CMS von Erlach Partners Ltd. > Geneva, Switzerland > Firm Profile
CMS von Erlach Partners Ltd. Offices
Esplanade de Pont-Rouge 9
PO Box
1211 Geneva 26
Switzerland
CMS von Erlach Partners Ltd. > The Legal 500 Rankings
Switzerland > Public law Tier 1
CMS von Erlach Partners Ltd. has particular strengths in public procurement law, administrative penal law, white-collar crime, economic sanctions, and competition law matters. Marquard Christen, who heads the team, has extensive experience representing and advising clients in administrative court proceedings concerning public procurement law. Bernhard Lötscher assists corporate and private clients in economic crime matters, handling criminal and regulatory investigations as well as international mutual assistance in administrative, criminal and civil matters. Julia Haas has a special focus on economic administrative law and regulated markets.Practice head(s):
Marquard Christen
Other key lawyers:
Bernhard Lötscher; Julia Haas
Testimonials
‘Efficient collaboration, deep knowledge in their area of expertise, and fast results.’
‘Highly qualified, motivated, skilled and efficient. Work really well in their team.’
‘The team provides perceptiveness, level-appropriate communication, strong personality, efficiency, holistic advice.’
‘Positive characteristics include their business acumen, availability and responsiveness, dedication, pragmatism and hands-on approach, the size of the firm (not too big, not too small), and their reputation.’
‘The collaboration was characterised by legal insights presented in a clear and easy-to-understand manner.’
‘The partner we worked with was absolutely reliable and managed communication with humour and a positive mindset.’
‘Highly motivated team, which was able to cover our international needs in collaboration with their global network.’
Key clients
Bayer (Schweiz) AG
Burger King Europe GmbH
Lilly Deutschland GmbH
Synlab International GmbH
LivaNova Switzerland SA
IT District GmbH
Swisscard (joint venture of Credit Suisse and Amex)
TeamWork Schweiz AG
Moderna
Koch Group AG
Kieser Training AG
AEW Energie AG
Work highlights
- Advising AEW Energie AG in the entire tender process and procedure for the procurement of IT services (implementation of new SAP software for the entire group of companies).
- Advising Burger King comprehensively on working permits and on immigration matters.
Switzerland > Competition Tier 2
Alongside extensive experience in competition law matters related to public procurement, ‘well-educated and experienced’ CMS von Erlach Partners Ltd. fields a strong offering across cartels, distribution agreements and the implementation of comprehensive antitrust compliance programmes. The team covers a multitude of sectors from construction to consumer goods. ‘Business-oriented’ Marquard Christen, Patrick Sommer and Pascal Favre steer the team. Christen demonstrates strong capabilities in handling matters at the interface of competition and public procurement law, while Sommer includes merger control proceedings and antitrust compliance matters in his arsenal of skills. Favre is particularly experienced in the realm of distribution agreements.Practice head(s):
Marquard Christen; Patrick Sommer; Pascal Favre
Other key lawyers:
Alain Raemy
Testimonials
‘Well educated and experienced in Swiss competition law.’
‘CMS not only has a broad and experienced competition team in Switzerland, but also an unparalleled network of competition experts in all other cities around the globe where CMS is present.’
‘You get full partner attention whenever you need it whilst the size of the team allows to scale up for bigger matters. ’
‘Marquard Christen lives and breathes competition/antitrust law and is very good at coming up with solutions that work for us from a business perspective.’
Marquard Christen is very responsive, great at explaining complex topics in an easily understandable manner and a pleasant person to work with.’
‘Hands-on and practical approach. Up to date and very capable consultants. ’
‘They can put themselves in the situation of the client. Comprehensive, friendly and down to earth. ’
‘I have worked closely with Marquard Christen, who has provided my company with outstanding support. He is very business oriented and is able to explain difficult things in a simple way for everyone to understand. ’
Key clients
Bayer (Switzerland)
Voigt
Bank Julius Bär
A leading Germany-based distributor dealing in pharmaceutical components
Swisscard
Hachette Group
Cruspi (company of Oettinger Davidoff group)
Rabobank
Tognetti Auto
Synlab
Koch Group
Hew AG Bauunternehmung Chur
Synlab
SNCF Group
Michelin Group
Lagardère Group
Work highlights
- Advised the Voigt group in challenging merger control proceedings.
- Represented a major Swiss bank in the first Swiss investigation in the labour market.
- Advised the Hachette Group in the appeal proceedings on the alleged ban on parallel imports in the market for French-language books.
