Litigation
Civil procedure law, international private law
Our experienced lawyers advise and represent corporations, entrepreneurs as well as individuals in civil, criminal and administrative proceedings before state courts and authorities.
The assessment of opportunities and risks of a proceeding is a central aspect in the development of the litigation strategy together with our clients. Thereby, we include economic aspects as well as case-specific and local characteristics in our assessment.Using our expertise, experience and tactical skill, we always strive to attain our clients’ objectives and obtain the best possible outcome for them.
Representation before courts and authorities
We represent our clients before all Swiss courts and authorities. In order to achieve the best possible result for you, even in complex matters, we use our resources, our well-founded expertise as well as our years of experience efficiently to your benefit.
In particular, we advise and support you concerning the following topics:
- Civil disputes (e.g. marriage protection, divorce, inheritance disputes, rental disputes)
- General commercial disputes (e.g. agency contract, sale contract, contract for work and services)
- Disputes in corporate related matters (e.g. M&A disputes, directors’ liability, shareholders’ agreements)
- White collar crime proceedings (e.g. embezzlement, fraud)
- Intellectual property litigation (e.g. trademark, copyright)
- Labor law disputes (e.g. wage claims, abusive dismissal, non-competition, mobbing)
- Disputes in debt collection and bankruptcy matters (e.g. ranking of creditors procedure, fraudulent conveyances, freezing orders, attachment and enforcement of assets)
- Precautionary legal protection and provisional measures
- Enforcement of judgments and arbitral awards
Dispute avoidance, out of court settlements and contract drafting
We support our clients in the avoidance of disputes and proceedings by developing and executing strategies to avoid litigation as well as settle disputes out of court, in particular by way of out of court settlement. Our lawyers already advise you in the context of the contract drafting with the aim to prevent and avoid future disputes between the parties.
Your Experts
Patrick Stach
Senior Partner
Michael Kummer
Senior Partner
Ramon Bühler
Associate
Focus
Can the internet presence establish a place of jurisdiction abroad
Most companies that provide and sell goods or services use the Internet to market or sell these services. This leads to a larger circle of customers and thus also to customers abroad being addressed. On the one hand, distribution via the Internet increases the sales market, but on the other hand it also entails the risk of legal action being taken by customers abroad.
Amendment of the Regulation on International Mutual Legal Assistance
International cooperation in law enforcement is of great importance due to increasing globalisation. It often happens that criminal offences are committed across borders or that an offender commits crimes in several countries at the same time. In the area of white-collar crime, too, globalisation has led to increasingly international offences. In order to prosecute international crimes, the prosecuting state requests legal assistance. However, the request of another state is usually only granted if the latter grants reciprocal rights.[1] The Federal Council has addressed this bureaucratic problem and approved an amendment to the Mutual Legal Assistance Ordinance. This will come into force on 1 November 2020.
Anpassungen im Schuldbetreibungs- und Konkursrecht per 1. Januar 2019
Per 1. Januar 2019 sind drei neue Bestimmungen im Bundesgesetz über Schuldbetreibung und Konkurs (SchKG) in Kraft getreten. Die neuen Bestimmungen tragen wesentlich dazu bei, dass sich ungerechtfertigt Betriebene wehren können und die Nachteile eines (ungerechtfertigten) Eintrags im Betreibungsregister nicht hinnehmen müssen.
