CMS > Zurich, Switzerland > Firm Profile

CMS
CMS von Erlach Partners Ltd
Räffelstrasse 26, PO Box
8022 Zurich
Switzerland

Switzerland > Real estate and construction Tier 1

The real estate practice at CMS focuses on advising national and international institutional investors on all aspects of transactions. This includes acquisitions and divestments in asset and share deals, developments of various types of real estate, financings and sale-and-lease back transactions of office, hotel and logistics properties. Stefan Gerster and Olivier Carrard jointly head the team, which ‘distinguishes itself by an efficient and hands-on attitude‘, and further advises on corporate real estate matters, including real estate litigation. Sibylle Schnyder is a further key contact. Sidonie Morvan, who has a focus on acquisitions, construction and development projects, joined from OA LEGAL in January 2021.

Testimonials

‘CMS’ experienced team assists clients in achieving their business goals supporting them with their deep knowledge and understanding of local and international law. The team distinguishes itself by an efficient and hands-on attitude making them one of the top partners for real estate and construction law in Switzerland.’

‘Thomas Zweifel has gained experience in many real estate and M&A related transactions and uses his vast knowledge to assist his clients in all legal matters. Especially his out-of-the-box thinking is valuable to master complex transactions. His responsive work ethic makes him a reliable partner.’

‘Highly experienced law firm, want to get things done.’

‘Stefan Gerster and Sibylle Schnyder are highly experienced, very responsive.’

‘Great network.’

Key clients

Credit Suisse Asset Management (Switzerland) Ltd.

Swiss Prime Site Immobilien Ltd.

Swiss Prime Investment Foundation

Allianz Suisse Real Estate Inc

Deka Immobilien Investment GmbH

Work highlights

  • Assisted Deka Immobilien Investment GmbH with the acquisition of a large office building in Geneva by means of a sale and lease back transaction from Banque Pictet.
  • Assisted private Swiss real estate owners with the sale of a commercial property located in the CBD of Zurich to an institutional investor.
  • Assisted Credit Suisse Funds AG with the sale of a business hotel in Basel.

Switzerland > Competition Tier 2

CMS has ‘an excellent antitrust team, well established in the market, which is well represented both in an advisory capacity and in proceedings.‘ The group covers the full gamut of Swiss, EU and international competition law. Areas of expertise include cartels, distribution agreements, abuse of dominance, merger control, international coordination of competition clearances, private enforcement, state aid, investigations and compliance. Special emphasis is, however, placed on the representation of clients before Swiss competition authorities. Recent work included matters for clients active in the payment solutions, pharmaceutial, automotive, banking, telecom, and e-commerce areas. Patrick Sommer and ‘excellent expertMarquard Christen lead the Swiss practice, which also includes the Geneva-based Pascal Favre. Counsel Fabian Martens is ‘very astute and demonstrates a great depth of knowledge.

Other key lawyers:

Testimonials

‘CMS has an excellent antitrust team, well established in the market, which is well represented both in an advisory capacity and in proceedings.’

‘Marquard Christen certainly stands out. He is an excellent competition lawyer with a very good reputation, in-depth knowledge of Swiss competition law and a clear to-the-point and hands-on attitude.’

‘Counsel Fabian Martens is emerging with a growing footprint in the Swiss competition law scene.’

‘The cooperation with CMS  in general, and in particular with Marquard Christen and his team, has always had a high level of quality and responsiveness. Their advice is precise, but at the same time limited to what we needed. What differentiates CMS from most if not all Swiss commercial law firms is its international reach. I also heard that they have – through CMS – an entire team which is dedicated to the introduction and use of new technology.’

‘Marquard Christen clearly is an outstanding lawyer with a large practice and an incredible knowledge of competition law that is both broad and deep. At the same time, he is very sociable, down-to-earth and modest. He just knows one aim: finding the best solutions for his clients. It is always a great pleasure to work with him both on the merits of the case and personally. He is definitely a great choice for clients.’

‘Fabian Martens is very astute and demonstrates a great depth of knowledge and expertise. He is able to quickly provide comprehensive advice on complex issues. He is great to deal with.’

‘Marquard Christen is an excellent expert in Swiss competition/antitrust law. Apart from that, I was impressed by his and his team’s ability to present an extremely complex legal analysis in a format which was understandable.’

‘Marquard Christen is an excellent competition lawyer, responsive and outstanding in complex negotiations with the regulator. He is particularly strong in the combination of competition law and public procurement law.’

Key clients

Techcompany GmbH

ABB

Agta Record AG

Bank Julius Bär & Co. AG

Bayer (Switzerland) AG

Credit Suisse/Swisscard

Hachette Group, a member of Lagardère Group

Hawa Sliding Solutions AG

Hew AG Bauunternehmung Chur

Holcim (Schweiz) AG

IT District GmbH

Koch Group AG

Pfizer

Porsche

Tognetti Auto SA

Toller Unternehmungen AG

Zürcher Kantonalbank

Work highlights

  • Representing a German distributor dealing in pharmaceutical components in an investigation by ComCo regarding allegations that manufacturers and distributers of a pharmaceutical ingredient have concluded unlawful price and market sharing agreements.
  • Representing Techcompany GmbH in a Covid-19 related ComCo investigation on alleged horizontal price fixing regarding Covid-19 rapid tests.
  • Acting for a Swiss financial services providers involved in the ongoing investigation by Swiss ComCo on an alleged boycott of Apple Pay and other international mobile payment solutions.

