|To give you an impression of the type of cases we have dealt with in the past and are dealing with at present in our law firm, please find below a number of mandates - anonymous, of course.
Debt recovery and Bankruptcy Law / Collection
- Procedural collection and collection of smaller debts (e.g. unpaid rent of CHF 2'000) and enforcement of reasonable contractual and non-contractual claims for compensation before state courts in German-speaking Switzerland, and before national and international arbitration courts, in amounts reaching hundreds of millions. Submitting freezing orders, obtaining ex parte orders, and defending interim injunctions, e.g. inheritance claims.
- Supporting a medium-sized enterprise in restructuring during the financial crisis. Avoiding imminent bankruptcy by successfully carrying out a probate action with assignment of property. Drawing up a comprehensive management contract with a view to maintaining relationships with existing customers and suppliers. A financially high-quality sale of an existing warehouse by closing a Just-in-time purchase contract. Amount in dispute: ca. CHF 10 Mio.
- Analysing the tax status of a group of enterprises whose shareholders were granted large shareholder loans, resulting in considerable losses. Working out restructuring suggestions from a tax viewpoint and implementing a reorganisation concept with the approval of the tax authorities to avoid bankruptcy for the enterprises / shareholders concerned: Amount in dispute: CHF 20 Mio.
- Advising a group of listed enterprises in all tax matters, with a particular view to optimising tax consequences in property transactions, optimising the deduction of losses in concerns, advising in connection with holding privilege as well as the sale of subsidiaries.
- Tax support of a public nursing home with regard to its legal restructuring: Advice concerning direct tax and VAT and preliminary investigations with the responsible tax authorities; tax neutrality in all affected forms of tax is guaranteed.
- Support of an enterprise faced with criminal and supplementary tax charges: support in connection with proceedings and a substantive agreement between a bookkeeping company and investigating authorities. Representing the entrepreneur in criminal and supplementary tax proceedings.
- Advising a self-employed party in connection with liability claims against a tax consultancy on the grounds of false or faulty tax advice. Appraisal services in the field of direct tax. Signing of an out-of-court settlement.
Purchase and Sale of Enterprises / Restructuring
- Advising a client in connection with the possible purchase of a competitor (public limited company). Verifying legal options and financial portability. Preparing the transaction and, in particular, giving legal and tax support concerning the previous sale of no longer needed business premises. Support in plans to optimise the structure of a group of enterprises and the ensuing restructuring. Implementing mergers and commercial transactions. Amounts in dispute: depending on the consulting phase, CHF 2 - 5 Mio.
- Giving comprehensive advice to a national pharmaceutical company with regard to its founding, co-operation agreements with industrial partners, partnership agreements, preliminary tax investigations with the responsible tax authorities, and health and intellectual property matters. Advising in connection with business management tasks such as personnel matters, budget planning, etc.
- Advising an entrepreneur on the sale of his PME. Drawing up the purchase agreement and negotiating the sale with interested parties.
- Supporting wealthy families through comprehensive legal and tax advice, in particular, in connection with purchasing and financing real estate, primarily to progeny, planning the sale of parts of the estate, transferring and bequeathing the family fortune, drawing up the last will and testament, supporting the bereaved and acting as executor of the will.
Drawing up Contracts
- Drawing up contracts of all types (tenancy, consulting, labour, partnership agreements, licences, work contracts, composition agreements, loan contracts, right of use contracts, purchase, outsourcing, inheritance, and project contracts, contracts of deposit, shareholder contracts, delivery contracts, cooperation agreements, termination agreements, non-disclosure agreements, broker and agency agreements, commission contracts, transaction agreements, etc.) as well as giving comprehensive legal guidance and support in the course of multi-level contract negotiations in Switzerland and abroad.
- Advising a larger enterprise on outsourcing its entire IT infrastructure. Drawing up all contractual documents, including mechanisms to deal with multi-party escalation, such as escrow solutions regarding source code. Statutory regulation of all licence, support and maintenance matters. Clarifying international issues under civil law according to several legal systems. Optimising VAT. Amounts in dispute: > CHF 30 Mio.
Public Procurement Law
- Representing a public submission department to contest additional charges on the urgent purchase of products of a technically complex nature. Drawing up and submitting various statements and declarations. Comprehensive advice concerning procedural questions, in particular file inspection. Amounts in dispute: > CHF 50 Mio.
Intellectual Property Rights
- Advising a municipal public transport company with regard to intellectual property matters concerning the development and introduction of a new automatic ticket dispensing system; contractual regulations with the industrial partner in IP questions.