D & O and the “dark machinations” of the Big Five

The SPIEGEL wants to have uncovered dark machinations of the great German car managers. If the revelations prove true, Daimler, BMW, Audi, Porsche and Volkswagen may face severe fines amounting to billions. Up to ten percent of annual turnover can be fined in cartel proceedings. And these are not peanuts in the German “Big Five”. […]

Property damage liability: Risks in the event of reorganisation and termination of insurance cover

– Whereupon in particular financial plant mediators in accordance with § 34 f exp. 1 GewO and intermediaries of financial services according to § 34 c GewO, as well as insurance brokers have to pay attention to –   Currently, thousands and thousands of advisors and brokers are receiving notices from their asset protection liability […]

Insurance Broker Liability in the Light of the Reform of the German Insurance Contract Act (VVG)

Why medium-sized businesses and industry are increasingly suing insurance brokers?   The responsibility of insurance brokers is considerable. As representatives of the client’s interests, brokers have an abundance of contractual and legal obligations, which they often cannot or do not want to take care of due to time constraints, especially if they promise unnecessarily much […]

Software ohne Qualitätsmanagement als Haftungsfalle !

Software without quality management as a liability trap ! “The hardest part of having an idea is not having it, but knowing if it’s good.” (Chris Howland) In the advertisement of some software manufacturer it is said: “Of course with liability-safe consulting protocol after the current legal changes. However, on closer examination, it may turn […]

Professor, tax consultant or lawyer as a supervisory board member? – Legal prohibitions and void consultancy or mandate agreements

*by Dr. Johannes Fiala, Lawyer (Munich), Mediator (Univ.), MBA Financial Services (Univ.Wales), MM (Univ.), Certified Financial and Investment Advisor (A.F.A.), EC Expert (C.I.F.E.), Lecturer in Civil and Insurance Law (Univ. of Cooperative Education), Banker (www.fiala.de) For the intermediary or financial service provider, the question of the plausibility of the concepts as well as the seriousness […]

Company pension scheme (bAV) and working time account models (ZWK) – New BGH ruling on reversal in the case of capital investment in closed participations

*by Dr. Johannes Fiala, Lawyer (Munich), Mediator (Univ.), MBA Financial Services (Univ.Wales), MM (Univ.), Certified Financial and Investment Advisor (A.F.A.), EC Expert (C.I.F.E.), Lecturer in Civil and Insurance Law (Univ. of Cooperative Education), Banker (www.fiala.de) You can’t solve a problem with the same mindset that created it. (Albert Einstein) Also renowned offerers of closed participation […]

Credit institutions and insurance distributors are liable for leverage transactions*.

*by Dr. Johannes Fiala, Lawyer (Munich), Mediator (Univ.), MBA Financial Services (Univ.Wales), MM (Univ.), Certified Financial and Investment Advisor (A.F.A.), EC Expert (C.I.F.E.), Lecturer in Civil Law (Univ. of Cooperative Education), Banker (www.fiala.de) Who does not know them, the so-called leverage models – an instrument to multiply the sales commission: The customer invests in an […]

Credit institutions and insurance distributors are liable for leverage transactions

*by Dr. Johannes Fiala, Lawyer (Munich), Mediator (Univ.), MBA Financial Services (Univ.Wales), MM (Univ.), Certified Financial and Investment Advisor (A.F.A.), EC Expert (C.I.F.E.), Lecturer in Civil Law (Univ. of Cooperative Education), Banker (www.fiala.de) Who does not know them, the so-called leverage models – an instrument to multiply the sales commission: The customer invests in an […]

Vermittler- und Vertriebsrecht: Software ohne Qualitätsmanagement als Haftungsfalle !

Practical rule: No liability-proof consulting protocol software?   “The hardest part of having an idea is not having it, but knowing if it’s good.” (Chris Howland)   The advertising of many a software manufacturer says: “Of course, with a liability-proof consultation protocol in accordance with the current legal changes.” However, a close examination may reveal […]