CMS von Erlach Partners Ltd. > Geneva, Switzerland > Firm Profile

CMS von Erlach Partners Ltd.
CMS von Erlach Partners Ltd
Rue Bovy-Lysberg 2, PO Box 5067
1211 Geneva 3
Switzerland

Switzerland > Real estate and construction Tier 1

CMS von Erlach Partners Ltd. is particularly active advising domestic and international institutional investors, and handle a range of matters, including acquisitions and divestments of property, development projects, and sale-and-leaseback transactions. Stefan Gerster, who has worked in the practice area for more than 30 years, leads in Zurich, while Olivier Carrard, whose practice covers commercial real estate and project development, heads the Geneva office. Also key are Sibylle Schnyder, who brings additional expertise in real-estate litigation, and Sidonie Morvan.

Practice head(s):

Testimonials

‘Very innovative, business oriented real estate team. Always well connected and up to date regarding new legal developments in Swiss regulations.’

‘Dr.Stefan Gerster: Exceptional track record in real estate institutional transactions Dr. Sybille Schnyder: Exceptional track record in real estate institutional transactions.’

‘People, collaboration, diversity, complementary skills.’

‘They get things done, goal orientation, thinking along.’

‘Individuals to be mentioned: Stefan Gerster, Sibylle Schnyder, Thomas Zweifel.’

Key clients

Credit Suisse Asset Management

Nova Property Funds Management

Swiss Prime Site Immobilien

Swiss Prime Solutions

Generali Investments

Vinci Promotion

Work highlights

  • Advised Credit Suisse Asset Management, acting for Credit Suisse Real Estate Fund Hospitality, regarding the sale of a hotel property in Basel
  • Advised Nova Property Fund Management, acting on behalf of a Switzerland-based investment foundation, regarding the acquisition of a real estate portfolio consisting of seven commercial properties in three different Cantons.
  • Advised SPA and ASGA regarding the acquisition of a residential and commercial building in Geneva.

Switzerland > Competition Tier 2

CMS von Erlach Partners Ltd. is active in all areas of competition law, both locally and internationally. The team has vast experience in unfair competition matters, implementing compliance programs, and conducting internal audits. It is noted for its expertise in representing clients in Swiss antitrust administrative proceedings at all levels. Team head Marquard Christen stands out for his expertise in public procurement law, while co-head Patrick Sommer is particularly experienced in international and national merger control proceedings. Clients benefit from real time dawn raid assistance through the firm's Dawn Raid Assistant App.

Practice head(s):

Marquard Christen; Patrick Sommer

Other key lawyers:

Alain Raemy

Testimonials

‘Good collaboration between senior and junior team members. Very detail and customer oriented.’

‘Very good knowledge of competition law in Switzerland due to experience and relationship to the authorities.’

‘Marquard Christen in the area of anti-trust. Very well versed, quick to distil the primary issues in a given fact pattern, and excellent ability to provide and discuss possible risks and how best to mediate them.’

‘The competition team of CMS Switzerland is unique for its expert knowledge and high degree of specialization in competition law (in particular antitrust and unfair competition law), responsiveness, experience in handling competition law investigations and appeal proceedings (knowing all the little dos and don’ts).

‘My key contact with CMS is Marquard Christen who has been specializing in competition law for now more than 20 years, I believe. He “lives and breathes” competition law. Marquard is not only one of the most knowledgeable competition lawyers I have worked with, but also a very down to earth person.’

‘The CMS team convinces with a well-balanced and knowledgeable team with excellent availability.’

‘Alain Raemy knows our industry extremely well. He quickly grasps the legal and commercial aspects of the assignment. He is a brilliant analyst, has an excellent business acumen and a solution-oriented approach, always provides appropriate suggestions and presents them in a comprehensible way.’

Key clients

Bayer (Switzerland)

Rieter Holding

GT Thommen Watch

The leading Germany-based distributor dealing in pharmaceutical components

Barilla Deutschland

Swisscard (joint venture of Credit Suisse and Amex)

Hachette Group

Tognetti Auto

Cruspi (subsidiary of the Oettinger Davidoff Group)

Koch Group

Work highlights

  • Advised the leading Germany-based distributor dealing in pharmaceutical components in an investigation by the Swiss Competition Commission (ComCo).
  • Advised Bayer in the highly contested Swiss administrative proceedings regarding price recommendations for medication against erectile dysfunction (ED) medication traded over the counter.
  • Advised Swisscard on the investigation by ComCo of several of Switzerland’s largest financial services providers (including UBS and Credit Suisse) regarding an alleged boycott of Apple Pay and other international mobile payment solutions.

Switzerland > Dispute resolution: litigation Tier 2

The ‘highly efficient and business-oriented’ group at CMS von Erlach Partners Ltd. acts for domestic and international clients in a broad range of disputes. The department has an aptitude for complex contractual disputes, corporate responsibility matters, and trust and estate mandates, with particular strength in the construction, banking and insurance sectors. Philipp Dickenmann, who has experience in both commercial litigation and arbitration proceedings, co-leads the group with Christian Lüscher, who covers white-collar crime and international judicial mandates. Civil and commercial litigation expert Pierre Ducret and enforcement specialist Reto Hunsperger are also key names, as are Daniel Kinzer and Bernhard Lötscher.

