Practice Areas
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 freezing injunctions to appeals reaching the Swiss Federal Court (Switzerland’s highest judicial instance and Court of last resort).
We also provide our clients with our experience in coordinating complex international litigation in multiple jurisdictions, and in enforcing in Switzerland foreign judgments and arbitral awards.
Services
Our services extend to every aspect of civil and commercial litigation, including:
• Representing clients in lawsuits before Swiss courts in all areas of commercial and contracts law (including finance, banking, and intellectual property)
• Representing clients in lawsuits before Swiss courts on divorce and family law
• Representing clients in lawsuits relating to personality rights, trusts, estates, and inheritance matters
• Representing clients in proceedings before Swiss administrative authorities
• Obtaining freezing injunctions and other interim orders
• Filing appeals to the Federal Supreme Court of Switzerland
• Representing clients in national and international arbitration proceedings
• Filing appeals against arbitral awards
• Serving as sole arbitrator or members of an arbitral tribunal
• Recognition and enforcement of foreign judgments and arbitral awards
• Advising and representing clients in judicial or administrative (including tax) assistance proceedings
• Coordinating complex international litigation in multiple jurisdictions
Contacts:
Claudio Simonetti / Daniele Calvarese / Francesco Naef / Costantino Castelli
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.
Services
Our services extend to a variety of aspects of business and corporate law, including:
• Advice in drafting contracts of sale
• Advice in drafting agency and distribution agreements
• Advice in drafting employment contracts
• Advice in drafting loan agreements
• Advice in drafting commercial lease agreements
• Advice in drafting service agreements
• Advising and representing in connection with joint ventures
• Establishment of companies
• Amendments of articles of association, capital increases and decreases (including notary public services)
• Administration of companies (by collaboration with a reputable trust company)
• Advice in reorganization and restructuring of companies
• Shareholder agreements and transfers of shares
• Assistance in obtaining authorizations for real estate acquisitions by foreigners
• Assistance on issues relating to work permit applications
• Advice on general company law
• Advisory services and litigations in connection with directors’ liability
• Advising on issues relating to unfair competition
• Liquidations of companies
• Litigation before Swiss courts in all areas of business and corporate law
Contacts:
Claudio Simonetti / Costantino Castelli
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, anti-money laundering regulations, 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.
In some cases, members of our law firm have been appointed by the Swiss Financial Market Supervisory Authority (FINMA) to act as agents in enforcement proceedings.
Services
Our services extend to a variety of aspects of banking law, including:
• Providing support and assistance on the conclusion of banking and finance contracts
• Assisting foreign and domestic clients in their dealing with banks or other financial intermediaries domiciled in Switzerland
• Legal opinions concerning the observance of the duty of care in connection with asset management
• Advisory services and litigations in connection with directors’ liability
• Compiling contractual documents and general terms and conditions for financial intermediaries
• Consultancy in the establishment of new banks, securities dealers, or investment funds in Switzerland, including their dealing with supervisory authority in the licensing proceeding
• Advice on compliance and organizational issues to banks, securities dealers, investment funds and other financial intermediaries
• Advisory services to domestic and foreign banks related to Swiss anti-money laundering regulations
• Litigation before Swiss courts in all areas of banking and stock exchange law
• Advice and representation of clients in international administrative (including tax) and judicial assistance proceedings
Contacts:
Daniele Calvarese / Francesco Naef
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.
Services
Our services extend to a variety of aspects of criminal law, including:
• Representation of the victims of fraud and other business-related offenses in criminal proceedings before Swiss courts
• Tracing, freezing and recovery of misappropriated assets in Switzerland and others jurisdictions
• Advice and representation of clients in international administrative (including tax) and judicial assistance cases, especially for banks and other financial intermediaries and their clients
• Advising and representing individuals involved in white collar crime investigations or trials
• Advice to companies or officers confronted with corporate criminal liability
• Assistance in criminal proceedings in connection with intellectual property
• criminal proceedings involving matters of unfair competition
• Assistance in criminal proceedings in connection with bankruptcy
Contacts:
Daniele Calvarese / Costantino Castelli
Bankruptcy Re-organizations 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.