Switzerland > Dispute resolution: litigation Tier 2

CMS’ dispute resolution practice acts for a wide variety of domestic and international clients in commercial disputes before the state courts, appeal proceedings and enforcement work. The group is particularly adept at complex corporate responsibility matters, contractual disputes, construction cases and trust and estate mandates, with additional expertise in the banking, insurance, commercial, construction and sports sectors. Philipp J Dickenmann and Christian Lüscher lead the team from Zurich and Geneva respectively. Other key names include sports law experts Olivier Carrard and Pierre Ducret, Reto Hunsperger, who handles enforcement proceedings, and white-collar crime specialist Bernhard Lötscher.

Testimonials

‘The team led by Jodok Wicki managed to grasp all the peculiarities of the subject matter, came up with a sound argumentation and managed to explain the case in an understandable manner.’

‘Jodok Wicki, who is a partner at CMS, combines his massive experience in the legal profession with an extraordinary understanding of the blockchain technology and crypto-assets.’

‘Competent and comprehensive analysis of the problem.’

‘There simply are not enough adjectives to properly describe how truly delightful they are. They are professional, they are utterly brilliant, they are thorough, effective, talented, competent, caring, most important of all, they are completely loyal. Compared to other firms, there is no comparison! Their skilfulness, their expertise, it is amazing. They are excellent! They do not miss anything. They listen well, they understand, and very importantly, they care. They do not rush, they take enough time and do a phenomenal job!’

Key clients

AIG Europe Limited

Atos AG, Zurich, Switzerland

Banque Cantonale de Genève

Bitcoin Association for BSV

China Development Bank

Credit Suisse AG/Credit Suisse (Schweiz) AG

Metaberatung GmbH

Luxury-Trade GmbH, Zug

Swiss ancillary insolvency estate of Manfred Schmider

Work highlights

  • Acting for a Swiss asset management bank in litigation relating to a client adviser which engaged in unauthorised speculation through structured products on a financial future.
  • Acting for an individual and Metaberatung GmbH in a shareholder dispute in which the shareholders accused each other of not acting in the best interest of their companies.

Switzerland > Employment Tier 2

A focus of CMS’ employment team are international and cross-border employment matters where the unit can make use of its vast international firm network. As such, the Zurich-based team acts for a variety of international clients, such as listed multi-national corporations from, among others, the technology, manufacturing, communications and IT industries, who appreciate the group’s ‘clarity and precision’. Practice head Christian Gersbach provides ‘seamless’ and ‘always precise’ advice on all employment-related issues, including employment contracts, mass dismissals, corporate transactions, work permits and employment disputes.

Practice head(s):

Testimonials

‘The key team’s strengths are clarity and precision of the advice.’

‘The cooperation with Mr Christian Gersbach was seamless and advice always precise and with view of the business needs.’

Key clients

Nike Inc.

Accenture AG

Denner AG

Corning Inc.

Diageo

BURSON COHN & WOLFE

Novelis

RUAG AG

nChain AG

Harald Quandt Industriebeteiligungen GmbH

ABB

Everbridge

Avectris

Work highlights

  • Assisted Nike with regard to all kinds of Swiss employment matters, including advising on specific employment relationships as well as on all employment law aspects of the COVID-19 crisis.
  • Advised Accenture AG with regard to specific employment matters (including advice with regard to the employment aspects of transactions) as well as on all employment law aspects of the COVID-19 crisis (e.g. home office questions, protection of employees at higher risk, etc.).
  • Advised Denner AG on all areas of employment law, including dismissals, termination agreements, the implementation of new regulations, employee representation matters, data protection issues, etc.

Switzerland > Healthcare and life sciences Tier 2

CMS covers a range of life sciences and healthcare matters and is particularly well-positioned in cross-border instructions. The team has know-how in regulatory frameworks for therapeutic products, laboratory services and medical service providers; administrative and court proceedings; commercial cooperation agreements; compliance and advertising. Patrick Sommer, who leads the practice together with senior associate Marion Wyler also offers competition law experience. The practice is increasingly active in projects regarding medical health applications.

Practice head(s):

Key clients

Bayer (Switzerland) AG

synlab Suisse SA (and its subsidiaries)

Kieser Training AG

Mobile Health AG

Work highlights

  • Advising and representing a medical devices company in a disclosure procedure to various European authorities of a potential non-compliance regarding authorizations.
  • Advising and representing Bayer Schweiz AG in proceedings before the Swiss Federal Supreme Court regarding alleged vertical price-fixing of drugs traded over-the-counter.
  • Advised Bruker on the acquisition of PMOD Technologies LLC, a provider of research-use-only software for preclinical and molecular imaging.

Switzerland > Insurance Tier 2

CMS has a strong footprint in litigation and arbitration for insurance and reinsurance clients, including intermediaries, with particular strength in D&O liability as well as coverage disputes. Further, the team of practice head Jodok Wicki is experienced in advising on the legal, tax and regulatory aspects of insurance and re-insurance policies, broker agreements as well as on the structuring, issuance, marketing and distribution of insurance products, ‘especially in the area of financial lines insurance products and insurance policies‘.

Practice head(s):

Testimonials

‘Excellent reputation in the industry.’

‘Excellent client focus.’

‘Specialised in the field of insurance law and jurisdiction/case law with many years of experience especially in the area of financial lines insurance products and insurance policies. Specialised knowledge in handling of complex financial losses with a focus on damages of banks and financial institutions with its liability issues.’

‘Specialists with seniority and an excellent reputation in the industry/market.’

Key clients

AIG

AXA XL

Work highlights

  • Provided coverage advice regarding a claim under PI policies for a financial services company.
  • Coverage advice to a Swiss bank regarding Lloyds BBB policy relating to undue actions of employee in connection with structured financial products and handling of client accounts.

