AREA News Archive
New publication: Möllers, Auditors report and the German Capital Markets Model Case Act (KapMuG) - legal consequences for EY in the Wirecard scandal
06.02.2024
In Volume 19 of the Capital Markets Law Journal (CMLJ) Professor Möllers' article "Auditors report and the German Capital Markets Model Case Act (KapMuG) - legal consequences for EY in the Wirecard scandal" deals with the accounting fraud and ensuing insolvency of Wirecard which have had an enormous impact. Claims from aggrieved investors are now before the courts. As the listed company is insolvent, many claims have instead been lodged against its auditors, EY. Within this framework, the cases should be joined together where possible. Several Regional Courts have rejected the material scope of application of the Capital Markets Model Case Act (KapMuG), but the Third Chamber of the Regional Court of Munich I (LG) has opened proceedings under the Act. This requires the auditors report on the company's annual financial statements to qualify as “public capital market information” pursuant to Section 1(2) of the Act. Because the issue has not yet been discussed, arguments created by legal reasoning must be used to clarify whether claims for damages against the auditors report can be made the establishment objective of proceedings under the Act.
Contact visit in Washington: Cooperation with the GWU School of Law
04.04.2022
To deepen the cooperation with the George Washington University School of Law, Prof. Dr. Thomas M.J. Möllers traveled to Washington on March 23, 2022. There he met Prof. Jeffrey Manns and the international students from Augsburg. In discussions, Prof. Dr. Möllers arranged for Augsburg to receive another exchange position at GWU Law School in the future. Starting in the winter semester of 2022, five Augsburg students will be able to study there as part of the USA exchange program.
The International Lawyer 03/2021
06.12.2021
The article "The Wirecard Accounting Scandal in Germany, and How the Financial Industry Failed to Spot It" has been published in the current issue 3/2021 of the "The International Lawyer".
The first insolvency of a company listed on the German DAX index has had an enormous impact. In his article Professor Möllers aims to demonstrate why there has been a failure of the entire financial industry if not a single one of the players intervene, even though all market participants are aware of the allegations of inaccurate accounting. The causes lie in behavioural finance, but also the inadequate state of German and European capital markets law.
New Podcast
03.03.2021
This is the latest podcast by Professor Dr. Thomas M.J. Möllers and his team. The podcast reports in short sequences on interesting legal issues, judgements and classifies questions of current legal-political affairs.
In the first two episodes, Professor Thomas M.J. Möllers deals with the Wirecard scandal and shows perspectives on how to avoid further stock market scandals.
Listen in - we appreciate your interest!
Publication: Hugo/Möllers (Ed.) Legal Certainty and Fundamental Rights
15.02.2021
In cooperation with the University of Johannesburg, the Faculty of Law organised a conference in summer 2019 entitled "Legal Certainty and Fundamental Rights". The lectures were compiled into a conference volume, which has now been published as Volume 89 of the Augsburger Rechtsstudien (...).
Publication: Enforcing Consumer and Capital Markets Law – The Diesel Emissions Scandal
04.08.2020
This book critically analyses the various approaches of public and private law enforcement and their effectiveness across several jurisdictions on the example of one topical and global collective damage event with far reaching consequences for both, consumers and investors: the Dieselgate. (...)
Praise for Augsburg students in Santa Clara Exchange Program
02.06.2020
The Augsburg students Johanna Saelze and Felix Welzmüller who spent their fall 2019 semester at Santa Clara Law School received praise by the Santa Clara Law Faculty for their pro bono representation of a Honduran asylum seeker before the Board of Immigration Appeals (...).
New article "Market Manipulation Through Short Selling Attacks and Misleading Financial Analyses"
20.03.2020
These days Germany's listed companies have a high risk to become victims of short selling attacks by misleading financial analyses. Companies and supervision have so far had little to counter that. The article deals with deficits in the area of standardisation and enforcement of law and approaches solutions. It has been published in "The International Lawyer", a triannual publication of the American Bar Association's Section of International Law in cooperation with SMU Dedman School of Law, Dallas, Texas.
