The Legal 500

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PRIME TOWER, HARDSTRASSE 201, 8005 ZURICH, SWITZERLAND
Tel:
Work +41 43 222 10 00
Fax:
Fax +41 43 222 15 00
Email:
Web:
www.homburger.ch

Switzerland

Capital markets
Capital markets - ranked: tier 1

Homburger

Homburger’s ‘industry and product knowledge is a real asset, supported by reliable advice, creativity and outstanding business acumen’. The practice assisted Zur Rose with its CHF252m IPO and listing on the SIX Swiss Exchange and also advised Credit Suisse on its issuance of new shares worth CHF4bn. The client roster also includes Julius Baer, Citigroup Global Markets and Sonova. The ‘very experienced and pragmaticRené Bösch and Benjamin Leisinger are recommended.

Leading individuals

Daniel Daeniker - Homburger

René Bösch - Homburger

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Commercial, corporate and M&A
Commercial, corporate and M&A - ranked: tier 1

Homburger

Homburger is active in all types of merger and acquisition work, with a particular focus on cross-border transactions. Recently, the team advised Clariant International on its $20bn merger of equals with Huntsman Corporation and assisted Johnson & Johnson with the $30bn public takeover acquisition of Actelion. On the corporate side, the group handles regulatory compliance and restructuring matters. Other active clients are General Electric, SIX Group and Sonova. Dieter Gericke leads the team, which also includes Hansjürg Appenzeller, Daniel Daeniker, Frank Gerhard and Daniel Hasler.

Leading individuals

Daniel Daeniker - Homburger

Dieter Gericke - Homburger

Next generation lawyers

Daniel Hasler - Homburger

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Competition
Competition - ranked: tier 1

Homburger

Homburger’s practice covers Swiss and European competition and antitrust law, as well as contractual matters, compliance and representation before commissions and courts. The team represented car importeur AMAG Automobil- und Motoren in three investigation proceedings before the Swiss Competition Commission regarding its distribution network, leasing and financing as well as alleged price-fixing, and successfully obtained merger clearance for Axel Springer and Ringier. Other clients include Booking.com, ChemChina and Clariant. Team lead Franz Hoffet is supported by key partner Marcel Dietrich.

Leading individuals

Franz Hoffet - Homburger

Marcel Dietrich - Homburger

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Employment
Employment - ranked: tier 1

Homburger

Homburger‘s ‘excellent’ team is ‘very client-oriented, reliable, responsive and easy to deal with’ and advises on employee participation plans, compensation issues, regulatory aspects, restructuring and transactions, as well as global relocation and contentious employment matters. Recent highlights include assisting General Motors with pension plan and TUPE issues related to its sale of Opel. Balz Gross and Gregor Bühler head the department and the ‘pragmatic, comprehensive and effectiveGabrielle Nater-Bass has ‘excellent experience and judgement’. Former counsel Roger Zuber left the firm to become a cantonal judge.

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Healthcare and life sciences
Healthcare and life sciences - ranked: tier 1

Homburger

Homburger focuses on IP, regulatory, transactional and alternative dispute resolution. Andri Hess represented Illumina in an infringement claim against Genoma related to NIPT patents before the Swiss Federal Patent Court and the group also advised Eli Lilly on an investigation regarding alleged vertical price fixing for pharmaceutical products. Johnson & Johnson also receives legal advice from the practice. Corporate partner Dieter Gericke, competition and regulatory lawyer Franz Hoffet and IP team lead Georg Rauber are the main contacts.

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Insolvency and corporate recovery
Insolvency and corporate recovery - ranked: tier 3

Homburger

Homburger’s ‘industry and product knowledge is a real asset, combined with excellent response times and reliable advice’; clients particularly recommend the ‘well-trained team and the outstanding business acumen of its lawyers’, who predominantly handle bankruptcy proceedings, restructurings as well as related transactional and capital market matters. An ongoing highlight is the development of bail-in instruments and resolution planning advice provided to clients such as Credit Suisse and UBS. René Bösch and Benjamin Leisinger both have ‘deep knowledge in recovery and resolution topics’ and are ‘creative and reliable when developing new products and solutions’. Stefan Kramer took over the practice lead from senior counsel Ueli Huber in January 2017.

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Intellectual property
Intellectual property - ranked: tier 1

Homburger

Homburger advises on the full spectrum of patents, trade marks and copyright matters and exhibits particular expertise in the pharma, life sciences, TMT and sports industries. Recent highlights include the representation of Illumina and Nestlé/Nespresso in separate patent infringement proceedings before the Swiss Federal Patent Court and advising Volkswagen on the protection of its trade mark at the Geneva Motor Show. Andri Hess, Gregor Bühler and Georg Rauber are the key contacts.

