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

CMS von Erlach Partners Ltd.
Esplanade de Pont-Rouge 9
PO Box
1211 Geneva 26
Switzerland

Switzerland > Public law Tier 1

CMS von Erlach Partners Ltd. provides market-leading public law counsel to both domestic and international clients due to its extensive team and range of expertise. The firm has a strong reputation in complex competition-related issues, representing clients before the Competition Commission through to the Federal Supreme Court. Moreover, the team specialises in procurement and white-collar crime issues, with notable activity in the field of economic sanctions due to geopolitical trends. Marquard Christen heads the public procurement and ESG group and is an expert in advising on compliance issues in these areas. Bernhard Lötscher leads on white-collar crime issues, with expertise in fraud investigations and anti-money laundering projects. Julia Haas has been noted by clients as being ‘an exceptional legal talent’.

Practice head(s):

Marquard Christen

Other key lawyers:

Testimonials

‘The public law team at CMS von Erlach is comprised of highly experienced practitioners with deep expertise in all areas of public and administrative law. The team includes seasoned litigators as well as specialists in areas like regulatory compliance, public procurement, and government contracts. What makes them unique is their ability to seamlessly integrate legal expertise with a nuanced understanding of the public sector landscape. They are adept at navigating the complexities of government bureaucracy and building strong relationships with key stakeholders.’

‘Marquard Christen is widely regarded as one of the leading public law experts in the country. What sets him apart is his ability to distil complex regulatory and procedural issues into clear, pragmatic advice. He has an uncanny knack for identifying creative solutions that advance his clients’ interests while navigating the convoluted landscape of government decision-making. Marquard’s encyclopedic knowledge of case law and administrative procedures is impressive, but it is his strategic problem-solving skills and excellent client service that truly make him stand out.’

‘Julia Haas has proven herself to be an exceptional legal talent and a true rising star in the field. Julia is highly adept at navigating the intricacies of government decision-making and regulatory compliance. She has a deep understanding of the public sector landscape, and she uses this knowledge to develop creative strategies that align with her clients’ commercial objectives.’

‘The CMS team has provided advice to our company around various ESG/sustainability topics. All partners and associates were highly knowledgeable about legal requirements and recent regulatory changes and industry practices and offered practical, hands-on advice. They were eager to understand our industry and demonstrated process knowledge. Although we interacted with different teams, it always felt like “one team” and “one voice”. Response times were quick, documents prepared were immaculate and the personal interaction was professional and always very friendly.’

‘The client is always the focus. The consulting services are well-founded, business-oriented and holistic.’

‘Marquard Christen knows how to clearly describe the opportunities and risks and propose alternative solutions. Thanks to his broad network, comprehensive advice is guaranteed at all times.’

‘Working with Marquard Christen and Julia Haas, they have shown themselves to be highly experienced in their field of expertise, enabling them to provide reliable legal guidance even in new industries. They have proven to always be available for a call when urgent matters come up and pleasant collaborators all around. These demonstrated qualities are very valuable for clients working in a face-paced environment.’

‘The team are very knowledgeable in their field of expertise, not only with regard to specific legal questions but also in relation to other business implications. That way the team is able to provide business-oriented and pragmatic advice. The working relationship with the team is very collaborative and they have proven to be always available and reliable, even on a short notice.’

Key clients

Bayer (Schweiz) AG

Back Enterprises Ltd.

Bruker BioSpin Group

Burger King Europe GmbH

Hamilton

Lilly Deutschland GmbH

LimeBike Germany GmbH

Synlab International GmbH

LivaNova Switzerland SA

Swisscard (joint venture of Credit Suisse and Amex)

Koch Group AG

Kieser Training AG

AEW Energie AG

Work highlights

  • Representing Rico Back, owner of Back Enterprises and former CEO of the Royal Mail, and Back Enterprises as an intervening party in the merger control proceedings regarding Swiss Post’s attempt to acquire its competitor Quickmail, a Swiss provider of parcel and letter delivery services.
  • Advising the Hamilton Group of Companies on a variety of regulatory matters and conducting a comprehensive gap analysis and compliance assessment involving areas including ESG and sustainability regulation.
  • Advising Eli Lilly on the assessment of applicability and implementation of the recent Swiss ESG regulations regarding reporting obligations on non-financial matters, supply chain due diligence, and transparency obligations, with notable complexities owing to various ambiguities in the new Swiss ESG regulations.

Switzerland > Competition Tier 2

A team that is noted for its ‘very good business acumen’, CMS von Erlach Partners Ltd. provides its clients with a one stop shop for competition issues, and demonstrates substantive strengths within the pharmaceutical, construction, technology, and financial services sectors; the group is able to draw upon its global network to operate for multinational corporations in the competition sphere. Three key players helm the group: ‘outstanding’ Marquard Christen, who handles a significant volume of investigations, enforcement actions, and appeals, Patrick Sommer, who is well-positioned to advise on issues arising from heavily regulated sectors such as pharmaceuticals, and Pascal Favre, a capable practitioner in the context of merger controls, antitrust appeals, and internal investigations. Simone Brauchbar Birkhäuser is another name to note, pairing her competition and IP knowledge to advise a varied range of clients.

