Non-disclosure agreements (NDAs) typically contain liquidated damages clauses to ensure compliance with confidentiality obligations. A recent decision by the Cologne Regional Labor Court (LAG) dated January 29, 2026 (Case No.: (…) Read more
Posts Tagged ‘Employee’
Frankfurt Regional Court: Perpetual jurisdiction of Labor Courts for action against former employees (?)
Numerous proceedings under the German Act on the Protection of Trade Secrets (GeschGehG) relate to an employment relationship. This has significant implications for legal advice and litigation, as such cases (…) Read more
Federal Court of Justice (BGH): Memory performance in Trade Secrets Litigation – The limits of memory
A common defense argument in trade secrets litigation is the claim that the defendant did not copy or take any documents but rather retained certain information in their memory. Given (…) Read more
Saxony Regional Labor Court: Enforcement of a Clean Desk Policy
To protect trade secrets, the holder must take appropriate protective measures, including in the area of work organization. In a recently issued decision, the Saxony Regional Labor Court clarified that (…) Read more
Hamburg Labor Court: Cocktail recipe is not a trade secret
In a labor law case, the Hamburg Labor Court ruled that a cocktail recipe did not qualify as a trade secret (decision dated July 1, 2021, Case No. 4 Ca (…) Read more
Case law on reasonable confidentiality measures
Legal uncertainty persists for holders of trade secrets regarding the specific requirements for “reasonable confidentiality measures” within the meaning of Section 2 no. 1 b) of the German Act on (…) Read more
Risk of a violation of the trade secrets act following an employee’s change of employer – is the “Clean Team” a solution?
A common trigger for the German Act on the Protection of Trade Secret (GeschGehG) proceedings is an employee’s move to a new employer. Not only the – impermissible – removal (…) Read more
Gathering evidence by accessing employees’ email accounts
It’s a typical scenario: A former employee starts their own business or goes to work for a competitor. There is some evidence to suggest that the employee used trade secrets (…) Read more