It was a fruitful and inspiring meeting - this was the tenor of the participating law firms after the 1st law firm boutique salon in Berlin. dtb rechtsanwälte were the hosts of the kick-off event.

More than 30 guests attended the kick-off event of the 1st law firm boutique salon in Berlin.
The network meeting was opened by the initiator and strategy consultant Claudia Bonacker and Bertold Schmidt-Thomé of dtb rechtsanwälte as the hosting law firm.

The keynote address was given by Prof. Dr. Gisela Schmalz, Professor of Strategic Management and Business Ethics at the Rheinische Fachhochschule Köln. She outlined the structures of networks and worked out the differences between cliques and networks with the participants. An exciting discussion about network building and maintenance! After the keynote lecture there was enough room for exchange and inspiration for the participating law firms. The aim of the network meetings is to further develop together and establish valid contacts - from which clients and law firms will benefit in the long term. The next law firm boutique salon will take place on 22 January 2015 in Berlin.

Next year the certificate course Curating of the University of the Arts Berlin will start again. The part-time course is aimed at all those who wish to practice curating part-time or full-time, as well as at decision-makers from public institutions and companies. The registration deadline is 30 January 2015. One of your lecturers is Anna Kathrin Distelkamp.

The certificate course Kuratieren der Universität der Künste Berlin is aimed at all those who wish to professionalise their professional or personal range of activities through curatorial work and learn expert knowledge at university level. Through experienced specialist lecturers, individual advice and visits to exhibition venues, the further training provides well-founded knowledge for curatorial practice.
Within three months you receive a compact overview of the current fields of action of curating.
On seminars, excursions and forums you can learn with concrete case examples all steps of the Idde, over planning up to the conversion.

One of your speakers is Anna Kathrin Distelkamp.
The registration deadline is 30 January 2015.
We would be delighted if you would join us!

More desire than burden - the 4th German Designer Congress. In his workshop, design attorney Bertold Schmidt-Thomé worked with the participants to find out how careful project preparation and contract drafting can have a positive effect on the desire to work.

The more than 220 guests at the 4th German Designer Congress in Essen were offered a top-class programme of lectures.
Legal questions regarding the exploitation of drafts and the drafting of contracts were discussed intensively during the workshop by Berthold Schmidt-Thomé under the title: More burden at the beginning, more pleasure at the end.

The case of Cornelius Gurlitt has rekindled the discussion about how to deal with Nazi looted art. In its new edition, the book "Verlorene Bilder - Verlorene Schicksale" (Lost Images - Lost Fates) sheds light on 15 exemplary fates of Jewish collectors and their families. Dr. Lucas Elmenhorst dedicates the Handelsblatt to book reviews.

The National Socialists stole an estimated 600,000 works of art from Jewish collections. The case of Cornelius Gurlitt has revived the debates on this subject.
It is often questionable under what circumstances Jewish collectors were deprived of their art during the Nazi era and why their efforts to return it after the war failed.
The authors of the book "Verlorene Bilder - Verlorene Schicksale" (Lost Images - Lost Fates) convincingly convey 15 exemplary fates of Jewish collectors and their families. Dr. Lucas Elmenhorst reviews the book in the Handelsblatt.

On Friday, 14 November 2014, the Berlin Foundations will introduce themselves on the occasion of the 6th Berlin Foundation Day at the Rotes Rathaus. In mutual exchange, the participants often develop joint project ideas. Anna Kathrin Distelkamp will present the topic "Cooperation between Foundations".

More and more foundations are carrying out successful projects together. Because cooperations of foundations offer great potential to realize the purpose of the foundation in many ways and to use funds. By pooling the skills and resources of several partners, projects can be implemented that a foundation can hardly manage on its own. Funds can be used more efficiently.
The opportunities, however, are also offset by considerable risks in the areas of civil, tax and charitable law. The information provided in the lecture on this topic is intended to help you assess risks and seize opportunities.
We are looking forward to your visit.