Switzerland > Leading firms: German-speaking Switzerland Tier 2

CMS fields a ‘wide variety of experts across all the legal fields’ and has ‘huge connections around the globe within the CMS network’. The team handles dispute resolution, real estate, insurance and employment law matters, among others. In the Zurich office key contacts are Marquard Christen, managing partner David Hürlimann, a member of the firm’s competition and EU group steering committee, and litigation and arbitration specialist Jodok Wicki. Other individuals to note are Dirk Spacek, Stefan Gerster, Stefan Brunnschweiler, Christian Gersbach, Philipp J Dickenmann, Reto Hunsperger, Daniel Jenny, Tina Balzli and Tobias Somary.

Testimonials

‘Compared to other legal firms CMS partners and associates have extensive knowledge in the area of distributed ledgers, tokenisation, especially in the context of global capital markets. The team was especially innovative when it came to our articles of association that now allow our company to issue intermediated and tokenised securities at the same time.’

‘Specialised in the field of insurance law and jurisdiction/case law – many years of experience especially in the area of financial lines insurance products and insurance policies and its scope of coverage and range of exclusions – focus on corporate clients/business and multinational corporate insurance programs – knowledge of the insurance market developments and its recent trends – specialised knowledge in handling of complex financial losses with a focus on damages to banks and financial institutions with liability issues.’

‘Dirk Spacek’s approach was very good and he was able to explain many points to us so that we have a solid contractual basis with our customers. Comments and additions he has always taken professionally.’

‘The collaboration was excellent. Dirk Spacek essentially became a member of our team providing tactical and strategic guidance as well as legal opinion.’

‘Tobias Somary is an excellent lawyer who always looks for practical solutions in the best interest of his clients.’

‘Wide variety of experts across all the legal fields. Huge connections around the globe within the CMS Network. Extraordinary understanding of the blockchain technology and crypto-assets.’

‘Jodok Wicki combines his massive experience in the legal profession with an extraordinary understanding of all the different legal and technical aspects of the blockchain technology and crypto-assets. This very often allowed us to spot things, which we were not even aware of.’

Tina Balzli is one of the most renowned legal experts in the field in Switzerland, and she brings to Fintech a lot of knowledge from the banking/regulatory field.

Key clients

ABB

Agta Record AG

AIG Europe Limited

Aktiengesellschaft Ernst Hablützel + Co.

All4Education GmbH

Allianz Suisse Real Estate Inc (acting for various Swiss Allianz companies)

Aon Schweiz AG

ASSEPRO

Atos AG, Zurich, Switzerland

Avectris AG

AXA XL

Bank Julius Bär & Co. AG

Better Cotton Initiative

Bruker

Burger King Europe GmbH

BURSON COHN & WOLFE

CCC Group

Corning Inc.

Credit Suisse Asset Management (Switzerland) Ltd. (acting for various CS real estate funds and CS investment foundations)

Deka Immobilien Investment GmbH

Denner AG

Designwerk Technologies GmbH

Diageo

DP World

Dr. Rainer Neubauer/Metaberatung GmbH

Ecclesia

Everbridge

Gaydoul Group

GIA Informatik

Guardtime Ltd.

Harald Quandt Industriebeteiligungen GmbH

HEB Swiss Investment AG

Hew AG Bauunternehmung Chur

Holcim (Schweiz) AG

IMCD Group

ISS

IT District GmbH

Karl Vögele AG

keyon AG

Kieser Training AG

Koch Group AG

LafargeHolcim

Lilly Deutschland GmbH

LivaNova Switzerland SA

LLB Swiss Investment AG, as fund management company of AMG Substanzwerte Schweiz Fund, a fund managed by AMG Fondsverwaltung AG

Luxury-Trade GmbH, Zug

Medico Invest AG

MET Gas and Energy Marketing Ltd

Mobile Health AG

Moderna

nChain Group

Nike Inc.

Novelis

Pfizer

Porsche

Renaissance Anlagestiftung

RUAG MRO Holding AG

Rutronik

Securitiesgrid Ltd

Sunrise

Swiss ancillary insolvency estate of Manfred Schmider

Swiss Prime Investment Foundation

Swiss Prime Site Immobilien Ltd.

Syncona Ltd.

Synlab International GmbH

Synlab Suisse SA

TAAL Distributed Information Technologies Inc.

TeamWork Schweiz AG

Techcompany GmbH

Toller Unternehmungen AG

Uniprod / Halder

VISTA

Web 3.0 Foundation

Yongfeng

Zürcher Kantonalbank

Work highlights

  • Advised ISS, a leading global facility services provider, on the sale of its Swiss subsidiary ISS Kanal Services AG to KLAR Partners, a pan-European investment firm.
  • Representing the Swiss ancillary insolvency estate of Manfred Schmider in various court proceedings.
  • Represented Techcompany GmbH in a Covid-19-related ComCo investigation into alleged horizontal price fixing regarding Covid-19 rapid tests.

Switzerland > Banking and finance: Zurich Tier 3

CMS‘ practice covers transactions and lending, acting on acquisitions, trade, project, debt and real estate finance. The regulatory practice includes assistance with applications for regulatory licences, rulings from FINMA and advising on anti-money laundering and derivatives trading issues. Led by Kaspar Landolt, the group is instructed by Swiss and international financial institutions, funds, and industrial enterprises. Tina Balzli joined in July 2021 from PwC Switzerland.

Practice head(s):

Other key lawyers:

Testimonials

‘The team has lots of experience relating to corporate governance/Finma regulations.’

Switzerland > Commercial, corporate and M&A Tier 3

CMS has team of ‘excellent specialists with a high level of commitment and flexibility.’ Areas of expertise include cross-border transactions, private equity fund formations and investments, W&I insurance and D&O liability as well as distressed M&A. The group covers a variety of industries, including the energy, financial services, infrastructure and pharmaceutical sectors. Stefan Brunnschweiler and Pascal Favre are the practice heads of the Zurich and Geneva teams respectively. Alain Raemy also advises on corporate governance issues. Daniel Jenny is a key practitioner for private equity matters.