Practice head(s):

Marquard Christen; Patrick Sommer; Pascal Favre

Other key lawyers:

Testimonials

‘They are a great practice.’

‘My lawyer Marquard Christen fulfills my needs and knows how to translate the lawyer jargon so that it becomes comprehendible for me.’

‘Marquard Christen is active! He gives me relevant information on current business that affects me and responds to my needs in an uncomplicated way.’

‘Very good business acumen, provided a tailored solution for our needs.’

‘Very competent and nice to work with.’

‘Very customer oriented, demonstrate high competence and are approachable.’

‘The team has access to a wide range of international specialists they can bring in if required. Their way of working is extremely business-oriented.’

‘Marquard Christen is an outstanding, business-oriented and dedicated lawyer.’

Key clients

Bayer

Voigt

Bruker Corporation

Swisscard

Synlab

Hachette Livre and Hachette Group

Cruspi Ltd

Ypsomed

Back Enterprises AG

Agir Ltd

Work highlights

  • Representing Swisscard, the leading Switzerland-based credit card issuer which is a joint venture of Credit Suisse (now UBS) and American Express, in an investigation by ComCo into several of Switzerland’s largest financial services providers regarding an alleged boycott of Apple Pay and other international mobile payment solutions.
  • Represented Rico Back, owner of Back Enterprises Ltd., and his company Back Enterprises Ltd as an intervening party and witness, in the merger control proceedings regarding Swiss Post’s attempt to acquire its competitor Quickmail, a Swiss provider of parcel and letter delivery services, resulting in the third prohibition decision ever made by the Swiss Competition Commission.
  • Advising Hachette on an alleged ban on parallel imports in the market for French-language books.

Switzerland > Dispute resolution: litigation Tier 2

Active across a diverse spectrum of sectors, from insurance to employment law, the ‘very skilled litigators’ at CMS von Erlach Partners Ltd. excel in advising multinational clients on challenging construction cases, alongside demonstrating skills in the trust and estates arena. Philipp Dickenmann, who counts a myriad of IT companies, fund managers, and distributors among his key roster of clients, and Daniel Kinzer, whose arsenal of skills encompasses white-collar crime, financial litigation, and employment issues, jointly spearhead the practice. Reto Hunsperger principally focuses on commercial and enforcement disputes, while Christian Lüscher‘s set of skills is comprised of civil and criminal matters alongside international judicial assistance.

Practice head(s):

Philipp Dickenmann; Daniel Kinzer

Other key lawyers:

Reto Hunsperger; Christian Lüscher; Sébastien Moret; Maxence Carron

Testimonials

‘Our go-to law firm for many years, since it provides the sort of services we are looking for: hands-on approach, pragmatic while still paying attention to all details, responsiveness, business acumen, reliable and most important – one feels they are in safe hands.’

‘Reto Hunsperger and Daniel Kinzer are both very knowledgeable, well versed in negotiations and knowledgeable of prevailing doctrine, precedents and practice.’

‘Very skilled litigators.’

‘A pleasure to work with both, very responsive, reliable, solution-oriented and an excellent understanding of our business and our aims.’

‘It was a wonderful team to work with. The teamwork was really strong.’

‘The team members are very welcoming, and they take their tasks very seriously for each dispute.’

‘Superb team, worked extremely well with the wider international team. Got on top of the detail extremely quickly.’

‘Very user friendly and built trust with the client.’

Key clients

AIG Europe

CBH Compagnie Bancaire Helvétique

China Development Bank

Credit Suisse

Mr. Abdallah El Said

GT Thommen Watch

Honeywell

ISS Facility Services AG

PharmaEssentia

Swiss ancillary insolvency estate of Manfred Schmider

Thyssenkrupp

Work highlights

  • Represented the Swiss ancillary insolvency estate of Manfred Schmider, amongst others, in a lawsuit that was filed by the Swiss ancillary insolvency estate against a third party.
  • Acted for the manager of an investment management company in a case brought by the liquidators of a trading company, who are alleging the client owes in excess of $100m.
  • Advised Honeywell International, Aerospace division, before the Supreme Court of Zug and the Swiss Federal Supreme Court in a claim for additional compensation relating to a customer’s complex bankruptcy case.

Switzerland > Employment Tier 2

CMS von Erlach Partners Ltd.’s employment team is headed by Christian Gersbach and regularly handles complex cross-border employment matters involving international clients and multi-jurisdictional employment issues ranging from the employment aspects of cross-border M&A to employment disputes. Gersbach often provides clients with strategic advice on complex cross-border reorganisations and acquisitions. Other notable team members include Daniel Kinzer, who has extensive experience handling sensitive employment litigation matters.