Under the motto "Foundations as pioneers - and how they achieve improvements", the Frankfurt Foundation Day 2014 will take place on 14 November at the Frankfurt Chamber of Commerce and Industry (IHK). One of your lecturers is Dr. Pascal Decker.

Frankfurt has a high density of foundations. More than 500 foundations are active there. In order to further promote exchange and networking, the Frankfurt Foundation Day 2014 will take place on 14 November. Together with the Frankfurt Chamber of Commerce and Industry, the Frankfurt Foundations Initiative invites interested parties to various workshops.
Using practical examples, the participants will explore how foundations can make ideal use of their creative scope and be effective and active in the long term.
Dr. Pascal Decker from dtb rechtsanwälte and Christian Schlimok from the novamondo agency will discuss how foundations can develop and implement a successful brand strategy.
Secure yourself a place here in one of the seven workshops.

How to develop and implement a successful brand strategy for your association will be the subject of a two-day workshop in Cologne at the beginning of December. dtb rechtsanwälte and the design agency novamondo are looking forward to your participation.

Using a current case study, you will learn in two days how to develop and successfully implement the right brand strategy for your association.
At the beginning, some basic questions will be clarified - such as why associations should strive for a professional brand strategy at all, what the difference is to commercial enterprises and what role the members of an association play in a successful brand strategy.
In a second step, you develop your own brand campaign together with your lecturers, tailored to your association, and learn how to implement it successfully.
The two-day seminar is rounded off by expert tips on trademark law to ensure that your brand remains unassailable in the future.

The seminar will take place from 08 to 09 December 2014 in Cologne.
We look forward to your participation.

Last year, the Jonathan Meese case raised the question of when art will still move within the framework of constitutionally guaranteed artistic freedom and when the border to criminal law will be crossed. To the VIII. Heidelberger Kunstrechtstage Dr. Pascal Decker will once again give an overview of the most relevant legal issues.

In the context of the VIII. Heidelberger Kunstrechtstage, Dr. Pascal Decker will revive the case of Jonathan Meese, who in 2013 had not only aroused the minds of the art world.
When Jonathan Meese had to answer in court because he showed the controversial Hitler salute during a SPIEGEL interview in June 2012, not only art experts throughout Germany discussed a question: Was this behavior still covered by artistic freedom as part of an artistic performance or was it already relevant under criminal law?
After several days of trial, the district court of Kassel decided that Meese's behavior as part of his interview performance was covered by the freedom of art guaranteed in Article 5 of the Basic Law.
The VIII. Heidelberger Kunstrechtstage will be devoted to current fundamental questions on property, artistic freedom and cultural property protection law in various lectures.
The event will take place on 31.10.14 and 1.11.14 at the Academy of Sciences in Heidelberg.

A network meeting for foundations in Berlin - that's the Berliner Stiftungsfrühstück. The initiators are Berlin's Senator of Justice, Thomas Heilmann, and Dr. Pascal Decker, managing director of the Brandenburg Gate Foundation.

The Berliner Stiftungsfrühstück is a network meeting designed to promote the exchange and cultivation of contacts between the foundations and the supervisory authorities in Berlin. The first foundation breakfast in April 2013 was already very well received, with more than 40 foundations exchanging ideas and having lively discussions.

The next breakfast will take place
September 29, 2014,
in the Salzburger Straße 21 - 25,
in Berlin-Schöneberg.

An end to the Cornelius Gurlitt case is far from in sight. In fact, the Gurlitt case constantly raises new questions for art historians and lawyers. The Friends of the Kunsthalle Hamburg therefore invite you to the lecture "Das Dilemma der Causa Gurlitt" by Dr. Lucas Elmenhorst.

The Causa Gurlitt is a story that has no equal.

