Bär & Karrer Ltd.

Bär & Karrer Ltd.

Lawyer & team qualitySector knowledge

Switzerland

Banking, Insurance & Finance: Zurich

Eric Stupp

Eric Stupp

Eric Stupp heads Bär & Karrer's financial services department and co-heads the internal investigation and cross-border proceedings team. His practice focuses on advising banks, insurance companies, asset managers and other financial intermediaries on regulatory matters, enforcement proceedings and on M&A transactions. In recent years, he has regularly advised financial institutions and regulatory bodies in connection with internal investigations on cross-border issues. In particular, he has assisted clients in numerous proceedings initiated by the US Department of Justice, the New York Department of Financial Services and other US or European authorities. Eric Stupp is a regular speaker at expert conferences addressing these matters. He was a member of Bär & Karrer's management committee for eight years. He is the vice-chairman of the board of directors of Goldman Sachs Bank AG, Zurich and a member of the boards of other financial and nonprofit institutions. IFLR 1000 2016 and Who's Who Legal 2015 list Eric Stupp as one of the leading banking lawyers in Switzerland. Eric Stupp is listed as a leading lawyer in The Legal 500 in the category Hall of Fame. In 2018, the Weizmann Institute of Science awarded Eric Stupp the Doctor of Philosophy honoris causa for his professional achievements and his support of scientific research carried out in the Institute.
Ralph Malacrida

Ralph Malacrida

Ralph Malacrida specializes in M&A and corporate finance transactions, including venture capital transactions, structured and acquisition finance as well as capital markets. He has extensive experience in complex corporate restructurings. Ralph Malacrida is co-head of the M&A practice and heads the Finance practice. He has a strong track record advising clients on domestic and international M&A and finance transactions, successfully executing deals for sellers, buyers, finance providers, borrowers and issuers. Ralph Malacrida is a member of the board of directors of several Swiss companies. He is ranked as a leading lawyer in IFLR 1000, Legal 500, Chambers Europe and Chambers Global.
Peter Hsu

Peter Hsu

Peter Hsu is Bär & Karrer's key contact for the practice area of banking and insurance. His practice focuses on banking, insurance, financing and capital markets. He regularly advises Swiss and foreign banks, securities dealers, insurers and other financial intermediaries as well as fintech businesses with regard to a wide range of regulatory, contract law and corporate law matters. Moreover, he often advises clients on M&A transactions. Peter Hsu has published several books and articles on topics in banking, insurance and capital markets and is regularly invited to speak on these topics. Peter Hsu is ranked as a leading individual in the practice areas of Banking & Finance as well as Insurance & Reinsurance and listed as "most highly regarded" practitioner in Insurance & Reinsurance (Who's Who Legal 2018). The Legal 500 2014 refers to him as a "key individual within the banking and insurance sector" and recommends him for insurance advice. In Who's Who Legal, he is quoted as "the 'go-to guy' for clients in need of insurance and reinsurance regulatory advice" (2013, 2018) and "key player in the Swiss insurance and reinsurance regulatory field" (2014) and wins praise for his "unparalleled abilities". In addition, he is described as "extremely knowledgeable" in insurance and regulatory matters, lauded for his "business oriented approach" (2016) and it is further noted that "he is not only an expert on regulatory topics, but also has a very profound understanding of other legal areas". Moreover, he is praised for "his pragmatic approach to resolve legal issues" (2018). In IFLR 1000, a client characterizes him as "very knowledgeable, detail-oriented and very open to novel solutions and approaches" (2016).
Daniel Flühmann

Daniel Flühmann

Daniel Flühmann's practice focuses on banking, insurance and financial market laws as well as on the area of collective investment schemes. He assists Swiss and foreign banks, investment managers, securities firms as well as insurance companies and other financial services providers in regulatory and contract law matters and in the context of licence application proceedings before the Swiss Financial Market Supervisory Authority FINMA. A special focus of Daniel Flühmann's work lies on fintech, advising both financial innovators and established market participants. Furthermore, he advises clients on general corporate and commercial matters as well as on M&A transactions. Daniel Flühmann has authored various publications in his areas of expertise and regularly speaks on topics in the area of financial services at expert conferences.
Faton Aliu

Faton Aliu

Faton Aliu's practice focuses on complex cross-border (bilateral and syndicated) financing transactions, including structured and acquisition finance, project and infrastructure finance as well as re-financings. He has also broad experience in domestic and cross-border private M&A and complex corporate reorganizations and restructuring transactions. In addition, he advises clients on capital market and other corporate and commercial law matters. As such Faton represents and acts for large international and domestic banks, private equity investors and other sponsors, as well as for borrowers and issuers across all industries.
Stephanie Walter