Switzerland > Dispute resolution: litigation Tier 2
‘Superb’ CMS von Erlach Partners Ltd. possesses a strong grounding across commercial, corporate and contractual disputes, with a prominent presence in the field of construction. Its strengths extend from automotive and insurance to IT and employment sectors. Co-lead Philipp Dickenmann is routinely entrusted by large banks, auditing and advisory companies to manage disputes, and fellow co-lead Daniel Kinzer has recently handled a significant real estate dispute alongside a host of white-collar, commercial and financial disputes. Christian Lüscher is adept in sports-related matters. Reto Hunsperger specialises in commercial and enforcement disputes. Jodok Wicki is another key contact.Practice head(s):
Philipp Dickenmann; Daniel Kinzer
Other key lawyers:
Christian Luscher; Reto Hunsperger; Jodok Wicki; Marjolaine Jakob
Testimonials
‘Business acumen, availability, pragmatism and hands-on approach are some key features of the team.’
‘Creativeness, dedication, and a profound knowledge of the market and trends.’
‘Superb. They produced excellent work with very limited time available to them.’
‘Jodok Wicki and Marjolaine Jakob are both excellent. Smart, hard working and savvy.’
‘The department has shown excellent skills for complex contractual disputes including subsequent collection issues.’
‘They are highly qualified and proactive; they think strategically and always consider the future options and knock on effects.’
‘Jodok Wicki goes every extra mile needed until the best solution is found. His vast experience is great for setting strategy. But he can just as easily switch between a helicopter view and a close look at the details.’
‘We appreciate Jodok Wicki’s availability, good communication and his ability to create a team spirit between the client’s team and his team.’
Key clients
AIG Europe
BSV Association
CBH Compagnie Bancaire Helvétique
China Development Bank
Credit Suisse/Credit Suisse (Schweiz)
GT Thommen Watch
PharmaEssentia
Swiss ancillary insolvency estate of Manfred Schmider
Thyssenkrupp
Weng Fine Art
Switzerland > Employment Tier 2
CMS von Erlach Partners Ltd. utilises its global network to support international clients with all employment-related matters, with particular expertise in the cross-border aspects of mobile working. Practice head Christian Gersbach advises corporate clients on drafting of employment contracts, employee representation, and dismissals. Daniel Kinzer represents employees and employers in both public and private court litigation. Miryam Meile has extensive expertise in employee leasing and cross-border assignments.Practice head(s):
Christian Gersbach
Other key lawyers:
Daniel Kinzer; Miryam Meile
Testimonials
‘The firm were very good at grasping our challenges quickly and were efficient in serving us.’
‘The individuals I engaged with were quick, flexible and were very easy to work with. I only had to give minimal instruction and they picked things up very quickly, and the turnaround was always within my expectations. I always felt in safe hands.’
‘The practice is unique as it swiftly and effectively addresses company’s legal queries and also gives comprehensive guidance around specific legal areas.’
‘The team works swiftly and effectively, with the highest level of legal professionalism. A specific mention to Christian Gersbach for prompt and professional responses.’
‘Personal, efficient and competent.’
‘Excellent partner and team providing excellent advice.’
Key clients
Nike, Inc.
Accenture AG
Denner AG
Corning Inc.
ISS
AON
Nissan
St. Gobain
WSP Global
Novelis
Work highlights
- Assisting the international giant sports clothing manufacturer Nike with regard to a wide range of Swiss employment matters.
- Advised Accenture AG with regard to a range of often very complex specific employment matters, such as on the employment aspects of M&A transactions (including post-merger integration aspects), and post-contractual non-compete clauses.
- Advising Denner AG on all areas of employment law, including dismissals, termination agreements, the implementation of new expense regulations, employee representation matters, data protection issues, etc.
Switzerland > Insurance Tier 2
Capable of acting for a diverse range of clients, CMS von Erlach Partners Ltd. is sought out for assistance with matters pertaining to legal, regulatory and tax advice in the insurance sphere. Key undertakings include the structuring, issuance, marketing and distribution of insurance products, alongside demonstrable capabilities in handling the drafting and review of policies and broker agreements. Jodok Wicki helms the practice, counting large insurance and reinsurance companies amongst his client roster. Kaspar Landolt’s wide-ranging experience encompasses corporate lending, insurance and collective investment schemes.Practice head(s):
Jodok Wicki
Other key lawyers:
Kaspar Landolt; Sébastien Moret
Key clients
AIG
Axa XL
Work highlights
- Advised a large international insurance company on complex cyber breach claim with respect to coverage.
- Advised a large international insurance company on claim against a tower of insurers regarding a claim under a PI policy in the financial markets industry
- Providing coverage advice regarding Lloyds BBB policy relating to unfaithful conduct of employee in connection with structured financial products and handling of client accounts.