Testimonials

‘Highly efficient and business oriented firm.’

‘Daniel Kinzer: Very competent and highly dedicated, very responsive, able to deliver excellent results under pressure.’

‘Pierre Ducret is extremely reactive and efficient.’

‘Well balanced co-operation and mix between partners and associates. The team has the ambition to dig deep into the business-specific material and implements it with great effort.’

‘With Reto Hunsperger, you can sense the inner drive to get the best out of a situation. He is dedicated, persistent and gets to the point.’

‘CMS has a well-balanced litigation team with a good mix of knowledgeable associates, trainees and very skilled partners. Availability is always excellent.’

‘Jodok Wicki is an extremely knowledgeable and experienced litigator with a profound knowledge of our industry. He analyses matters quickly and thoroughly and always provides valuable advice as well as food for thought.’

Key clients

AIG Europe

Banque Cantonale de Genève

Bitcoin Association for BSV

CBH Compagnie Bancaire Helvétique

China Development Bank

Credit Suisse/Credit Suisse (Schweiz)

Luxury-Trade

Swiss ancillary insolvency estate of Manfred Schmider

GT Thommen Watch

Weng Fine Art

Work highlights

  • Representing the Swiss ancillary insolvency estate of Manfred Schmider in enforcement proceedings against the third party.
  • Represented Weng Fine Art AG before the Supreme Court of the Canton of Zurich and the Swiss Federal Supreme Court.
  • Represented an individual in a state liability claim against the Canton of Graubünden.

Switzerland > Employment Tier 2

The ‘pragmatic’ and ‘hard-working’ employment team at CMS von Erlach Partners Ltd. is led by Christian Gersbach, who specialises in cross-border and international employment matters; he is complimented by clients for his ‘profound knowledge’. The department provides advice and support on matters including post-merger integration of employees, employment contracts, workforce transfers, data protection for employees and terminations, and has also handled employment issues relating to the pandemic.

Practice head(s):

Christian Gersbach

Testimonials

Team with a good mix of very knowledgeable partners and hard-working associates. Very fast response time.

Christian Gersbach has a profound knowledge in Swiss employment practice and a very coherent and pleasant way to explain it to me as a client.

CMS von Erlach Partners Ltd represents an excellent partner for us, which is characterized by pragmatic, goal-oriented and professional work with a hands-on mentality.

Our direct contacts stand out because they are available and willing to go the extra mile for us. They work as hard as we do and give us the feeling that we are not alone even in challenging situations.

Business perspective and comprehensive advice on specific queries.

Work with Christian Gersbach can be described as business oriented advice and partnership.

Key clients

Nike, Inc.

Accenture

Denner

Diageo

Corning, Inc.

Burson Cohn & Wolfe

ARM Swiss Representatives

Cidan Machinery Group

Shareholders of SwissQ Consulting

Novelis

Trilux

Infopro Digital

Work highlights

  • Assisted Nike with regard to a wide range of Swiss employment matters, particularly in connection with a number of specific employment relationships.
  • Advised Accenture with regard to a range of specific and frequently complex employment matters, including advice on the employment aspects of M&A transactions (including post-merger integration aspects), and post-contractual non-compete clauses.
  • Advising leading Swiss retailer Denner on all areas of employment law, including dismissals, termination agreements, the implementation of new regulations, employee representation matters and data protection issues, among other matters.

Switzerland > Healthcare and life sciences Tier 2

CMS von Erlach Partners Ltd. has a range of expertise, including research and development (particularly in clinical trials), patent enforcement, advertising and distribution issues and data protection, cooperating with over 480 healthcare lawyers across the globe. The firm has played an advisory role in the Swiss administrative proceedings regarding price recommendations for over-the-counter medication against erectile dysfunction, and provides pro bono support and legal education to charities such as Habitat for Humanity. Key lawyers include practice head Christoph Willi and Alain Raemy, who specialises in international and domestic M&A transactions, corporate restructurings, and relocations.

Practice head(s):

Christoph Willi

Key clients

Bayer (Switzerland) AG

synlab Suisse SA (and its subsidiaries)

Kieser Training AG

Mobile Health AG

Vista Klinik AG

Work highlights

  • Representing Bayer (Switzerland), the Swiss branch of the leading Germany-based global pharmaceuticals manufacturer, in the highly-contested Swiss administrative proceedings regarding price recommendations for medication against erectile dysfunction traded over-the-counter.
  • Advising synlab, one of the leading medical analytical laboratory groups in Europe, over the last couple of years on numerous matters in the sector of life sciences and healthcare.
  • Advises mobile Health AG in connection with Consilium Care™, an electronic Patient Reported Outcomes (ePRO) SaaS system which includes the CE-marked MDD Class I medical device, Pro Care.

Switzerland > Insurance Tier 2

CMS von Erlach Partners Ltd. conducts proceedings before state courts and arbitration tribunals, as well as representing insurance/reinsurance companies when dealing with authorities in all matters relating to supervisory law. The team has experience of legal, regulatory and tax advice concerning the structuring, issuance, marketing and distribution of insurance products, as well as drafting and reviewing insurance and reinsurance policies and broker agreements. Jodok Wicki is the key name.

