant structuring of compensation, in particular for exempt works council members, is a recurring challenge in practice. Due to its legal conception, works council compensation is associated with considerable risks – risks for the company and its involved HR managers, but also for the individual works council member. For even if the parties […]