Cornelius Gurlitt has spent almost his entire life with more than 1,000 pictures in an apartment in Munich. What is certain is that various works were confiscated due to Nazi persecution. The Taskforce "Schwabinger Kunstfund" is currently clarifying which works of art are involved.
On October 5, 2014, Dr. Lucas Elmenhorst will give a lecture at the Kunsthalle Hamburg on the legal issues raised by the Gurlitt case and the problems that need to be solved in the future. The lecture will be entitled: Raubkunst oder legitimes Erbe - Das Dilemma der Causa Gurlitt.

Together with the auction house Bonhams, dtb rechtsanwälte have revived the art of the Russian Empire for the duration of an exciting event. The setting was a book presentation by Cynthia Coleman Sparke on the development of Russian art objects. The presentation was accompanied by a lecture on the world-famous Fabergé eggs.

In her book Russian Decorative Arts, Cynthia Coleman Sparke describes how Russian art objects developed and designed in their historical context. The spectrum ranges from Fabergé to jewellery, glass and wooden objects.
An illustrated chapter is dedicated to each area, in which special techniques are explained, Russian characteristics are explained and the most important craftsmen are introduced.
The book presentation took place together with the auction house Bonhams on 2 September 2014 in the offices of dtb rechtsanwälte in the Pergamon Palais.
The book presentation was accompanied by a lecture on the world-famous Farbergé eggs. In addition some Fabergé objects were shown in the original.

Why is it important for a social organization to develop a brand and protect it in the long term? The participants of the event "Story, Brand, Trademark Law" addressed this question. The presentation took place in the premises of dtb rechtsanwälte in the Pergamon Palais. Dr. Pascal Decker was one of the speakers.

It is important for a social organisation to "tell" its own projects and its own organisation.
One's own name, the names of one's own projects and many other components make up one's own story. All this together results in a brand management. Which of these is important? Which of them might even be so important that you should protect it?
These were the questions dtb rechtsanwälte and the Forum Soziale Geschäftsmodelle explored in a joint event on 18 September 2014 at the Pergamon Palais.
From the point of view of social marketing and fundraising, the participants discussed, among other things, how a brand develops, how brand management and storytelling are organised and what effects this has on fundraising.
From a legal point of view, it was worked out which components are worth protecting, which prerequisites must be met for trademark protection and how best to proceed strategically with trademark protection.
The speakers were Ehrenfried Conta Gromberg from Spendwerk and Dr. Pascal Decker from dtb rechtsanwälte.

For many designers, their desire for their profession often becomes a burden. This is why this year's 4th German Designer Congress will focus on the theme of "Lust & Last". In a workshop, design attorney Bertold Schmidt-Thomé will work with the participants to find out how careful project preparation and contract drafting can have a positive effect on the enjoyment of the profession.

More burden at the beginning, more pleasure at the end - this is the motto of the workshop by design lawyer Bertold Schmidt-Thomé at the 4th German Designer Congress on 20 October in Essen.
The background is the BGH decision on the so-called "birthday train". At the end of last year, the BGH changed its decades of jurisdiction in favour of designer. Bertold Schmidt-Thomé will discuss the content and effects of the decision with the participants of his workshop.
Among other things, the focus will be on what careful legal project support can look like. In addition, principles for the drafting of contracts, the handling of design orders and the marketing of drafts will be developed.

ARTfi - The Fine Art & Finance Conference uniquely brings together leading personalities from the world of art and finance to provide current and relevant insights into the international art market. Dr. Pascal Decker and Dr. Lucas Elmenhorst will present a joint lecture at ARTfi.

ARTfi - The Fine Art and Finance Conference.
Open to professionals and art lovers alike, participants will be able to keep abreast of the latest developments in global and local art markets, private and corporate collections, art investments, art fairs and art & taxation.
Dr. Pascal Decker and Dr. Lucas Elmenhorst will present a joint lecture on "Art Fund Models in International Comparison".

