News
Class on Comparative Corporate Law from an EU Perspective
On June 22, 2023, I taught a 3h-online class on “Comparative Corporate Law from an EU Perspective” as part of a Business Law Master Course on Comparative Corporate Law at the Law Faculty of the Universidad de los Andes in Chile.
Clash of Cultures: The Whistleblowing Directive and National Company Law
On June 16, 2023, I talked about “Clash of Cultures: The Whistleblowing Directive and National Company Law” on the occasion of the Conference on “Implementation of the EU Whistleblowing Directive”. The Conference took place at the WU in Vienna and was organized by the FOWI – Research Institute of Central and Eastern European Business Law.
The New Regime of Whistleblower Protection in the EU – Making Corporations More Resilient to Compliance Risks
On May 12, 2023, I gave a lecture on „The New Regime of Whistleblower Protection in the EU – Making Corporations More Resilient to Compliance Risks” as part of the II German-Spanish Symposium in Madrid. The Symposium, hosted by the Universidad Autónoma de Madrid and organised in cooperation with the Max Planck Institute, dealt with the topic of “Future Challenges in Company and Capital Markets Law: ESG (Sustainability) – Digitilization – Resilience (Restructuring)”.
EBI Master in EU Banking and Financial Regulation
On May 5 and 6, 2023, I gave a course on EU Fund Regulation (UCITSD & AIFMD) as part of the master’s programme: EBI Master in EU Banking and Financial Regulation in Frankfurt.
Lecture on The Concept of Limited Liability: Legitimisation and Critique
On April 21, 2023, I gave a lecture on “The Concept of Limited Liability: Legitimisation and Critique” as part of the Second German-Italian Symposium on Company Law in Hamburg. The Symposium, hosted by the Max Planck Institute and organised in cooperation with the Università degli Studi di Padova, dealt with the topic of “Great Debates in Italian and German Company Law”.
Legal Paternalism in Company Law with a view to EU Law
On November 18, 2022, I gave a lecture entitled “Legal Paternalism in Company Law with a view to EU Law” as part of the XIII Jornadas Chilenas de Derecho Comercial, a series of events organised by the Law Faculty of the Universidad Adolfo Ibáñez in Chile, which is dedicated to the academic exchange between local universities and from abroad.
Activist Short Sellers under EU Financial Markets Regulation
The journal Revue Internationale des services financiers / International Journal for Financial Services (RISF) Volume 2021, Number 4, p. 52 has published my article “Activist Short Sellers under EU Financial Markets Regulation”. You can find the link to the article here.
Compensation, but no Rewards for Whistleblowers?
At the beginning of February my article “Compensation, but no Rewards for Whistleblowers? – Some Thoughts on the Introduction of Financial Incentive Programmes in the Wake of the EU Whistleblower Directive’s Transposition” has been published in ZEuP. The link to the article on Beck-Online can be found here.
Lecture Series “Business and Human Rights”
The Lecture Series “Business and Human Rights” is been organized by the Centre for Human Rights Erlangen-Nürnberg (CHREN) and will take place from 2 November 2021 until 8 February 2022.
Speech “Legal Paternalism and European Company Law”
On Wednesday, October 20, 2021, I gave a presentation on „Legal Paternalism and European Company Law.“
The presentation was part of the international conference „The Future of European Company Law“ of the Center for Private Law Research (Centro de Investigação de Direito Privado) affiliated to the Faculty of Law of the University of Lisbon. A recording of the event can be watched here.
Open Access of “Economic Methods for Lawyers”
The textbook “Economic Methods for Lawyers”, edited by Emanuel V. Towfigh and Niels Petersen, published by Edward Elgar Publishing, is now freely available on the Internet. You can access it here for free.
In this textbook I wrote the chapter “Contract Theory and Economics of Contract Law” (pp. 96-120).
Capital in Closed Corporations – Ten Years of MoMiG in Germany
On May 3rd, 2019 The Max-Planck-Institute hosted the First German-Dutch-Belgian Symposium on Non-Listed Corporations and Partnerships in Reform, where I presented my thoughts on „Capital in Closed Corporations – Ten Years of MoMiG in Germany“.
Short Selling Regulation (SSR)
In April 2019 the commentary European Financial Law Services, edited by Matthias Lehmann and Christoph Kumpan, was published.
This book analyses and explains EU legislation governing financial services. It is for legal practitioners in international law firms, the financial industry, regulators, and academics needing an in-depth understanding of financial services regulations. It is intended to serve as a handy reference book, providing both easy-to-understand overviews of complex topics and insightful analyses of difficult legal issues.
Experts renowned in their fields explain, article-by-article, the important EU directives and regulations governing financial services. Examples illustrate how important provisions apply in practice. Level and measures are put into context.
