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FROM THE BLOG

Froriep Blog Posts for Topic Litigation

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Marcel C. Steinegger

Marcel has over 20 years of litigation and trail experience in a variety of mainly international but also domestic commercial and corporate cases including representing individuals and companies in regulatory enforcement proceedings. His practice also includes representing clients in criminal matters, mainly white-collar crime cases. He has in-depth experiences in cross-border litigation and international judicial assistance issues in civil and criminal matters, particularly in asset recovery, repatriation of assets and being expert in foreign proceedings. Many of Marcel's clients have required his assistance regarding compliance, particularly anti-corruption and anti-money laundering issues, and other corporate, commercial or regulatory concerns. Long-term mandates as a board member including one of a bank provide him with the practical experiences on strategical and entrepreneurial topics. Marcel has been a partner since 2001 and obtained his law degree from the University of Zurich in 1988 and his post-graduate degree from the University of San Diego (LLM) in 1998. His working languages are German and English. Marcel is a member of the Zurich Bar Association.

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Dunja Koch

Dunja Koch has expertise in all aspects of corporate and finance law, advising mainly UK and US clients with regard to Switzerland. She is the managing partner of the London office. She joined the firm in 1998 and became a partner in 2003. She regularly works on corporate and M&A deals, as well as leveraged and acquisition finance transactions, but also project, commodity and asset finance matters, including aircraft finance. Here, she acts on behalf of aircraft manufacturers, banks and leasing companies in relation to the Swiss aspects of acquisition of aircraft and engines. Her practice further covers regulatory matters, where she advises asset managers, funds, securities dealers and other financial institutions in relation to their cross-border activities in Switzerland. The Legal 500 United Kingdom 2018 recommended her as a top foreign lawyer in London. Chambers Global (2019) ranked her as leader in the fields of Banking & Finance (Switzerland) and Banking & Finance (UK). She was also specifically recommended in the 2018 edition of the Legal 500 EMEA for Transport Law matters and named one of IFLR1000’s Women Leaders- an elite cohort of the 300 leading female transactional experts in local markets globally. She is the only practitioner from Switzerland to be featured in the guide. Dunja Koch holds a law degree from the University of Zurich and a LL.M. from Queen Mary, University of London. She qualified in Geneva in 1997 and in England and Wales in 1999. She speaks German, French, English and Italian. She is registered on the roll of attorneys in Zurich and a member of the International Bar Association (IBA), Association Suisse de Droit Aérien et Spatial and the Aviation Club of the UK.

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Andrea Trost

Andrea Trost's practice focuses on banking & finance and on corporate and commercial transactions. She also advises on employment law and data protection matters. She joined our London office as an associate in 2017. Prior to joining Froriep she trained with a business law firm in Zurich and worked in the compliance department of a commercial bank. She graduated from the University of Zurich and earned an LL.M. in international finance law from King's College London in 2015. She was admitted to the Zurich bar in 2017 and qualified as a solicitor in England and Wales in 2019. Her working languages are German and English and she has a good command of French.

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The impact of Brexit on the enforcement of English judgments in Switzerland

Posted by on 7 March 2019

The 2007 Lugano Convention on the Recognition and Enforcement of Judgments in Civil and Commercial Matters currently forms the basis for the reciprocal enforcement of judgments between the member states of the European Union and three countries of the European Free Trade Association (EFTA) (Switzerland, Norway and Iceland). The Lugano Convention is in essence the equivalent of the Brussels I Regulation of 2001.

Topics: Litigation

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Sabina Schellenberg

Sabina Schellenberg joined our firm as an associate in 2009 and became a partner in 2016. She is an experienced litigator and represents domestic and foreign companies and individuals in commercial disputes before state courts of all instances and in enforcement and legal assistance matters. She is also a specialist in the fields of directors' and officers' liability law and national and international restructuring and insolvency law. After her studies at the University of Zurich, Sabina worked as a law clerk at the District Court of Zurich and was admitted to the bar in 2006. Prior to joining Froriep she was with the restructuring and insolvency department of a leading audit firm in Zurich and Basel. Sabina is a member of INSOL Europe, the International Bar Association, the Swiss SchKG Association and the Zurich Bar Association. Her working languages are German and English.

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Yannik Hässig

Yannik Hässig's practice focuses on international and domestic commercial litigation and arbitration as well as national and cross-border insolvency and restructuring law. Before joining Froriep, Yannik Hässig was a junior associate with a business law firm in Zurich and worked at the district court of Hinwil. Yannik Hässig studied at the University of Lucerne and graduated with a Master of Law in 2015. He was admitted to the Bar in 2018. His working languages are German and English.

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The new Swiss international insolvency law - How does it affect foreign insolvency practitioners?

