Johan-Michel Menke

Menke at the trial in the Müller case in Mainz, February 2016

Johan-Michel Menke (born July 14, 1977 in Hamburg ) is a German lawyer and specialist lawyer for labor law . He is a partner in the commercial law firm Heuking Kühn Lüer Wojtek .

Menke is best known for his work for professional sports associations and clubs in professional team sports . He successfully represented the 1. FSV Mainz 05 e. V. in the dispute over effective time limits for football players and the DFB in the dispute over the employee status of arbitrators. The judgments are important for German football because they demonstrate the special employment relationship between professional footballers and referees. During the COVID-19 pandemic and the associated interruption of the Bundesliga, Menke advised Hertha BSC on quarantine measures, short-time work and the change of coach for Bruno Labbadia.

Career

Menke, grew up in Hamburg. From 1998 to 2003 he studied law at the University of Hamburg , where he was awarded his doctorate in 2005 . In 2004 he also completed a further training course in sports law at the FernUniversität Hagen . From 2005 to 2007 Menke worked as a trainee lawyer at Bird & Bird in Düsseldorf and the DFL Deutsche Fußball Liga GmbH in Frankfurt am Main . In 2007 he started as a specialist lawyer for labor law at the law firm Kliemt & Vollstädt in Düsseldorf and moved back to Hamburg in 2009 to the commercial law firm Heuking Kühn Lüer Wojtek, where he is now a partner.

Menke is a member of the Hamburg Association for Labor Law e. V., German-American Lawyers Association V. (DAJV), the International Bar Association (IBA) and the Anglo-German Club eV He is married and has four children.

Fields of activity

Menke's areas of expertise are labor law , bankruptcy law , capital market law , sports law and distribution law . His work focuses on restructuring and corporate transactions (due diligence; post merger integration ). In particular, Menke advises companies on questions of labor law, such as staff reduction measures, even in times of crisis / insolvency. Menke worked as an author in the field of external personnel deployment. In addition to teaching assignments at St. John's University in New York and the Bucerius Law School in Hamburg, Menke appeared as an expert on ARD Tagesthemen and Sky Sport .

Professional commitment

Menke's passion is football, which has a decisive influence on his professional work. In his dissertation in 2006, he dealt with the special employment relationship between top athletes using the example of professional footballers. To this day, Menke has devoted himself to numerous lectures, specialist articles and mandates on the employee status and contracts of professional athletes, referees and trainers as well as the exploitation of the rights of sporting events. Due to the high public interest in professional football and sports contracts, Menke is regularly quoted as an expert by the media such as table football .

Publications (selection)

Permissible “ransom” or impermissible preferential treatment for a works council member by concluding a termination agreement? , with Anne Heisig, Verlag Dr. Otto Schmidt, 2019

Procedure and contestation - The 2018 works council election is approaching , with Bernd Weller , Arbeits und Arbeitsrecht Fachzeitschrift , 9/2017

Freelance work - Heidelberg sample contracts , with Sebastian Wolf, Verlag Recht und Wirtschaft , 2nd edition 2017, ISBN 978-3-8005-4352-6

The tactics have to fit - the 2018 works council election is approaching , with Bernd Weller, Arbeits und Arbeitsrecht Fachzeitschrift, 6/2017

On limited judicial control of business decisions , with Anne Heisig, EWiR (RWS Verlag), 2017

The landmark case on fixed-term contracts in football , with Jürgen Paepke, World Sports Law Report, 8/2016

Fixed-term contracts in football: Analysis of the Müller Case , with Jürgen Paepke, EPFL Legal Newsletter, 6/2016

ArbG Berlin: The employment claim of a professional player in licensed football , with Dr. Thomas Schulz, Operations Consultant , 2016

Drafting post-contractual non-competition clauses with GmbH managing directors - waiver instead of compensation , Neue Juristische Wochenschrift , 2009