Practice head(s):

Jodok Wicki

Other key lawyers:

Kaspar Landolt; Sébastien Moret

Testimonials

‘Often representing Insurers in coverage disputes. Very experienced in the area of claims handling and liability assessments for Insurers. Strong focus on Cyber Insurance, maintains a Cyber Insurance – Emergency – Hotline on behalf of various Insurers.’

‘Dr.Jodok Wicki is an excellent lawyer with very much expertise in the Insurance industry. He is quick-witted and very strong in the strategical analysis of cases. He is great for complex, difficult Insurance or Re-Insurance claims.’

‘I have only worked with Dr. Kaspar Landolt, and in a fairly limited capacity. On behalf of my employer, an American insurance company, I have sought Dr. Landolt’s counsel on Swiss law as it applies to foreign insurers. I have found Dr. Landolt both knowledgeable and pragmatic in his approach. I trust his judgement and his counsel which I find invaluable.’

‘Responsive and pragmatic.’

‘Kaspar Landolt has been very easy to work with: knowledgeable and user friendly.’

Key clients

AIG

AXA XL

Work highlights

  • Coverage advice regarding a claim under PI policies for a financial services company. The matter raised interesting questions regarding non-disclosure and extent of coverage.
  • Coverage advice regarding Lloyds BBB policy relating to undue actions of an employee in connection with structured financial products and handling of client accounts.

Switzerland > Leading firms: French-speaking Switzerland Tier 2

CMS von Erlach Partners Ltd.‘ office in Geneva is headed by managing partner and corporate M&A and competition practice head Pascal Favre.. The team’s client list includes both Swiss and international companies, which range from multinationals to startups, financial institutions, government agencies, public utilities, entrepreneurs and individuals. The group also handles dispute resolution, tax, and sports law.

Practice head(s):

Pascal Favre

Other key lawyers:

Vaïk Müller; Andrio Orler; Pierre Ducret; Olivier Carrard; Sidonie Morvan; Jérôme Levra; Audrey Durand

Testimonials

‘Pierre Ducret is a great lawyer who fights very well for his clients and was able to really help me in my case.’

‘Pierre Ducret was my lawyer and he did exceptional work.’

‘We deal essentially with the expert in the financial industry (Banking and financial law). The partners of the law firm benefit from an exceptional expertise. We always had rapid answers and  built with them true partnership.’

‘The partners are personally involved and from the best in the market. In particular Vaïk Müller, partner in Banking services was outstanding. Close to the market, pragmatic and result oriented.’

‘The M&A team adjust very easily to the size of merger deal you bring and produce adequate size of merger documents. Audrey and Pascal are very flexible and bring solutions 24/7 which makes look any responsible great to have overcome closing obstacles.’

‘Competent, well connected, efficient.’

‘Andrio Orler’s advice is characterized by a true knowledge of the client’s overall situation; he anticipates projects and gives strategic advice, he will answer the questions you have not thought of asking. The tax planning is efficient and competent without being overly aggressive; he is able to understand the client’s mindset.’

Key clients

Vivalto Santé Group

SPA

ASGA

FundRock Switzerland

Guess?

SERCAB GROUP

INAIT

The CAS (Court of Arbitration for Sport)

Work highlights

  • Advised Vivalto Santé Investissement on the Swiss law aspects of its cross-border acquisition of a majority interest in two Swiss groups active in life sciences and healthcare services – Groupe CIC Santé RXPM.
  • Provided FINMA regulatory advice to FundRock Switzerland (formerly ARM Swiss Representatives) (ASR) and assisted its shareholders with obtaining the necessary change-of-control approval by the Swiss Financial Market Supervisory Authority in the context of the cross-border sale of a 100 per cent interest in ASR to the APEX Group.
  • Represented Guess? in connection with a complex cross-border realignment of the operating model of the Guess? Group, implying in particular the transfer to Switzerland of certain group intellectual property rights for $100 million.

Switzerland > Leading firms: German-speaking Switzerland Tier 2

CMS von Erlach Partners Ltd.‘ Zurich office, headed by Stefan Brunnschweiler, David Hurlimann and Marquard Christen, is lauded by clients as having ‘remarkable knowledge‘ and the ability to conceptualise ‘innovative solutions with a holistic approach‘. The team offer full services from Zurich, assisting clients such as national and international companies, financial institutions, startups, government agencies, entrepreneurs, and public utilities. Other names to note include Tina Balzli, a specialist in capital and financial markets law, Philipp J Dickenmann, who is a key name for global dispute resolution, and Dirk Spacek, who handles intellectual property matters.

Practice head(s):

Stefan Brunnschweiler; David Hürlimann; Marquard Christen

Other key lawyers:

Mark Cagienard; Stefan Gerster; Fabian Martens; Kaspar Landolt; Niklaus Zaugg; Tina Balzli; Philipp J Dickenmann; Dirk Spacek

Testimonials

‘Stefan Gerster: Very competent and highly dedicated, very responsive and deal-oriented, able to deliver excellent results under pressure. Deep knowledge of the real estate industry.’

‘CMS covers the whole spectrum of corporate and tax law. They know the Swiss market and market participants extremely well and are exceptionally well networked on the legal market. Every lawyer from CMS has a remarkable knowledge of complex tax matters. The team have a lot of experience and bring innovative solutions with a holistic approach. In addition to its comprehensive legal capability, the firm has an incredibly modern set-up. This meant that there were no delays in the course of our cooperation during the pandemic-related restrictions. Video conferencing and truly state of the art IT and communication channels made it possible. Not surprisingly, the firm’s cost rates are always fair and comprehensible in every respect.’