Practice head(s):

Christian Gersbach

Other key lawyers:

Daniel Kinzer; Miryan Meile

Testimonials

‘Specific expert know-how in retail.’

‘They were there when we needed them. They are not afraid to go the extra mile.’

‘The response time and care given to my requests is impressive. They know my business and are very practical when it comes to helping me resolve issues or design a strategy.’

‘Christian Gersbach has been very helpful to me, and is very responsive when I need him. He informs me of advice and information in a very practical and tangible way, which allows me to make decisions quickly and comfortably.’

‘Exceptional business partners on top of being excellent lawyers. Smart and knowledgeable professionals with genuine commitment and seamless availability.’

‘Among other topics they have demonstrated remarkable strengths and professionalism on complex employment matters.’

Key clients

Nike, Inc.

Accenture AG

Denner AG

Corning Inc.

ISS Facility Services

Savills Group

Endeavor

Ypsomed

Bruker Corporation

Novelis

Work highlights

  • Assisting the international sports clothing manufacturer Nike with regard to a wide range of Swiss employment matters.
  • Advising Accenture AG with regard to a range of often very complex specific employment matters.
  • Advising Denner AG on all areas of employment law.

Switzerland > Insurance Tier 2

CMS von Erlach Partners Ltd.’s insurance practice group advises clients on both contentious and non-contentious matters in the sector, often working with other departments within the firm to provide a comprehensive offering for multidisciplinary issues. Jodok Wicki heads the practice and is a standout specialist in the market with extensive experience in leading major litigation for insurance and reinsurance clients. Kaspar Landolt often advises Swiss and global financial institutions, insurers, asset managers, and others on a variety of insurance-related issues.

Practice head(s):

Jodok Wicki

Other key lawyers:

Testimonials

‘Good team with a strong international network.’

‘Jodok Wicki is a tenacious litigator who understands the insurance industry.’

‘Excellent and longstanding track record of keeping promises.’

‘Commitment to the common cause.’

‘Kaspar Landolt is our key advisor in the country. He is always responsible and provides the advice we need when we need it.’

‘I have been working with Jodok Wicki for years on various matters. He is very experienced and knowledgeable on matters of insurance law, and pursues the interests of his clients vigorously and persistently.’

Key clients

AIG

Axa XL

Work highlights

  • Advised a large international insurance company on a complex cyber breach claim with respect to coverage.
  • Advised a large international insurance company on a claim against a tower of insurers regarding a claim under a PI policy in the financial markets industry.
  • Advised on policy interpretation regarding aggregation under several treaties relating to COVID claims, involving particular complexities as Swiss law does not specifically regulate reinsurance contracts.

Switzerland > Private client Tier 2

CMS von Erlach Partners Ltd. covers a good range of matters from estate planning to matrimonial and inheritance disputes, contested wills and prenuptial agreements, handling matters for high and ultra-high net worth individuals as well as banks and family offices. Tobias Somary and Pierre Ducret lead the team. Somary, a specialist in cross-border estate planning is reputed for his depth of knowledge and ‘sophisticated approach to negotiation’. On the contentious side, Ducret is especially involved in international arbitration proceedings, both as counsel and arbitrator. A ‘true expert in the field’ Louise Lutz Sciamanna   is another key individual in the team.

Practice head(s):

Tobias Somary; Pierre Ducret

Other key lawyers:

Louise Lutz Sciamanna; Lukas Brugger

Testimonials

‘Profound specialist knowhow.’

‘I have been working closely with Tobias Sommary and Louise Lutz Sciamanna. They truly understand the client’s urgencies, and work focused on their needs. It is a great pleasure to work with them as they are attentive, thoughtful, and deeply experienced on multijurisdictional cases.’ 

‘Keys strengths are ability to deal with complex/cross-border issues and overall great breadth of experience’

‘Responsiveness – Experience – Great technically but ability to focus on practicalities (Lukas Brugger in particular)’ 

‘Tobias Somary in Zurich is my primary contact. He has a keen understanding of what makes clients tick, and how best to realize their vision, in addition to possessing technical expertise in cross-border estate administration and estate planning. Very practical. ’

‘The team stands out for their knowledge in the field of cross-border estate planning and foundation law issues; with Lukas Brugger who joined the team recently, they gained an additional expert in the field of foundation law. ’

‘Tobias Somary stands out for his expertise in cross-border estate planning. He enjoys an excellent reputation among the inheritance law specialists in Switzerland. The same is true for Louise Lutz Sciamanna, who is an absolute pleasure to work with’

‘The CMS private client team is a pleasure to work with. They have a broad expertise in cross-border matters, particularly at the intersection of Switzerland and Germany.’

Work highlights

Switzerland > Real estate Tier 2

Able to draw upon its international network of offices, CMS von Erlach Partners Ltd. regularly assists global scale clients with a myriad of large-scale projects, property acquisitions and portfolio management. The team is praised for its ‘depth of experience and client-oriented service’ and its ‘exceptional, proactive approach’. Four key players head up the group: Sibylle Schnyder, a capable practitioner who is often entrusted by a multitude of developers, investors and financial institutions; Stefan Gerster, who is adept at managing the full diversity of real estate assets; Sidonie Morvan, whose considerable workload consists of residential, industrial and commercial premises management; and Olivier Carrard, a notable presence on the transactional and financing side of this space.

