The topic of the XI. German-Polish Compliance-Forum, which will take place on October 23rd 2018 in the trading room of the Warsaw Stock Exchange, is “Compliance-Standards as a Possibility of Avoidance of Liability?” The Forum is organized by the Viadrina Compliance Center of the Viadrina European University and the Polish Institute for Compliance. It will feature top of the class consultants in legislative initiatives, which have been developed under the influence of the concept of compliance and the standards related to it during the past years in Germany, Poland and worldwide.
The importance of the compliance-concept has become clear to the general public not only through the new European General Data Protection Regulation, but through the manipulation of the off-gas treatment in cars as well. The participation of the German ambassador and high-ranking representatives of the Polish and German Justice Departments as well as representatives of the European Union evidence how important this subject is for the field of law making and business culture.
MeisterRechtsanwälte will be represented at two panels through specialized lectures. Harald Hess, LL.M. will be part of panel 1 (“Between Sanctioning and Awarding - Trends in Corporate Criminal Law”). The question of how expedient planned legislative initiatives meant to harshen the sanctioning of companies in the future in Germany and Poland are, will be the main focus of panel 1.
Panel 3 (“Whistleblowing: Functions, Methods, Whistleblower Protection and Latest Legislative Initiatives”) will be hosting Prof. Dr. Claus Köhler, the Vice-president of the Permanent Court of Arbitration of the German-Polish Chamber of Commerce, who is also a member of MeisterRechtsanwälte. The speakers will, amongst other things, analyze which measures in individual jurisdictions should be taken in order to protect whistleblowers.
Following the great success of the first annual conference of the AHK in Bucharest, "How to Build Trust in Institutional Arbitration", the German-Romanian Chamber of Commerce has, together with the Board of Permanent Court of Arbitration chaired by its President, Prof. Dr. Claus Köhler, put together an attractive program for in-house lawyers, attorneys-at-law and academics for the Second Annual Conference in Bucharest. On September 27, 2018, European arbitration experts will discuss the benefits of arbitration in dispute resolution under the title "Arbitration: Added Value to Dispute Resolution".
The conference is moderated by Prof. Dr. Köhler, who also gives a presentation on "Emergency Arbitrator/Interim Measures".
On October 12, 2017, Prof. Dr. Claus Köhler in his function as president of the Permanent Court of Arbitration of the German-Romanian Chamber of Commerce in Bucharest will take part (welcoming address and conclusion) in the conference “How to Build Trust in Institutional Arbitration” organized by the International Court of Arbitration in Bucharest, Rumania. Furthermore, he will chair the two panels “International Perspective on Arbitration” and “Best Practice” at which the participants will discuss on arbitration. The conference, carried out in English and Romanian simultaneously, brings experts from all Europe together who will report on their practice. Information on the program can be obtained via the following link: http://rumaenien.ahk.de/fileadmin/ahk_rumaenien/Dokumente/Veranstaltungen/Agenda_-_How_to_Build_Trust_in_Institutional_Arbitration_DE.pdf
In the course of the event series "SoCompliance", organized by the Compliance Academy and the Viadrina Compliance Center, on June 1, 2017 attorney-at-law Stefan Höfling gave a lecture in Munich on current compliance issues with respect to antitrust compliance and the plans aiming to the introduction of a competition registry. The innovations resulting from the 9th amendment of the German Restriction of Competition Act which meanwhile came into force have an impact on the specific obligations of companies which need to be identified. "It is not only important for the companies to avoid and prevent cartel infringements, but it also matters that the executive management seeks for the current and future securing and enforceability of cartel claims to which the company itself is entitled due to cartel infringements, e.g. by its suppliers. The same applies to cartel infringements by the own company, as also in such case the company's interests should be safeguarded with respect to damages which might later be claimed towards the company." said attorney-at-law Stefan Höfling. "It is - taking into account the increasing importance of so called follow-on-claims - by no means just a question of preventing cartel infringements."
On October 21, 2015, the second BCM Campus Day in the office premises of MEISTERRECHTSANWÄLTE dealing with the topic „Compliance with respect to Competition and Antitrust Law – Current Issues” took place as part of the lecture series Campus Days initiated by the professional association of compliance managers (“Berufsverband der Compliance Manager”, “BCM”).
Prof. Dr. Claus Köhler based the half-day seminar on practical cases. These cases, where the non-existence, the malfunction respectively, of a Compliance Management System resulted in serious legal consequences with respect to antitrust law, were the starting point for a description of the legal obligations of those responsible in a company, thus also of the Compliance Manager, for an analysis of measures to prevent and detect infringements of antitrust law as well as the correct conduct in crisis situations.
On July 27, 2015, „Compliance with respect to Competition and Antitrust Law – Current Issues” was the topic of a half-day seminar as part of the lecture series Campus Days initiated by the professional association of compliance managers (“Berufsverband der Compliance Manager”, “BCM”).
Prof. Dr. Claus Köhler, who also was the lecturer, had developed the seminar which was based on practical cases. These cases, where the non-existence, the malfunction respectively, of a Compliance Management System resulted in serious legal consequences with respect to antitrust law, were the starting point for a description of the legal obligations of those responsible in a company, thus also of the Compliance Manager, for an analysis of measures to prevent and detect infringements of antitrust law as well as the correct conduct in crisis situations. A follow-up event is scheduled for October 21, 2015.
Due to the great success of the recent MEISTERRECHTSANWÄLTE Compliance Roundtable, the third Compliance Roundtable was held on March 25, 2015, in a different format, again on data protection.
Mr. Thomas Elsasser, Bavarian State Office for the Protection of the Constitution,
Mr. Dennis Grabherr, Chief Legal Counsel & Head of Data Governance and
Dr. rer. nat Martin Höfling, graduate physicist, TNG Technology Consulting GmbH
Reported on the following topics:
Protection of know-how against industrial and concurrents’ espionage as well as cyber attacs;
Data Governance with respect to service providers and business partners;
Most recent development with respect to attackers of company IT systems and business data.
The Second Meister Rechtsanwälte Compliance Roundtable was held on October 16, 2014. The participants discussed on the basis of the statements of Mr. Dennis Grabherr, globally acting as executive for internationally operating companies, the following issues:
Starting point: Compliance while dealing with clients’ data as necessary prerequisite of constantly growing importance for sustainable business success and as positive distinguishing feature in the market;
Risks: Constant intensification of legal consequences in case of breach of legal and contractual provisions;
Risk analysis: Identification of typical risks arising while dealing with clients’ data (data processing by subcontractors; international data transfer; outsourcing and off-shoring);
Processes: Typical procedural reasons for legal infringements while dealing with clients’ data; Minimizing of risks and prevention in concern structures
The Third Meister Rechtsanwälte Compliance Roundtable is scheduled for spring 2015.
The First Meister Rechtsanwälte Compliance Roundtable was held on January 28, 2014. On the basis of the statements of Dr. Walther Prem, Director of Bayerische Landesbank, in charge for Compliance Principles and Compliance Management Systems, the participants discussed amongst others, the following issues:
Compliance as an advantage in competition from the point of view of customers, lenders and rating agencies;
Non-compliance as risk for the repute of the management and the business (external affairs risks in the context of social media);
Requirements of the monitoring of internal communication behavior (back to paper and tangible files).
The issues above were commented by the participants in the context of corporate, tax, employment, data-protection and anti-bribery laws. The Second Meister Rechtsanwälte Compliance Roundtable will be held in fall 2014.