‘Mark Cagienard is my first person of contact and a very much appreciated legal colleague. With many years of experience in the practice of tax law, he is truly a luminary in the field of tax law with a strong technical knowledge. He has a great transactional experience advising on cross-border matters. It is amazing how smoothly the cooperation with Mark Cagienard always runs and it is a real pleasure to work with him. It is a delight for me to recommend him to LEGAL 500 with the utmost conviction.’

‘The CMS team is unique in its in depth knowledge about blockchain, crypto and Defi which helped us as greatly over the past years. Not only did they help us manoeuvre a public token sale but also they helped us formulate how we have to deal with regulatory uncertainty in this cutting edge industry that lacks clear governmental guidelines and case studies. Especially in areas such as tax implications of token sales and the classifications of tokens did the CMS team help us greatly.’

‘The Team of CMS von Erlach Partners Ltd – Zurich – Switzerland advised and supported us in antitrust proceedings extremely competently and effective. We were indicted in complex proceedings under antitrust law. CMS von Erlach Partners Ltd has exceeded our expectations with its extensive experience in antitrust law.’

‘Marquard Christen: dynamic, very competent, determined, goal-oriented, empathetic, very pleasant conversation partner. Fabian Martens: dynamic, quick comprehension, competent. The two are extremely strong.’

‘Kaspar Landolt is an exceptional lawyer with an extremely high legal expertise and always very pleasant to work with.’

‘Niklaus Zaugg is a very bright, yet down to earth practitioner who always understands the client’s needs. He is very good at coming up with viable, well-founded and at the same time pragmatic solutions for complex problems. Niklaus has always provided services of very high quality within short time limits.’

Key clients

Agta Record

AIG Europe

Barilla Deutschland

Bayer (Switzerland)

Bitcoin Association for BSV

CBH Compagnie Bancaire Helvétique

CCC Group

CIC Capital

CINVEN

Credit Suisse Asset Management

eModrom

FRVR

Generali Investments

GT Thommen Watch

Halder

HEB Swiss Investment

ISS

Koch Group

LafargeHolcim

Lifestage Solutions

Luxury-Trade

Nano Dimension

nChain Group

Nova Property Funds Management

Oettinger Davidoff Group

PharmaEssentia

Renaissance (bb trading)

Renaissance KMU Schweizerische Anlagestiftung

Rieter Holding

Shareholders of Alpora

Swiss ancillary insolvency estate of Manfred Schmider

Swiss Prime Site Immobilien

Swiss Prime Solutions

Swiss Q Consulting

Swisscard (joint venture of Credit Suisse and Amex)

Thyssenkrupp Presta

United Medical Supply

Vinci Promotion

Vista Klinik

Weng Fine Art

Work highlights

  • Advised GENUI on the acquisition of a majority stake in Magnolia.
  • Representing PharmaEssentia in issues arising out of the attempts by AOP Orphan Pharmaceuticals (AOP) to enforce an ICC award rendered in Germany in which it was awarded €142 million.
  • Representing the Swiss ancillary insolvency estate of Manfred Schmider.

Switzerland > Private client Tier 2

Led by Tobias Somary and Pierre Ducret, the private client team at CMS von Erlach Partners Ltd. has a specific focus on domestic and international estate planning work and the related litigation. Services available to ultra-high-net-worth individuals, high-net-worth individuals and their families also include advice on succession planning issues, matrimonial property advice, philanthropy mandates, family business succession matters, and issues of legal incapacity. Other notable names in the ‘outstanding’ and ‘extremely knowledgeable’ team are David Hürlimann, Tanja Schaub, Louise Lutz Sciamanna and Sarah Busca Bonvin.

Practice head(s):

Tobias Somary; Pierre Ducret

Testimonials

‘David Hürlimann/ Tanja Schaub are a great tax think tank. Tobias Somary outstanding in looking at and dealing with the overall picture of the cases.’

‘I found Tobias Somary and Louise Lutz Sciamanna extremely knowledgeable, intelligent and professional. They combined this with a genuinely collaborative approach that was very helpful. I worked with them on a cross border matter in which we had to deal with the requirements of competing jurisdictions, and their professionalism made what could have been a really difficult and fraught process remarkably smooth.’

‘Pierre Ducret is an outstanding lawyer.’

‘Tobias Somary is an excellent inheritance lawyer with a capacity to make a deal happen even in difficult situations. Sarah Busca Bonvin is a tax specialist with in-depth knowledge. Her experience at the Geneva tax administration is an asset.’

‘The team has outstanding personal and professional skills and knows how to apply them in a client-oriented manner. In addition, the international network of CMS works excellently.’

‘The excellent combination of personal and professional skills is exceptional. In this context, I would like to particularly highlight Tobias Somary and Louise Lutz Sciamanna.’

‘Outstanding breadth of work and response on tax and corporate matters relating to personal taxation, family businesses, asset protection and investment taxation.’

‘Tobias Somary is first class and clients like his style and the way that he explains complicated tax issues in a straightforward way. I have had positive feedback from clients whom I have introduced. He co-ordinates advice across disciplines in a very coherent and understandable way.’