In some cases we also act as bankruptcy administrators or liquidators of securities dealers or other financial institutions.
Services
Our services extend to a variety of aspects of insolvency, including:
• Debt collection
• Obtaining attachments orders
• Enforcement of foreign monetary judgments and arbitral awards in Switzerland
• Assisting creditors in finding debtor’s assets and monitoring the garnishment proceeding
• Advising and representing creditors and debtors in insolvency and bankruptcy litigation before Swiss courts and administrative authorities
• Acting as a member of creditor committee
• Acting as liquidators or bankruptcy administrators of financial intermediaries
• Advising and assisting debtors in developing debt restructuring plans
• Advising creditors in connection with reorganizations and representing creditors in creditor meetings
• Recognition and enforcement of foreign insolvency proceedings and bankruptcy orders in Switzerland
• Advising and representing foreign liquidators or bankruptcy administrators in litigations before Swiss courts in order to realize claims and assets
• Litigation in connection with directors’ or auditor’s liability
• Litigation in fraudulent conveyances cases
• Assistance in criminal proceedings in connection with bankruptcy
Contacts:
Daniele Calvarese / Francesco Naef
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.
Services
Our services extend to a variety of aspects of labour and employment law, including:
• Drafting of employment contracts
• Drafting of staff regulations
• Drafting of non-competition agreements
• Assistance on issues relating to work permit applications
• Termination of employment contracts and mass dismissals
• Advice and assistance on issues relating to public labour law
• Representing clients before Swiss courts in employments litigations
Contacts:
Claudio Simonetti / Costantino Castelli
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.
Services
Our services extend to a variety of aspects of estate and trust, including:
• Assistance with estate and inheritance planning
• Advice in drafting and implementing inheritance contracts, wills, and deeds of gift (including notary public services)
• Advising on succession planning for family-owned and closely held companies
• Acting as executorship and estate administrator
• Assistance with the establishment of foundations, trusts and similar legal structures
• Representing clients in litigations relating to wills, inheritance contracts, trusts, foundations, and estate matters
Contacts:
Claudio Simonetti / Daniele Calvarese
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.
Services
Our services extend to a variety of aspects of real estate, including:
• Drafting of real estate purchase agreements (including notary public services)
• Assistance of investors in all real estate transaction negotiations
• Assistance in drafting loan agreements and mortgages
• Drawing up tax reports concerning land transfer and real estate capital gains tax
• Assistance in obtaining authorizations for real estate acquisitions by foreigners
• Assistance in drafting construction agreements and in developing of building projects
• Assistance of architects, engineers and constructors with regard to their contracts
• Advising owners on building permits and master plan proceedings
• Representing owners in expropriation proceedings
• Drafting of lease agreements
• Assistance in formation of a condominium (including notary public services)
• Litigation before Swiss courts or arbitral tribunals in construction law cases
• Litigation before Swiss courts in connection to lease agreements
• Advice and representation of part-owners or condominium administrators
Contacts:
Claudio Simonetti / Francesco Naef
Intellectual Property and Competition
We represent clients – both plaintiffs and defendants – in civil litigations and in criminal proceedings on the infringement and counterfeiting of trademarks, copyrights and designs, or in unfair competition matters.
Our firm also advises and represents clients in public procurement proceedings.
Services
Our services include:
• Representing clients in civil litigations before Swiss courts on the infringement and counterfeiting of trademarks, copyrights and designs
• Assistance in criminal proceedings in connection with intellectual property
• Civil and criminal proceedings involving matters of unfair competition
• Assistance and representation before Swiss courts and administrative authorities in public procurement proceedings
Contacts:
Francesco Naef / Costantino Castelli
ArtLaw
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Services
Our services include:
• Service
Compliance
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Services
Our services include:
• Service
Internal Investigations
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Services
Our services include:
• Service