Practice Areas
Litigation and Dispute Resolution
Although we strive to prevent the costs and delays usually associated with litigation, we vigorously pursue litigation in front of all cantonal and federal courts to obtain a successful outcome for our clients if lawsuits prove to be 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, financial and civil litigation.
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 and resolving complex international litigation in multiple jurisdictions, and in enforcing in Switzerland foreign judgments and arbitral awards.
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Our services extend to every aspect of civil, commercial and financial litigation, including:
• Representing clients in lawsuits before Swiss courts in all kinds of legal disputes
• 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
• Serving as sole arbitrator or members of an arbitral tribunal
• Recognition and enforcement of foreign judgments and arbitral awards
• Representing clients in judicial or administrative (including tax) assistance proceedings
• Coordinating complex international litigation in multiple jurisdictions
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 and established 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 authorisations 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 Altiqa Group, a reputable trust company with whom our firm has a close and standing relationship.
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Our services extend to a variety of aspects of business and corporate law, including:
• Drafting of all kinds of contracts, such as sale agreements, agency and distribution agreements, employment contracts, loan agreements, commercial lease agreements and service agreements
• Establishment of companies, amendments of articles of association, capital increases and decreases (including notary public services)
• Administration of companies (in collaboration with a reputable trust company)
• Reorganising and restructuring of companies
• Shareholder agreements and transfer of shares
• Assistance in obtaining authorisations for real estate acquisitions by foreigners
• Assistance on issues relating to work permit applications
• Advice on general company law including advisory services and litigation in connection with directors’ liability
• Advising on issues relating to unfair competition
• Liquidation of companies
• Litigation before Swiss courts in all areas of business and corporate law
Contacts:
Claudio Simonetti / Daniele Calvarese / Francesco Naef / Jasmine Altin / Andres Alessandro Martini /
Compliance and Internal Investigation
Thanks to our wide range of experience with regulatory compliance matters, in particular with anti-money laundering rules, we are able to advise companies and individuals on all compliance matters and reporting obligation, thus helping them to meet the increasingly complex and evolving regulations.
We also develop internal regulations and provide the necessary staff training for financial institutions in order to comply with the Financial Institutions Act, Financial Services Act and Anti-money Laundering Act.
We also have experience in internal investigations of a broad range of legal and regulatory matters and potential misconducts on behalf of private companies, financial institutions and public authorities.
Members of our law firm have been appointed by the Swiss Financial Market Supervisory Authority (FINMA) to act as investigating agents in enforcement proceedings concerning banks and other financial institutions.
Daniele Calvarese is currently the appointed investigator for Southern Switzerland by the Swiss Bankers’ Association (SBA) under the Swiss banks’ code of conduct with regard to the exercise of due diligence.
Costantino Castelli is currently an appointed investigator by the Self-Regulatory Organisation for the combating of money laundering of the Swiss Bar Association and Swiss Notary Association (SRO SAV/SNV).
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Our services cover a variety of aspects of compliance and internal investigations, including:
Advising in anti-money laundering (AML) compliance
Evaluating and updating of compliance frameworks
Staff training for financial institutions in AML matters
Conducting internal investigations in AML matters
Conducting internal investigations in complex HR cases and employment matters (mobbing)
Drafting of legal opinions in AML issues
Advising and representing individuals and companies in proceedings under AML regulations before supervisory authorities and courts
Contacts:
Francesco Naef / Daniele Calvarese / Jasmine Altin / Costantino Castelli / Federico F. Forni
Banking and Financial Services Law
We advise and represent individuals and companies, including financial institutions, in all major aspects of banking and financial services related matters. We also have significant experience in regulatory issues, such as compliance, anti-money laundering regulations, best practice and self-regulatory matters.
Members of our law firm have been appointed by the Swiss Financial Market Supervisory Authority (FINMA) to act as investigating agents in enforcement proceedings concerning banks and other financial institutions.
Daniele Calvarese is currently the appointed investigator for Southern Switzerland by the Swiss Bankers’ Association (SBA) under the Swiss banks’ code of conduct with regard to the exercise of due diligence.
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Our services extend to a variety of aspects of banking and financial services law, including:
• Assisting foreign and domestic clients in their dealing with banks or other financial institutions based in Switzerland
• Legal opinions concerning asset management and investment issues
• Drafting of contractual documents and internal regulation for financial institutions
• Advising in the establishment of financial institutions, including licensing proceedings
• Advising on compliance and organisational issues for banks and other financial institutions
• Litigation before Swiss courts in all areas of banking and financial law issues
Contacts:
Daniele Calvarese / Francesco Naef / Costantino Castelli / Jasmine Altin / Federico F. Forni
Criminal Law
Our team includes experienced criminal defence lawyers who are independent and combative and provide comprehensive assistance in all criminal law matters.
Thanks to our in-depth knowledge of the financial world, we have a particular focus on economic crime (white-collar crimes). We also represent individuals and companies that are victims of asset misappropriation and our law firm is active in tracing and recovering misappropriated assets, both in Switzerland and abroad.