Switzerland > Private client Tier 2
The private client team at CMS von Erlach Partners Ltd. focusses on domestic and international estate planning and litigation, and regularly caters to high-net worth individuals, families, and banks. Co-leading the team is Tobias Somary, who has extensive experience advising on prenuptial agreements, trusts, and succession planning. Pierre Ducret heads the team alongside him and is particularly skilled at navigating litigation with a cross-border element. Considered ‘a go-to practitioner for complex inheritance matters’, Louise Lutz Sciamanna also comes highly recommended.Practice head(s):
Tobias Somary; Pierre Ducret
Other key lawyers:
Louise Lutz Sciamanna; David Hürlimann; Tanja Schaub; Sarah Busca Bonvin
Testimonials
‘Tobias Somary certainly stands out with his experience. He is a very good solution-oriented lawyer.’
‘Tobias Somary in Zurich is a first-rate cross-border practitioner with excellent technical abilities and a bedside manner to match.’
‘They have a great team with excellent experts.’
‘Louise Lutz Sciamanna is a go-to partitioner for complex inheritance matters. He also has great interpersonal skills.’
‘Louise Lutz Sciamanna and Tobias Somary both have extensive experience in cross-border estate planning.’
‘CMS is very impressive.’
‘Tobias Somary is superb. I would not hesitate to recommend him.’
Work highlights
Switzerland > Real estate and construction Tier 2
CMS von Erlach Partners Ltd. provides legal advice to both domestic and international clients on all aspects of real estate transactions, from acquisition and development to financing the sale of properties. The Zurich team is headed by Stefan Gerster, who has extensive experience in hotel and entertainment centre investments, and Sibylle Schnyder, who has a particular focus on real estate acquisitions and divestments. Olivier Carrard advises clients on commercial real estate transactions and co-heads the Geneva team together with Sidonie Morvan, who has expertise in tenancy law and real estate-related litigation. At the associate level, Thomas Zweifel and Delphine Di Nolfi are names to watch.Practice head(s):
Stefan Gerster; Olivier Carrard; Sibylle Schnyder; Sidonie Morvan
Other key lawyers:
Testimonials
‘Recommended for the team’s knowledge and network.’
Key clients
Credit Suisse Asset Management (Switzerland) AG
Nova Property Funds Management
Swiss Prime Site Immobilien
Swiss Prime Solutions & Swiss Prime Anlagestiftung (SPA)
Generali Investments
Vinci Promotion
Allianz Suisse Real Estate Inc
Union Investment Real Estate Sarl
Die Anlagestiftung DAI
Work highlights
- Representing Swiss Prime Site Immobilien, the leading Switzerland-based real estate company, with respect to a green lease template. The client intends to roll out green leases for all new and existing lease objects.
- Providing on-going advice to this client regarding the expansion of its Swiss offices, including three new major lease agreements totalling circa 30,000 square metres; and fit-out.
Switzerland > TMT Tier 2
CMS von Erlach Partners Ltd. provides a full service for all TMT-related matters including IT-procurement and sourcing, IT-based offerings in insurance and finance sectors, and regulation of telecommunications companies. Practice head Dirk Spacek has a primary focus on new business models arising in the media, internet, and technology sectors, as well as data commercialisation and intellectual property law. Alain Raemy has particular expertise in network-based industries and technology matters. Simone Brauchbar Birkhäuser advises clients in connection with contentious and non-contentious issues relating to trade marks, copyrights, unfair competition, and advertisement.Practice head(s):
Dirk Spacek
Other key lawyers:
Alain Raemy; Simone Brauchbar Birkhäuser; Julia Nitschke
Testimonials
‘Dirk Spacek is an outstanding professional with a great understanding of our commercial and technical implementation needs in larger projects and implications of data-driven business models under privacy regulations. His team has great expertise in IT, IP and privacy matters.’
‘Dirk Spacek is a genuine pleasure to work with. I am amazed by the overall breadth of expertise the team has both in TMT, IP and data privacy matters but also interconnected areas of law such a contract negotiations, public/regulatory law and litigation support in disputed matters.’
‘Dirk Spacek has been a collaboration partner for a long time period. He is a very quick thinker with great knowledge on the IT- and technology-sector and has a good sense of commercial pragmatism. His team is well aligned and ensures broad capabilities in the TMT-sector and a quick turnaround time.’
Key clients
Aon Schweiz AG
Commerzbank AG
Aequitec AG
All4 Education GmbH
mobile Health AG
nChain Group
GENUI
Voigt Holding AG/Phoenix Pharma Switzerland
Hochalpines Institut Ftan AG (HIF)/EIM Global
Merck AG
Work highlights
- Advised Aon on all legal aspects of it entering into a strategic cooperation with GLOBAZ with respect to a pension administration IT solution.