Stephanie Walter

Stephanie Walter's practice focuses on banking, insurance and financial market laws as well as on the area of collective investment schemes. She assists Swiss and foreign banks, asset managers, managers of collective investment schemes, insurance companies and other financial institutions in regulatory matters and proceedings (including before U.S. authorities) as well as in FinTech and contract matters. Furthermore, she advises clients on M&A transactions and large-scale internal investigations. Drawing from her secondments at Goldman Sachs and at FINMA's Fintech-Desk as well as her former professional activities for various companies, Stephanie has practical experience in the financial services and blockchain industry and understands the client's needs also from a market and customer-oriented perspective. As a former law clerk at the Swiss Federal Administrative Court she has expertise in proceedings before administrative authorities and in dealing with regulators.
Tiffany Ender

Tiffany Ender

Tiffany Ender’s practice focuses on banking, financial institutions, insurance, collective investment schemes, financial services and other financial market laws as well as on M&A, corporate and commercial matters and related areas. In particular, she assists Swiss and foreign banks, fintech companies (such as providers of e-money services and other payment services), financial institutions (such as managers of collective assets, fund management companies and portfolio managers), insurance companies, insurance intermediaries (brokers and agents) and other financial services providers in regulatory, contract and corporate law matters as well as in relation to M&A transactions. Tiffany Ender acted as legal advisor in various notable deals and cases, advising the clients on a wide range of legal topics. While Tiffany's practice has a strong focus on financial market regulatory topics, one of the key benefits she brings to her clients is her ability to think ahead and beyond the confines of financial regulation, and to provide an integrated work product. Clients particularly value Tiffany’s dedication to their projects, her approachable nature and availability, as well as her keen and accurate eye for legal and regulatory matters, while maintaining a practical, solution-oriented approach. They say about her that she is very responsive to their needs and helps making things efficient. In the Legal 500 (EMEA) 2023 and 2024 rankings, Tiffany Ender has been ranked as "Rising Star" for the area insurance. Further, the Legal 500 (EMEA 2024) describes her as "Rising Star" in the Fintech section Tiffany Ender holds a lic.iur. (2010) and a PHD (Dr.iur., 2016) from the University of Zurich. From 2010-2012, she was a research and teaching assistant to a renowned professor for private and commercial law at the University of Zurich. Tiffany publishes and speaks in her field of expertise. Recently, she contributed to the Basler Commentary (Basler Kommentar, BSK) on the partially revised Swiss Insurance Contract Act (commenting on three articles). The Basler Commentary is a Swiss leading commentary on several laws, including the ICA.

Team Services

Over the last decade, the regulatory framework for financial services and the players involved in the field have kept evolving. The same is true for financial and capital markets. We have the in-depth understanding of the legal landscape governing the financial industry to advise our clients on the whole range of regulatory and transactional matters.

Our team of experts supports our clients as they navigate the increasing complexity of the legal framework they operate in – from local players to multinational financial institutions, from start-up businesses to long-established companies.
A 360° view of the regulatory playing field
We advise our clients on all regulatory aspects of their business. Our expertise covers all financial institutions including banks, securities dealers, asset managers, investment funds, insurance companies and businesses active in the fintech sector. Our Banking & Finance team collaborates closely with experts from other teams such as M&A, Tax, Employment to provide our clients with comprehensive solutions.
Our areas of expertise include:

  • Advice in regulatory, commercial and transactional matters
  • Licensing of banks, securities dealers, insurance companies and other financial institutions
  • Setting up branches and representative offices
  • Fund structuring, issuance of documentation for investment schemes and products, registration of domestic and foreign investment schemes
  • Representation in enforcement proceedings by regulatory authorities (e.g. FINMA or SIX Exchange Regulation)
  • Acquisitions and disposals of divisions and client portfolios

Our team of Banking & Finance lawyers offers broad industry experience and a proven track record in assisting our clients in optimising their financing structures. We can individually tailor our clients’ financing transactions and negotiate and execute appropriate contracts in relation to the full spectrum of financial products.
Sound and efficient financing advice
Our Banking & Finance team works closely with our own regulatory, litigation, restructuring and other specialists, and also with finance experts in other jurisdictions and representatives of financial institutions in Switzerland and abroad. Our deep product expertise enables us to provide sound and innovative advice on complex issues in relation to the most challenging financing and restructuring transactions.
Our areas of expertise include:

  • Corporate and investment grade lending
  • Leveraged and acquisition finance
  • Syndications
  • Real estate and asset finance
  • Project and infrastructure finance
  • Trade, commodities and export finance
  • Convertible and high-yield bonds
  • Margin loans
  • Securitisation and risk transfers
  • Insolvency and restructuring