Testimonials

‘Excellent, committed, straight to the point, extremely professional.’

‘Very professional, responsive and commercial team with an awareness that in an M&A deal time is of the essence.’

‘Competent, solution-oriented, fast.’

‘Client-focused, flexible pragmatic.’

‘Very friendly and courteous team of excellent specialists with a high level of commitment and flexibility, a wide range of experience and always striving to find pragmatic legal solutions.’

‘High level of commitment and collegial cooperation, especially with Stefan Brunnschweiler and Franziska Hammer. A great wealth of experience and in-depth expertise.’

Key clients

ABB

ISS

Uniprod/Halder

Ecclesia

RUAG MRO Holding AG

keyon AG

Medico Invest AG

Aktiengesellschaft Ernst Hablützel + Co.

ASSEPRO

Renaissance KMU Schweizerische Anlagestiftung

Avectris

Shareholders of IPG Group

Socar Energy Limited GmbH

NChain

Designwerk Technologies GmbH

The Permanent Committee of the Geneva International Motorshow (GIMS)

ARM Swiss Representatives SA

S2F Groupe Partnaire SA

BeeMed SA

VISTA

Guardtime Ltd.

Work highlights

  • Advised ISS, a leading global facility services provider on the sale of its Swiss subsidiary ISS Kanal Services AG to KLAR Partners.
  • Advised the Geneva International Motor Show in the negotiation and set up of a cross-border joint venture with Qatar’s National Tourism Council to provide assistance to the Qatari government with the inception and development of a Qatar Geneva International Motor Show.
  • Advised publicly traded, international bakery company Aryzta in the sale of its sandwich production division to Bell Food Group.

Switzerland > Data privacy and data protection Tier 3

CMS has a strong international positioning and works seamlessly across departments and offices. The team is able to advise on data protection and privacy aspects of the digital transformation of companies, electronic health, and InsurTech and FinTech in addition to covering GDPR and Swiss data protection law. The names to note are IP/IT-specialist Dirk Spacek, who is also the practice head, and counsel Simone Brauchbar Birkhäuser.

Practice head(s):

Testimonials

‘Best informed about new technologies; very helpful for any data protection issues; flexible.’

‘Very short reaction time, even during holidays; high competence; always friendly.’

‘Outstanding competence, 24h availability, excellent communication, strategic and tactical approach.’

‘Dirk Spacek: great know-how, good presentation of the facts.’

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 online tracing platform for sustainable cotton for international use.
  • Advising Web 3.0 Foundation in 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

When advising on fintech matters, CMS draws on an interdisciplinary team of banking and finance, IP, IT, data privacy and commercial law specialists. The team provides guidance on regulatory and compliance issues in addition to assisting with licensing applications, the drafting of licensing agreements and with data protection issues of blockchain projects. The group is noted for its ‘extensive knowledge in the area of distributed ledgers and tokenisation, especially in the context of global capital markets‘. Tina Balzli, Kaspar Landolt, Dirk Spacek, associate Matthias Kuert and Vaïk Müller are the key contacts.

Other key lawyers:

Testimonials

‘Compared to other legal firms, CMS partners and associates have extensive knowledge in the area of distributed ledgers, tokenisation, especially in the context of global capital markets.’

‘Matthias Kuert has an in-depth knowledge of tokenisation in connection with capital markets law.’

‘Jodok Wicki combines his massive experience in the legal profession with an extraordinary understanding of all the different legal and technical aspects of the blockchain technology and crypto-assets. This very often allowed us to spot things, which we were not even aware of.  Tina Balzli is one of the most renowned legal experts in the field in Switzerland, and she brings to Fintech a lot of knowledge from the banking/regulatory field.

‘Jodok Wicki combines his massive experience in the legal profession with an extraordinary understanding of all the different legal and technical aspects of the blockchain technology and crypto-assets. This very often allowed us to spot things, which we were not even aware of.’

Key clients

Shareholders of Quartal Financial Solutions

Aequitec AG

Securitiesgrid Ltd

Bitcoin Association for BSV

TAAL Distributed Information Technologies Inc.

nChain group

Work highlights

  • Advised two nChain Group entities on their relocation from Antigua and Barbuda to Zug, Switzerland.
  • Advised Aequitec on the legal aspects of the platform on an ongoing basis.
  • Advised Securitiesgrid Ltd on the Swiss law aspects of tokenizing securities, including advice on what the banking partners (Swiss banks or securities traders) need to consider when implementing Securitiesgrid Ltd’s solution on an ongoing basis.

Switzerland > Intellectual property Tier 3

CMS acts for Swiss, foreign and international corporations on such matters as trade mark protection and litigation, intellectual property development and transfer agreements as well as corporate transactions involving intellectual property. The team, headed by Dirk Spacek and Simone Brauchbar Birkhäuser, demonstrates particular strength in acting for clients from the software industry on matters regarding development, licensing, technology protection, contracts and enforcement as well as patent litigation in the pharmaceutical industry. Clients are impressed by the ‘excellent strategic management of cases‘.

Testimonials

‘The collaboration was excellent. Dirk Spacek essentially became a member of our team providing tactical and strategic guidance as well as legal opinion.’

‘Outstanding Quality, excellent strategic management of cases.’

Key clients

Aon Schweiz AG

Designwerk Technologies GmbH

Leading food manufacturer (name confidential)

Yongfeng

IMCD Group

Harald Quandt Industriebeteiligungen GmbH

DP World

Syncona Ltd.