- Advised nChain on all aspects of IP-, software-, copyright- and blockchain-specific data protection matters with respect to two nChain Group entities relocation from Antigua and Barbuda to Switzerland.
- Advised Merck AG on the process of updating all internal data protection matters and documents with a view on the new data protection legislation in Switzerland.
Switzerland > Banking and finance: Geneva Tier 3
CMS von Erlach Partners Ltd. assists Switzerland-based and global financial institutions, funds, industrial enterprises and other companies on a broad range of banking & finance issues. The team is headed by Vaïk Müller, whose practice covers banking, regulatory, financial services and products, and compliance and regulatory matters, and Pascal Favre , who has extensive expertise in acquisition and project financing, corporate and syndicated lending, and collective investment schemes. Audrey Durand focuses on blockchain and crowdfunding projects as well as regulatory matters.Practice head(s):
Vaïk Müller; Pascal Favre
Other key lawyers:
Testimonials
‘Always great advice, our advisor is extremely knowledgeable on our field and always manages to explain to us the legal context and our options.’
Key clients
FundRock Switzerland (formerly ARM Swiss Representatives)
Cité Gestion SA
Work highlights
Switzerland > Capital markets Tier 3
Led by Matthias Kuert, CMS von Erlach Partners Ltd.’s capital markets practice counts a consortium of clients, from global listed companies to industrial enterprises, in its roster. The team covers a variety of matters in the remit of capital markets, including fintech, proxy fights and an array of compliance issues. Kuert advises clients in general contract, commercial and financial law matters, while Tina Balzli is routinely engaged by leading Swiss and foreign financial institutions to handle a broad scope of matters.Practice head(s):
Matthias Kuert
Other key lawyers:
Testimonials
‘The whole CMS team is very harmonious. Our enquiries are passed on very promptly to the respective colleagues according to their expertise.’
‘Our direct contact person, Matthias Kürt, remains informed and keeps an eye on our concerns as a whole.’
‘Matthias Kürt has so far advised us very competently, quickly and purposefully on matters relating to capital market law (Swiss IPOs), share tokenisation and employee share ownership. Compared to other law firms and lawyers, it stands out that Matthias Kürt always responds very promptly.’
‘We feel that we are in very good hands, both professionally and personally.’
Key clients
Talenthouse AG
Aequitec AG
Wockhardt Bio AG
Work highlights
- Advising the board of Talenthouse AG on various private placements to investors and investments by the company.
- Advising Wockhardt Bio AG on the voluntary de-listing of its shares from BX Swiss Exchange AG.
- Advising Aequitec on its innovative share registry services offering, which Aequitec also provides to public companies.
Switzerland > Commercial, corporate and M&A Tier 3
Drawing on its global network, the ‘very dedicated’ CMS von Erlach Partners Ltd. acts for a stellar client roster across a diverse array of sectors, from energy and financial services to life sciences and technology. Key areas of expertise for the practice include private equity, transaction risk insurance and an extensive range of M&A. Stefan Brunnschweiler and Daniel Jenny, who are based in the Zurich office, and Pascal Favre and Jérôme Levrat, who are based in the Geneva office, spearhead the practice. Brunnschweiler is routinely entrusted to advise on strategic investments and M&A, while Jenny is well known for his capabilities in private equity and cross-border transactions. Favre enjoys a strong reputation with clients across the manufacturing, pharma, media and transport sectors, among others, and Levrat’s strengths lie in M&A and venture capital transactions, among others. Alain Raemy is also recommended.Practice head(s):
Stefan Brunnschweiler; Pascal Favre; Daniel Jenny; Jérôme Levrat
Other key lawyers:
Alain Raemy; Stephan Werlen
Testimonials
‘Very dedicated team. Highly responsive.’
‘Very strong stakeholder management skills in M&A and partnership management in the highly entrepreneurial life sciences and biotech sector. They lead strategically and operationally.’
‘Apart from having strong corporate law and M&A experience, Stefan Brunnschweiler displays ownership and accountability for getting a transaction done and managing open items in the aftermath. He has a diligent eye for detail plus the ability to take a helicopter view.’
‘Business acumen, pragmatism and a hands-on approach.’
‘Alain Raemy is very easy to work with. Efficient, clear, and solutions oriented. He has a great talent for putting himself in the shoes of his client. There is never any issue.’
‘CMS von Erlach has a great M&A team, which has a finger on the pulse and, besides its obviously excellent legal background, delivers commercially driven results to its clients.’
‘Alain Raemy provides excellent advice on clients’ needs in a very efficient manner. His way of work is excellent, as are his negotiations skills, which helps to get a transaction over the finish line.’