Practice head(s):

Sibylle Schnyder; Stefan Gerster; Sidonie Morvan; Olivier Carrard

Other key lawyers:

Michelle Lindenmann; Thomas Zweifel; David Hofmann; Delphine Di Nolfi

Testimonials

‘CMS distinguishes itself from others in the legal community through its depth of experience and client-oriented service.’

‘Attorneys of the firm excel with their specialised knowledge in real estate and construction law through which they manage complex legal problems with effectiveness and insight.’

‘Thomas Zweifel has a very responsive work ethic and always puts the client’s interest first. In complex transactions, he stands out by quickly finding effective solutions for problems and supporting his clients in negotiations with in-depth knowledge of different legal topics across his areas of expertise. He rightly enjoys a great reputation in the field of M&A and real estate law.’

‘Comprehensive legal services from very experienced professionals.’

‘Specialised expertise with a client-focused approach.’

‘Outstanding partners and associates.’

‘Recognised for their leadership and client commitment.’

‘Client service with an exceptional, proactive approach.’

Key clients

Swiss Prime Anlagestiftung

Credit Suisse Anlagestiftung

Swiss Prime Investment Foundation

Union Investment Real Estate GmbH

UBS Fund Management Switzerland AG (and prior to the merger: Credit Suisse Funds AG)

Work highlights

  • Advised Swiss Prime Anlagestiftung with respect to the acquisition of a residential real estate portfolio consisting of six properties from the pension fund PK Dätwyler.
  • Advised Swiss Central City Real Estate Fund, a closed-ended fund managed by Nova Property Fund Management AG, a leading Swiss real estate fund management company, with respect to the strategic divestment of a real estate portfolio comprising six buildings in Basel and St. Gallen.
  • Advised a global IT company 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

Whilst CMS von Erlach Partners Ltd. provides a full service for TMT-related matters, its team possesses a core group of data protection specialists. The firm has extensive experience advising on data protection and GDPR-related issues, as well as procurement, sourcing and fintech matters and its clients include financial institutions, start-ups and tech companies. Dirk Spacek leads the team and has notable expertise in both contentious and non-contentious matters, across a variety of technology and IP-related topics. Alain Raemy ensures the practice is strong in all key related areas through his experience in complex corporate transactions such as M&As, restructurings, venture capital and private equity investments.

Practice head(s):

Dirk Spacek

Other key lawyers:

Testimonials

‘Nice to work with and professional.’

‘We value the both client-friendly and professional attitude of Dirk Spacek.’

‘CMS has always processed enquiries and requests quickly and competently.’

‘Dirk Spacek has great knowledge and expertise in the field of technology and IP. He is very responsive and gets things done.’

Key clients

Aon Schweiz AG

UCB

Aequitec AG

AEW Energie

mobile Health AG

nChain Group

Better Cotton AG

Bruker

Hochalpines Institut Ftan AG (HIF)/EIM Global

Merck AG, Switzerland

Quadient

Ratepay GmbH

Ionity

Work highlights

  • Advising mobile Health AG in connection with the Consilium Care system which incorporates the Pro Care medical device, a cancer symptoms progression monitoring product, including advising on EU-wide GDPR compliance and amendments to relevant business agreements.
  • Advising nChain in relation to a variety of issues arising from the relocation of various group entities from Antigua and Barbuda to Switzerland. Our advice has spanned all aspects of the client’s needs with respect to IP, software, copyright, and blockchain-specific data protection matters, as well as strategic issues relating to the client’s future operations.
  • Representing UCB with respect to an unfair competition dispute with a competitor in relation to the client’s medicine BIMZELX for the treatment of moderate to severe plaque psoriasis (“PSO”) and research and development tech-work involved.

Switzerland > Banking and finance: Geneva Tier 3

Spearheaded by Vaïk Müller and Pascal Favre, CMS von Erlach Partners Ltd. is noted for its strengths in insurance, anti-money laundering, and derivatives products alongside debt financing transactions. Müller brings his capabilities in fintech and blockchain based matters to the practice, while Favre enjoys considerable experience in managing project financing, syndicated lending, and collective investment schemes. Müller is regarded for his ‘global and accurate vision of the sector’s challenges’.

Practice head(s):

Vaïk Müller; Pascal Favre

Testimonials

‘Assertive, precise and diligent.’

‘The expertise of CMS is always cutting-edge and the efficiency of his advice remarkable.’

‘Vaïk Müller is by far the most important business partner for our company.’

‘Vaïk Müller’s legal and regulatory expertise, his global and accurate vision of the sector’s challenges and his commitment are essential to the smooth running of our business.’

