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Bär & Karrer Ltd.

BRANDSCHENKESTRASSE 90, 8027 ZÜRICH, SWITZERLAND
Tel:
Work +41 58 261 50 00
Fax:
Fax 0041582635393
Email:
Web:
www.baerkarrer.ch
Geneva, Lugano, Zug, Zurich

Switzerland

Capital markets
Capital markets - ranked: tier 1

Bär & Karrer Ltd.

Bär & Karrer Ltd. is known for its expertise in IPOs as well as equity-related, transactional and bond and note issuance matters. The team advised UBS as bookrunner on AFG Arbonia-Forster’s CHF37.8m private placement of over 2.6m new shares and assisted the banking syndicate with Galenica Santé’s CHF1.9bn IPO. African Bank, Deutsche Bank and Goldman Sachs are other active clients. Thomas Reutter is the main adviser and sole team head, after Till Spillmann joined Niederer Kraft & Frey AG.

Leading individuals

Ralph Malacrida - Bär & Karrer Ltd.

Thomas Reutter - Bär & Karrer Ltd.

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

Bär & Karrer Ltd.

A ‘top class’ practice with ‘a dynamic and highly intelligent approach’, Bär & Karrer Ltd.’s ‘entire team is very committed to delivering custom-made advice’ in M&A transactions as well as regulatory corporate matters: recent highlights include assisting Lonza with the $5.5bn acquisition of Capsugel and advising Huntsman Corporation on the $20bn all-stock merger with Clariant. The ‘excellentRalph Malacrida, ‘M&A star’ Rolf Watter and public M&A expert Mariel Hoch are recommended. Till Spillmann joined Niederer Kraft & Frey AG.

Leading individuals

Christoph Neeracher - Bär & Karrer Ltd.

Rolf Watter - Bär & Karrer Ltd.

Next generation lawyers

Mariel Hoch - Bär & Karrer Ltd.

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Competition
Competition - ranked: tier 2

Bär & Karrer Ltd.

Bär & Karrer Ltd. covers cartel and abuse of dominance investigations, as well as antitrust matters. Recent highlights include advising PSA on competition law aspects of its acquisition of Opel and Vauxhall. Ralph Lauren, Credit Suisse and Fluxys are other active clients. Mani Reinert is the main contact.

Leading individuals

Mani Reinert - Bär & Karrer Ltd.

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Employment
Employment - ranked: tier 1

Bär & Karrer Ltd.

Bär & Karrer Ltd. provides employment advice in connection with corporate transactions and restructurings, including relocations, international assignments, permits, data protection aspects and exit packages, on dismissals, retention packages, social plans and compliance as well as litigation support. Strong sector experience has been gained in the sports, financial services, life sciences, technology and energy industries. The team advised Huntsman on incentive plans and employment contracts related to its merger with Clariant. Counsel Laura Widmer is recommended.

Next generation lawyers

Laura Widmer - Bär & Karrer Ltd.

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

Bär & Karrer Ltd.

Bär & Karrer Ltd. covers transactions, regulatory matters, product marketing and distribution, as well as IP advice and litigation in the health and life sciences sector. Recent highlights include advising Galenica Santé on its CHF1.9bn IPO on the SIX Swiss Exchange and assisting EQT with the acquisition of Fertin Pharma from Bagger-Sørensen. Novartis is another key client. Markus Wang and Markus Schott are recommended.

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

Bär & Karrer Ltd.

Bär & Karrer Ltd. has a strong focus on assisting private equity companies with restructurings, but also represents creditors in insolvency proceedings and advises investors and shareholders on risk mitigation. In a recent highlight, the group assisted Credit Suisse and UBS with the recapitalisation program of Meyer Burger Technology. In other work, the Geneva team acted as supervisors appointed by FINMA on the bankruptcy of Banque Privée Espírito Santo. Thomas Rohde is the main contact; Urs Kägi, Cédric Chapuis and Christoph Neeracher are other names to note.

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Intellectual property
Intellectual property - ranked: tier 2

Bär & Karrer Ltd.

Bär & Karrer Ltd. is adept at advising on IP aspects of M&A and capital market transactions as well as on licensing arbitration matters for pharmaceutical and technology companies. The team assisted Bank Coop with IP issues related to its rebranding to Bank Cler and advised chemicals company Lonza on cross-licensing structures related to its strategic partnership with Sanofi. Volkswagen Truck & Bus, Sanofi and EQT are other active clients. Practice lead Markus Wang is a ‘very experienced lawyer with great expertise’. Pierre-Yves Gunter joined from Python in January 2017.

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Leading firms: French-speaking Switzerland
Leading firms: French-speaking Switzerland - ranked: tier 2

Bär & Karrer Ltd.

