Germany: Corporate/Commercial Law

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Article
Cash Pooling In A Crisis – Directors’ Duties And Liquidity Protection
A crisis at the cash-pool leader does not automatically make cash pooling impermissible. It does, however, materially intensify the review, monitoring and documentation duties of managing directors at the level of each participating company. The key issues are recoverability of the repayment claim, practical access to pooled funds and protection of the company’s own minimum liquidity.
Germany Commercial
RF
Rimon Falkenfort
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Article
German Merger Control Amendments: Easing Filings And Process While Widening The Net For AI Partnerships
Germany is set to raise merger control thresholds and introduce a new "phase 0" filing process for transactions caught by the transaction value test. The proposed 12th amendment to the German Competition Act also includes subtle but significant changes that could enable the Federal Cartel Office to more easily scrutinize AI partnerships and other non-traditional deals.
Germany Anti-trust
AO
A&O Shearman
Article
AI Disruption In European SaaS: Understanding Distress Signals And What It Takes To Win
The rise of generative and agentic AI is fundamentally disrupting the SaaS sector, threatening traditional seat-based pricing models and creating a stark divide between resilient platforms and vulnerable mid-market vendors. As AI-driven competition intensifies and a significant refinancing wave approaches in 2027-28, private equity sponsors and lenders face unprecedented challenges in evaluating software investments and managing portfolio risk.
European Union Technology
A
AlixPartners
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Article
Deepfakes, Chatbots, AI-Generated Text: European Commission Details Transparency Obligations Under The AI Act
The European Commission has published draft guidelines interpreting the AI Act's transparency obligations, establishing when and how organizations must disclose AI-generated content, deepfakes, and automated interactions. These guidelines clarify that deepfake labeling applies regardless of intent to deceive, that AI systems must identify themselves at the point of interaction, and that the editorial review exception for AI-generated text requires substantive human oversight with clear accountability.
European Union Technology
GT
Greenberg Traurig, LLP
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Article
Deepfakes, Chatbots, AI-Generated Text: European Commission Details Transparency Obligations Under The AI Act
The European Commission has published draft guidelines interpreting the AI Act's transparency obligations, establishing when and how organizations must disclose AI-generated content, deepfakes, and automated interactions. These guidelines clarify that deepfake labeling applies regardless of intent to deceive, that AI systems must identify themselves at the point of interaction, and that the editorial review exception for AI-generated text requires substantive human oversight with clear accountability.
European Union Technology
GT
Greenberg Traurig, LLP
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