Gaydoul Group

Santhera Pharmaceuticals Holding AG

Work highlights

  • Advised Aon Schweiz AG in a major software-licensing & copyright dispute and the contractual negotiation of a long-term settlement/licensing agreement with a major software provider. The advice included coordinating litigation efforts in the Netherlands.
  • Advised mobile Health AG in all IP related matters regarding Consilium Care™, an electronic Patient Reported Outcomes (ePRO) SaaS system (in particular trademarks, online-branding and further related, TMC-matters).
  • Advised Designwerk Technologies AG a fast growing provider of e-trucks, battery backs and charging devices in trademark and design protection matters as well as IP protection in the framework of commercial agreements.

Switzerland > Leading firms: French-speaking Switzerland Tier 3

Lauded for its ‘quality of people, technical skills (especially in tax matters), good contacts with local authorities and international network’, CMS‘ team covers a broad array of practice areas and also work with teams in other jurisdictions. The Geneva team, which is led by Pascal Favre, has strengths in dispute resolution, competition, tax and sports law as well as corporate matters and M&A transactions. The key figures are Christian Lüscher, Olivier Carrard, Andrio Orler and Pierre Ducret.

Practice head(s):

Testimonials

‘1) Understanding of the law, the lawsuit and its processes; 2) capacity to produce in a short notice an impressive volume of data and jurisprudence; 3) quality and depth of arguments provided.’

‘Building up the pertinent level of confidence momentum in the mind of the customer and keeping it alive through lengthy lawsuits.’

‘Quality of people, technical skills (especially in tax matters), good contacts with local authorities and international network.’

‘The tax advisors and tax lawyers I am often working with are definitely outstanding in terms of know-how, creativity in problem solving and knowledge of local practices and people. They are also excellent in terms of reactivity and proactivity.’

Key clients

Socar Energy Limited GmbH

ARM Swiss Representatives SA

The Permanent Committee of the Geneva International Motorshow

S2F Groupe Partnaire SA

BeeMed SA

Banque Cantonale de Genève

Court of Arbitration for Sport (CAS)

China Development Bank

Work highlights

  • Represented Socar Energy Limited GmbH, the Swiss branch of SOCAR, in two consecutive M&A transactions, the first of which involved the sale of Deville Mazout to Tamoil SA and the second – that of the corporation’s LPG business in Switzerland to the Swiss subsidiary of UGI Corporation.
  • Advised the shareholders of ASR on their sale of 100 % interest in ASR to the APEX Group.
  • Advised the Hachette Group (Diffulivre SA), a member of the French Lagardère Group, on an alleged ban on parallel imports in the market for French-language books.

Switzerland > Private client Tier 3

CMS is particularly renowned for its matrimonial property, estate and succession planning practice as well as its practice in related disputes, including trust litigation. The team provides ‘comprehensive advice of extremely high quality‘ on matters such as post-nuptial agreements, succession instruments and tax structuring all while having ‘a very personal way of dealing with clients‘. Tobias Somary, who heads the Zurich team, is ‘excellent in inheritance law‘ and has an ‘ability to relate to clients‘ that ‘is second to none‘. Pierre Ducret leads the Geneva office and specialises in litigation and arbitration matters as well as inheritance law.

Practice head(s):

Testimonials

‘Tobias Somary (CMS Zurich) is an excellent private clients lawyer. He has high competence in inheritance law, is a dealmaker and also excellent with people. Sarah Busca Bonvin (CMS Geneva) is an excellent tax advisor. She is also very good with clients.’

‘Despite being in a large firm, they have a very personal way of dealing with clients.’

‘Tobias Somary is a star on the Zurich estate planning scene.’

‘They provide comprehensive advice of extremely high quality. I particularly value their practical approach and responsiveness. They work with their clients to find a solution that will work for them in the long-term. They are truly international in their outlook – they have a wide awareness of the law outside Switzerland and how it interacts with the Swiss affairs of their clients.’

‘Tobias Somary and his team are excellent in inheritance law. They have in-depth knowledge, and are able to advise on complex cross-border cases.’

‘Tobias Somary is a first class advisor.’

‘Tobias Somary is outstanding and gives clear advice. There are very few lawyers who are able to give a recommendation with such clarity which is based on combination of technical expertise and practical experience. His ability to relate to clients is second to none. Tobias is ably assisted by Louise Lutz Sciamanna who is equally impressive and if she continues on the same path as Tobias will be a go-to person as well. Very impressive.’

Switzerland > Public law Tier 3

CMS‘ public law team acts for a broad variety of clients, including multinationals, national public and governmental institutions as well as publicly held companies. The group’s wide sector scope includes the energy, hospitality, healthcare, postal services, telecommunications and public transport sectors. The team advises on a variety of public law and related issues, including matters pertaining to competition law for example, and is particularly strong in public procurement. Practice head Marquard Christen is noted for his ‘responsiveness, pragmatism, experience‘.

Practice head(s):

Testimonials

‘Perfect size (not too big, not too small).’

‘Christen Marquard: Business acumen, responsiveness, pragmatism, experience.’

‘It was really good, they were getting all the needed expertise to our case and were able to get us what we needed in a really short time.’

‘Outstanding know-how, excellent strategic approach to cases, brilliant output.’

Key clients

TeamWork Schweiz AG

Moderna

Bayer (Schweiz) AG

Lilly Deutschland GmbH

LivaNova Switzerland SA

Synlab Suisse SA

Synlab International GmbH

Kieser Training AG

Burger King Europe GmbH No

AEW Energie AG

Work highlights

  • Advised Moderna on negotiations with the European Commission on the contract for the purchase of COVID-19 vaccines.
  • Regularly advised and represented TeamWork Schweiz AG in public procurement procedures in Switzerland.
  • Advised AEW Energie AG on various public procurement proceedings in the energy and IT sector.