‘Creativity, dedication, and a profound knowledge of the market and trends. This is especially true for Daniel Jenny.’
Key clients
ACE SWISS Group
Axpo Holding AG
Baillie Gifford & Co
BorgWarner UK Holding & Services Limited
Bruker Corporation
CIDAN Machinery Group AB
DuPont de Nemours, Inc.
GENUI AG
GEODIS Group
ISS A/S
Mediobanca S.p.A. and its affiliate Compass Banca S.p.A.
OMNES Education SAS (CINVEN)
One Inside (shareholders)
ProductLife Group
REWE Group and its Swiss affiliate DER Touristik Schweiz AG
RSBG SE
Saint-Gobain
Schurter Holding AG and its owner family
SERCAB GROUP SA
SYNLAB International GmbH
Trilux AG
Vista Klinik Holding AG (Vista Augenpraxen & Kliniken AG)
Vivalto Santé Investissement SA
Voigt Holding AG
Weidmann Holding AG
WSP Global Inc.
Work highlights
- Advised the owner family of SCHURTER Group on the sale of a majority stake in SCHURTER Holding AG to Capvis AG.
- Represented SYNLAB Group in its sale of its entire Swiss operations to Sonic Healthcare.
- Advised US-based investment company GENUI AG on the acquisition of a majority stake in Magnolia, a leading software vendor in the global digital experience and content management markets.
Switzerland > Data privacy and data protection Tier 3
‘Quick thinker’ Dirk Spacek steers CMS von Erlach Partners Ltd.’s data privacy practice, a team that is proficient in handling global data privacy, protection and information security matters for a diverse range of domestic and international clients. Spacek advises clients on an array of advisory, transactional and contentious work in this field, while Simone Brauchbar Birkhäuser’s expertise comprises a variety of IT and IP issues. Julia Nitschke fields a considerable workload that incorporates arbitration and litigation related matters.Practice head(s):
Dirk Spacek
Other key lawyers:
Testimonials
‘CMS is an expert in the field and the different colleagues and partners are well equipped to support the matter.’
‘All individuals are professionals and are able to listen and apply the need to find a legal solution or inform accordingly to take sounded decisions.’
‘The team is very capable and possesses strong knowledge.’
‘Dirk Spacek is able to quickly recognize the problems and propose pragmatic solutions with an excellent ability to plan and anticipate.’
‘Dirk Spacek is a genuine pleasure to work with. I am amazed by the overall breadth of expertise the team has.’
‘Dirk Spacek is a very quick thinker with great knowledge on the IT- and technology-sector and has a good sense of commercial pragmatism. This ensures that we receive legally solid but also straight-to-the point pragmatic solutions in good time. His team is well aligned and ensures broad capabilities in the TMT-sector and a quick turnaround time.’
Key clients
Aon Schweiz AG
Better Cotton Initiative
Commerzbank AG, Schweiz
Hochalpines Institut Ftan AG (HIF)/EIM Global
Merck AG, Switzerland
mobile Health AG
nChain Group
N-Dream AG
Work highlights
- Assisted Aon Schweiz AG with a comprehensive data privacy compliance project in order to implement all necessary steps required under the revision of the new Swiss Federal Act on Data Protection (FADP).
- Assisting Merck AG comprehensively on all aspects of the impending revision of the Swiss Federal Act on Data Protection.
- Advised Better Cotton Initiative on all data privacy and trade secret implications of sharing supplier and retailer data through a global online-platform for sustainability and supply chain transparency. Analysed this data sharing project under the viewpoint of various laws (i.e. data privacy, trade secret regulation and existing supply chain transparency obligations under Swiss law).
Switzerland > Fintech Tier 3
Steered by Tina Balzli, CMS von Erlach Partners Ltd.’s ‘responsive, solution-oriented and creative’ fintech practice advises on matters pertaining to innovative payment services, digital assets brokerage and trading platforms as well as cryptocurrency exchanges. The team is able to utilise its extensive global network to benefit its clients. Well regarded for her ‘experience, personality and skills’, Balzli is knowledgeable across the full gamut of regulatory issues, among others. Matthias Kuert strengthens the practice with his expertise in general contract and corporate law matters.Practice head(s):
Tina Balzli
Other key lawyers:
Testimonials
‘They are perfectly up to speed and even beyond when it comes to the latest legal and general developments, are well educated and experienced, very responsive, solution oriented and creative.’
‘Tina Balzli leads the team and stands out with her experience, personality and her skills.’
Key clients
Aequitech AG
BSV Association
TAAL Distributed Information Technologies Inc.
