News & Analysis as of August 16, 2025

Non-Compete Agreements › Employment Contract › Germany

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Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a... more +

Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a certain industry or locale. The purpose of these agreements is to protect employers or business purchasers from competition stemming from former employees or former owners of a business. less -

Formal Simplifications for Employment Contracts

Morgan Lewis on 2/19/2025

The Fourth Bureaucracy Relief Act also amended the Evidence Act. Employers no longer need to inform employees of the essential contractual terms of the employment relationship in writing, but only in text form. This means...more

Legal Ninja Snapshot: #Employment Contracts: Digital Employment Contracts in Germany – But When is a Wet Ink Signature Still...

Orrick, Herrington & Sutcliffe LLP on 1/10/2025

Digital Employment Contracts Are Now Generally Allowed With the new year, the Fourth Bureaucracy Reduction Act ("BEG IV") brings more flexibility by replacing the need for written form and qualified electronic signatures with...more

Germany: Restrictive Covenants

Mayer Brown on 7/26/2024

AT A GLANCE - Employees in Germany are subject to statutory non-competition and non-solicitation obligations during an employment relationship. Similar statutory restrictions apply to directors and board members as long as...more

Update Nachweisgesetz – Künftig Textform statt Schriftform ausreichend?

McDermott Will & Schulte on 3/28/2024

Bereits seit dem 1. August 2022 gilt das „neue“ Nachweisgesetz („NachwG“), das die Arbeitgeber u.a. dazu verpflichtet, ihren Mitarbeitern eine schriftliche (= mit Originalunterschrift versehene) Niederschrift über die...more

Employment Flash - June 2023

Skadden, Arps, Slate, Meagher & Flom LLP on 6/23/2023

New York, Minnesota and NLRB Act To Limit Noncompetes - New York Legislature Passes Bill To Ban Post-Employment Noncompetes - On June 20, 2023, the New York state Legislature passed a bill that bans post-employment...more

Legal Q&A | Non-Compete Clauses

Orrick, Herrington & Sutcliffe LLP on 6/6/2020

This Legal Q&A two pager gives an overview of non-compete clauses with a focus on postcontractual non-competes. Non-compete clauses can effectively protect the know-how of companies, especially in the tech sector. But their...more

Orrick’s 101 – Legal Q&A Non-Compete Clauses

Orrick, Herrington & Sutcliffe LLP on 4/3/2020

This Legal Q&A two pager gives an overview of non-compete clauses with a focus on post-contractual non-competes. Non-compete clauses can effectively protect the know-how of companies, especially in the tech sector. But their...more

Post-Contractual Non-Competes – a never ending story

BCLP on 5/1/2018

There are few clauses in employment contracts more heavily debated than Non-Competition Clauses (post-contractual non-competes). While employers tend to include them rather easily in order to protect company secrets beyond...more

At Will? What’s That?

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/2/2015

Did you know that employees in most countries outside the United States have a contractual right to continued employment, whether or not they have written contract? If an employer does not provide an employee with a written...more

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