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Editorial

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  1. Insolvency and corporate recovery
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Who Represents Who

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Schellenberg Wittmer Ltd’s ‘excellent team’ is regularly called on to advise on complex insolvency cases. It is acting as administrator of Petroplus Refining Cressier and assisted FINMA with an investigation into the collapse of Banque Privée Espírito Santo. Vincent Jeanneret is recommended for his wide-raging knowledge of Swiss insolvency law, and of counsel Olivier Hari attracts praise for his ‘outstanding experience in Swiss financial insolvency law’.

Wenger Plattner’s practice has ‘unrivalled strength, depth and experience, particularly in the role as appointed administrator’. It has recently been appointed by FINMA as liquidator of Bank Hottinger & Cie and continues to act as liquidator for several companies of the Swissair group and the Petroplus group. Key figures include The ‘very experiencedKarl Wüthrich, Brigitte Umbach-Spahn (who is ‘a very good negotiator’), Fritz Rothenbühler and ‘very bright’ senior associate Stefan Bossart.

Baker McKenzie’s team assisted AE&E Inova Holding with its restructuring, enabling the client to lift the debt moratorium and start a voluntary liquidation. Other clients include UBS and Swissmetal Industries in liquidation. Lukas Glanzmann is recommended. Urs Schenker joined Walder Wyss Ltd

Kellerhals Carrard’s ‘very thorough’ team has been appointed by FINMA as liquidator of Banque Privée Espírito Santo and continues to represent Lehman Brothers Holding in the insolvency proceedings of Lehman Brothers Finance. Daniel Staehelin and Lukas Bopp are recommended.

Lenz & Staehelin’s practice assisted Valartis Group with its restructuring under the protection of an initially non-public composition moratorium, and continues to advise creditors on enforcing their rights against insolvent Petroplus. Tanja Luginbühl and Roland Fischer are recommended.

Bär & Karrer AG’s practice focuses on out-of-court restructurings, and also regularly represents creditors in insolvency proceedings, such as in the Lehmann Brothers case. Thomas Rohde heads the practice.

Homburger’s expertise includes handling corporate restructurings of distressed companies and representing creditors throughout the pre-insolvency phase, in insolvency proceedings and in related litigation. Ueli Huber heads the practice.

Niederer Kraft & Frey AG’s ‘very good’ team has been advising Valartis Bank (Austria) on the Swiss moratorium proceeding for Valartis Group and acted for several creditors in the insolvency of sports marketing agency ISL. Thomas Sprecher is recommended.

Pestalozzi assists creditors in insolvency proceedings and related litigation. It is continuing to act for First International Bank of Israel and Union Bank of Israel in the Regent Diamond Group insolvency. Thomas Rohner and newly promoted partner Florian Mohs are recommended.

Prager Dreifuss AG regularly represents creditors in insolvency proceedings. The firm acts for Attestor Value Master Fund, an alternative investment fund focused on distressed claims, on issues arising from its investments, and is acting as lead adviser to the bondholders in claims against the insolvent Petroplus group. Daniel Hayek is recommended.

Staiger Attorneys at Law’s Marc Bernheim has been defending the Swiss Climate Cent Foundation against a clawback action by the liquidators of Petroplus Marketing and continues to act as extraordinary receiver of the bankruptcy estates of the Atraxis group of companies.

Vischer’s ‘excellent’ practice successfully defended PwC as liquidator of the Swiss entities of Lehman Brothers against a creditor’s challenge of the schedule of claims. It is also representing LSF VIII Pine Investments as creditor in the moratorium proceedings of the Valartis Group. David Jenny is recommended.

Walder Wyss Ltd has been advising administrators of foreign Petroplus entities on Swiss insolvency proceedings and assisted Investec Bank with the insolvency proceedings of Immobiliengesellschaft Ausserholligen. Recommended lawyers include Christoph Stäubli and counsel Urs Schenker, who recently joined from Baker McKenzie.

Froriep’s team continues to act for the joint liquidators of UK Petroplus entities regarding claims arising from Swiss insolvency proceedings. Recently promoted partner Sabina Schellenberg is a name to note.

Meyerlustenberger Lachenal regularly advises creditors on enforcing their rights in insolvency proceeding and related litigation. Marcel Lustenberger is ‘very experienced’.

Wenger & Vieli assisted with the restructuring of distressed packaging producer PetroplastVinora and is acting as liquidator of Helvetia Wealth. Georg Zondler heads the practice.

