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
  • 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.