Work highlights
- Providing ongoing legal advice to Aequitec on an app-based platform to keep the share registry of Swiss stock corporations and allow them to hold their general meetings digitally.
- Advising BSV Association on all Swiss legal topics, such as regulatory questions, or organizational questions. BSV Association supports the Bitcoin SV base layer protocol.
- Advising TAAL Distributed Information Technologies Inc. on its Swiss subsidiary and on other Swiss law aspects concerning, inter alia, tax and employment law. TAAL is a vertically integrated Blockchain infrastructure and service provider, enabling customized solutions to enterprise clients. The company is listed at the Canadian securities exchange.
Switzerland > Healthcare and life sciences Tier 3
The broad team at CMS von Erlach Partners Ltd. is well equipped to handle a variety of mandates involving patent enforcement actions, advertising and distribution issues, and tariff negotiations. The group is also noted for its handling of data protection matters and administrative proceedings concerning pricing. Practice co-head Christoph Willi assists numerous outpatient clinics and hospitals with agreements concerning rebate transfers and services. Co-head Patrick Sommer is well versed in matters concerning licenses for medical products, and remedial actions and disclosure to Swissmedic. Alain Raemy has extensive expertise in private M&A, contractual issues, and corporate restructurings.Practice head(s):
Patrick Sommer; Christoph Willi
Other key lawyers:
Key clients
Bayer (Switzerland) AG
Synlab International
Unilabs AG
Medbase AG
Vista Klinik AG
Mobile Health AG
LivaNova
Work highlights
- Representing Bayer (Switzerland) in Swiss administrative proceedings regarding price recommendations for medication against erectile dysfunction traded over-the-counter.
- Advising SYNLAB Group on its sale of SYNLAB SUISSE SA to Sonic Healthcare.
- Advising IBSA in several pricing proceedings with the Swiss Office of Public Health and its periodic review.
Switzerland > Insolvency and corporate recovery Tier 3
CMS von Erlach Partners Ltd. has ‘deep legal knowledge’ on all insolvency and restructuring matters, regularly advises domestic and foreign financial creditors and debtors on judicial and non-judicial restructuring matters and corporate reorganisation measures, including non-performing loans, debt restructuring, and capital increases. The team is headed by Marjolaine Jakob who has a special focus on cross-border insolvency and restructuring law. Reto Hunsperger assists foreign insolvency administrators in enforcing claims and adding domestic assets to foreign insolvency estates.Practice head(s):
Marjolaine Jakob
Other key lawyers:
Testimonials
‘Great team with good profile and deep legal knowledge.’
‘Good theoretical knowledge of insolvency and restructuring. Regarding practice the team is still quite junior, but definitely uprising.’
‘Marjolaine Jacob is very precise and has a very good theoretical knowledge. She is definitely rising.’
Key clients
Swiss ancillary insolvency estate of Manfred Schmider
Dr. Christoph Schulte-Kaubrügger in his function as insolvency administrator over the assets of OpenLimit SignCubes GmbH
gammaRenax
SEFE Schweiz AG
Work highlights
- Represented the Swiss ancillary insolvency estate of Manfred Schmider, among others, with regard to a lawsuit that was filed by the Swiss ancillary insolvency estate against a third party and based on a settlement agreement concluded between the foreign insolvency administrator and the third party to amicably solve several claw-back claims of the foreign insolvency estate.
- Advised the German insolvency administrator of OpenLimit SignCubes AG, among others, with regard to the cooperation with the administrator of the Swiss composition proceedings which were conducted over the Swiss group company prior to the opening of insolvency proceedings.
- Advised SEFE Schweiz AG with regard to various aspects of its restructuring, following its coming under the sole ownership of the Federal Government of Germany, as a result of the invasion of Ukraine.
Switzerland > Intellectual property Tier 3
CMS von Erlach Partners Ltd. uses its ‘excellent knowledge of IP and trade mark law’ to support Swiss-based and global clients with international IP transactions and litigations with particular strengths in the IP development and transfer agreements, pharma patent litigation, trade mark protection, and corporate IP transactions. Practice co-head Simone Brauchbar Birkhäuser has expertise drafting and enforcement of contracts for the transfer of intellectual property rights, especially license and R&D agreements. Dirk Spacek, who co-heads the team alongside Birkhäuser, handles technical IP matters such as patent law as well as software- and media-copyright matters.Practice head(s):
Simone Brauchbar Birkhäuser; Dirk Spacek
Other key lawyers:
Testimonials
‘CMS has excellent knowledge of IP and trade mark law. Would instruct them again at any time. ’
‘Simone Brauchbar has strong expertise in IP and trade mark law and has an excellent reputation in the industry.’
