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CMS

DREIKÖNIGSTRASSE 7, PO BOX 2991, 8022 ZÜRICH, SWITZERLAND
Tel:
Work +41 44 285 11 11
Fax:
Fax +41 44 285 11 22
Email:
Web:
cms.law
Aberdeen, Algiers, Amsterdam, Antwerp, Barcelona, Beijing and 70 more

Switzerland

Commercial, corporate and M&A
Commercial, corporate and M&A - ranked: tier 3

CMS

CMS offers ‘advice on short notice’, ‘transparent fees’, an ‘effective global network’ and ‘services that are tailor-made and focused on the clients’ needs based on a deep understanding of their businesses’. The practice is especially recommended for its M&A expertise and telecom sector knowledge, but also engages in private equity, W&I insurance and directors’ liability matters. Recently, the team advised Sunrise on the CHF500m sale of Swiss Towers to a consortium. ABB, Heraeus and Dover Corporation are also active clients. ‘Hands-on lawyerMarquard Christen, ‘dedicated’ team lead Stefan Brunnschweiler, ‘strong negotiatorAlain Raemy, ‘rising star’ Daniel Jenny and ‘reliable’ associate Andrea Ferchl are all recommended.

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Competition
Competition - ranked: tier 2

CMS

CMS‘ ‘renowned competition practice’ is backed up by ‘a huge international network with many highly qualified experts in every field of law’.delivers ‘top-notch client service’ and has an ‘excellent reputation in investigations’: The group focuses on representing clients in administrative proceedings, merger control cases as well as on the establishment of antitrust compliance programs: recent highlights include assisting Sunrise Communications with merger control issues regarding its sale of Swiss Towers. Apart from team lead Patrick Sommer, the ‘business-mindedMarquard Christen is the main adviser, who offers ‘superb, convincing advice’, ‘profound knowledge of antitrust law’ and has a ‘complex readiness of mind’. Further recommended is the ‘impressive’ Pascal Favre, as well as ‘tough negotiatorAlain Raemy.

Next generation lawyers

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Employment
Employment - ranked: tier 2

CMS

CMS delivers ‘great service and clear, comprehensive answers’ to employment law and corporate policy issues, including advice on M&A-related employment and contentious matters. The group is advising NIKE on a regular basis regarding employment certicificates, non-compete undertakings and secrecy agreements. Other active clients include Deutsche Lufthansa/Swiss International Airlines, Accenture and Burger King. The ‘responsive, professional and very practicalChristian Gersbach is a ‘pleasure to work with’.

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

CMS

CMS offers advice on regulatory and pricing issues, commercial cooperation agreements, product advertising and compliance programs. The team assisted Synlab International with its compliance program roll-out of in Switzerland and continues to represent Bayer in Swiss administrative proceedings concerning a pricing matter. Patrick Sommer and Alain Raemy lead the practice. IP counsel Simone Brauchbar Birkhäuser joined from Rentsch Partner AG in 2017.

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

CMS

Outstanding and proactive’ firm CMS has significant expertise in real estate, employment, competition and litigation matters. Stefan Gerster, Marquard Christen, Christian Gersbach, Jodok Wicki and Philipp Dickenmann are the names to note.

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Private client
Private client - ranked: tier 4

CMS

CMS is ‘well known in the Zurich area, especially for cross-border estate matters between Switzerland and Germany’, during which the firm ‘impresses with fast, high-quality service and its very good and approachable international network’. A more recent focus was the European Succession Regulation, which also affects Swiss individuals, families and entrepreneurs. The creation of bespoke living wills due to legal incapacity is another source of work additionally to divorce or post-mortem matters and disputes. The ‘smart, committed, reliable and experienced’ inheritance specialist Tobias Somary is recommended, as is senior associate Louise Lutz Sciamanna.

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Real estate and construction
Real estate and construction - ranked: tier 1

CMS

CMS is ‘driven by long-standing client relationships, which make for very effective collaboration’. The practice covers real estate transactions, developments, financing and litigation matters and packs a particular punch in assisting with hotel transactions, related management agreements and construction projects. The team advised Sunrise Communications on the sale of more than 2,000 telecommunication towers in Switzerland. Another key client is Swiss Prime Site, whom the group recently assisted with acquiring two campus facilities near Lake Geneva and in the Canton Valais per share deal. Team lead Stefan Gerster is recommended.

Leading individuals

Stefan Gerster - CMS

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Sports law
Sports law - ranked: tier 2

CMS

CMS is best known for advising on contentious matters in the football and hockey sectors. Recent highlights include representing new client Genève Servette Hockey Club in a disciplinary proceeding initiated by the National League against two of its players. Olivier Carrard has extensive experience as an arbitrator for the Court of Arbitration for Sports; Pierre Ducret and Christian Lüscher are other names to note.

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Tax
Tax - ranked: tier 4

CMS

CMS impresses with ‘very good response times, spot-on and personalised advice, as well as outstanding business acumen and industry knowledge’. The practice is well versed in corporate tax issues relating to business reorganisations and M&A transactions, but also assists private clients with wealth structuring and estate planning. The team advised Merbag on tax implications of its international expansion which included the acquisition of Mercedes-Benz Luxembourg. David Hürlimann ‘solves problems by taking the surrounding topics into account’, while Andrio Orler ‘understands both Swiss law and international tax consequences’ and ‘finds useful, outside-the-box solutions in a strictly compliant manner’.

