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Dr. Nadine Kramer

Dr. Nadine Kramer leads Covington’s employment law practice in Frankfurt, drawing on over 16 years of experience to guide clients through complex employment challenges with clarity and confidence. Previously, she worked as an advisor to the Minister of Justice of Rhineland-Palatinate and as a judge, becoming the youngest judge at the age of 23. She is recognized for her ability to navigate difficult employment and labor law matters with strategic insight and practical solutions.

Her practice covers all aspects of employment and labor law, with a particular focus on M&A transactions, restructurings, and sophisticated HR matters—including negotiations with works councils. Nadine advises clients on both traditional issues, such as contract drafting, and specialized topics like non-compete covenants, retention agreements, and confidentiality arrangements in national and international contexts. She also advises on works agreements (including social plans), pension schemes, and critical intersections with corporate law, compliance, and data protection. Key areas of expertise include management participation programs, internal investigations, and employee data protection.

Her deep understanding of diverse legal and cultural environments enables her to deliver tailored solutions for the most intricate challenges. Drawing on her judicial background, Nadine has an eye for the essentials and represents clients confidently before labor courts. Her litigation experience also includes proceedings before the Federal Labor Court and the European Court of Justice.

In addition to her German qualifications, Nadine is admitted to the State Bar of California, offering clients a truly global perspective.

The German Federal Labor Court (Bundesarbeitsgericht – BAG) has issued two new decisions impacting virtual stock option plans (VSOPs).  In a March 19, 2025 decision (BAG, March 19, 2025 – 10 AZR 67/24), BAG ruled that virtual stock options (“phantom shares”) are not speculative options/opportunities, but rather part of the remuneration already earned and, therefore, forfeiture clauses in VSOPs are invalid.  The new decision is a reversal of the court’s prior position on these virtual shares.  In the other new decision, issued on March 27, 2025 (BAG, March 27, 2025 – 8 AZR 63/24), BAG ruled that phantom shares exercised while an employee is still employed have to be considered when calculating the compensation owed for the employee’s compliance with a post-contractual non-compete covenant.  Below is an overview of the new cases and steps employers can take to ensure their plans are in compliance.Continue Reading German Federal Labor Court Rules on Phantom Shares; What Employers Need to Know