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Press releases

The latest news direct from law firms. If you would like to submit press releases for your firm, send an email request to

Legal Developments in Switzerland for Insolvency and corporate recovery

  • 17 February 2017: Auris Medical's Public Equity Offering

    Auris Medical Holding AG (NASDAQ: EARS) issued and priced its public offering of 10,000,000 common shares and 10,000,000 warrants, each warrant entitling its holder to purchase 0.70 of a common share.  The common shares and warrants are being sold in units comprised of one common share and one warrant at the public offering price of USD 1.00 per unit. The warrants will be immediately exercisable at a price of USD 1.20 per common share and are exercisable for five years. In connection with the offering, the Company has granted the underwriter a 30-day option to purchase up to 1,500,000 additional common shares and/or 1,500,000 additional warrants at the public offering price less underwriting discounts. The offering is expected to close on or about February 21, 2017, subject to customary closing conditions. Roth Capital Partners is acting as sole book-running manager in the offering. Maxim Group LLC is acting as a financial advisor in the offering.
    - Walder Wyss Ltd

Legal Developments in Switzerland

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • 17 February 2017: Auris Medical's Public Equity Offering

    Auris Medical Holding AG (NASDAQ: EARS) issued and priced its public offering of 10,000,000 common shares and 10,000,000 warrants, each warrant entitling its holder to purchase 0.70 of a common share.  The common shares and warrants are being sold in units comprised of one common share and one warrant at the public offering price of USD 1.00 per unit. The warrants will be immediately exercisable at a price of USD 1.20 per common share and are exercisable for five years. In connection with the offering, the Company has granted the underwriter a 30-day option to purchase up to 1,500,000 additional common shares and/or 1,500,000 additional warrants at the public offering price less underwriting discounts. The offering is expected to close on or about February 21, 2017, subject to customary closing conditions. Roth Capital Partners is acting as sole book-running manager in the offering. Maxim Group LLC is acting as a financial advisor in the offering.
  • 16 February 2017: Credit Suisse successfully launched its new subsidiary Credit Suisse (Switzerland)

    Credit Suisse (Switzerland) Ltd. was incorporated with the purpose to be organized as a Swiss bank. It is a wholly owned subsidiary of Credit Suisse AG. The transfer of assets and liabilities according to Swiss merger law became effective on 20 November 2016. The transfer was aimed to evolve the legal entity structure of the Credit Suisse Group to meet regulatory requirements for systematically important banks.
  • 14 February 2017: BASF acquires Rolic Group

    BASF acquires Rolic, a Swiss based group offering innovative and forward-thinking solutions, particularly in the display and security industries as well as the optical film business.
  • 15 February 2017: gategroup CHF 300 mio. bond issuance

    gategroup successfully raised CHF 300 million through the issuance of a fixed rate 5-year senior bond with a final maturity on February 28, 2022. The bond with a coupon of 3% p.a. has been issued by gategroup Finance (Luxembourg) S.A. and is guaranteed by its parent company gategroup Holding AG. gategroup will apply for the listing of the new bond on the SIX Swiss Exchange.
  • 17 February 2017: RWS acquires LUZ, Inc.

    RWS Holdings plc, a world leading provider of intellectual property support services (patent translations, international patent filing solutions and searches), commercial translations and linguistic validation, has completed the acquisition of 100% of LUZ, Inc., a market leading Life Sciences language services provider based in San Francisco, for a cash consideration of USD82.5m.
  • 17 February 2017: Cembra Money Bank acquires invoice financing provider SWISSBILLING SA

    Cembra Money Bank has reached an agreement to acquire 100% of the shares of SWISSBILLING. The transaction is expected to close within the first quarter of 2017. The transaction consideration was below CHF 10 million and is expected to have a negative impact of 0.1% on the Group’s CET1 ratio as at closing.
  • 7 February 2017: TPF closes private offering and bank financing

    Transports publics fribourgeois Trafic (TPF TRAFIC) SA closed the financing of its maintenance and exploitation centre in the canton of Fribourg. The financing was partly made through a CHF 40 mio. private placement, a CHF 32 mio. secured bank loan and a CHF 55 mio. unsecured bank loan.
  • 3 February 2017: Migros acquires Tipesca

    The Migros Group, through Mérat & Cie. SA, has acquired Tipesca SA, a company incorporated in the canton of Tessin. Tipesca offers a wide range of fish products.
  • 24 January 2017: Sharp Corporation and Skytec Group Limited enter into strategic business alliance

    Japan-based Sharp Corporation, part of Taiwan’s Foxconn Group, enters into a strategic business alliance with Skytec Group Limited (“Skytec”) regarding the manufacture and sale of Sharp branded products and services in Europe. For that purpose, Sharp acquires a majority stake of 56.7% in the newly incorporated joint venture Skytec UMC Ltd.
  • 25 January 2017: Zug Estates CHF 100 mio. Bond

    Zug Estates Holding AG (SIX: ZUGN) has successfully issued its first CHF 100 mio. fixed-interest bond with a 0.7% coupon and a 5-year maturity.