The French-speaking team of Bär & Karrer Ltd. is best known for banking, insolvency, arbitration and litigation work. Cédric Chapuis, Pierre-Yves Gunter and Saverio Lembo are the key partners. Tax lawyer Christoph Suter joined from EY Law AG.

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

Bär & Karrer Ltd.

Bär & Karrer Ltd. is particularly well versed in advising on banking and finance, capital markets, corporate and M&A issues as well as competition, dispute resolution, private client and sports matters. Eric Stupp, Ralph Malacrida, Thomas Reutter, Mani Reinert, Daniel Hochstrasser, Andreas Länzlinger, Tina Wüstemann, Markus Schott and Michele Bernasconi are all recommended advisers.

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

Bär & Karrer Ltd.

The Lugano office of Bär & Karrer Ltd. handles transactions, disputes, tax and private client matters. Paolo Bottini, Andrea Gamba, Cesare Jermini and Massimo Vanotti are the key contacts.

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Private client
Private client - ranked: tier 1

Bär & Karrer Ltd.

Bär & Karrer Ltd. covers international wealth and estate planning, litigation, estate administration and execution, charity foundation, relocation, pre-nuptial agreements, M&A, tax planning and art collection advice. Team lead Tina Wüstemann, Daniel Leu and Daniel Bader are the main practitioners. Tax expert Christoph Suter joined the Geneva office in October 2017 from EY Law AG, while Robert Danon left to found Danon & Salomé at the start of 2017.

Leading individuals

Tina Wüstemann - Bär & Karrer Ltd.

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Public law
Public law - ranked: tier 1

Bär & Karrer Ltd.

Bär & Karrer Ltd.‘s ‘client-oriented’ public law practice impresses with its ‘remarkable awareness of business needs and profound corporate knowledge’. The group focuses on both contentious and non-contentious public law issues in the infrastructure, energy, telecommunication, education and healthcare sector and recently assisted Swissgrid with the valuation of its grid assets by the Swiss Federal Electricity Commisision. Novartis is another active client. Public and administrative lawyer Markus Schott and regulatory energy law expert Phyllis Scholl are recommended.

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

Bär & Karrer Ltd.

Transactional and corporate advice are Bär & Karrer Ltd.’s mainstays in the real estate arena: in recent higlights, the practice assisted Valora with the sale of the La Praille building in Geneva to retail company Migros and further acted as transaction counsel for Swiss Prime Site during its CHF250m 0.25 convertible bonds placement. Swiss Life, TH Real Estate and Orascom also receive legal services from the team. Corrado Rampini in Zurich is the lead adviser.

Leading individuals

Corrado Rampini - Bär & Karrer Ltd.

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Sports law
Sports law - ranked: tier 1

Bär & Karrer Ltd.

Bär & Karrer Ltd. focuses primarily on sports arbitration and litigation proceedings; notably, the team supported UEFA in several disciplinary and commercial arbitration matters before the Court of Arbitration for Sports and the ICC. ‘Rare talentMichele Bernasconi is ‘one of the best CAS arbitrators’ and a ‘real problem solver with excellent settlement and mediation skills’; he recently served as sole arbitrator in the dispute between Real Madrid Club de Fútbol and FIFA, which resulted in a new-player registration ban for one season and a fine to be paid to FIFA by Real Madrid. The Olympic Council of Asia also receives legal services from the practice.

Leading individuals

Michele Bernasconi - Bär & Karrer Ltd.

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TMT
TMT - ranked: tier 2

Bär & Karrer Ltd.

Bär & Karrer Ltd.’s ‘meticulous’ team ‘provides high-quality advice in a very prompt manner’, not least due to its ‘quick understanding, great experience in international matters and unique arbitration and litigation expertise’. The practice covers software contracts, IT outsourcings, M&A transactions, IP matters, as well as regulatory and tax issues. Recent highlights include advising Sky Deutschland on its acquisition of Homedia and assisting industry heavyweights such as Expedia and Facebook with regulatory issues. As ‘one of Switzerland’s leading lawyers in the TMT area’, the ‘clever, pragmatic and technically impeccableMichele Bernasconi has a ‘unique background in media issues’ and ‘always anticipates problems’; he jointly heads the practice with Markus Wang.

Leading individuals

Michele Bernasconi - Bär & Karrer Ltd.

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Tax
Tax - ranked: tier 1

Bär & Karrer Ltd.

Bär & Karrer Ltd. has ‘a top-quality tax department for high-end international transactions and planning matters’, which delivers ‘fast responses with a pragmatic approach’. The group focuses on tax advice related to M&A, financing transactions and restructuring matters, as well as on international taxation and negotiations with tax authorities; it recently advised Regus on tax aspects of the establishment of new holding company IWG. Daniel Bader focuses on tax advice for private clients and jointly heads the team with the ‘commercial’ Susanne Schreiber, who has ‘amazing VAT and direct tax know-how, communicates well and is connected to every major tax player in Switzerland’. Daniel Lehmann is an ‘excellent tax adviser’ and Christoph Suter joined the team from EY Law AG in October 2017.