Professional athlete between labor law and entrepreneurship , science publisher Dr. Kovač, 2006, ISBN 978-3-8300-2375-3

Web links

Profile on the website of the law firm Heuking Kühn Lüer Wojtek

Individual evidence

↑ Football clubs can continue to limit contracts . In: Der Tagesspiegel Online . January 16, 2018, ISSN 1865-2263 ( tagesspiegel.de [accessed May 12, 2018]).
↑ kicker, Nuremberg, Germany: Referee Dittrich is again subject to his DFB lawsuit . In: kicker . ( kicker.de [accessed on May 12, 2018]).
↑ JUVE juve.de: Football: In-house lawyers and Heuking advise Hertha BSC on coaching changes and corona measures. Retrieved April 24, 2020 .
↑ www.ipunkt.biz: Deutscher Fachverlag GmbH. Retrieved May 12, 2018 .
↑ International Sports Law Practice Faculty | St. John's University. (No longer available online.) Archived from the original on February 24, 2018 ; accessed on May 12, 2018 (English). Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2
↑ HEUKING KÜHN LÜER WOJTEK: Lawyer Dr. Johan-Michel Menke, LL.M. (Hamburg) . In: HEUKING KÜHN LÜER WOJTEK . ( heuking.de [accessed on May 12, 2018]).
↑ Johan-Michel Menke: Professional athlete between labor law and entrepreneurship - A contribution to the concept of employee using the example of professional footballer . 1st edition. Publishing house Dr. Kovač, Hamburg 2006, ISBN 978-3-8300-2375-3 .
↑ What Müller and labor law have to do with Grifo. Retrieved January 23, 2019 .
^ GmbHR - The GmbH-Rundschau - points of view. Retrieved January 23, 2019 .
↑ Menke / Heisig: On the limited judicial control of entrepreneurial decisions (LAG Berlin-Brandenburg, judgment of August 10, 2016 - 24 Sa 1773/15). May 12, 2017. Retrieved January 23, 2019 .

personal data
SURNAME	Menke, Johan-Michel
BRIEF DESCRIPTION	German lawyer and specialist lawyer for labor law
DATE OF BIRTH	July 14, 1977
PLACE OF BIRTH	Hamburg

[1] Football clubs can continue to limit contracts . In: Der Tagesspiegel Online . January 16, 2018, ISSN 1865-2263 ( tagesspiegel.de [accessed May 12, 2018]).

[2] r, Nuremberg, Germany: Referee Dittrich is again subject to his DFB lawsuit . In: kicker . ( kicker.de [accessed on May 12, 2018]).

[3] JUVE juve.de: Football: In-house lawyers and Heuking advise Hertha BSC on coaching changes and corona measures. Retrieved April 24, 2020 .

[4] www.ipunkt.biz: Deutscher Fachverlag GmbH. Retrieved May 12, 2018 .

[5] International Sports Law Practice Faculty | St. John's University. (No longer available online.) Archived from the original on February 24, 2018 ; accessed on May 12, 2018 (English). Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2

[6] HEUKING KÜHN LÜER WOJTEK: Lawyer Dr. Johan-Michel Menke, LL.M. (Hamburg) . In: HEUKING KÜHN LÜER WOJTEK . ( heuking.de [accessed on May 12, 2018]).

[7] Johan-Michel Menke: Professional athlete between labor law and entrepreneurship - A contribution to the concept of employee using the example of professional footballer . 1st edition. Publishing house Dr. Kovač, Hamburg 2006, ISBN 978-3-8300-2375-3 .

[8] What Müller and labor law have to do with Grifo. Retrieved January 23, 2019 .

[9] GmbHR - The GmbH-Rundschau - points of view. Retrieved January 23, 2019 .

[10] Menke / Heisig: On the limited judicial control of entrepreneurial decisions (LAG Berlin-Brandenburg, judgment of August 10, 2016 - 24 Sa 1773/15). May 12, 2017. Retrieved January 23, 2019 .