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Kellerhals Carrard

PLACE SAINT-FRANÇOIS 1, PO BOX 7191, 1002 LAUSANNE, SWITZERLAND
Tel:
Work +41 58 200 33 00
Fax:
Fax +41 58 200 33 11
Email:
Web:
www.kellerhals-carrard.ch
Basel, Bern, Lausanne, Lugano, Sion, Zurich

Switzerland

Capital markets
Capital markets - ranked: tier 3

Kellerhals Carrard

Kellerhals Carrard provides ‘excellent service across the board as well as practical, to-the-point advice’ and enables ‘mutual trust and a seamless interaction with clients’. In a 2017 highlight, the group advised Vifor Pharma as selling shareholder and Galenica Santé on the latter’s CHF2bn IPO. The ‘very committed and solution-oriented’ Beat Brechbühl is the key contact for transactions, while Dominik Oberholzer heads the financial products team.

Leading individuals

Beat Brechbühl - Kellerhals Carrard

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Commercial, corporate and M&A
Commercial, corporate and M&A - ranked: tier 2

Kellerhals Carrard

The ‘outstanding and excellentKellerhals Carrard focuses on mid-cap M&A transactions and corporate governance matters, especially in the healthcare and innovative technology sectors. The team advised Galenica on the separation of its pharmaceutical and healthcare businesses into independent companies. The ‘efficient, effective and responsive’ co-lead Ines Pöschel is recommended, as is ‘diligent and analytical’ managing partner Beat Brechbühl, who ‘never loses sight of any detail and provides clear leadership to his teams’.

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Competition
Competition - ranked: tier 2

Kellerhals Carrard

Kellerhals Carrard provides ‘fast, above-average service and pragmatic, comprehensible solutions which are focused on the clients’ needs’. The practice represents companies in cartel and abuse of dominance investigations, handles merger filings, conducts compliance audits and also works on authority claims in relation to pricing. A recent highlight was the merger control filing in Switzerland for the joint venture between Deutsche Telekom and Orange. The team further represents HCI Solutions in an investigation relating to abuse of dominance, which is currently in its appeal stage before the FAC. The Swiss Football League is another active client. ‘Highly experienced and perceptive’ practice lead Daniel Emch is recommended and Daniel Lengauer is another name to note.

Next generation lawyers

Daniel Emch - Kellerhals Carrard

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Employment
Employment - ranked: tier 2

Kellerhals Carrard

Kellerhals Carrard advises on a wide range of employment law matters and litigation cases, with a more recent focus on management contracts, say on pay regulations and working hour reviews. The team negotiated a collective bargaining agreement with the Swiss Syndicate for Media Employees for a radio and television company and advised a recruitment company on the enforcement of non-competition obligations against a leaving team of senior consultants. Daniel Alder is the main contact.

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Healthcare and life sciences
Healthcare and life sciences - ranked: tier 2

Kellerhals Carrard

Kellerhals Carrard advises life sciences companies, medical professionals and hospitals on regulatory, product liability, competition and contractual matters and is also adept at assisting start-ups with financing rounds and corporate transactions. The team is representing Roche Pharma and Interpharma in an ongoing price reduction litigation against the Federal Office of Public Health. KPT Versicherungen is another active client. Thomas Eichenberger is the main contact.

Leading individuals

Thomas Eichenberger - Kellerhals Carrard

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Insolvency and corporate recovery
Insolvency and corporate recovery - ranked: tier 2

Kellerhals Carrard

Kellerhals Carrardhas successfully established a brand which stands for expertise and reliability’ and is renowned for its experience in insolvency and liquidation proceedings. The team represented a consortium of banks in a liquidation investigation of a developer who had previously been granted a CHF3m overdraft facility by the clients. The lawyers also represented FINMA during the liquidation of a Swiss broker. Lehman Brothers Holdings is another longstanding client. Daniel Staehelin and Lukas Bopp ‘combine technical excellence and precise wording with pragmatism and a focus on the practical result’.

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Intellectual property
Intellectual property - ranked: tier 3

Kellerhals Carrard

Kellerhals Carrard covers patent, copyright and trade mark matters as well as IP issues related to technology transfers. The team advises Magnolia International on all IP structuring, strategy development and rights protection aspects. Daniel Alder and Nicolas Mosimann are the leading individuals of the practice.

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Leading firms: French-speaking Switzerland
Leading firms: French-speaking Switzerland - ranked: tier 3

Kellerhals Carrard

Kellerhals Carrard’s Lausanne practice is strong in arbitration as well as litigation and has a particular good standing in the TMT and sports sectors. François Kaiser, Nicolas Gillard, Ross Wenzel and Edgar Philippin are recommended.