Switzerland > Public law Tier 2

CMS von Erlach Partners Ltd.‘s main area of expertise in public law is handling public procurement processes; the team is also experienced in dealing with white-collar crime matters, administrative penal law, and economic sanctions. The department is led by Marquard Christen, who is particularly experienced in matters involving both competition and public procurement law. Clients include corporates from the energy, transportation, beverage, IT, consumer goods and hospitality sectors. The team has been lauded as ‘friendly‘, with ‘exceptional knowledge‘ and ‘excellent qualifications‘.

Practice head(s):

Marquard Christen

Other key lawyers:

Fabian Martens

Testimonials

‘Deep devotion to good service and exceptional knowledge.’

‘The group was extremely responsive, and the project led by Marquard Christen was handled in a very professional manner with a key focus on ensuring that we as plaintiffs in the proceedings had a clear sense of the applicable law, the related process and the arguments that presented the best options for success.’

‘The people I met were very competent and honest; telling me exactly what they could and also what they could not deliver. They gave me a lot of information that was very useful for me.’

‘Excellent qualifications combined with lots of personality.’

‘Marquard Christen always responded very quickly and with insight to my inquiries. As a lawyer with a lot of experience in human rights issues, I am sure that he brings legal knowledge and entrepreneurial know-how to the table. I felt he understood the issues of an SME company in Switzerland.’

‘Personal, customer-oriented approach, large network, cost-efficient.’

‘The team is very competent and friendly. The cooperation was extremely pleasant and was influenced by both sides. The great strength for us lay in the large internal CMS network, distributed all over Europe. In this way, the necessary specialist knowledge could easily be consulted within the law firm.’

‘We worked directly with Marquard Christen and Fabian Martens. Our two partners didn’t just work on the project, but expanded the project’s goals with their valuable input and delivered a result that we found very satisfactory. Through their expertise in the field of competition law, we were able to gain valuable insights. The work of CMS helped us to set up comprehensive compliance management.’

Key clients

Bayer (Schweiz) AG

Burger King Europe GmbH

Lilly Deutschland GmbH

Synlab International GmbH

LivaNova Switzerland SA

IT District GmbH

Swisscard

TeamWork Schweiz AG

Moderna

Koch Group AG

Kieser Training AG

AEW Energie AG

Work highlights

  • Advised AEW Energie AG on various public procurement proceedings in the energy and IT sector.
  • Conducted a comprehensive internal audit and gap analysis in the area of sustainability/ESG regulation.
  • Advised a leading Swiss chocolate manufacturer on the implementation of newly introduced due diligence and transparency obligations in the area of child labour.

Switzerland > TMT Tier 2

CMS von Erlach Partners Ltd. advises clients on a wide range of TMT matters that include procurement and outsourcing, cross-border electronic contracting, as well as sector-related M&A transactions. The practice is led by Dirk Spacek, who assists TMT companies in transactional, advisory and contentious matters in the context of IT and IP law. Counsel Simone Brauchbar Birkhäuser advises clients from a range of sectors, including IT, pharmaceuticals, mechanical engineering and fashion, in issues relating to intellectual property.

Practice head(s):

Dirk Spacek

Other key lawyers:

Key clients

Aon Schweiz AG

Commerzbank AG

Aequitec AG

All4Education GmbH

mobile Health AG

nChain Group

Infopro Digital

FRVR

Hochalpines Institut Ftan AG

Wintrado International GmbH

Work highlights

  • Representing Aon Schweiz AG in a software-licensing & copyright dispute and the contractual negotiation of a long-term settlement/licensing agreement with a software provider.
  • Advising Commerzbank AG on numerous data privacy and general data-related legal matters, in particular relating to the procurement and deployment of new technologies, outsourcing transactions and regulatory implications before the Swiss Financial Market Supervisory Authority FINMA.

Switzerland > Banking and finance: Zurich Tier 3

CMS von Erlach Partners Ltd.‘s Zurich office advises financial institutions, funds, industrial enterprises and other companies on the full range of banking and finance matters. The team has particular strength in cross-border matters, and benefits from the firm’s international network of offices. Kaspar Landolt leads the team, and has more than 20 years experience in acquisition finance, corporate lending, and asset finance work. Key contacts within the team include André E Lebrecht and Tina Balzli, as well as counsel Dominique Gemperli.

Practice head(s):

Testimonials

‘We were extremely impressed by the reactivity, the ability to understand commercial and strategic stakes, and to advise on innovative solutions in a timely manner.’

‘On top of first-class legal expertise, a strong business acumen and the ability to formulate out-of-the-box and tailor-made solutions for clients. Very reactive and efficient. Very personable team.’

‘The law firm goes an extra mile for the satisfaction of its clients. An “all-around carefree package”.’

‘Kaspar Landolt is an exceptional lawyer with an extremely high legal expertise and very pleasant to work with.’

Switzerland > Capital markets Tier 3

CMS von Erlach Partners Ltd. assists clients with equity and debt capital markets transactions, including IPOs, rights offerings, and bond issuances, and all regulatory and compliance matters. The department benefits from the firm’s international network of offices, which adds key strength in handling cross-border mandates. Stephan Werlen leads the team, which includes Tina Balzli and Matthias Kuert, who is praised for his ‘depth of detail and expertise’.