Switzerland > Sports law Tier 3

Switzerland > TMT Tier 3

CMS‘ key strengths are IT procurement and sourcing, fintech, electronic health and insurtech, digital transformation and software matters as well as data privacy and protection. The practice is headed by ‘outstanding professionalDirk Spacek, who is experienced in IT technology matters, such as cloud computing, e-commerce and artificial intelligence and is lauded for ‘providing tactical and strategic guidance as well as a legal opinion‘. Alain Raemy has a focus on corporate transactions and competition law. Tina Balzli joined as partner from PwC Switzerland in July 2021.

Practice head(s):

Other key lawyers:

Testimonials

‘The collaboration was excellent. Dirk Spacek essentially became a member of our team, providing tactical and strategic guidance as well as a legal opinion.’

‘Competent, hard-Working, focused Lawyers. Commitment to Quality, collegiality and esprit de corps, best-informed about new technologies.’

‘All data protection review or projects are set up in a way that is understandable for everyone. Other competitors speak only ‘law’ language.’

‘Well connected, exceptionally well prepared, always up to date. Straightforward communication.’

‘Dirk Spacek is an outstanding professional.’

‘Dirk Spacek: great know-how, good presentation of the facts.’

Key clients

Aon Schweiz AG

Commerzbank AG

Web 3.0 Foundation

Rutronik

Teamworks

All4Education GmbH

Mobile Health AG

nChain Group

Karl Vögele AG

GIA Informatik

Work highlights

  • Advised Aon Schweiz AG on a major software-licensing dispute and the contractual negotiation of a long-term settlement and licensing agreement,  including coordinating IT-litigation efforts in the Netherlands.
  • Advised Commerzbank AG on various data privacy and general data-related legal matters, in particular relating to the procurement and deployment of newest technologies.
  • Advised Mobile Health AG on an ongoing basis 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, including IP protection (including trade mark protection) and data protection matters, and the drafting of the necessary online-T&C’s and standard agreements with all involved parties.

Switzerland > Dispute resolution: arbitration Tier 4

CMS is active in the arbitration arena, acting as both counsel and arbitrator for a range of domestic and international clients. The team is particularly adept in proceedings relating to construction disputes, post-M&A issues, distribution contracts and joint ventures, and also has notable sector-based expertise. Philipp J Dickenmann and Christian Lüscher lead in Zurich and Geneva respectively, Pierre Ducret and Olivier Carrard handle sports arbitrations, Niklaus Zaugg has acted in construction and banking claims, and managing partner Jodok Wicki excels in insurance work.

Testimonials

‘The team is well equipped with lawyers on different levels without compromising the consistent availability of partner review and contact.’

‘The group stands out for 1) Understanding of the law, the lawsuit and its processes; 2) capacity to produce at short notice an impressive volume of data and jurisprudence; 3) quality and depth of arguments provided. All this gives the opportunity to present conclusions in an elegant manner which tries to convince the judge instead of throwing allegations with the objective of destabilising the opposite party.’

‘Despite being managing partner, Jodok Wicki was always available and had a very good grasp of the intricacies of the matters we worked on. He is very sharp, attentive, relentless in cross-examination, and his skills are outstanding.’

Key clients

MET Gas and Energy Marketing Ltd

Atos AG, Zurich, Switzerland

China Development Bank

Credit Suisse AG/Credit Suisse (Schweiz) AG

Work highlights

  • Represented MET Gas and Energy Marketing Ltd in an ICC Arbitration and the subsequent enforcement of the award.
  • Acting as arbitrator in a dispute arising from the termination of a contract. The respondent claims that it was entitled to terminate the contract because of a force majeure situation as a result of the Covid-19 pandemic.
  • Acting in an arbitration relating to a request for price increases raised by the opposing party against the client. Also representing the client in a successful emergency arbitration to prevent suspension of deliveries, as well as in subsequent main proceedings.

Switzerland > Insolvency and corporate recovery Tier 4

The team at CMS is regularly involved in matters of debt enforcement, bankruptcy and restructuring-related proceedings before Swiss authorities and courts. Beyond that, the practice also advises Swiss companies as well as domestic and foreign financial creditors on restructuring and reorganisation matters. Embedded in an international network, the practitioners are frequently sought after as Swiss counsel in multi-jurisdictional cases. Olivier Carrard has experience in dispute resolution and leads the practice together with the ‘highly articulate and responsiveReto Hunsperger.

Other key lawyers:

Testimonials

‘Reto Hunsperger and his team are responsive, extremely competent and have a thorough and practical approach of the cases.’

‘Reto Hunsperger is highly articulate and responsive. You always get a response and the right one.’

‘Good availability at short term; efficient approach.’

Key clients

Swiss ancillary insolvency estate of Manfred Schmider

MET Gas and Energy Marketing Ltd.

Work highlights

  • Representing the ancillary insolvency estate of the mastermind of the FlowTex-fraud in a multi-million claw-back litigation, related enforcement proceedings and proceedings for interim relief (various freezing orders).
  • Assisting MET Gas and Energy Marketing Ltd with the enforcement of an arbitral award issued under the ICC Rules with parallel freezing of assets of the counterparty in Switzerland.

Switzerland > Tax Tier 4

CMS acts for private, public, institutional and non-profit clients on Swiss and international tax planning, corporate tax, cross-border migrations and restructuring. The group also has experience in representing clients in tax litigation. Another pillar is advising high-net-worth individuals and families on tax issues, including wealth structuring and estate planning. Andrio Orler and Mark Cagienard head up the practice, which also includes David Hürlimann and Sarah Busca Bonvin.

Practice head(s):

Testimonials

‘The team tax at CMS Geneva is definitely one of the best in Switzerland: outstanding competence and know-how.’

‘Outstanding know-how and expertise in tax matters and especially the fact that they are usually extremely proactive and creative in finding solutions to complex tax situations etc.’