Key clients
Better Cotton Initiative
Tetra Semiconductors AG
Aon Schweiz AG
N-Dream AG
Near Foundation
Designwerk Technologies AG
Barilla
Lab 14 GmbH
Work highlights
- Advising Better Cotton Initiative on sustainability claim regulation in Switzerland and especially the EU.
- Advising Aon Schweiz AG in a transaction to enhance its range of digital services as part of its pension fund management operations.
- Advising Designwerk Technologies AG on all trade mark matters as well as various R&D and delivery agreements.
Switzerland > Sports law Tier 3
The sports practice at CMS von Erlach Partners Ltd. is regularly instructed on sports litigation matters within ice hockey and football. The practice draws from the expertise of specialists from other practice areas as well as relying on its global network to support in complex mandates. Practice heads Pierre Ducret and Philipp Dickenmann both represent clients in arbitration proceedings before CAS. Alongside being a CAS arbitrator, Olivier Carrard assists many young athletes and clubs pro bono.Practice head(s):
Pierre Ducret; Philipp J. Dickenmann
Other key lawyers:
Testimonials
‘CMS Switzerland has a strong and competent team of lawyers with recognised exerience in sports law, in particular in litgation before the Court of Arbitration for Sport, both as arbitrators and counsels. ’
‘Olivier Carrard, Olivier Ducrey and Phlipp Dickenmann are fine lawyers and arbitrators, with a strong knowledge and experience in sports law, in arbitration in particular. ’
Work highlights
- Representing Mohamed Talaat, a world-class horse rider, in an anti-doping appeal procedure before the Court of Arbitration for Sport.
- Representing an international football player in an appeal procedure before the Court of Arbitration for Sport concerning the breach of pre-contractual duties.
- Successfully representing the Egyptian football player Abdallah El Said in proceedings against the Al Ahly football club before the Swiss Federal Supreme Court.
Switzerland > Tax Tier 3
CMS von Erlach Partners Ltd. is a ‘one-stop shop’ handling the full spectrum of tax-related matters. Areas of strength include transfer pricing, estate planning, VAT and customs matters, and tax controversy issues. Mark Cagienard is ‘outstanding’ in corporate taxation matters at the domestic and cross-border level, with expertise in finance, VAT, and M&A. Cagienard leads alongside Andrio Orler, who advises on the tax elements of M&A, corporate reorganisations, and other cross-border transactions. David Hürlimann focuses on the particular taxation of groups, international tax, and tax accounting. Sarah Busca Bonvin has extensive expertise in tax planning for high-net-worth individuals.Practice head(s):
Mark Cagienard; Andrio Orler
Other key lawyers:
Testimonials
‘CMS and their lawyers have extensive knowledge in both local law and cross-border transactions. In the international terrain they move with an incredible security that always gives us peace of mind. CMS is a one-stop shop. This keeps complicated mandates lean and does not tie up any personnel capacities in our company.’
‘I mostly work with Mark Cagienard. In the course of our cooperation, he has more than convinced us of his outstanding legal skills in the field of tax and corporate law. His absolute strengths are corporate law, while he is also our first point of contact concerning private equity, financial market law or regulated activities under Swiss law.’
‘The response times to enquiries are incredibly short, and the answers always impress us with their level of detail. Mark Cagienard’s solutions are always geared to our needs and in line with the requirements of the market.’
‘Knowledgeable, effective teams that understand client needs and commit resources with efficiency in mind.’
‘Mark Cagienard has been an excellent all-round advisor and problem solver.’
Key clients
Bruker
Saint-Gobain
ISS
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.
- Representing a Switzerland-based, publicly listed client on taking advantage of transitional rules in view of new corporate income tax law relating to the valuation of goodwill and depreciation.
- Advising ISS on the tax law aspects of the acquisition of Livit FM Services.
Switzerland > Banking and finance: Zurich Tier 4
CMS von Erlach Partners Ltd.‘s ‘responsive and experienced’ team advises Switzerland-based and global financial institutions, funds, industrial enterprises and other companies on the full range of banking & finance matters. Kaspar Landolt, who heads the team, is experienced in acquisition finance, corporate lending, real estate finance, project finance and asset finance, the issuance and offering of financial instruments, and applying for regulatory licenses. Fintech expert Tina Balzli specialises in banking and financial markets. Matthias Kuert and Dominique Gemperli are further recommended.Practice head(s):
Kaspar Landolt
Other key lawyers:
Testimonials
‘Responsive and experienced.’
‘Very dedicated and proactive.’
‘The CMS team, and Kaspar Landolt in particular, are commercial practitioners. They put the interests of the clients above all else and seek to find practical and workable solutions.’