Leading individuals

Andri Hess - Homburger

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Leading firms: German-speaking Switzerland
Leading firms: German-speaking Switzerland - ranked: tier 1

Homburger

Homburger is highly regarded for its banking and capital markets expertise, which is provided by René Bösch and Daniel Daeniker, as well as for its advice on competition matters, handled by Franz Hoffet and Marcel Dietrich. The firm additionally has a strong reputation in both the healthcare and TMT sector, the latter of which is Georg Rauber’s specialty. Other focus areas include intellectual property, corporate, litigation and tax law. Balz Gross, Andri Hess, Dieter Gericke, Peter Riedweg and Dieter Grünblatt are other names to note.

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Private client
Private client - ranked: tier 3

Homburger

Homburger assists high-net-worth individuals and family offices with estate planning, tax and regulatory matters as well as the whole spread of contentious issues. The group continues to advise the executor on the administration of the late Marc Riche’s estate. The ‘client-centricGabrielle Nater-Bass is ‘a force to be reckoned with’, while ‘rising starClaudia Suteris a very good tax lawyer’. Estate planning lawyer Harold Grüninger leads the practice.

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Public law
Public law - ranked: tier 2

Homburger

Homburger advises sovereign states, as well as clients in the energy, IT, medical and financial services industries. In an ongoing highlight, the group is representing the Hashemite Kingdom of Jordan in an ICSID investment arbitration brough by a Qatari investor. Alpiq is also being represented in an investment arbitration against Romania, while Nord Energia, Fluxys and Siemens are other active clients. Regulatory and competition expert Franz Hoffet and litigator and arbitrator Mariella Orelli jointly head the practice.

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Real estate and construction
Real estate and construction - ranked: tier 2

Homburger

Homburger is a popular choice for investors, developers, funds and industrial and financial companies seeking advice on transactions, contracts, leasing, financing, REITs or construction projects. The team advised IKEA on the international divesture of 25 European shopping centres and represented a Swiss real estate company against a Swiss city in an arbitration matter revolving around the right to build and operate a car park. Practice lead Daniel Hasler, regulatory lawyer Marcel Dietrich, M&A specialist Dieter Gericke and litigator Balz Gross are the key members.

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TMT
TMT - ranked: tier 1

Homburger

Homburger is highly adept at advising clients from the telecommunications, media and IT sectors on the full spread of IP, data protection and outsourcing matters as well as on transactions, e-commerce and contentious issues. The team assisted Viacar with the redesign of its application platform and related project management aspects and defended Google against several claims concerning defamation and the right to be forgotten. Georg Rauber and David Rosenthal are the key partners.

Leading individuals

David Rosenthal - Homburger

Georg Rauber - Homburger

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Tax
Tax - ranked: tier 1

Homburger

Homburger covers both Swiss and international tax aspects of M&A and capital markets transactions, corporate reorganisations, financings as well as relocation and employment issues; the team also handles tax litigation. Recent highlights include advising Nestlé on tax issues related to its ice cream and frozen goods joint venture with British R&R and assisting Nord Stream 2 AG with tax-efficient capital structuring. Dieter Grünblatt, Reto Heuberger, Stefan Oesterhelt and Peter Riedweg are the main advisers.

Leading individuals

Dieter Grünblatt - Homburger

Peter Riedweg - Homburger

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Switzerland: Banking and finance

Zurich
Banking and finance: Zurich - ranked: tier 1

Homburger

Homburger is highly recommended for its ‘legal and advisory services’, which cover regulatory aspects, financings and transactions. Recent highlights include the assistance provided to ChemChina regarding its $43bn acquisition of Syngenta and advising Credit Suisse’s Swiss Mortgage Fund I on sale and transfer risk advice of loans. The team also represented UBS in regulatory and FINMA enforcement proceedings related to its FX business. René Bösch and Daniel Haeberli are recommended along counsels Lee Saladino, Eduard De Zordi and Benjamin Leisinger, who made partner in 2018.

Leading individuals

Daniel Daeniker - Homburger

René Bösch - Homburger

Next generation lawyers

Benjamin Leisinger - Homburger

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Switzerland: Dispute resolution

Arbitration
Dispute resolution: arbitration - ranked: tier 1

Homburger

The ‘responsive and punctual’ practice at Homburger provides ‘professional and reliable advice’ to domestic and international blue-chip companies, particularly in the regulated industries, and packs a particular punch in commercial arbitration. The team respresented Pawlowski in an ICSID claim against the Czech Republic concerning a real estate development project and also represented Alpiq in a proceeding against Romania regarding the unlawful termination of several electricity supply contracts. As president of tribunal, Gabrielle Nater-Bass acted in an $1.4bn ICC arbitration between a Chinese energy investor and the Ethiopian Ministry of Mines. Georg Naegeli is recommended for his ‘strength in analysing complex situations’. Balz Gross heads the practice.