Practice head(s):

Other key lawyers:

Testimonials

‘The capital markets practice at CMS is very well-connected with the respective ecosystem partners. As a client, we benefit from a greatly accelerated handling of the overall process.’

‘We mainly work together with Matthias Kuert. We appreciate his depth of detail and expertise. He has the unique ability to navigate complex challenges and prioritise appropriate solution proposals based on legal, regulatory, commercial and technical aspects.’

‘Team is highly skilled, far above market standard.’

‘Matthias Kuert is a real “marathon-man”, never giving up and 100% committed to client and case.’

Key clients

HEB Swiss Investment AG

Major shareholder and chairman of SIX listed Talenthouse AG

Aequitec AG

Work highlights

  • Advised HEB Swiss Investment in relation to the sale of its major stake (29.3%) in SIX listed Cicor Technologies to One Equity Partners.
  • Advising a major shareholder and chairman of SIX listed Talenthouse AG on the legal aspects of his involvement with the company, including in relation to the listing of Talenthouse AG on the main segment of the SIX.
  • Advising Aequitec on its innovative share registry services offering, which Aequitec also provides to public companies.

Switzerland > Commercial, corporate and M&A Tier 3

CMS von Erlach Partners Ltd. offers both domestic and global advice, thanks to its strong international network. The department covers a broad range of areas, including energy, financial services, life sciences and healthcare, and real estate. Co-leading the team are Stefan Brunnschweiler and Daniel Jenny, who are based in Zurich, and Pascal Favre and Jérôme Levrat, who work from Geneva. Alain Raemy, who focuses on private M&A and private equity transactions, is also key.

Other key lawyers:

Testimonials

‘The knowledge of the team, their availability and reactivity.’

‘Great corporate culture with very humble team members. Experts in every field/area.’

‘Alain Raemy (together with his team) has a very entrepreneurial mindset, looking for unconventional solutions, something we rarely see with lawyers.’

‘Very committed team and very complementary, even during holiday periods. High quality level.’

‘Alain Raemy and his team were able to find very good solutions to our transactions. They have been part of our success in gaining deals.’

Key clients

ISS

HEB Swiss Investment

Vivalto Santé Group

INAIT SA

FundRock Switzerland SA (formerly ARM Swiss Representatives)

Swiss Q Consulting

Nano Dimension

eModrom

Guess?

Vista Klinik

CINVEN

Lifestage Solutions

Shareholders of Alpora

Renaissance (bb trading)

CIC Capital

Renaissance KMU Schweizerische Anlagestiftung

Halder

Entreprises Chirurgicales Holding (formerly, MV SANTE)

FRVR

SERCAB GROUP

Work highlights

  • Advised GENUI on the acquisition of a majority stake in Magnolia.
  • Advised Vivalto Santé Investissement on the Swiss law aspects of its cross-border acquisition of a majority interest in two Swiss groups active in life sciences and healthcare services.
  • Advised Nano Dimension as Swiss legal counsel on all legal aspects regarding the acquisition of all shares in ESSEMTEC, the leading Switzerland-based stock corporation.

Switzerland > Data privacy and data protection Tier 3

CMS von Erlach Partners Ltd.‘ Swiss data protection team advises domestic and international clients in regulated industries on global data privacy, protection, and information security projects, often multijurisdictional and with a focus on developing technologies. The practice is headed by Dirk Spacek, who handles outsourcing, data protection, cloud computing, and cybersecurity matters. Counsel Simone Brauchbar Birkhäuser and associate Aline Steffen are other names of note.

Practice head(s):

Key clients

Web 3.0 Foundation

Commerzbank AG

Mobile Health AG

Bruker

Avectris AG

Better Cotton Initiative

Sunrise

Work highlights

  • Advising mobile Health AG in connection with Consilium Care™, an electronic Patient Reported Outcomes (ePRO) SaaS system which includes the CE-marked MDD Class I medical device, Pro Care.
  • Advising Better Cotton Initiative on terms and conditions and data protection compliance in connection with an online trading platform for sustainable cotton for international use.
  • Advising Web 3.0 Foundation on data privacy and contractual matters regarding the establishment of (meta-) Blockchain-offerings and establishing contractual data sharing models among different blockchain-offerors.

Switzerland > Fintech Tier 3

CMS von Erlach Partners Ltd. assists clients with a range of matters, including initial coin offerings, cryptocurrency exchanges, and submitting licensing applications to FINMA. The team, which is described as ‘always responsive, creative in their solutions’, is led by Tina Balzli, who is noted for her ‘outstanding reputation’. Matthias Kuert, who advises on general contract and corporate law matters, is another name to note.

Practice head(s):

Other key lawyers:

Testimonials

‘The depth of the team’s knowledge is unrivalled. They quickly ensure that specific people with subject matter expertise are engaged on your file so that you have immediate access to the lawyers who can best advise you.’

‘Matthias Kuert is a standout performer. His response time is immediate and he is commercially saavy. His advice is always given from the perspective of the business he is advising so that it is not just “legal” advice but “Commercially sensible legal advice”’

‘Always responsive, creative in their solutions. Great knowledge of the overall market trends.’

‘Tina is an amazing partner both professionally and personally.’

‘Tina is creative, understands issues quickly and provides practical advice in a short time. She is easy to work with and has an outstanding reputation.’