‘Kaspar Landolt is my first choice among Swiss attorneys. He provides concise and pointed guidance, which clients can easily understand and implement in practice.’
Switzerland > Dispute resolution: arbitration Tier 4
Zurich-based Philipp Dickenmann and Geneva-based Daniel Kinzer lead the arbitration practice at CMS von Erlach Partners Ltd., a team which handles complex contentious construction mandates as well as commercial and contractual disputes. Key contact Niklaus Zaugg‘s strengths lie in managing construction projects and various supply agreement disputes. Olivier Carrard and Pierre Ducret contribute considerable expertise in the arena of sports, while Jodok Wicki possesses a wealth of experience in the remits of insurance law, among other areas.Practice head(s):
Philipp J. Dickenmann; Daniel Kinzer
Other key lawyers:
Niklaus Zaugg; Olivier Carrard; Pierre Ducret; Jodok Wicki
Key clients
China Development Bank
Court of Arbitration for Sport (CAS)
Framatome GmbH (member of EDF group)
Insolvency administrator regarding the assets of South 1 EPC Engineering Gesellschaft
PharmaEssentia
Thyssenkrupp Presta
United Medical Supply A/S
Work highlights
- Successfully represented Thyssenkrupp Presta Aktiengesellschaft (TKP) in a high stakes ICC arbitration proceeding relating to the delivery of defective components by one of its suppliers.
- Representing United Medical Supply, a leading US-based global medical supplies company, in arbitration and enforcement proceedings under the ICC rules against a supplier of pharmaceutical products which failed to deliver products.
- Successfully represented Framatome in an ICC emergency arbitration, in which the applicant vainly sought to hinder our client from drawing a bank guarantee.
CMS von Erlach Partners Ltd. > Firm Profile
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.
Main Contacts
Department | Name | Telephone | |
---|---|---|---|
Corporate/M&A, Competition | Dr Pascal Favre | pascal.favre@cms-vep.com | +41 22 311 00 10 |
Lawyer Profiles
Photo | Name | Position | Profile |
---|---|---|---|
Ms Sarah Busca Bonvin | Partner | View Profile | |
Mr Olivier Carrard | Partner | View Profile | |
Mr Pierre Ducret | Partner | View Profile | |
Ms Audrey Durand | Senior Associate | View Profile | |
Dr Pascal G. Favre | Partner | View Profile | |
Dr Pascal G. Favre | Partner | View Profile | |
Mr Daniel Kinzer | Partner | View Profile | |
Mr Jérôme Levrat | Partner | View Profile | |
Mr Christian Lüscher | Partner | View Profile | |
Ms Sidonie Morvan | Partner | View Profile | |
Dr Vaïk Müller | Partner – Head of Banking & Finance Geneva | View Profile | |
Mr Andrio Orler | Partner | Certified Tax Expert | View Profile |
Languages
French English GermanMemberships
World Law GroupLegal Briefings
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Doing business in the UAE
CMS’s John O’Connor and Harkee Wilson discuss the challenges and issues businesses face operating in the UAE and investigate some of the recent changes in the business environment.
Comparative Guides
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United Arab Emirates: Advertising & Marketing
Published: October 2023
Authors: Ben GibsonKhiloni JobanputraJaleela JohnsonEve Brady
This country-specific Q&A provides an overview of Advertising & Marketing laws and regulations applicable in United Arab Emirates.
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United Kingdom: Advertising & Marketing
Published: October 2023
Authors: Tom ScourfieldStuart Helmer
This country-specific Q&A provides an overview of Advertising & Marketing laws and regulations applicable in United Kingdom.
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Italy: Advertising & Marketing
Published: October 2023
Authors: Paola GhezziGiulia Tomassini
This country-specific Q&A provides an overview of Advertising & Marketing laws and regulations applicable in Italy.
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Sweden: Lending & Secured Finance
Published: April 2024
Authors: Ulf ForsmanHåkan Lindgren Per Englund
This country-specific Q&A provides an overview of Lending & Secured Finance laws and regulations applicable in Sweden.
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Singapore: Construction
Published: May 2024
Authors: Lynette Chew Kelvin Aw Asya Jamaludin Grace Lu Andy Yeo Dian Tambunan
This country-specific Q&A provides an overview of Construction laws and regulations applicable in Singapore.
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Germany: Class Actions
Published: June 2024
Authors: Dr. Thomas LennarzDr. Peter Wende, LL.M.
This country-specific Q&A provides an overview of Class Actions laws and regulations applicable in Germany.
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Budget 2024: Renewed Focus on Singapore’s Social Compact
Published: March 2024
Authors: Wei Ming Tan
- Public law
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