‘They have profound expertise and experience. They are easy to work with and always deliver on time.’

‘Mark Cagienard is very smart, easy to work with and provides brilliant tax advice.’

‘CMS’s corporate law practice group is our preferred partner. CMS offers seamless access to a broad and internationally available range of services.’

‘Mark Cagienard is a certified tax expert and attorney-at-law. This rare skillset allows for efficient and creative solutions. Mark and his team are pragmatic, helpful and knowledgable.’

Key clients

nChain Group

Agta record

LafargeHolcim

Renaissance Anlagestiftung

CCC Group

Work highlights

  • Advised nChain group on the relocation of the core group from Antigua to Switzerland and setting up the tax-efficient investor structure.
  • Advised the CCC group, a listed company in the shoe industry, on the tax aspects of the restructuring and sale of Karl Vögele.
  • Advising SICPA Group on the tax implications of a major real estate project.

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.

DepartmentNameEmailTelephone
Dispute Resolution Max Albersmax.albers@cms-vep.com+41 44 285 11 11
Employment & Pensions Christian Gersbachchristian.gersbach@cms-vep.com+41 44 285 11 11
Commercial Reto Hunspergerreto.hunsperger@cms-vep.com+41 44 285 11 11
Energy Alain Raemyalain.raemy@cms-vep.com+41 44 285 11 11
Funds Dr Andre E Lebrechtandre.lebrecht@cms-vep.com+41 44 285 11 11
Corporate/M&A Stefan Brunnschweilerstefan.brunnschweiler@cms-vep.com+41 44 285 11 11
Corporate/M&A, Antitrust and EU Dr Pascal G Favrepascal.favre@cms-vep.com+41 22 311 00 10
Insolvency and corporate recovery Dr Marjolaine Jakobmarjolaine.jakob@cms-vep.com+41 44 285 11 11
Intellectual property Dr Dirk Spacekdirk.spacek@cms-vep.com+41 44 285 11 11
Hotels and leisure Dr Sibylle Schnydersibylle.schnyder@cms-vep.com+41 44 285 11 11
Real estate and construction Dr Stefan Gersterstefan.gerster@cms-vep.com+41 44 285 11 11
Real estate and construction Olivier Carrardolivier.carrard@cms-vep.com+41 22 311 00 10
Banking & finance, Infrastructure and projects Dr Kaspar Landoltkaspar.landolt@cms-vep.com+41 44 285 11 11
Antitrust and EU, Life Sciences Dr Patrick Sommerpatrick.sommer@cms-vep.com+41 44 285 11 11
Private equity Dr Stephan Werlenstephan.werlen@cms-vep.com+41 44 285 11 11
Private clients Tobias Somarytobias.somary@cms-vep.com+41 44 285 11 11
Litigation and arbitration Philipp Dickenmannphilipp.dickenmann@cms-vep.com+41 44 285 11 11
Litigation and arbitration Christian Lüscherchristian.luescher@cms-vep.com+41 22 311 00 10
Tax David Hürlimanndavid.huerlimann@cms-vep.com+41 44 285 11 11
Tax Andrio Orlerandrio.orler@cms-vep.com+41 22 311 00 10
TMC – technology, media and communications Dr Dirk Spacekdirk.spacek@cms-vep.com+41 44 285 11 11
Public procurement Marquard Christenmarquard.christen@cms-vep.com+41 44 285 11 11
Insurance Dr Jodok Wickijodok.wicki@cms-vep.com+41 44 285 11 11
Dispute Resolution Daniel Kinzerdaniel.kinzer@cms-vep.com+41 22 311 00 10
Tax Sarah Busca Bonvinsarah.busca-bonvin@cms-vep.com+41 22 311 00 10
Tax Mark Cagienardmark.cagienard@cms-vep.com+41 44 285 11 11
PhotoNamePositionProfile
Max Albers photoDr Max AlbersPartner
Tina Balzli photoMs Tina BalzliPartner – Head of Fintech & Blockchain Tina Balzli specializes in banking, insurance,…
Simone Brauchbar Birkhäuser photoDr Simone Brauchbar BirkhäuserCounsel Simone Brauchbar Birkhäuser advises and represents clients in connection with contentious…
Stefan Brunnschweiler photoMr Stefan BrunnschweilerManaging Partner
Mark Cagienard photoMr Mark CagienardPartner
Marquard Christen photoMr Marquard ChristenPartner
Philipp J Dickenmann photoMr Philipp J DickenmannPartner
Dominique Lea Gemperli photoMs Dominique Lea GemperliCounsel
Christian Gersbach photoMr Christian GersbachPartner
Stefan Gerster photoDr iur Stefan GersterPartner
Reto Hunsperger photoMr Reto HunspergerPartner
David Hürlimann photoMr David HürlimannManaging Partner
Marjolaine Jakob photoDr Marjolaine JakobPartner | Head of Insolvency and Restructuring Zurich
Daniel Jenny photoDr Daniel JennyPartner
Matthias Kuert photoDr Matthias KuertAssociate
Kaspar Landolt photoDr Kaspar LandoltPartner
Bernhard Lötscher photoMr Bernhard LötscherPartner
Louise Lutz Sciamanna photoMs Louise Lutz SciamannaCounsel
Alain Raemy photoMr Alain RaemyPartner
Sibylle Schnyder photoDr iur Sibylle SchnyderPartner
Tobias Somary photoMr Tobias SomaryPartner
Patrick Sommer photoDr Patrick SommerPartner
Dirk Spacek photoDr Dirk SpacekPartner
Stephan Werlen photoDr iur Stephan WerlenPartner
Jodok Wicki photoDr iur Jodok WickiPartner
Niklaus Zaugg photoDr iur Niklaus ZauggPartner
Thomas Zweifel photoMr Thomas ZweifelAssociate Thomas Zweifel focuses on advising and supporting national and international clients…
Number of lawyers : >90
at this office : 65
worldwide : >5'000
German
French
English
Italian
Spanish
Russian
Dutch
Norwegian
Korean
Japanese
World Law Group
Contacts : Stefan Brunnschweiler, Managing Partner Zurich
Contacts : Pascal Favre, Managing Partner Geneva
Other offices : Aberdeen
Other offices : Algiers
Other offices : Amsterdam
Other offices : Antwerp
Other offices : Barcelona
Other offices : Beijing
Other offices : Belgrade
Other offices : Berlin
Other offices : Bogota
Other offices : Bratislava
Other offices : Bristol
Other offices : Brussels
Other offices : Bucharest
Other offices : Budapest
Other offices : Casablanca
Other offices : Cologne
Other offices : Dubai
Other offices : Dusseldorf
Other offices : Edinburgh
Other offices : Frankfurt
Other offices : Funchal
Other offices : Geneva
Other offices : Glasgow
Other offices : Hamburg
Other offices : Hong Kong
Other offices : Istanbul
Other offices : Johannesburg
Other offices : Kyiv
Other offices : Leipzig
Other offices : Lima
Other offices : Lisbon
Other offices : Ljubljana
Other offices : London
Other offices : Luanda
Other offices : Luxembourg
Other offices : Lyon
Other offices : Madrid
Other offices : Mexico City
Other offices : Milan
Other offices : Mombasa
Other offices : Monaco
Other offices : Moscow
Other offices : Munich
Other offices : Muscat
Other offices : Paris
Other offices : Podgorica
Other offices : Poznan
Other offices : Prague
Other offices : Reading
Other offices : Rio de Janeiro
Other offices : Riyadh
Other offices : Rome
Other offices : Santiago de Chile
Other offices : Sarajevo
Other offices : Seville
Other offices : Sheffield
Other offices : Singapore
Other offices : Skopje
Other offices : Sofia
Other offices : Strasbourg
Other offices : Stuttgart
Other offices : Tehran
Other offices : Tirana
Other offices : Utrecht
Other offices : Vienna
Other offices : Warsaw
Other offices : Zagreb
Other offices : Zurich
CMS locations : CMS has 77 offices in 43 countries around the world