Key clients

FundRock Switzerland

Cité Gestion SA

Work highlights

Switzerland > Commercial, corporate and M&A Tier 3

Regarded as being ‘responsive, customer and solution-orientated’, CMS von Erlach Partners Ltd. draws on its global office network to operate for an array of international corporations and is routinely engaged to handle cross-border M&A and corporate transactions. The practice is headed up by four key players: Stefan Brunnschweiler, an expert across a variety of sectors that encompasses life sciences and TMT, Pascal Favre, who is a strong choice for publicly listed companies, life sciences companies, and energy and transport corporations, Daniel Jenny, who is well-versed in M&A, private equity investments, and other transactions, and Jérôme Levrat, who is fully immersed within the healthcare industry.

Practice head(s):

Stefan Brunnschweiler; Pascal Favre; Daniel Jenny; Jérôme Levrat

Testimonials

‘Very fast, very responsive and to the point.’

‘They have excellent M&A lawyers. Always available und very responsive with a practical yet professional approach.’

‘The team is very responsive, customer and solution-orientated. Even in hectic times, we can always rely on the team. We greatly appreciate the trusting cooperation.’

‘The team offers excellent advice and have a sophisticated ability to understand international client’s priorities and perspectives while ensuring those interests are protected in Swiss transactions.’

‘Partner Daniel Jenny offers remarkable expertise in Swiss M&A, providing pragmatic solutions informed by sophisticated understanding of Swiss corporate law.’

‘Our go-to law firm since many years, since it provides the sort of services we are looking for: Hands-on approach, pragmatic while still paying attention to all details, responsiveness, business acumen, reliable and most important. Deal makers and not deal brakers. Billing always within our expectations.’

‘The CMS team stands out for its deep expertise, responsiveness, and client-focused approach. They offer tailored solutions, seamlessly managing complex cross-border transactions. Their innovative use of technology enhances efficiency and transparency in deal execution.’

‘The individuals I work with at CMS demonstrate exceptional professionalism, technical expertise, and a strong commitment to client success.’

Key clients

AEW Energie AG

Argolite AG

BOLDT AG

Bruker Corporation

CIC Capital (Suisse) AG

COWEN Europe AG

CPI Property Group

DER Touristik Schweiz AG

Endeavor/On Location Events LLC

FLACHGLAS Wernberg

Gadget abc Entertainment Group

HÄFELE Holding GmbH

Henry Schein

PMJ-tec (Shareholder of)

ProductLife Group

Renaissance Evergreen SA

Savills (Overseas Holdings) Limited

SCHURTER Group

SYNLAB Group

Vetrotech Saint-Gobain International AG

Vista Klinik Holding AG

Ypsomed AG

ISS Facility Services AG

Complementa

capiton

Work highlights

  • Advised Ypsomed, a leading developer and manufacturer of injection and infusion systems for self-medication, on all legal aspects regarding the sale of its pen needle and blood glucose monitoring systems businesses to Medical Technology and Devices S.p.A.
  • Advised CPI Property Group on the sale of its Crans-Montana mountain business to the US-based stock exchange-listed Vail Resorts, Inc., in a deal worth more than CHF110m.
  • Advised Endeavor/On Location Events LLC, the hospitality and events business owned Endeavor, the global sports and entertainment company, on their investment in Wiz-Team SA, in a complex transaction which involved a combination of primary and secondary investment.

Switzerland > Data privacy and data protection Tier 3

‘Exceptionally strong negotiator’ Dirk Spacek heads up the data privacy and protection offering at CMS von Erlach Partners Ltd., providing clients with a strong understanding in a variety of compliance and advisory mandates, as well as data protection issues surrounding a stable of M&A transactions. The team maintains a comprehensive offering, particularly across regulated industries such as technology, energy, and financial services, that ranges from general data privacy compliance work to protection issues arising from sustainability and supply chains. Julia Nitschke is also recommended.

Practice head(s):

Dirk Spacek

Other key lawyers:

Testimonials

‘The team has a strong international privacy practice and provides commercially focused advice.’

‘Dirk Spacek is commercial, responsive and provides excellent service.’

‘This team is characterised first and foremost by its absolute reliability. The members of the team work well together, are very efficient and effective in their advisory capacity, and, in addition, are very successfully interlinked to deliver above-average solutions.’

‘We are always impressed and value our cooperation very much.’

‘They always go the extra mile.’

‘Dirk Spacek’s commitment is outstanding. His in-depth expertise and many years of experience, combined with his extraordinary network, allow him to be extremely effective.’

‘Dirk Spacek works proactively and with a long-term orientation, which always gives us a competitive advantage and puts us on a solid footing. Dirk is an exceptionally strong negotiator.’