Publication: Private Enforcement of European Competition and State Aid Law
13.01.2020
The overlapping European Union (EU) regimes of competition law and State aid law both provide mechanisms
allowing private plaintiffs to claim compensation for losses or damages. It is thus of significant practical value to
provide, as this book does, analysis and guidance on achieving enforcement of such claims, written by renowned
authorities in the two fields (...).
Publication: "Legal Methods"
18.12.2019
Legal decisions are accepted if they are well-reasoned. This work provides lawyers with more than 100 legal interpretation figures that are used by lawyers worldwide to justify their legal decisions. German law is exemplary for the technique of Legal Interpretation and Legal Construction, which is applied in Europe and all over the world. The new publication puts lawyers in a position, to develop -step by step - a solution for a hitherto unsolved legal problem in such a way that it convinces the opposing party of the content his/her solution (…).
Lecture: "Comparative Law in Context: Studying Islam in the Southeast Asia"
25.07.2019
Professor Kerstin Steiner was received by Professor Dr. Thomas M.J. Möllers at the University of Augsburg. She is Senior Associate at the University of Melbourne in the Centre for Indonesian Law, Islam and Society (CILIS) and Partner in the Asian Law Centre (ALC). She is also on the Advisory Board of the Philippine International Studies Organization (PHISO). She has held a variety of international positions, including at the University of Malaya and the Centre for Socio-legal Studies at Oxford University (...).
Third Augsburg-Johannesburg Conference on Legal Certainty and Fundamental Rights
27. 06. 2019
From June the 6th to the 9th, 2019, the third joint conference between the law faculties of the universities of Augsburg and Johannesburg (South Africa) took place on the Fraueninsel in Chiemsee. Fifteen participants from Johannesburg and ten from Augsburg travelled to the conference to discuss current issues from all areas of law around the topic of Legal Certainty and Fundamental Rights, to exchange different perspectives and, in the spirit of cross-fertilisation of the legal systems, to find solutions and suggestions for improving both legal systems (...).
Lectures at the University of Stellenbosch
30. 04. 2019
In April 2019 Prof. Dr. Thomas M.J. Möllers visited the University of Stellenbosch in South Africa. Initially he gave two lectures at the Faculty of Law: "Short Sell Attacks and Illegal Financial Reports" and "The Volkswagen Diesel Scandal - Legal enforcement worldwide". A third lecture took him to the Faculty of Economics: "Private Enforcement of EU Competition Law after the Directive 2014/104/EU". On the last day of his stay Prof. Möllers also met Prof. Dr. Philip Sutherland and Prof. Dr. Karin Calitz.
Lectures in Melbourne and Sydney
28.02.2019
In January and February 2019, Prof. Dr. Thomas M.J. Möllers went to Australia for a research stay. At La Trobe University in Melbourne Prof. Dr. Möllers gave two lectures. On the one hand he dealt with the topic "Digitalization - Market Abuse by Short Sell Attacks and Illegal Research Reports". On the other hand he gave a lecture on "Legal Reasoning: How Lawyers are Thinking: Working with Principles". At the University of Sydney, Prof. Dr. Möllers gave a lecture on "The Volkswagen emission scandal - German, European and US-American implications" as part of the Law & Business Downtown Seminars.
Publication: Hugo/Möllers (Ed.) Legality and Limitation of Powers - Values, Principles and Regulations in Civil Law, Criminal Law, and Public Law
15.02.2019
In cooperation with the University of Johannesburg, the Faculty of Law organised a conference in summer 2017 entitled "Legality and Limitation of Powers - Values, Principles and Regulations in Civil Law, Criminal Law, and Public Law". The lectures were compiled into a conference volume, which has now been published as Volume 88 of the Augsburger Rechtsstudien (...).