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’ 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, lifesciences, 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, Novelis Inc., Pfizer, Porsche, Rieter, Schaeffler Schweiz, Sunrise, and Swisscard AECS.

DepartmentNameEmailTelephone
Employment and pensions Christian Gersbach
Banking and finance Dr Kaspar Landolt
Commercial Reto Hunsperger
Energy Alain Raemy
Funds Dr Andre E Lebrecht
Corporate/M&A Stefan Brunnschweiler
Corporate/M&A Dr Pascal G Favre
Intellectual property Dr Dirk Spacek
Hotels and leisure Dr Sibylle Schnyder
Real estate and construction Dr Stefan Gerster
Real estate and construction Olivier Carrard
Infrastructure and projects Dr Kaspar Landolt
Antitrust and EU Dr Patrick Sommer
Antitrust and EU Dr Pascal G Favre
Consumer goods Stefan Brunnschweiler
Life sciences Dr Patrick Sommer
Private equity Dr Stephan Werlen
Private equity Alain Raemy
Private clients Tobias Somary
Private clients Philippe A Grumbach
Litigation and arbitration Philipp Dickenmann
Litigation and arbitration Christian Lüscher
Tax David Hürlimann
Tax Andrio Orler
TMC – technology, media and communications Dr Dirk Spacek
Public procurement Marquard Christen
Insurance Dr Jodok Wicki
Number of lawyers : 96
at this office : 65
worldwide : >4,800
French
English
Italian
German
World Law Group
Contacts : Jodok Wicki, managing partner
Contacts : Olivier Carrard, partner, head Geneva office
Other offices : Aberdeen
Other offices : Algiers
Other offices : Amsterdam
Other offices : Antwerp
Other offices : Barcelona
Other offices : Beijing
Other offices : Belgrade
Other offices : Berlin
Other offices : Bogota
Other offices : Bratislava
Other offices : Bristol
Other offices : Brussels
Other offices : Bucharest
Other offices : Budapest
Other offices : Casablanca
Other offices : Cologne
Other offices : Dubai
Other offices : Dusseldorf
Other offices : Edinburgh
Other offices : Frankfurt
Other offices : Funchal
Other offices : Geneva
Other offices : Glasgow
Other offices : Hamburg
Other offices : Hong Kong
Other offices : Istanbul
Other offices : Johannesburg
Other offices : Kyiv
Other offices : Leipzig
Other offices : Lima
Other offices : Lisbon
Other offices : Ljubljana
Other offices : London
Other offices : Luanda
Other offices : Luxembourg
Other offices : Lyon
Other offices : Madrid
Other offices : Mexico City
Other offices : Milan
Other offices : Mombasa
Other offices : Monaco
Other offices : Moscow
Other offices : Munich
Other offices : Muscat
Other offices : Paris
Other offices : Podgorica
Other offices : Poznan
Other offices : Prague
Other offices : Reading
Other offices : Rio de Janeiro
Other offices : Riyadh
Other offices : Rome
Other offices : Santiago de Chile
Other offices : Sarajevo
Other offices : Seville
Other offices : Sheffield
Other offices : Singapore
Other offices : Skopje
Other offices : Sofia
Other offices : Strasbourg
Other offices : Stuttgart
Other offices : Tirana
Other offices : Utrecht
Other offices : Vienna
Other offices : Warsaw
Other offices : Zagreb
Other offices : Zurich
CMS locations : CMS has 75 offices in 43 countries around the world