Key clients

Aon Schweiz AG

Better Cotton Initiative

Ratepay GmbHYesHochalpines Institut Ftan AG

Merck AG, Switzerland

mobile Health AG

nChain Group

N-Dream AG

Ionity

Work highlights

  • Assisted Aon Schweiz AG with conducting a comprehensive data privacy compliance project with a view toward the impending revision of the Swiss Federal Act on Data Protection.
  • Advised the Better Cotton Initiative on an analysis of data privacy and trade secret implications of sharing supplier and retailer data through their online platform for sustainability and supply chain transparency purposes.
  • Assisted Ratepay with conducting a comprehensive data privacy compliance assessment of its business model and implications under Swiss privacy laws.

Switzerland > Fintech Tier 3

The fintech and blockchain team at CMS von Erlach Partners Ltd. advises investors, start-ups, and technology companies throughout the fintech arena on complex regulatory issues, as well as on the structuring of fintech platforms and products. Team head Tina Balzli leverages her wider financial services industry experience to assist clients with the full range of fintech and blockchain-related work.

Practice head(s):

Tina Balzli

Other key lawyers:

Testimonials

‘People are fantastic. Collaboration is great.’

Key clients

Aequitech AG

Bitcoin Association for BSV, Zug

Float Lending AB

Work highlights

  • Advising Aequitech AG in relation to the launch of its app-based platform to keep the share registry of Swiss stock corporations and allow them to hold their general meetings digitally.
  • Advising Bitcoin Association for BSV on all Swiss legal topics, including a variety of regulatory and organisational matters.
  • Advising Float Lending AB on its issuance of tokenised notes under Swiss law via a Luxembourg Special Purpose Vehicle, representing one of the first “real” issuances of tokenised notes under the new Swiss legislation.

Switzerland > Healthcare and life sciences Tier 3

CMS von Erlach Partners Ltd. houses a broad offering which notably acts for Bayer, Eli Lilly, and Unilabs, often leveraging its international network of offices. The team also handles advertising-focused proceedings and cross-border acquisitions. Team co-leads Patrick Sommer routinely advises on M&A and administrative proceedings concerning antitrust pricing issues, and Christoph Willi is well-equipped to handle series financing matters and patent portfolio management mandates.

Practice head(s):

Patrick Sommer; Christoph Willi

Other key lawyers:

Alain Raemy; Simone Brauchbar Birkhäuser; Julia Haas

Testimonials

‘Oversight, diligence, excellent business acumen.’

‘International network which allows quick access to lawyers based in other jurisdictions.’

‘Very skilled people, highly reactive and to the point.’

‘Christoph Willi: Fast response times, puts the customer at the centre.’

Key clients

Bayer (Switzerland) AG

Syncona Ltd

Medbase AG

Unilabs AG

Vista Klinik Holding AG

Eli Lilly (Suisse) S.A

Lilly Deutschland GmbH

Ypsomed AG

Work highlights

  • Advised Vista Klinik Holding AG on the acquisition of ophthalmological service providers and related regulatory questions.
  • Advised Ypsomed AG on the sale of its pen needle and blood glucose monitoring system business with reported sales of CHF 52 million in 2022/2023.
  • Acted in arbitration proceedings for a Swiss-American pharmaceutical manufacturer against a clinical developer concerning an innovative drug candidate for the treatment of haematological malignancies.

Switzerland > Insolvency and corporate recovery Tier 3

CMS von Erlach Partners Ltd.‘s insolvency and corporate recovery practice group works closely with the firm’s international network to provide clients with standout cross-border advice, regularly assisting with corporate restructurings and bankruptcy administrations. Notably, Marjolaine Jakob heads the group and stands out for her expertise in cross-border insolvency matters. Reto Hunsperger specialises in cross-border bankruptcy proceedings, litigation, and enforcement actions.

Practice head(s):

Marjolaine Jakob

Other key lawyers:

Testimonials

‘Highly responsive, always available, excellent collaboration.’

‘Excellent access to employees. Proactive and forward-thinking partner with whom the critical issues could be addressed.’

‘Very good specialist knowledge. Showed a high level of empathy and understanding of the customer’s situation. This also helped us to discuss unusual suggestions or ideas.’

‘Our cooperation is mainly based on foreign proceedings, which take a lot of time due to the recognition of Swiss law. Our experience to date has been very positive.’

‘Our previous experience with the firm and its partners has been excellent.’

‘The team excels at handling complex domestic and international matters with a strong focus on business impact. Their proactive communication and responsiveness ensures that clients are well guided at every stage, building client confidence. By continually integrating new technologies and approaches, they are constantly striving to deliver even better results for clients. The CMS team’s strong collaboration and extensive network allows it to draw not only on diverse expertise, but also on all jurisdictions.’

‘Marjolaine Jakob stands out for her diligence and unique strategic thinking. She has extensive expertise in cross-border restructuring cases and international insolvency law. Her work advising foreign insolvency practitioners in cross-border insolvency proceedings is impressive.’

‘Reto Hunsperger’s in-depth commercial knowledge and business-oriented approach make him an outstanding advisor. He is highly engaged and proactive, ensuring that no detail is overlooked and constantly striving for the best outcome for his clients.’