Lecture at the Bavarian America Academy
15.07.2018
From July 5 to 7, 2018, the 18th Academy Conference of the Bavarian Academy of America (BAA) took place at the Amerikahaus in Munich. It was entitled "The State of Human Rights - Historical Genealogies, Political Controversies, and Cultural Imaginaries" (...) .
Lecture on the riots in Charlottesville
10.07.2018
On 5 July 2018, Prof. Blake D. Morant gave a lecture at the University of Augsburg on the riots in Charlottesville that had taken place in August 2017 (...).
Dean Blake D. Morant (GWU) visits the Law Faculty
06.03.2018
On Friday, February 23, 2018, the Law Faculty of the University of Augsburg received a visit from Professor Blake D. Morant, Dean of the George Washington University School of Law, his wife, Paulette Morant, and Ms Joshi Shehernaz, Director for Graduate & International Programs. The visit from Washington was received by Professor Dr. Thomas M.J. Möllers, Professor Dr. Matthias Rossi, Professor Dr. Thilo Rensmann, as well as by Daniela Pfau and Christoph Salger (...).
Publication: Hugo/Möllers (Ed.) Transnational Impacts on Law: Perspectives from South Africa and Germany
16.01.2018
Together with the University of Johannesburg, the Faculty of Law organised a conference in summer 2016 entitled "Transnational impacts on law: Perspectives from South Africa and Germany". The lectures have since been compiled into a conference volume, which has now been published as Volume 86 of the Augsburger Rechtsstudien (...).
Visit to Chicago: Cooperation with the Chicago-Kent College of Law
25.10.2017
To intensify the cooperation with the Chicago-Kent College of Law at the Illinois Institute of Technology, Prof. Dr. Thomas M.J. Möllers travelled to Chicago on 18 October 2017 and took part in the "Fin (Legal) Tech" conference parallel to visiting the college (...).
Second Johannesburg-Augsburg Conference on "Legality and Limitation of Powers: Values, Principles and Regulations in Civil Law, Criminal Law and Public Law"
11.10.2017
The second joint conference of the law faculties of the universities of Johannesburg and Augsburg took place on 10 October 2017 (...)
First Johannesburg-Augsburg Conference on "Transnational Impacts on Law: Perspectives from South Africa and Germany"
25.06.2016
On 23 June 2016, the first joint conference of the law faculties of the Universities of Augsburg and Johannesburg took place. The event was titled "Transnational Impacts on Law: Perspectives from South Africa and Germany" and examined the international influence on the national legal systems of Germany and South Africa (...).
New publication on the takeover battle VW / Porsche
20.07.2015
In July 2015 an article by Professor Dr. Thomas M.J. Möllers titled "The takeover battle Volkswagen/Porsche: the Piëch-Porsche clan-family clan acquires a majority holding in Volkswagen" was published in the Capital Markets Law Journal (10 CMLJ 410 - 430) (...).
Expansion of international cooperation with the University of Johannesburg
29.05.2015
On May 29, 2015, Prof. Dr. Thomas M.J. Möllers and Dr. Stefan Lorenzmeier were guests at the Faculty of Law of the University of Johannesburg to negotiate an amendment to the cooperation agreement (...).
Presentation at the Annual Banking Law Update 2015
29.05.2015
On May 28, 2015, Professor Dr. Thomas M.J. Möllers gave a lecture on "Developments in the implementation of the European MiFiD II Directive" at the Annual Banking Law Update 2015 (ABLU) in Johannesburg. The ABLU is an established South African event on corporate and capital markets law, which has been held since 1978. It is organised by the Centre for Banking Law at the University of Johannesburg.
Honorary doctorate awarded to professors Peter T. Wendel and Ronald Brand
19.11.2011
During the 40th anniversary celebrations of the Law Faculty of the University of Augsburg, professors Peter T. Wendel and Ronald Brand were awarded honorary doctorates (...).