‘The CMS team is unique in its depth of knowledge about blockchain, crypto and DeFi.’

‘Mark Cagienard: In depth understanding of the technical implications of various digital assets. In depth understanding of how to structure token sales to make them tax optimized. In depth understanding of general startup revenue tax implications.’

‘Tina Balzli is one of the leading partners in Switzerland for the regulated crypto financial industry.’

Key clients

Aequitec AG

Bitcoin Association for BSV

TAAL Distributed Information Technologies Inc.

Work highlights

  • Advising TAAL on the incorporation of a Swiss subsidiary and on other Swiss law aspects concerning, inter alia, tax and employment law.
  • Advising Aequitec on the legal aspects of its  app-based platform for keeping the share registry of Swiss stock corporations.
  • Advising the Bitcoin Association for BSV, Zug, on various topics.

Switzerland > Intellectual property Tier 3

The intellectual property practice at CMS von Erlach Partners Ltd. is co-led by Simone Brauchbar Birkhäuser, who has significant experience in trade mark matters, and Dirk Spacek, who has a notable focus on copyright and patent law issues. The team has partiular strength in the software industry, advising on advertising matters, and patent litigation in relation to the pharmaceutical sector.

Practice head(s):

Simone Brauchbar Birkhäuser; Dirk Spacek

Key clients

Aon Schweiz

Infopro Digital

mobile Health

GT Thommen Watch

Talenthouse

Barilla Deutschland

Wintrado International

Better Cotton Initiative

Designwerk Technologies

Global Legal Entity Identifier Foundation (GLEIF)

Work highlights

  • Advised Aon Schweiz on a major software-licensing & copyright dispute and the contractual negotiation of a long-term settlement/licensing agreement with a major software provider.
  • Advised Infopro Digital on the IP aspects of the acquisition of Bindexis’ online-technology business.
  • Advised mobile Health in connection with Consilium Care™, an electronic Patient Reported Outcomes (ePRO) SaaS system that includes the CE-marked MDD Class I medical device, Pro Care; primarily in relation to IP protection (including trade mark protection and a related trade mark conflict) and data protection matters.

Switzerland > Sports law Tier 3

The ‘solid’ CMS von Erlach Partners Ltd. sports practice is regularly instructed on sports-related litigation matters, with particular experience in the football and ice hockey sectors. Its work includes anti-doping, negligence and employment matters with Philipp J Dickenmann  and Pierre Ducret leveraging extensive experience in both litigation and arbitration matters.

Practice head(s):

Pierre Ducret; Philipp J. Dickenmann

Other key lawyers:

Olivier Carrard; Reto Hunsperger

Testimonials

‘The sports law team is very solid and enjoys a deserved strong reputation.’

‘We work on a regular basis with Mr Olivier Carrard and Mr Pierre Ducret. They all have a extended practice in the advising and dispute resolution in the sports industry. Moreover, in addition to their undisputed legal knowledge and long experience in the field, they all have excellent listening skills and above-average practicality.’

‘Olivier Carrard is an outstanding professional and understands the main issues in sports disputes to be able to deliver quality awards.’

‘Pierre Ducret is an outstanding professional with great knowledge and has the ability to translate in simple words complex matters.’

Key clients

Professional horse rider

Professional football club

Ville PELTONEN

Hungarian National Federation

Work highlights

  • Successfully represented the Egyptian world-class horse rider Mohamed Talaat in an anti-doping appeal procedure before the Court of Arbitration for Sports (“CAS”). This case relates to the controversial issues of Cannabis and Sport.
  • Representation of a Hungarian National Federation in a CAS procedure against the International Federation. The dispute relates to the Programme of the 2024 Olympic Games in Paris.
  • Advising the former head coach of Lausanne Hockey Club (“LHC”). His employment contract was unilaterally terminated by LHC and a dispute has arisen between the parties. The matter is now pending before the Lausanne Patrimonial Court.

Switzerland > Tax Tier 3

CMS von Erlach Partners Ltd. provides tax advice to private, public, institutional and non-profit clients, with expertise at both the national and international level. Group co-head Andrio Orler, based in Geneva, advises both corporate clients and high-net-worth individuals and families on a range of tax matters, while Mark Cagienard, who leads in Zurich, focuses on corporate finance, M&A and VAT work. David Hurlimann and Sarah Busca Bonvin are also key practitioners.

Practice head(s):

Other key lawyers:

Testimonials

‘Top level in terms of know-how and experience in the field of taxation.’

‘You feel that in addition to technical skills they have experience and this allows them to be creative and proactive.’

‘Every lawyer from CMS has a remarkable knowledge of complex tax matters. The team have a lot of experience and bring innovative solutions with a holistic approach. In addition to its comprehensive legal capability, the firm has an incredibly modern set-up.’

‘Mark Cagienard is my first person of contact and a very much appreciated legal colleague. With many years of experience in the practice of tax law, he is truly a luminary in the field of tax law with a strong technical knowledge. Mark Cagienard has a great transactional experience advising on cross-border matters.’

‘The CMS team is unique in its in-depth knowledge about blockchain, crypto and Defi.’

‘Interdisciplinary team providing a full service range.’

‘The teams are well managed by the leading partner and not overly involved, only when necessary. Generally a strong point of contact with lead partner means that client avoids excessive work with supporting team members.’

