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Press releases and law firm thought leadership

This page is dedicated to keeping readers informed of the latest news and thought leadership articles from law firms across the globe.

If your firm wishes to publish press releases or articles, please contact Shehab Khurshid on +44 (0) 207 396 5689 or shehab.khurshid@legalease.co.uk

 

Legal Developments Worldwide

Articles contributed by Niederer Kraft & Frey

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GrenzĂĽberschreitende Finanzdienstleistungen

April 2011 - Finance. Legal Developments by Niederer Kraft & Frey.

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Der Finanzbereich ist auch in der Schweiz einer der am stärksten regulierten Wirtschaftzweige. Sich darin zurechtzufinden ist nicht immer einfach. Nachfolgende Ausführungen sollen dazu einen Einstieg vermitteln. Sie zeigen, dass die Schweiz im Gegensatz zum Ausland und abgesehen vom Bereich der kollektiven Kapitalanlagen und der Versicherungsprodukte, was die Zulässigkeit von grenzüberschreitend angebotenen Finanzdienstleistungen anbelangt, ein sehr liberales Regime kennt.

FINMA-Richtlinie stösst auf rechtliche Barrieren

April 2011 - Finance. Legal Developments by Niederer Kraft & Frey.

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Variable VergĂĽtungen fĂĽr den Finanzsektor stehen im Spannungsfeld zwischen Regulierung und Zivilrecht

Schadenersatzansprüche des Kunden gegen den Vermögensverwalter - Beurteilung typischer Argumente

April 2011 - Finance. Legal Developments by Niederer Kraft & Frey.

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Anhand von an der Tagung besprochenen, fiktiven Fällen soll im vorliegenden Aufsatz auf einige wichtige Problemkreise im Bereich der Informationsund Sorgfaltspflichten im Anlagegeschäft und der Vermögensverwaltung eingegangen werden.

REVIDIERTER KONSUMENTENGERICHTSSTAND – EINE GEFAHR FÜR FINANZDIENSTLEISTER?

November 2010 - Finance. Legal Developments by Niederer Kraft & Frey.

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REVISED CONSUMER COURT - A POTENTIAL FOR FINANCIAL SERVICES?

Vermögensverwaltung III

November 2010 - Finance. Legal Developments by Niederer Kraft & Frey.

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Asset Management III

Multi-Seller Transactions

October 2010 - Real Estate & Property. Legal Developments by Niederer Kraft & Frey.

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Share Deals mit einer Vielzahl von Verkäufern 

Environment 2010

July 2010 - Projects, Energy & Natural Resources . Legal Developments by Niederer Kraft & Frey.

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The federal government enacts the complementing ordinances. The implementation of the federal statutes is for the most part the duty of the cantons, under the supervision of the federal authorities. The cantons enact the appropriate legislation. EU environmental regulations do not directly apply in Switzerland, as the country is not a member of the EU. However, Switzerland maintains extensive cooperative relations with the EU including with regard to the harmonisation of environmental legislation. Furthermore, it is a party to numerous international environmental conventions (see question 32).

Insolvency of banks and other financial institutions in Switzerland

July 2010 - Finance. Legal Developments by Niederer Kraft & Frey.

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Switzerland’s financial services industry attracts worldwide interest and investment. For that reason, the laws relating to the insolvency of Swiss banks and other financial institutions are of considerable international interest.

Acting in Concert vs.Limitation of Voting Power

June 2010 - Corporate & Commercial. Legal Developments by Niederer Kraft & Frey.

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The Commercial Court of the Canton of Zurich has recently confirmed that clauses limiting the voting power of a group of shareholders in the articles of association of Swiss listed companies must be narrowly interpreted by a board of directors. The court held, among other things, that shareholders acting in concert do not fall under such clauses in the absence of specific circumstances, irrespective of whether they may be considered a “group” for purposes of Swiss takeover laws.

Buyback of equity and debt securities in Switzerland

June 2010 - Finance. Legal Developments by Niederer Kraft & Frey.

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A substantial number of buyback programmes have been launched in the Swiss equity and debt capital markets over the past three years, with a substantial increase of bonds and convertible bonds buybacks in 2009. Before the financial crisis, issuers launched buybacks to either:

Switzerland: Environment Legislation 2010

February 2010 - Projects, Energy & Natural Resources . Legal Developments by Niederer Kraft & Frey.

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Switzerland: Environment Legislation 2010

Outsourcing arrangements in the current market

September 2009 - Employment. Legal Developments by Niederer Kraft & Frey.

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Outsourcing is expected to continue rising as companies attempt to restrueture Operation and reduce costs. But successful outsourcing depends on an exhaustive process, and it is vital that companies undertake vigorous due diligence of any potential Service Providers before entering into a binding agreement. This need has been accentuated by scandals such as the one involving Satyam in India - a populär outsourcing destination - which means that the industry now needs to restore confidence in the market.

Etate planning with foreign family foundations

August 2009 - Real Estate & Property. Legal Developments by Niederer Kraft & Frey.

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Individuals resident in Switzerland are not entirely free to whom they bequeath their estate. Swiss residents find themselves constrained by the forced heirship provisions of Article 470 et seq. of the Swiss Civil Code (SCC).

Environment in Switzerland: 2009

July 2009 - Projects, Energy & Natural Resources . Legal Developments by Niederer Kraft & Frey.

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The implementation of the federal statutes is for the most part the duty of the cantons, under the supervision of the federal authorities. The cantons enact the appropriate legislation.

Successful Planning in M&A Transactions

September 2008 - Corporate & Commercial. Legal Developments by Niederer Kraft & Frey.

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M&A transactions are complex undertakings involving many parties (“stakeholders”) that need to co-operate in order to get the deal through within a given timeframe. Apart from the business and legal skills that are required to promote the project there a third set of skills is needed, which, however, is underestimated in many cases: the ability to efficiently steer the transaction and all people involved so that the transaction can actually be closed at the envisaged date. Transactions which lack of efficient planning need often to be postponed or do even fail - not because the stakeholders do not have sufficient business and legal skills, but because there is no plan in place which would ensure efficient co-operation and, as a result, achievement of the final goal on time.

Joint Marketing and Competition Law

September 2008 - EU & Competition. Legal Developments by Niederer Kraft & Frey.

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The joint marketing by a sports association or a marketer gives rise to questions as a matter of cartel law because such marketing regularly leads to exclusive rights on the part of the umbrella association and/or of the marketer. A distortion in competition may result from this because production and price competition may be restricted. Or, to put it in the words of the EU Commission with respect to the joint marketing of the rights to the UEFA Champions League: “The sale of the entire rights on an exclusive basis and for a long period of time has the effect of reinforcing the position of the incumbent television companies as the only ones with the financial strength to win the bids. This, in turn, leads to unsatisfied demand from broadcasters and a lesser ability to make an attractive offer to customers. Sports and films are two key ingredients for television and for pay-TV channels in particular. They are also proving increasingly critical for the development of new technologies."[1].

Anwaltswerbung

May 2005 - Corporate & Commercial. Legal Developments by Niederer Kraft & Frey.

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Letter of Intent

March 2005 - Corporate & Commercial. Legal Developments by Niederer Kraft & Frey.

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Service Level Agreements

March 2005 - TMT ( Technology, Media & Telecoms). Legal Developments by Niederer Kraft & Frey.

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