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Nils Neumann, LL.M.

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Nils Neumann is a partner in the firm’s Berlin office and concentrates his practice in labor, employment and workplace safety. He advises German and international companies on individual and collective employment law issues.

In particular, he guides employers throughout the entire employment-related process, including market entry, staffing and management, drafting and implementation process of employment conditions, day-to-day work life challenges, and terminations of employment and discontinuation of business activities.

He regularly represents clients in the presence of German employment courts and accompanies negotiations with works councils. Additionally, Mr. Neumann advises on complex employment aspects of corporate transactions, reorganizations, and restructuring measures.

Professional Background

Mr. Neumann joined K&L Gates in June 2012 and has been seconded to the firm’s London office in 2015. During his legal clerkship he worked for leading international law firms and the German Federal Ministry of the Interior. He studied law at the Justus Liebig University Giessen and King’s College London, where he was awarded an LL.M. in International Business Law. In 2018, he qualified as a Specialist Lawyer for Labor and Employment Law (Fachanwalt für Arbeitsrecht). Mr. Neumann is regularly publishing, giving lectures and holding workshops in his area of practice.

Speaking Engagements

  • Minimum-wage lecture at the BER Business Club of the Unternehmerverband Brandenburg-Berlin e.V., 24 February 2016.
  • Legal Awareness in HR at the Gruenderszene HR Day, 28 September 2017 and 26 April 2018.
  • Key Legal Developments in Europe at HR Directors Summit Europe, Amsterdam, 23 May 2018.
  • Various start-up lectures and workshops, most recently for the MIT Enterprise Forum, Start Alliance Berlin and in the context of the intrapreneurship program of an international provider of mobility and logistics services.
  • Webinars on dismissal protection, non-competes, visas and other current employment law developments.

Additional Information

  • Invalidity of Post-Contractual Non-Compete Covenants with Executives in the Event of Excessive Material Scope, comment on German Federal Labor Court ruling of 2 August 2018, GWR 2019, issue 8, p. 146, together with Leonie Abendroth (German article)
  • No Company Practice in Case of Presumed Legal Obligation, comment on German Federal Labor Court ruling of 11 July 2018, GWR 2019, issue 3, p. 54, together with Leonie Abendroth (German article)
  • Justifying the Rejection of a Severely Disabled Applicant, comment on German Federal Labor Court ruling of 28 September 2017, GWR 2019, issue 2, p. 35, together with Leonie Abendroth (German article)
  • No Preferential Treatment of a Works Council Member by Termination Agreement, comment on German Federal Labor Court ruling of 21 March 2018, GWR 2018, issue 17, p. 340, together with Leonie Abendroth (German article)
  • Case Law Shift Concerning Employee Misclassification Criminal Liability, comment on (German) Federal Supreme Court ruling of 24 January 2018, AuA 2018, issue 8, p. 491, together with Leonie Abendroth (German article)
  • Requirement of Clarity on the Source of Law in Case of Multi-Party Works Agreements, comment on German Federal Labor Court ruling of 26 September 2017, GWR 2018, issue 15, p. 291, together with Leonie Abendroth (German article)
  • Coalition Agreement between CDU/CSU and SPD for the 19th Legislative Term – Employment Law Outlook, GWR 2018, issue 4, p. 66 f. (German article)
  • Works Council Election – Online Voting Process Results in the Invalidity of the Election, comment on Hamburg Employment Court ruling of 7 June 2017 – 13 BV 13/16, GWR 2017, issue 15, p. 307 (German article)
  • Company Pension Adjustment – Calculation Based on Economic Situation of Controlling Entity in Case of Domination Agreement, comment on (German) Federal Supreme Court ruling of 27 September 2016 – II ZR 57/15, GWR 2016, issue 24, p. 510 (German article)
  • Bonus Award in Accordance With Equitable Discretion – Bonus Determination by the Court Based on Parties’ Pleadings in Case of Inequitable Determination by the Employer, comment on German Federal Labor Court ruling of 3 August 2016 – 10 AZR 710/14, GWR 2016, p. 466 (German article)
  • Employment Agreement with Temporary Agency Worker Void in Case of Illegal Temporary Agency Work Only Upon Actual Transfer, comment on German Federal Labor Court ruling of 1 January 2016 – 7 AZR 535/13, GWR 2016, p. 390 (German article)
Mr. Neumann has been, among other things, substantially involved in advising on the following matters:
  • Microsoft on the acquisition of 6Wunderkinder GmbH from, among others, Sequoia Capital, Earlybird, and Atomico.
  • Ipsos on the acquisition of GfK’s Custom Research Business including the global management of the transfer of approximately 1,000 employees in 25 countries.
  • II-VI Incorporated on employment aspects for USD 3.2 billion acquisition agreement with Finisar Corporation.
  • Avenue Capital Group in the context of an acquisition of the Schletter Group in an insolvency scenario including the transfer of employees and works council agreements.
  • Chembio Systems on the acquisition of OpTricon and on establishing headquarter.
  • EnerNOC, a U.S.-based leading provider of cloud-based energy intelligence software, on its takeover of the Germany-based Entelios AG.
  • KAMAN on the acquisition of GRW Bearing, a German-based designer and manufacturer of bearings, as well as employment law counsel on day-to-day aspects.
  • Verivox on various strategic acquisitions and restructurings.
  • Luye Pharma Group on its European market entry and the acquisition of Acino’s transdermal drug delivery systems, consisting of patches and biodegradable subcutaneous implants.
  • A U.S.-based global provider of comprehensive, on-site machining solutions, on establishing business in various European Union (“EU”) and non-EU countries, as well as comprehensive counsel in a broad range of employment law matters, including hiring scenarios, termination situations, data privacy, and VISA aspects.
  • A U.S.-based imagery and footage licensing company on mass dismissals and works council negotiations.
  • A U.S.-based payment technology solutions company on the restructuring of an employee pension plan.
  • A U.S.-based e-commerce company in court proceedings concerning employee stock option entitlements.
  • A U.S.-based pharmaceutical company on general employment and immigration matters with a focus on cross-border issue.
  • A U.S.-based energy company on post merger harmonization process and on data privacy aspects in connection with the transfer of employees’ data to the United States.
  • A U.S.-based university in setting up activities in Germany.
  • A German bank on the revision and implementation of employee data protection and IT policies as well as related works agreements.