‘Mark Cagienard is outstanding. Intelligent, Knowledgeable, Creative, Efficient. Never worked with a better tax lawyer.’

Key clients

nChain Group

Agta Record

LafargeHolcim

Renaissance Anlagestiftung

CCC Group

Work highlights

  • Advising a publicly-listed Switzerland-based industrial group on the establishment of a tax risk-monitoring programme relating to the US as well as jurisdictions in Europe and the Far East.
  • Advising a leading Germany-based pharmaceuticals and life sciences group in respect of a project of tax exemption for one of its companies.
  • Advising a global-leading car manufacturer on the reorganisation of its Swiss subsidiary.

Switzerland > Dispute resolution: arbitration Tier 4

CMS von Erlach Partners Ltd. fields an arbitration team with experience in corporate, contract and commercial matters, in addition to broad sector-based expertise. Philipp Dickenmann works as counsel, chairman, sole arbitrator and co-arbitrator, and co-leads the department alongside Christian Lüscher. Sports matters are covered by Pierre Ducret and Olivier Carrard, while Niklaus Zaugg handles banking, construction and supply disputes, and Jodok Wicki focuses on insurance law, tort issues, and product liability claims.

Testimonials

‘Jodok Wicki – excellent arbitrator.’

‘We have an exceptional working relationship with Niklaus Zaugg as he supported us already in various arbitration cases. Very pragmatic and solution oriented approach. Work products always are of very high quality.’

‘The arbitration team lead by Niklaus Zaugg is always to the point and extremely responsive.’

‘Niklaus Zaugg is a very bright, yet down to earth practitioner who always understands the client’s needs. He is very good at coming up with viable, well-founded and at the same time pragmatic solutions for complex problems. Niklaus has always provided services of very high quality within short time limits.’

Key clients

China Development Bank

Court of Arbitration for Sport (CAS)

Insolvency administrator regarding the assets of South 1 EPC Engineering Gesellschaft

PharmaEssentia

Thyssenkrupp Presta

United Medical Supply A/S

Work highlights

  • Representing PharmaEssentia – a global biopharmaceutical company – in connection with issues arising out of attempts by AOP Orphan Pharmaceuticals AG to enforce an ICC award rendered in Germany in which it was awarded €142m.
  • Conducting arbitration and enforcement proceedings on behalf of United Medical Supply against a supplier of pharmaceuticals products which failed to deliver products.
  • Represented an Egyptian world-class horse rider in an anti-doping appeal procedure before the Court of Arbitration for Sports.

Switzerland > Insolvency and corporate recovery Tier 4

CMS von Erlach Partners Ltd. covers debt enforcement, bankruptcy, and restructuring related matters. The department acts for both domestic and international clients, and is regularly active in multi-jurisdictional cases. Marjolaine Jakob leads the team, and has experience both advising and representing clients in relation with insolvency proceedings. Reto Hunsperger has expertise in international insolvency law.

Practice head(s):

Other key lawyers:

Key clients

gammaRenax AG

Work highlights

  • Advising the Swiss ancillary insolvency estate of Manfred Schmider and foreign insolvency administrator of the insolvency estate of Manfred Schmider in connection with enforcement proceedings against a third party.
  • Advising Dr. Christoph Schulte-Kaubrügger in his function as insolvency administrator over the assets of OpenLimit SignCubes GmbH.
  • Advising gammaRenax AG with regard to the purchase of assets from a debtor over which moratorium proceedings had been granted.

The firm: CMS von Erlach Partners is a leading Swiss law firm, with a proven track record and a reputation for excellent client service stretching back more than 80  years. The firm has a strong international focus and its expertise covers all areas of commercial law, making CMS Switzerland a solid player for international business law on the legal market. As a member of CMS, one of the world’s ten biggest law firms, CMS Switzerland combines local roots and business connections with the global outlook and reach to serve its clients’ needs across Europe and beyond.

CMS von Erlach Partners is the result of the 2014 merger of CMS von Erlach Henrici in Zurich and ZPG Avocats in Geneva, which brought together two prominent Swiss law firms. Working from Switzerland’s major financial and commercial centres, the firm’s experienced teams provide top-tier specialist legal expertise and business-focused advice in domestic and cross-border law and tax matters.

Areas of practice: CMS von Erlach Partners’s main areas of practice include banking and finance, commercial, competition, corporate and M&A, dispute resolution,  employment, funds, insurance, intellectual property, public procurement, real estate and tax.

Clients: CMS von Erlach Partners advises a wide range of large and mid-sized national and international clients from all major industries including banking and finance, consumer products, energy, infrastructure and project finance, insurance and funds, life sciences, manufacturing, professional services,
real estate and construction, technology, media and telecommunication, and transport and logistics.

Major clients include: ABB Asea Brown Bovery Ltd., AIG Europe Limited, Bayer (Switzerland) AG, Atos AG, Burger King Europe, Credit Suisse, Lifewatch, Merbag, Michelin, Nike, Pfizer, Porsche, Rieter, Schaeffler Schweiz, Sunrise, and Swisscard AECS.

Department Name Email Telephone
Corporate/M&A, Competition Dr Pascal Favre pascal.favre@cms-vep.com +41 22 311 00 10
French
English
German
World Law Group

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