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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
  • 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.