I contributed the chapter on the Short Selling Regulation (SSR), pp. 875-940, to the commentary,
Exploring Remedies
In October 2018 the Institute of Law and Technology hosted the conference Exploring Remedies – Impulses for a German and European ´Law of Remedies´ where I presented my thoughts on „Economics of remedies – the perspective of corporate law“.
You can find the whole agenda here.
Book Review – Economic Methods for Lawyers
In the Competition and Consumer Law Journal 2017 Vol. 25 Part 2 Rhonda L Smith reviews the book Economic Methods for Lawyers.
Among other things she writes the following about my chapter „Contract theory and the economics of contract law“:
„Contracts are the everyday fare of commerce. […] Klaus Schmolke explain[s] why this is the case. […] The explanations in this chapter are clear and the examples well chosen.“
Issues and Challenges in Corporate and Capital Market Law: Germany and East Asia
Recently the volume Issues and Challenges in Corporate and Capital Market Law: Germany and East Asia, edited by Holger Fleischer, Hideki Kanda, Kon Sik Kim and Peter Mülbert, was published.
This volume is based on presentations delivered at a symposium held in March 2016 at the University of Tokyo. It seeks to reinvigorate the scholarly exchange which can be traced back to the late 19th century between company law academics in Germany, China, Japan and South Korea. Contributions from all four jurisdictions include papers on corporate divisions and valuation of shares and its procedure as well as studies on the civil liability of the company and its directors for false financial statements and the corporate law rules on the squeeze-out of minority shareholders.
My contribution to the book deals with „Civil Liability of the Company and Its Directors for False Financial Statements under German Law“.
For more information follow this link.
Information Duties in Japanese and German Private Law
In May the Special Issue 11 (2018) of the Journal of Japanese Law celebrated the 20th anniversary of the founding of the Journal.
Leading private and commercial law scholars from Japan and Germany classify the manifold types of information duties and shed light on their differences and similarities from a theoretical as well as a practical perspective. The comparative analysis hopes to encourage law experts on both sides to further reflect on and (re)consider the necessity and scope of their existing information regimes.
I contributed the introductory paper „Information and Disclosure Duties from a Law-and-Economics-Perspective – A Primer“.
For more information follow this link.
Economic Methods for Lawyers
Recently, a new paperback edition of the book „Economic Methods for Lawyers“ has been published and is available now.
For more information follow this link.
Whistleblowing: Incentives and Situational Determinants – A Laboratory Experiment
On January 24th I gave a talk about „Whistleblowing: Incentives and Situational Determinants – A Laboratory Experiment“ for the Centre for Coporate and Commercial Law at the University of Cambridge. The talk was followed by a discussion.
For more information follow this link.
Conference on „Information Duties under Japanese and German Private Law“
To celebrate the 20th anniversary of the „Journal of Japanese Law“ about 40 scientists were invited to a symposium in Tokyo on September the 23rd. Since the overall topic was „Information Duties under Japanese and German Private Law“, we were discussing about information duties in both countries. Additionally I gave a lecture on „Information duties in relation to the ownership and transfer of rights to objects and other assets under German civil law“.
You can find a further article about the conference here.
Whistleblowing: Incentives and Situatlional Determinations
In August 2016 Verena Utikal and I completed a working paper concerning the topic „Whistleblowing“.
You can find the entire version here.
Visit to Pakistan: Short Course on European Company Law
In the week of 16 to 20 May 2016, Professor Schmolke visited the School of Law and Policy (SLP) at the University of Management and Technology (UMT) in Lahore, Pakistan. During his stay Prof. Schmolke taught a short course on European Company Law for LL.B. and LL.M. students of SLP.
Symposium „The New Legal Regime on Market Abuse“
On the 8th of April 2016 the Research Center for Banking and Capital Market Law in North Bavaria hosts a Symposium on „The New Legal Regime on Market Abuse“ .
The Market Abuse Regulation (MAR) with its rules regarding insider trading, market manipulation and Directors‘ Dealings will be effective from 3rd of July 2016 onwards.
Additionally, up to this day the member states had to implement the Directive on criminal sanctions for market abuse (CRIM-MAD) into national law.
About these various aspects and issues there will be presentations by Prof. Dr. Katja Langenbucher (University Frankfurt), Prof. Dr. Lars Klöhn (LMU Munich), Prof. Dr. Christoph Kumpan (HU Berlin), Prof. Dr. Hans Kudlich (FAU Erlangen) und Prof. Dr. Klaus Ulrich Schmolke (FAU Erlangen).
»More Information about the conference is available on the Website of the Research Center for Banking and Capital Market Law in North Bavaria . (In German)