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Leading firms: German-speaking Switzerland
Leading firms: German-speaking Switzerland - ranked: tier 3

Kellerhals Carrard

Kellerhals Carrard is best known for its public law, corporate, capital markets, healthcare and insolvency practices. Managing partner Beat Brechbühl, Thomas Eichenberger, Lukas Bopp and Christoph Jäger are the main partners.

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

Kellerhals Carrard

Kellerhals Carrard merged with former boutique firm PSMLaw in September 2017 and subsequently enhanced its outreach into the Ticino market. Focus areas include banking and finance, corporate and M&A, arbitration, litigation and tax. Arbitrator Henry Peter, banking lawyer and litigator Ivan Paparelli, private client specialist Giovanni Stucchi and M&A partner Massimiliano Maestretti form the core team.

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Public law
Public law - ranked: tier 1

Kellerhals Carrard

Kellerhals Carrard advises on infrastructure, construction, energy, environmental and public procurement projects, thereby delivering an ‘outstanding client service and responsiveness, as well as extreme commitment, genuine enthusiasm and an efficient entrepreneurial approach’. The practice represented datacentre provider NTS Workspace in its appeal against the Swiss Federal Office of Energy’s refusal to partially refund its electricity grid usage fee. Bern Airport is also being represented in an appeal procedure. ‘Clear communicator’ Christoph Jäger has a ‘strong track record in regulatory matters, public planning, construction and environmental law’ and is recommended for his ‘analytical, joined-up thinking’. Public procurement and construction litigator Ernst Hauser is another key member of the team.

Next generation lawyers

Christoph Jäger - Kellerhals Carrard

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Sports law
Sports law - ranked: tier 1

Kellerhals Carrard

Kellerhals Carrard handles football and doping-related arbitration disputes and further advises sports organisations on commercial and marketing topics, such as hosting, sponsorship, governance and regulatory issues. The practice represented the IAAF in several CAS arbitrations against Russian athletes, coaches and doctors concerning the Pound Report doping case and also acted for SC Internacional in arbitration proceedings before the Court of Arbitration for Sports in Lausanne concerning a relegation decision from the Superior Court of Brazilian Sports Justice related to the Brazilian championship competition. The recommended Ross Wenzel jointly heads the practice with François Carrard, Jean-Philippe Rochat and Jean-Pierre Morand.

Leading individuals

Ross Wenzel - Kellerhals Carrard

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TMT
TMT - ranked: tier 3

Kellerhals Carrard

Kellerhals Carrard primarily assists clients with outsourcings, e-commerce, fintech and IT litigation, while also advising telecoms companies on regulatory, corporate and transactional matters. The team regularly assists software company Magnolia International with IP matters, software licensing, development agreements and compliance aspects and recently represented several Swiss communities in a dispute regarding the cancellation of shareholder agreements with telecoms provider InterGGA due to poor service. Daniel Alder, Thomas Bähler, Edgar Philippin and Nicolas Mosimann are the key contacts.

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Switzerland: Banking and finance

Zurich
Banking and finance: Zurich - ranked: tier 4

Kellerhals Carrard

Kellerhals Carrard has experience in advising on asset management services, leasing transactions, fintech, white-collar crime and general regulatory banking law. In a notable highlight, the team advised UBS on regulatory matters regarding their exchange traded funds platforms. Man Group is another active client. Dominik Oberholzer, Daniel Staehelin and Armin Kühne are the key lawyers; Cornelia Stengel made partner in July 2017.

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Switzerland: Dispute resolution

Arbitration
Dispute resolution: arbitration - ranked: tier 3

Kellerhals Carrard

Kellerhals Carrardhas a good reputation’ in the arbitration arena, especially in relation to commercial and sports proceedings. The team represented Tanzania Electric Supply Company in an ICSID arbitration against Standard Chartered Bank concerning a power purchase agreement and represented Republic of Croatia in arbitral matters against Mol Hungarian Oil and Gas regarding a shareholder agreement. Siemens is another active client. The ‘excellentBernhard Berger and the ‘diligent, competent and professionalMartin Molina are recommended and François Kaiser is another name to note.

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Litigation
Dispute resolution: litigation - ranked: tier 4

Kellerhals Carrard

Kellerhals Carrard focuses on commercial and corporate litigation. The team represented a Swiss company in an insurance dispute related to the coverage of a turbine breakdown in an industrial plant in South America. Peter Schatz, Andreas Güngerich, Lukas Bopp and Nicolas Gillard head the team.

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Legal Developments by:
Kellerhals Carrard

  • Minder-Initiative – need for action?

    On March 3, 2013, the Swiss people voted in a nationwide ballot in favor of the so called “rip-off” initiative by the businessman-turned-politician Thomas Minder...
    - Kellerhals Attorneys at Law

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.