Leading individuals

Felix Dasser - Homburger

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Litigation
Dispute resolution: litigation - ranked: tier 1

Homburger

Top Swiss law firmHomburger provides a ‘very high level of service’, especially for private companies in the regulated industries regarding commercial, employment, insurance, white-collar crime and data protection disputes. Recent highlights include representing Alpiq in civil and administrative proceedings related to statutory and contractual pre-emption rights on shares in Swissgrid. Zurich Insurance and Ericsson are other key clients. The ‘knowledgable, professional and pleasant-to-work-withBalz Gross took over the dispute resolution lead from commercial litigator Felix Dasser.

Leading individuals

Balz Gross - Homburger

Felix Dasser - Homburger

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Legal Developments in Switzerland

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • Derivatives Trading under FMIA: Reporting Obligations

    On 14 September 2018, the Federal Council extended the transition period for the reporting of derivative transactions by small non-financial counterparties (NFC-) until 1 January 2024 under the Financial Market Infrastructure Act (FMIA). The amendment to the Financial Market...
  • Swiss Tax Reform Package Approved: Update and Outlook

    The Swiss National Council approves the proposed tax reform package! On 12 September 2018 the larger chamber of parliament adopted the proposal of the Economic Affairs and Taxation Committee of the Council of States on the Federal Act on Tax Reform and AHV Financing (formerly Tax Proposal 17), which is largely in line with the legislative bill adopted by the Council of States, the smaller chamber of parliament. Although slight differences regarding the capital contribution principle remain to be settled, the majority of member of the National Council sees the adopted text of the bill as a viable compromise.
  • Retrocessions: Criminal Consequences of Non Disclosure

    In a recent decision 6B_689/2016 of 14 August 2018, the Swiss Federal Supreme Court held that the failure to disclose adequately retrocessions may constitute an act of criminal mismanagement. After a short summary of the legal framework governing the disclosure of retrocessions, the present briefing analyses this decision and its practical impact in particular for Swiss financial institutions dealing with external asset managers.
  • Bär & Karrer Advises Waterland on its Investment in Tineo

    Waterland Private Equity invested in Tineo AG after the carve-out from Quickline Holding AG. Tineo is an integrated enterprise solution provider of data centres, glass-fiber connections, high-speed internet and VoIP services with state-of-the-art infrastructure
  • Bär & Karrer Elects Ruth Bloch-Riemer, Daniel Raun and Philippe Seiler to Partner

    Bär & Karrer has announced the election of Ruth Bloch-Riemer, Daniel Raun and Philippe Seiler to the firm's partnership. The appointment is effective as of 1 January 2019.
  • Bär & Karrer Advises Swiss Prime Site on its Rights Offering

    On 28 September 2018, Swiss Prime Site, the largest publicly listed real estate investment company in Switzerland, completed a capital increase by way of a rights offering to its shareholders in the amount of approximately CHF 320 million. 97,7% of the shareholders of Swiss Prime Site exercised their subscription rights in the rights offering. The remaining new shares not subscribed were placed in the market. The offer price was set at CHF 74.00 per share. Credit Suisse and UBS Investment acted as Joint Global Coordinators, J.P. Morgan and Zürcher Kantonalbank acted as Joint Bookrunners.
  • Bär & Karrer Advises SIG Combibloc Group as Issuer and Onex as Selling Shareholder on the IPO of SI

    SIG Combibloc, a leading provider of aseptic carton packaging solutions for the food and beverage industry, successfully priced its IPO and listed its shares on the SIX Swiss Exchange, where trading commenced on 28 September 2018. With a market capitalization of CHF 3.6 billion and a generating total gross proceeds of CHF 1.5 billion, this is considered as the largest IPO on the SIX Swiss Exchange in the last years. In connection with the IPO, SIG Combibloc Group Holdings S.A., the holding company of SIG Combibloc Group, migrated its legal seat and the place of management of the company from Luxembourg to the Canton of Schaffhausen, Switzerland by way of a cross-border relocation and thereby became a stock corporation governed by Swiss law prior to the first day of trading.
  • Bär & Karrer Advises the Joint Bookrunners in the Offering of an Aggregate of USD 8,000,000,000 Not

    Nestlé Holdings, Inc. completed an offering of USD 1,000,000,000 3.100% Notes due 2021, USD 1,500,000,000 3.350% Notes due 2023, USD 900,000,000 3.500% Notes due 2025, USD 1,250,000,000 3.625% Notes due 2028, USD 1,250,000,000 3.900% Notes due 2038 and USD 2,100,000,000 4.000% Notes due 2048. The notes were offered and sold by the Joint Bookrunners in the United States in reliance on Rule 144A and in transactions outside the United States in reliance on Regulation S under the U.S. Securities Act. Each series of notes is guaranteed by Nestlé S.A.
  • Bär & Karrer Advises Aduno Group on the Acquisition of Accarda

    Aduno Group has increased its participation in Swiss payment solutions specialist Accarda AG from 30% to 100% following an auction process for the acquisition of the 70% stake from Maus Frères SA.
  • 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.