Michael Magotsch has over 25 years' experience in advising companies in all aspects of German labor and employment law.

His practice focuses on national and cross-border restructurings, acquisitions, mass redundancies, outsourcing measures and negotiations with works councils and unions on all collective bargaining issues. He also represents companies in termination matters, sensitive disputes with executive board members, the implementation of stock option plans, compliance schemes and related audits.

His client base includes American, British, German and Japanese companies in the telecommunications, IT, chemical, aviation and automotive industries, as well as clients in the banking and the Life Sciences sector.

Professional Affiliations

    • International Bar Association (IBA)
    • German-American Lawyers' Organization
    • German-Japanese Lawyers' Organization
    • American Chamber of Commerce in Germany
    • German-Japanese Lawyers' Organization
    • American Chamber of Commerce in Germany
    • American Chamber of Commerce in Germany
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Representative Experience

  • Representing a global airline company in a major international restructuring, including the shutdown of its entire German operations after 23 years as well as difficult negotiations with works council
  • Advising a US manufacturing company of industrial adhesives on its EU-wide post-merger restructuring, including various plant shutdowns
  • Representing several PE funds with respect to complex restructurings and re-organizations/making them ready for sale
  • Advising a global provider of transfusion and transplantation diagnostics advisor on various employment and labor law issues
  • Advising a global multi-asset brokerage in the UK and in Germany on its employment and collective labor law matters
  • Advising a business process and technology services provider in Germany on sensitive litigious matters with individual executives and general restructuring advice
  • Advising a major global car supply manufacturer on cross border restructurings and its multijurisdictional acquisition of Hydro
  • Advising a US based high tech/semiconductor business in the framework of US insolvency proceedings. Complex transnational legal advice in connection with U.S. Chapter 11 proceedings; carve-out of business units in the Netherlands and Germany, as well as advising on restructuring processes in the US and China
  • Advising a major US computer game business on its multi-jurisdictional acquisition of Vivendi Games
  • Advising a leading global technology services company on the US$1 billion IT outsourcing, including multi-jurisdictional TUPE issues
  • Acting for a major US IT global service provider in the transfer of assets and restructuring with US Fortune 100 global technology services company; issues involved the consultation with workforces, work councils and trade unions, alongside the transfer of partial business units across Europe

Publications

  • Business Transfers in Germany - New Decisions by the Federal Lanor Court with potential great impact”, DER BETRIEB, July 17 2018
  • Key Aspects of German Employment and Labor Law“, second edition (together with Jens Kirchner, Pascal R. Kremp; eds.) Springer, February 2018
  • The right to disconnect“, Wolters Kluwer, Personalwirtschaft, Special edition October 2017
  • “Reasonable Boundaries of Codetermination”, WirtschaftsWoche Online, May 10 2017
  • “Free movement of workers - a thing from the past” (Round Table Employment Law's comments on recently implemented employment and labor laws), Wolters Kluwer, Personalwirtschaft, Special Edition October 2016
  • “Step by step - Restructuring business operations: you better have your 'storybook' well prepared” (together with Kathrin Schlote), Labor Law Magazine, May 2016
  • “Quickly thrown together” (Round Table Employment Law's comments on recently implemented employment and labour laws), Wolters Kluwer, Personalwirtschaft, Special Edition October 2015
  • “Can German co-determination laws also apply in foreign countries?” Wolters Kluwer, Personalwirtschaft, Special Edition October 2015
  • “Be cautious in case of mass dismissals - European judges expand employers”, obligations FAZ, Frankfurter Allgemeine Zeitung, May 12 2015
  • “Cartel damage claims - liability of employees not yet clarified,” FAZ, Frankfurter Allgemeine Zeitung, March 3 2015
  • “Overview on German Employment and Labour Law,” Sweet & Maxwell/Thomson Reuters, 6th edition 2015
  • “Employment and Labour Law, Jurisdictional Comparisons,” European Lawyer Reference, 5th ed. London, 2014
  • “Zurück in die Steinzeit (Back to the stone age)“ and “Nicht gegen geltendes Recht verstoßen (Do not violate the law),” Wolters Kluwer Personalwirtschaft, September 2014
  • “Compliance-Spagat – BDSG versus eDiscovery,” Platow Recht, 2012

Speaking Engagements

  • Annual Roundtable Frankfurt, Personalwirtschaft, May 18, 2018
  • Annual Roundtable Frankfurt, Personalwirtschaft, June 22, 2017
  • Annual Roundtable Frankfurt, Personalwirtschaft, June 24, 2016
  • Global labor and employment forum Tel Aviv, Oct 14, 2015
  • Annual Roundtable Frankfurt, June 25, 2015