Key clients

Swiss ancillary insolvency estate of Manfred Schmider

Dr. Christoph Schulte-Kaubrügger (insolvency administrator over the assets of OpenLimit SignCubes GmbH)

SEFE Schweiz AG

Bankruptcy administration of Müller Reformhaus Vital Shop AG in liquidation

Appointment by FINMA as bankruptcy administrator of OLIVEDA Switzerland Ltd. in liquidation

Appointment by FINMA as bankruptcy administrator of CC Private Equity Partners Ltd., Hamilton (Bermuda), Zweigniederlassung Zürich in liquidation

Signa Financial Services AG

SIGNA Real Estate Management Schweiz GmbH

GfV Gesellschaft für Vermögensverwaltung mbH

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.

Switzerland > Intellectual property Tier 3

Hailed for their ‘responsiveness’, the lawyers at CMS von Erlach Partners Ltd. are well versed in the whole spectrum of trade mark protection, regulatory issues, and unfair competition proceedings. Operating out of Zurich, the practice is particularly active in the media, pharma, and tech industries, with joint heads Simone Brauchbar Birkhäuser and Dirk Spacek each specialising in the enforcement of trade mark portfolios and complex patent disputes. Julia Nitschke is a cybersecurity expert, whilst Olivia Zingg predominantly focuses on copyright matters.

Practice head(s):

Simone Brauchbar Birkhäuser; Dirk Spacek

Other key lawyers:

Testimonials

‘Very easy to reach, good availability, quick support.’

‘Cover all areas of expertise needed.’

‘Well connected on Swiss market.’

‘The CMS von Erlach Partners IP team provides superior brand protection services.’

‘The clarity and succinctness of their communications set their services apart.’

‘Simone Brauchbar Birkhäuser is an experienced and thoughtful lawyer, and judicious about her involvement out of concern for cost.’

Key clients

Better Cotton Initiative

Aon Schweiz AG

N-Dream AG

Near Foundation

Designwerk Technologies AG

Barilla

Lab 14 GmbH

Bruker

UCB

Gadget abc Entertainment Group

Balsiger Textil AG

Dieci AG

Work highlights

  • Advising Bruker Corporation, a NASDAQ-listed US tech company, on all legal IP aspects of its acquisition of Chemspeed Technologies AG, a Swiss provider of vendor-agnostic automated laboratory R&D and QC workflow solutions.
  • Advising pharma company UCB on the enforcement of its claims in an unfair competition dispute with a competitor.
  • Advising Gadget abc Entertainment Group on the acquisition of a majority stake in Stars in Town AG, including all IP and licensing-related matters.

Switzerland > Sports law Tier 3

Able to draw upon its international office network, CMS von Erlach Partners Ltd. handles a litany of sports mandates, varying from anti-doping and negligence issues to contractual and employment disputes. The practice is co-led by Pierre Ducret and Philipp Dickenmann; the former enjoys extensive experience in the arbitration sphere, while the latter is regularly entrusted by sports clubs and retail manufacturers for litigation and arbitration issues. Olivier Carrard is also highly experienced in the disputes realm and frequently handles matters for global scale clients.

Practice head(s):

Pierre Ducret; Philipp Dickenmann

Other key lawyers:

Key clients

Mohamed Talaat

Court of Arbitration for Sport (CAS)

Abdallah El Said

Work highlights

  • Represented Mohamed Talaat, a world-class horse rider, in an anti-doping appeal procedure before the Court of Arbitration for Sport.
  • Advised a Swiss football club in connection with a civil suit initiated in France by the widow of a former player who died on the pitch as a result of a heart attack.
  • Represented the Egyptian soccer player Abdallah El Said in proceedings against the Al Ahly football club before the Swiss Federal Supreme Court.

Switzerland > Tax Tier 3

The ‘highly professional’ CMS von Erlach Partners Ltd. provides a full-service offering that encompasses international tax planning, M&A and finance transactions alongside wealth structuring, regularly operating for an array of private, public, and institutional clients. The practice is jointly led by Mark Cagienard, a capable practitioner in relation to finance and tax issues surrounding VAT, and Andrio Orler, a strong choice for those seeking assistance with M&A, wealth structuring and estate planning, among other issues. David Hürlimann is active across the full spectrum of corporate tax, while Sarah Busca Bonvin is well-positioned to represent clients in an array of cross-border transactions, employee-related tax issues and administrative mandates.

Practice head(s):

Mark Cagienard; Andrio Orler

Other key lawyers:

Testimonials

‘Highly professional team, very timely responses to requests, broadly connected to other specialists.’

‘Main contact is David Hürlimann who is very professional, very competent in Swiss, German and French tax law and with a high degree of social competence. Impressive personality.’

‘The team is very experienced and customer-oriented. I appreciate the fast turnaround time. The quality of the work is exceptional, and the cooperation is very professional.’

‘A high level of motivation, a great deal of specialist knowledge and a very quick grasp of things. The collaboration is always very efficient and extremely pleasant.’