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Transport
Transport - ranked: tier 3

Bär & Karrer Ltd.

Bär & Karrer Ltd. handles finance, M&A, regulatory, employment, antitrust, data protection and contentious matters in the aviation, maritime and rail industries. The practice advised EQT Infrastructure II on its acquisition of CHEP Aerospace Solutions from supply-chain logistics provider Brambles. Luca Jagmetti is the key contact of the practice, which also includes aviation specialist Mariel Hoch, financing lawyer Ralph Malacrida, IP partner Markus Wang and railroad and logistics expert Christoph Neeracher.

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Switzerland: Banking and finance

Geneva
Banking and finance: Geneva - ranked: tier 2

Bär & Karrer Ltd.

Bär & Karrer Ltd.’s banking and finance team advises financial institutions, including Swiss and national subsidiaries of international banks, as well as insurance companies on regulatory and transactional matters, but also represents them in enforcement and criminal procedures. The client roster includes Banque Cantonale de Genève, UBS and Credit Suisse. Cédric Chapuis heads the team, which also fields banking litigation expert and ‘brilliant strategist with good cross-border connections’ Saverio Lembo. Christophe Buchwalder joined Gantey Attorneys.

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Zurich
Banking and finance: Zurich - ranked: tier 1

Bär & Karrer Ltd.

Bär & Karrer Ltd. has ‘broad experience in a wide range of litigation cases and regulatory proceedings’ for the whole range of financial service providers; and creates ‘in-depth teams for various matters out of one hand’ additionally the team is adept at handling debt and acquisition financings as well as derivative transactions. Notable highlights included assisting EQT Infrastructure II with the acquisition financing of CHEP Aerospace Solutions. Goldman Sachs, UBS and Valora are also clients of the practice. ‘Concise and pragmatic’ litigation partner Andreas Länzlinger and ‘outstanding’ regulatory expert Rashid Bahar are recommended along Eric Stupp, who ‘brings long standing industry expertise’ and jointly leads the fintech practice with newly promoted partner Daniel Flühmann.

Leading individuals

Eric Stupp - Bär & Karrer Ltd.

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Switzerland: Dispute resolution

Arbitration
Dispute resolution: arbitration - ranked: tier 1

Bär & Karrer Ltd.

Considered by clients as ‘best in class’, Bär & Karrer Ltd. delivers ‘first-rate service’ in arbitration proceedings across four offices. Focus areas include post-M&A, sports and IT-related matters. Pierre-Yves Gunter is acting as chairman in a $700m construction dispute regarding the Panama Canal and the recommended Matthew Reiter successfully represented EnBW in a CHF1bn IP arbitration against Hans-Günter Kiss concerning the Thermoselect technology. Other names to note are Daniel Hochstrasser, ‘business-oriented proceedings rule expert’ Nadja Jaisli Kull as well as associates Cinzia Catelli and Alain Grieder.

Leading individuals

Daniel Hochstrasser - Bär & Karrer Ltd.

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Litigation
Dispute resolution: litigation - ranked: tier 1

Bär & Karrer Ltd.

Bär & Karrer Ltd. has ‘broad experience in a wide range of litigation cases and regulatory proceedings, especially in relation to white-collar crime’. Another focus is M&A and banking litigation, as well as private client disputes. In a recent highlight, the team defended EnBW in a dispute brought by H.G. Kiss regarding the valuation of the minority shareholding in Kiss’s Thermoselect which EnBW had acquired in the 1990s. Novartis and UBS are other active clients. Andreas Länzlinger is noted for his expertise concerning international matters, for which he ‘comes up with concise, pragmatic and specifically tailored advice’. Also recommended are ‘pragmatic litigatorDaniel Hochstrasser, head of litigation Matthew Reiter and associate Cinzia Catelli. Saverio Lembo is the main contact in Geneva.

Leading individuals

Andreas Länzlinger - Bär & Karrer Ltd.

Saverio Lembo - Bär & Karrer Ltd.

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Further information on Bär & Karrer Ltd.

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Legal Developments by:
Bär & Karrer Ltd.

  • SWITZERLAND - AN OVERVIEW OF GOVERNANCE REGIME

    The basic source of law for Swiss governance rules is the Company Law with its manifold revisions, in particular Articles 620 ss. Swiss Code of Obligations (‘the CO’). In the course of the rather fundamental reform of 1991, corporate governance rules, in particular those relating to the improvement of shareholders’ protection, became law. A new debate was triggered at the beginning of the last decade, in 2000/2001, inter alia as a consequence of the Swissair bankruptcy.
    - Bär & Karrer

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.