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Switzerland: Banking and finance

Zurich
Banking and finance: Zurich - ranked: tier 3

CMS

CMS handles financing, corporate lending and regulatory matters, which include licence applications, FINMA rulings, as well as securities, insurance, anti-money laundering and derivatives trading issues. A major highlight for the three-partner team was the $1.8bn loan refinancing advice provided to Novelis. Other refinancing clients are Claire’s Accessories UK and synlab. Team head Jürg Guggisberg, Kaspar Landolt and André Lebrecht are the names to note.

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Switzerland: Dispute resolution

Litigation
Dispute resolution: litigation - ranked: tier 2

CMS

CMS provides ‘quality advice with very high responsiveness’ in banking, insurance, construction, white-collar crime and sports disputes and is also recommended as a ‘solid law firm for dispute resolution in commercial and employment law and enforcement cases’. The team acts for a Norwegian company in an ongoing enforcement proceeding against the owner of an offshore company. The client roster also includes AXA Leben and Atos. ‘Experienced trial lawyerDamiano Brusa has ‘a good feel for strategic questions’, while real estate expert Stefan Gerster is ‘very solution-oriented’. Further recommended are the ‘highly capable, organised and fast’ Jodok Wicki and the ‘professional and convincingPhilipp Dickenmann.

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Further information on CMS

Please choose from this list to view details of what we say about CMS in other jurisdictions.

United Arab Emirates

Offices in Dubai and Dubai

Albania

Offices in Tirana

Angola

Austria

Offices in Vienna

Belgium

Offices in Brussels, Antwerp, Brussels, Brussels, and Brussels

Bosnia and Herzegovina

Offices in Sarajevo

Bulgaria

Offices in Sofia and Sofia

China

Offices in Beijing, Beijing, and Shanghai

Croatia

Offices in Zagreb

Czech Republic

Offices in Prague

Germany

Offices in Hamburg, Frankfurt, Stuttgart, Berlin, Leipzig, Dusseldorf, Cologne, Munich, and Munich

Algeria

Offices in Algiers

Spain

Offices in Madrid, Malaga, Seville, Madrid, and Barcelona

France

Offices in Paris, Strasbourg, and Lyon

Hong Kong

Offices in Hong Kong and Hong Kong

Hungary

Offices in Budapest

Latin America: International firms

Italy

Offices in Rome and Milan

Lebanon

Offices in Beirut

Luxembourg

Offices in Luxembourg

Morocco

Offices in Casablanca

Montenegro

Offices in Podgorica

Netherlands

Offices in Utrecht and Amsterdam

Oman

Offices in Muscat

Poland

Offices in Warsaw and Poznan

Portugal

Offices in Lisbon

Romania

Offices in Bucharest

Russia

Offices in Moscow

Singapore

Offices in Singapore, Singapore, and Singapore

Slovenia

Offices in Ljubljana

Switzerland

Offices in Zurich and Geneva

Ukraine

Offices in Kiev and Kiev

Serbia

Offices in Belgrade

London

Offices in London EC4N and London EC3A

North West

Offices in Manchester

Scotland

Offices in Edinburgh, Glasgow, and Aberdeen

South East

Offices in Reading

South West

Offices in Bristol

Yorkshire and the Humber

Offices in Sheffield S2 and Sheffield S2

Legal Developments by:
CMS

  • Access to justice: protective costs orders in planning challenges

    Third parties and competing developers have no rights of appeal to the Secretary of State against planning decisions. Disappointed applicants can appeal to the Secretary of State and can have the merits of the application reconsidered. The only remedy available to a disappointed third party is a challenge by way of judicial review in the High Court on a point of law. The sense of frustration and disempowerment this creates has not been helped by the increasing complexity of the planning process and the use of consultation to legitimise decisions that many perceive may already have been taken.
    - CMS Group

Legal Developments in Switzerland

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • Cowen Acquires Quarton Group

    Cowen Inc., a NASDAQ listed, diversified financial services firm, agreed to acquire the Quarton group, a global financial advisor serving the middle market. Closing is expected in early 2019.
  • Bär & Karrer Advises the Banking Syndicate in the Rights Offering of ARYZTA

    On 19 November 2018, ARYZTA, a global food business with a leadership position in speciality bakery, completed a capital increase by way of a rights offering structured as a volume underwriting in the amount of approximately CHF 900 million. 97.4% of the shareholders of ARYZTA exercised their subscription rights in the rights offering. The new shares not subscribed were placed in the market.
  • Bär & Karrer Advises the Sellers on the Sale of Briner Winterthur

    The owners of Briner AG Winterthur sold the company. Briner is a leading family-owned trading and service company operating in the fields of construction services, steel services, supply systems and building services as well as heating and energy systems.
  • Bär & Karrer Advised GfK on the Sale of Four Divisions

    GfK has sold four global divisions (Customer Experience, Experience Innovation, Health and Public Affairs) to Ipsos. The sale included GfK's respective businesses in 25 countries.
  • 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.