International cooperation in criminal matters also plays an important role in our work.
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Our services extend to a variety of aspects of criminal law, including:
• Defence in Criminal proceedings
Representing victims of fraud and other business-related offences in criminal proceedings
• Tracing, freezing and recovery of misappropriated assets in Switzerland and others jurisdictions
• 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 bankruptcy
Contacts:
Costantino Castelli / Federico F. Forni / Jasmine Altin
Bankruptcy Re-organisations and Workouts
Our practice encompasses every aspect of bankruptcy, insolvency and debt collection proceedings.
In representing creditors or debtors, we try to seek practical and creative solutions to insolvency disputes without resorting to litigation. 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.
We can also act as bankruptcy administrators or liquidators of companies and financial institutions.
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Our services extend to a variety of aspects of insolvency, including:
• Debt collection proceedings
• Obtaining freezing orders
• Enforcement of foreign judgments and arbitral awards in Switzerland
• Assisting creditors in finding debtor’s assets and monitoring seizures and foreclosures
• Acting as a member of creditor committee
• Acting as liquidators or bankruptcy administrators of financial institutions
• Advising and assisting debtors in developing debt restructuring plans
• Advising creditors in connection with reorganisations 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 realise claims and assets
• Litigation in connection with directors’ or auditor’s liability
• Assistance in criminal proceedings in connection with bankruptcy
Contacts:
Francesco Naef / Federico F. Forni
Labour and Employment Law
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, wrongful termination, compensations and breach of contract.
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Our services extend to a variety of aspects of labour and employment law, including:
• Drafting of employment contracts, staff regulations and non-competition agreements
Advising on corporate restructuring, including assistance with mass redundancies.
Advising employers in complex HR cases
• Advising and representing clients in cases of wrongful or abusive termination and mobbing
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
Inheritance Law and Estate Planning
We advise our clients in drafting their last wills as well as inheritance contracts in domestic and international cases. We also assist our clients in all estate’s execution procedures as well as in inheritance litigation.
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 executors of our clients’ wills and as estate administrators by court appointment
Our firm represents clients in various kinds of litigation in relation with trusts, foundations and other estate and inheritance matters.
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Our services extend to a variety of aspects of Inheritance Law and Estate Planning, including:
• Advice in drafting and implementing inheritance contracts, wills, advance care directives and deeds of gift (including notary public services)
• Advising on succession planning for family-owned and closely held companies
Establishment of charitable and philanthropic foundations, including tax, governance and management aspects
• Acting as executorship and estate administrator
• Assistance with the establishment of trusts and similar legal structures
• Representing clients in litigations relating to wills, inheritance contracts, trusts, foundations, and estate matters
Real Estate and Notarial Services
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.
We also advise and represent in all administrative proceedings in relation with construction projects.
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Our services extend to a variety of aspects of real estate and notarial services, including:
• Drafting of real estate purchase agreements (including notary public services)
• Assistance in drafting loan agreements and mortgages
• Assistance in obtaining authorisations 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 and administrative matters
• Litigation before Swiss courts in connection to lease agreements
• Advice and representation of part-owners or condominium administrators
Contacts:
Claudio Simonetti / Francesco Naef / Andres Alessandro Martini
Family Law
We assist our clients in all family law proceedings, including preliminary reliefs, separation, divorce, pre- and postnuptial agreement, maintenance, child-related matters, as well as in matters of child and adult protection. Andres
Andres Alessandro Martini is also substitute President of an adult and child protection authority (ARP 12).
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Our services extend to a variety of aspects of family law, including:
Divorce, separation and marriage protection measures, including winding up of property regime and alimonies’ regulation in domestic and international cases
Recognition and enforcement of foreign judgements in Switzerland
Drafting of divorce contracts, separation agreements, prenuptial and nuptial agreements
Modification of divorce and separation judgements
Obtaining judicial protective measures against domestic violence
Obtaining regulation of parental authority, custody, visitation rights and maintenance obligations
Recovering of claims related to alimonies and maintenance
Acting in cases of international child abduction and child protection measures
Recognition and declaration of paternity
Proceedings in matters of adult’s protection (deputyship)
Contacts:
Andres Alessandro Martini / Daniele Calvarese / Jasmine Altin
Art Law
The Art Market is a global industry growing in complexity and representing significant challenges, even to seasoned collectors and investors. Whether it is selling or buying artworks, starting or building or selling a collection, we represent and advise collectors, galleries, dealers and other art market participants in all legal matters in the art market.
Our team headed by Claudio Simonetti – an EMAMS graduate – has the professional and innovative skills needed to master the challenges of today’s art market and is able to provide our clients with advice and assistance in all art market transactions.
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Our services extend to a variety of aspects of art law, including:
drafting of sale, consignment, loan and pledge agreements for individual artworks and collections
advising all facets of art market transactions, including insurance and transport
advising individuals and public institutions in cultural property matters
litigation in all art related matters
due diligence on art transactions
establishment of foundations and estate planning for art collectors, artists and gallerists
import and export matters related to artworks and cultural property;
art management and consulting services in co-operation with Altiqa Group