The conference will take place on 17 September 2014,
from 10 a.m. to 5 p.m. at the central office of the Tagesspiegel, Askanischer Platz 3.
The conference will be held in English.

For more than two years the Gurlitt case has not only excited the minds of the art world. Much is still unclear, but what is certain is that the Gurlitt case has rekindled a discussion about Nazi looted art that has been neglected for decades. Dr. Lucas Elmenhorst will give a current lecture on the Gurlitt case and its consequences.

Cornelius Gurlitt - A man who spends almost his entire life with more than 1,000 pictures in an apartment in Munich. What is certain is that various works were confiscated due to Nazi persecution. The "Schwabinger Kunstfund" task force is currently clarifying which works are involved.
The Causa Gurlitt is a story that has no equal. Dr. Lucas Elmenhorst will give a lecture on the subject at the "Monday Round" in Hamburg entitled: The Case of Gurlitt and its Consequences.

The landscape of foundations is undergoing radical change. Dr. Pascal Decker answers in the Fondszeitung what new challenges foundations and their respective committee members should face.
Interest rates in Germany have been falling for years now. The permanent low-interest phase is forcing a change in the foundation landscape - according to estimates, one third of the smaller foundations are already no longer in a position to fulfil their promotional tasks.
Foundations should therefore ask themselves what new forms of capital investment they need to open up and what they should take into account in the future in order not to oversleep the generation change.
In a joint interview with the fund newspaper, Dr. Pascal Decker, Chairman of the Brandenburg Gate Foundation, and Dr. Andreas Rickert, Chairman of PHINEO gemeinnützige AG, provide answers.

The defenders of the art consultant Helge Achenbach have to cope with another defeat - the attempt to overturn the arrest warrant against their client with a complaint remained unsuccessful. Dr. Lucas Elmenhorst reports in the Handelsblatt about the latest developments.

The art consultant Helge Achenbach remains in custody for the time being. His defense counsel was unable to refute the accusation that there was a danger of escape and blackout, even with the help of a prison complaint.
Helge Achenbach has been in custody for six months now. He is suspected of fraud and forgery of documents, because he allegedly paid "hidden surcharges" when selling works of art and vintage cars.
Dr. Lucas Elmenhorst reports on the latest developments in the Handelsblatt.

This is one of the most extensive provenance research projects in Germany to date - the search for Nazi looted art in the holdings of Berlin museums. After three years, the project has been completed successfully in part. Dr. Lucas Elmenhorst reports on the results in the Handelsblatt.

Together with the State of Berlin, the Prussian Cultural Heritage Foundation has completed a three-year project to clarify suspicions of Nazi looted art - one of the most extensive provenance research projects in Germany to date.
The aim is to successively examine all the holdings of the museums in Berlin that belong to the Prussian Cultural Heritage Foundation.
The area of Classical Modernism in state ownership has now been fully examined. Three out of 450 works have been taken from their Jewish owners. In 61 cases the origin could not be completely clarified.
For more information, see Dr. Lucas Elmenhorst in the Handelsblatt.

Chaos and order - this is the title theme of the new art value. The authors of the current issue provide successful insights into the world of artists and answer the question of how chaos can act as a source of inspiration for art and artists.

Chaos serves many artists as a source of inspiration – as does Sabine Kacunko.
In her installations, the artist works with the representation of bacterial cell cultures in order to illuminate the productive coexistence between art and science.
She has attracted international attention with her multimedia project BOOTSCHAFT, which she performs at home and abroad mainly in public spaces.
In her article in the current issue of art value, Sabine Kacunko describes what she finds fascinating about working with microorganisms, dust and patina as artistic tools.
Some of Sabine Kacunko's artworks can be found in the corporate collection of dtb rechtsanwälte.

It was the case of Jonathan Meese who triggered a week-long discussion in Germany last summer. The question was whether and to what extent art may cross borders.
In a SPIEGEL interview, performance artist Meese showed the Hitler salute.
In a current essay, Dr. Pascal Decker deals with the fundamental tension between art and criminal law.

