Business and Corporate Law
Multinational
transactions are fundamental to the success of many of our clients. We
are therefore able to deal with a wide range of aspects of our clients’
business activities, both domestic and international. We are general corporate
counsel to numerous clients ranging in size from small start-up companies
to large mature companies.
We help
our clients to achieve tailor-made solutions through negotiation and drafting
of domestic and international agreements such as sales, agency and distribution
agreements, joint-ventures, rental, employment and other service agreements.
We also provide our clients with our experience in general administrative
issues related to their business activities in Switzerland and abroad such
as work and residence permits, construction permits and authorizations
for real estate acquisitions by foreigners.
We take
pride in helping our clients to select the best corporate structures to
meet their particular business needs. Our firm has broad experience in
forming Swiss companies and other commercial and non-commercial entities,
such as associations and foundations.
Corporate
administration services including directors, registered office, administrative
staff and accounting are available through a reputable trust company with
whom our firm has a close and standing relationship.
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Real
Estate
Our
capabilities as notaries public enable us to advise our clients on all
facets of real estate matters.
We advise
investors, buyers, sellers and lenders on their real estate transactions
including financing, lease, purchase and sale agreements. Our real estate
work also includes the development of real estate projects, condominiums,
commercial and industrial buildings and related issues such as zoning and
complex financing transactions.
During
the past few years, workouts and restructuring have been active areas of
our real estate practice. Our firm has advised several major lenders in
restructuring real estate mortgage investments.
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Banking Law
We advise individuals and companies, including financial institutions, in all major aspects of banking transactions and contracts and represent them in banking litigation.
We also have significant experience in regulatory issues, such as banking secrecy, rules of conduct, due diligence convention (CDB 03) and compliance. Daniele Calvarese, a former in-house counsel of one of the major Swiss banks, has been appointed investigator for Southern Switzerland by the Swiss Bankers' Association under the Swiss banks’ code of conduct with regard to the exercise of due diligence
.
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Civil
and Commercial Litigation
Although
we strive to prevent the costs and delays usually associated with litigation,
we vigorously try lawsuits in all cantonal and federal courts to obtain
a successful outcome for our clients if this proves necessary to protect
their interests. However, we are also conscious of the need to settle
disputes, where reasonable and appropriate under the circumstances.
In our
litigation practice, we represent both plaintiffs and defendants in all
major areas of commercial and civil litigation, including family and divorce
matters.
The
cases our firm is involved in range from preliminary injunctions to appeals
reaching the Swiss Federal Court (Switzerland's highest judicial instance
and Court of last resort).
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Criminal
Law
We represent
individuals and companies, including financial institutions, victimized
by wrongdoing on the part of current or former directors, employees or
customers.
Our
firm focuses on actively and strenuously tracing misappropriated assets,
cooperating with regulatory and enforcement authorities both in Switzerland
and abroad and pursuing, through litigation or otherwise, collection efforts
with respect to such assets.
We also
selectively represent individuals charged with criminal offences with an
emphasis on the defence of investigations and prosecutions involving white-collar
crime.
During
the past few years, international cooperation in criminal matters has played
an important role in our criminal law practice.
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Labour
and Employment
We advise
and represent both employees and employers, whether companies or individuals,
in all issues related to employment matters, including entering into and
terminating employment agreements, non-competition agreements, compensations
and breach of contract.
We advise
our clients in business transfers, rationalization measures and plant closings
and draft the necessary agreements with parties involved and the labour
authorities in case of mass dismissals.
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Estate
and Trust
We work
with individuals and families and advise them on all facets of estate planning,
including the selection, setting-up and administration of the best legal
structures in order to protect, preserve and transfer their assets for
the benefit of their families.
We serve
as guardians and estate administrators by Court appointment, either alone
or with family members or other outside professionals.
Our
firm represents clients in various kinds of litigations in relation with
trusts, foundations and other estate and inheritance matters.
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Medical
Malpractice
In Western
Europe there has been in recent years a steady increase in the number of
medical malpractice cases brought against physicians, hospitals or other
healthcare providers. In Switzerland, too, medical malpractice is now an
increasingly important area of law.
Although
the majority of such malpractice cases is settled out of court, litigation
will no doubt grow in importance.
We are
experienced in handling the often-complicated medical issues that arise
in medical negligence cases. Our firm provides complete case evaluation
services and legal assistance, either in settlement negotiations or in
court litigation.
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Bankruptcy,
Reorganizations and Workouts
Our
practice encompasses every aspect of insolvency and bankruptcy, including
debt collection in Switzerland and abroad.
In representing
creditors or debtors, we try to seek practical and creative solutions to
insolvency disputes without resort to litigation. Today, reorganization
and workouts have become an important strategic tool for companies facing
substantial debts or liabilities; they present significant problems for
creditors as well.
However,
if out-of-court workouts are not possible or circumstances demand immediate
action, our firm is able to handle the complex litigation that often arises
in insolvency and bankruptcy proceedings.
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