Press Releases in Switzerland

The latest news direct from law firms. If you would like to submit press releases for your firm, send an email request to
  • Bär & Karrer Advises the Sellers of AWK Group

    The owners of AWK Group AG sold the company to Deutsche Private Equity GmbH, an independent German investment company. AWK Group is one of the largest independent Swiss consulting firms for information technology and digitalization.
  • Valiant Bank AG places inaugural Swiss Covered Bond

    Valiant Bank AG has successfully placed a CHF250 million covered bond with a 10 year term and carrying a coupon of 0.375 percent. Moody's assigned a provisional (P)Aaa rating to Valiant Bank AG's mortgage covered bonds. Valiant Bank AG intends to have the covered bonds provisionally admitted to trading at the SIX Swiss Exchange on 5 December. The transaction is the first public covered bond issuance entirely structured under Swiss law with a Swiss guarantor. BNP Paribas (Suisse) SA and Zürcher Kantonalbank act as lead-manager.
  • Bär & Karrer Advises Valora on its Rights Offering

    Valora Holding AG completed a capital increase raising net proceeds of approximately CHF 166 million. The capital increase was executed as an "at market" rights offering. The offer price for the new shares was determined following a bookbuilding process for the shares not taken up by existing shareholders. Valora will use the proceeds from the capital increase to refinance its recent acquisition of BackWerk, to finance the expansion of production capacities, to refinance existing capital market instruments and for general corporate purposes. Credit Suisse and J.P. Morgan acted as Joint Global Coordinators and Joint Bookrunners.
  • Bär & Karrer Advised KKR on a Follow-On Investment in GetYourGuide

    KKR, a leading global investment firm, together with other investors, has closed an investment to increase its minority stake in GetYourGuide AG. GetYourGuide is the world's largest online platform for tours, activities and attractions and offers over 31,000 activities in nearly 7,300 destinations.
  • Bär & Karrer Advises Talbot Holding on its Public Tender Offer for ImmoMentum

    On 29 August 2017, Talbot Holding AG, an entity controlled by investment company Actium AG, launched an all cash public tender offer for all listed shares in ImmoMentum AG, a Swiss real estate company listed on BX Berne eXchange invested primarily in residential real estate. With the satisfaction of all offer conditions, the offer was successfully settled on 10 November 2017. As a result, Talbot Holding holds 99.67% of the voting rights and share capital of ImmoMentum.
  • Digital Influencer Marketing – Worldwide Legal Developments and Switzerland

    Digital Influencer Marketing – Worldwide Legal Developments and Switzerland – Digital Influencer Marketing is a new subtle form for reaching target audiences online. Due to its’ increasing emergence as a marketing practice, governmental agencies and selfregulatory bodies worldwide have reacted with the issuance of guidelines how such practices should be conducted in a transparent manner. Also, a few court decisions have been rendered with remarkable remedies ordered. Therefore, it appears sensible to take broad look at what’s happening on our globe. In the following, we will provide (i) an overview on noteworthy legal developments with regard to digital influencer marketing in select jurisdictions worldwide, (ii) an overview on the legal status of digital influencer marketing in Switzerland and (iii) a general impact assessment for businesses in Switzerland. 
  • Nouscom AG USD 40 Mio. Series B Financing Round

    Walder Wyss advises Abingworth and 5AM Venture on Nouscom’s Series B financing round. Nouscom is active in the development of tumor specific oncolytic viruses and patient specific cancer vaccines. The financing round was subscribed by Abingworth and 5AM Venture as well as by existing shareholders.
  • Bär & Karrer Advises Muhr und Bender on the Sale of its Stake in Feintool

    On 3 October 2017, Dr. Thomas Muhr and Muhr und Bender KG sold their entire stake in Feintool International Holding AG (Feintool) amounting to 616,500 shares of Feintool corresponding to 13.81% of the total share capital of Feintool. The shares were sold to institutional investors through an accelerated bookbuilding process led by Bank Berenberg.
  • Bär & Karrer Advises Orior on the Placement of a CHF 110 Million Inaugural Bond Issue

    Orior AG successfully completed the placement of its CHF 110 million inaugural bond issue. The bonds carry a coupon of 0.625% and will mature on 26 September 2023 at par. They have been provisionally admitted to trading at the SIX Swiss Exchange and are expected to be listed there as well. The issue was lead-managed by UBS AG and Zürcher Kantonalbank.
  • Bär & Karrer Advises Valora on the Acquisition of BackWerk

    Valora has signed an agreement to acquire BackWerk from Swedish financial investor EQT. BackWerk is a German-based food service company with over 340 locations mainly in Germany, Austria and the Netherlands. Completion is subject to merger control approval.