When Jonathan Meese had to answer in court last summer because he showed the controversial Hitler salute during a SPIEGEL interview in June 2012, not only art experts throughout Germany discussed a question: Was this behavior still covered by artistic freedom as part of an artistic performance or was it already relevant under criminal law?
After several days of trial, the Kassel Local Court decided last year that Meese's behavior as part of his interview performance was covered by the freedom of art guaranteed in Article 5 of the Basic Law.
The proceedings were also successfully conducted by Dr. Pascal Decker. In a joint essay with Professor Wolfgang Ullrich, Dr. Pascal Decker illuminates the fundamental tension between art and criminal law.
The article is published in the current issue of Kunst und Recht (KUR).

The Causa Gurlitt still raises many legal questions. For example, the Bavarian Administrative Court recently decided to what extent journalists may assert a claim to information.
Dr. Lucas Elmenhorst evaluates this decision in the current issue of the Zeitschrift für Urheber- und Medienrecht (ZUM).

In the case of Cornelius Gurlitt, much remained and still remains open. In particular the questions about which works from which collections were found at Gurlitt or which potential owners have already been contacted by the public prosecutor's office.
The journalists' interest is therefore understandable, but the press cannot assert a claim to information.
The complete judgment note was published in ZUM 2014, page 543-544.

A current judgement of the OLG Oldenburg deals with the discharge of foundation boards as well as the contributory negligence of the board of trustees. Dr. Lucas Elmenhorst and Dr. Pascal Decker summarize the most important core statements of the judgement and give indications on how members of foundation committees can protect themselves even better against claims in the future.

In a recent judgement on foundation issues, the OLG Oldenburg has given fundamental consideration to the discharge of the executive board and the contributory negligence of the board of trustees of a foundation.
In particular, the ruling raises the question of how foundation bodies can protect themselves even better against claims. Whether limitations of liability, internal codes of conduct or amendments to the articles of association - there are many possibilities.
In their joint essay, Dr. Lucas Elmenhorst and Dr. Pascal Decker explain in concrete terms how foundation board members and trustees can gain more security.

It was the Causa Gurlitt that put a well-known problem back on the agenda of the federal government: How will Germany deal with questions of restitution and provenance research in the future? The new Minister of State for Culture, Monika Grütter, would therefore like to set up a "German Lost Art Foundation" this summer. Dr. Lucas Elmenhorst explains the details.

The Gurlitt case has once again clearly shown that Germany has a lot of catching up to do in terms of provenance research and the restitution of cultural assets. The new Minister of State for Culture, Monika Grütter, would therefore like to set up a foundation to act as a national contact and central point of contact for all questions from claimants at home and abroad.
The "German Lost Art Foundation" is to bundle competencies, advise museums and private individuals, offer financial assistance and digitise all relevant information from German archives and make it available online. The foundation is to be established as early as this summer.
Dr. Lucas Elmenhorst presents the initiative in the Handelsblatt.

Establishing a foundation is one thing, successfully managing it sustainably over generations is another. That is why it is particularly worthwhile to pay attention to efficient committee work and succession planning. In a joint workshop with Pax-Bank, Dr. Pascal Decker will give you valuable tips and advice.

Those who want to successfully manage their foundation over generations should focus in particular on smooth work within the committees and take care of succession planning as soon as possible.
But what exactly does good committee management really look like? And from a legal point of view, what do foundations have to pay attention to when it comes to succession planning?
You will receive answers in the workshop "Guarantors for future-oriented foundation work". Your lecturers are foundation manager Michael Ruland and lawyer Dr. Pascal Decker.

The workshop will take place on 12 June,
from 11 a.m. to 4 p.m,
in the Pax-Bank building in Cologne.
We look forward to your registration!