‘Mark Cagienard is a very dedicated partner with deep legal knowledge. He provides excellent legal advice in a business-oriented and pragmatic manner.’

‘Business acumen and overall tax expertise (even on very technical topics).’

‘Very high level, quick and flexible.’

‘They are very proactive and creative in terms of tax planning.’

Key clients

Bruker

Saint-Gobain

ISS

Ypsomed

Float Finance

Work highlights

  • Representing 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 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.
  • Advised Ypsomed on the sale of its pen needle and BGM businesses to MTD.

Switzerland > Banking and finance: Zurich Tier 4

Counting financial institutions, funds, and industrial enterprises among its key consortium of clients, CMS von Erlach Partners Ltd. demonstrates considerable proficiencies in relation to acquisition finance, asset finance, and regulatory licenses or rulings from FINMA. Kaspar Landolt heads up the group with his extensive experience in relation to the issuance and offering of financial instruments, regulatory licenses and project finance, to name a few. Tina Balzli is highly knowledgeable on the subject of global and Swiss regulatory landscape in capital and financial markets law. Other recommended lawyers include Matthias Kuert and Dominique Gemperli.

Practice head(s):

Kaspar Landolt

Key clients

FundRock Switzerland

Cité Gestion SA

Work highlights

Switzerland > Capital markets Tier 4

Offering a broad capital markets practice to its clients, CMS von Erlach Partners Ltd. demonstrates particular capabilities in relation to cross-border finance transactions and multi-jurisdictional regulatory issues. Steering the practice is Matthias Kuert, who deploys his capital markets compliance and proxy fights experience to assist major shareholders of listed companies, whereas Tina Balzli possesses vast expertise in the remit of international and Swiss regulatory requirements, among other issues.

Practice head(s):

Matthias Kuert

Other key lawyers:

Key clients

Talenthouse AG

Float Lending AB

Wockhardt Bio AG

Aequitec AG

Work highlights

  • Advising Float Lending AB on the issuance of tokenised notes which were then placed to investors by way of a private placement.
  • Advising Wockhardt Bio AG on the voluntary delisting of its shares from BX Swiss AG.
  • Advising Aequitec on their entire set-up, including the Swiss and foreign capital market law aspects of Aequitec’s listed company clients.

Switzerland > Dispute resolution: arbitration Tier 4

While demonstrating particular capabilities in the construction remit, CMS von Erlach Partners Ltd. also maintains a broad practice that spans insurance, competition, real estate, and employment. The practice is jointly led by Zurich-based Philipp Dickenmann and Geneva-based Daniel Kinzer; other key contacts in the team include Niklaus Zaugg, who is notably well-versed in matters arising from the automotive, banking, and pharmaceutical sectors, and Olivier Carrard, who possesses a strong grounding in sports law. Pierre Ducret and Jodok Wicki are also recommended.

Practice head(s):

Philipp Dickenmann; Daniel Kinzer

Other key lawyers:

Testimonials

‘Niklaus Zaugg and his team were very persuasive in presenting their client’s case in the written submissions. The case was very complex. The CMS team convinced with the excellent quality of their work.’

‘As a client of the team, you always have the feeling of being very well looked after and receiving an excellent basis for decision-making.’

‘The team works very transparently and, especially in matters with deadlines, with perfect time planning that prevents any hectic rush.’

‘Jodok Wicki works very precisely and is able to familiarise himself with complex technical issues in a very short time. In doing so, he develops an understanding that impresses every expert in the field.’

‘The team in Zurich enjoys both breadth (several high-quality practitioners at all levels) and depth (expertise in several areas, including construction and insurance and reinsurance).’

‘Stand-out partner for general commercial and construction disputes: Niklaus Zaugg.’

‘Experts in their respective areas of practice.

‘Very professional team and extraordinary capabilities.’

Key clients

Thyssenkrupp Presta Aktiengesellschaft

thyssenkrupp Steering Changzhou Co., Ltd.

Court of Arbitration for Sport

Insolvency administrator regarding the assets of South 1 EPC Engineering Gesellschaft

Forced administrator over Novatek Green Energy Sp. z o.o.

Mr. Abdallah El Said

Mr Mohamed Talaat

UMS Nordic A/S

China Development Bank

Work highlights

  • Advised Christian Holzmann in his capacity as insolvency administrator regarding the assets of South 1 EPC Engineering Gesellschaft (formerly MMEC Mannesmann) on an ICC claim over an abandoned multibillion-dollar pipeline project to transport gas from Iran to Europe.
  • Represented thyssenkrupp in a high-stakes international arbitration proceeding conducted under the Swiss Rules relating to the delivery of defective components by one of its suppliers.
  • Defended the Polish administrator over the sanctioned Polish company Novatek Green Energy Sp. z o.o. in the defence against the enforcement of an alleged arbitral award issued against Novatek by a Moscow based “arbitral tribunal”.

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 [email protected] +41 22 311 00 10
French
English
German
World Law Group