It was not only the sudden death of Cornelius Gurlitt that surprised many, but also the decision the art dealer's son made about his legacy. Dr. Lucas Elmenhorst in the Handelsblatt assesses the future of Gurlitt's works of art after his death.

It wasn't only the Foundation Kunstmuseum Bern itself that was surprised when it became known that Cornelius Gurlitt had appointed her as his sole heir - the entire art world was amazed. According to its own statements, the Kunstmuseum Bern did not maintain any personal contact with the art dealer's son.
Dr. Lucas Elmenhorst explains in the Handelsblatt what consequences Gurlit's decision could have for the victims of the Nazi expropriations and for the "Schwabinger Kunstfund" task force.

Many foundations are often unaware of the relevance of a successful brand strategy. In an interview with the German Central Institute for Social Issues (DZI), Dr. Pascal Decker provides valuable information and tips for foundations and organizations.

Together with Bastian von Lehsten from the design agency novamondo and Andreas Schiemenz from HSH Nordbank, dtb rechtsanwälte organised a foundation workshop. Together with the participants, it was worked out why foundations need their own brand and how they can develop their own brand and make optimum use of it in accordance with applicable law.
The three workshop organisers describe the results of the workshop, their experiences and motivations in a joint interview with the German Central Institute for Social Issues (DZI).

Who would like to inform about the current conditions of the Causa Gurlitt as well as about their background, should throw a view of the recently activated Internet side of Cornelius Gurlitt. However, the missing information is problematic. Dr. Lucas Elmenhorst analyses the website in the Handelsblatt.

It is to be welcomed that the lawyers of Cornelius Gurlitt have initiated a website on which one can inform oneself at any time about the current state of the proceedings as well as its legal background. For possible claimants, the site even provides a form to fill out.
However, as the analysis by Dr. Lucas Elmenhorst shows, the website does not do justice to the claim of a completely balanced presentation.

It is often conflicts or competence disputes between the committees of a non-governmental organisation that can unnecessarily paralyse daily work. Another background is the lack of routine in dealing with the statutes of an NGO. The aim of the workshop is therefore to give the participants a reliable feeling for committee and statute issues. Their speakers are Pascal Decker and Lucas Elmenhorst.

In many NGOs, the text of the statutes and the reality of the statutes often differ widely.
In most cases, the already existing statutes offer scope for smooth and uncomplicated interaction between the committees. Amendments to the statutes can also be an effective means of facilitating committee cooperation in the future. The participants of the seminar are invited to send the speakers the statutes of their respective NGO beforehand and to describe practical problems. In this way, all participants in practical cases can develop joint solution strategies.

The training will take place on 28 March,
will take place at the ProjektZentrum Berlin of the Mercator Foundation.
Participation is free of charge.
We look forward to your registration!

Why testators should clearly state the motivation of their last will and testament in their will. Comment on the OLG Hamm decision by Bertold Schmidt-Thomé and Lucas Elmenhorst.

How a previous heir can become a full heir can be determined by fulfilling the requirements for a compulsory portion penalty clause.
OLG Hamm, resolution of 11 April 2013.

A successful foundation's work includes in particular the organisation and implementation of projects. This often poses new challenges for young foundation employees in particular. In a workshop in January 2014, Bertold Schmidt-Thomé will present legal solution strategies and answer the most important questions.

Together with the tax consulting company HPTP, dtb rechtsanwälte wants to prepare young foundation employees for the demanding work of the project organisation.
In order to ensure the successful implementation of projects, foundations often cooperate with other players. This regularly leads to a multitude of labour law, tax law and copyright issues. How should contracts with employees, service providers or suppliers be structured? How does the obtaining and granting of licensing rights work? What is the best tax protection? dtb rechtsanwälte and HPTP will answer this and other questions in a joint half-day workshop.
The workshop will take place on 28 January 2014 in the offices of dtb rechtsanwälte in the Pergamon Palais.
We would be delighted if you would join us!