Posted by on 5 March 2019

On 1 January 2019, the revised Section of the Swiss Private International Law Act (PILA) regarding cross-border insolvencies entered into force. The revision became necessary as the previous regulation was criticised in particular for its protectionist elements, which also were a recurring topic in discussions with foreign colleagues and insolvency practitioners. Particularly compared to other European countries, Switzerland had apparent modernisation potential.

Topics: Insolvency & Restructuring , Litigation

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Oliver Arter

Oliver Arter’s practice focuses on private clients and their advisers (banks, family offices, foreign advisers) in all aspects of domestic and international wealth planning. He also specialises in banking, asset management and regulatory matters. Oliver became of counsel in June 2009. His work involves representing and advising private clients on the structuring of assets (trusts, foundations, international business corporations), domestic and international estate planning, division of estates, execution of wills, matrimonial property rights, advance care directives and living wills, taking up residence and taxation. In addition he advises Swiss and international banks, asset managers, investment advisers and family offices on regulatory and contractual matters and represents them in proceedings. He publishes extensively in all his fields of practice. Oliver is an academic consultant with the Institute for Legal Theory and Legal Practice at the University of St Gallen, and is frequently invited to give lectures and chair conferences. Oliver Arter graduated with a law degree from the University of St Gallen in 1996 and was admitted to the Zurich Bar in 2000. His working languages are German, English and French. He is a member of the Zurich Bar Association, the Swiss Bar Association, the Society of Trust and Estate Practitioners (STEP), the International Tax Planning Association (ITPA) and the Banking Law Association (“Bankenrechtliche Vereinigung e.V.”). Chambers Global, Chambers Europe, Chambers High Net Worth and Legal500 have ranked him for many years in a row as a leader in the field of private client.

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Daisy Vacher

Daisy Vacher's work focuses on matters of Swiss immigration and the procurement of work permits for companies wanting to employ foreign nationals in Switzerland. Before joining Froriep as an attorney, Daisy Vacher spent three years working for Fragomen Global Immigration Services in Zurich. Before that she was an associate attorney with Izaguirre Law in Colorado Springs, USA. In 2006 she completed her Bachelor of Arts at the University of Arizona followed by her Juris Doctor degree from the Sturm College of Law at the University of Denver in 2011. Later that same year she was admitted to the Colorado Bar. She is a native English speaker and has a good command of German, Spanish, French and Italian.

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Investment Advisory Contracts

Posted by on 16 August 2018

On 16 April 2018 (4A_586/2017), the Swiss Federal Supreme Court issued a decision regarding investment advice. This judgment provides us with the opportunity to present some key aspects of investment advisory contracts.

Topics: Private Clients , Banking & Finance , Litigation

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Dr. Lucien W. Valloni

Lucien is a highly experienced litigator in both international and domestic criminal, commercial and arbitration cases in the Swiss courts, up to the Swiss Federal Supreme Court level. Lucien is well known for his expertise in the field of appealing arbitration awards to the Swiss Federal Supreme Court. Lucien assists damaged civil parties in criminal proceedings and he is active in relation to the enforcement of foreign judgements as well as in big complex cross boarder litigation including protection and recovery of funds, including enforcement of state debts. Lucien is also one of the best-known sports lawyers in Switzerland, with extensive experience in sports litigation on various bodies of sports organisations as well as in sports arbitration at the Court of Arbitration for Sport in Lausanne. Lucien has been a partner at our Zurich office since 2005. He has represented domestic and international clients in numerous high-profile cases in various fields and courts up to the Swiss Federal Supreme Court. He advises clients on commercial, employment, entertainment and media, insurance, real estate, aviation and international enforcement matters. Lucien has published textbooks on litigation and sports law in Switzerland and lectures widely.He obtained his law degree from the University of Zurich in 1990 and gained a PhD from the Faculty of Law of the University of Zurich in 1998 with a thesis on the jurisdiction of courts at the place of performance of an obligation under the Lugano and Brussels Conventions. (He graduated with the distinction summa cum laude and the Professor Walther Hug-Preis Schweiz, awarded for outstanding theses graded with the highest possible mark by a Swiss law school.) He has worked as a law clerk at the District Court of Zurich, the Court of Appeal of the Canton of Zurich and at the Court of Cassation of the Canton of Zurich. His working languages are German, English, Italian and French.Lucien is a member of the Zurich Bar Association, the Swiss Bar Association and the Swiss Arbitration Association (ASA). He is, president of the Swiss Association of Football Players (SAFP) and president of the World Association of Icehockey Players’ Unions (WAIPU) as well as a Member of the Association Internationale des Avocats de Football (AIAF). He is a board member of FIFPro (Fédération Internationale des Associations de Footballeurs Professionnels) and FIFPro Division Europe, and member of the Employment Law Alliance, the Associazione Internazionale Giuristi di Lingua Italiana (AIGLI) and the Swiss-Italian Chamber of Commerce (Camera di Commercio Italiana per la Svizzera). Lucien is a lecturer at the Paris-Sorbonne University in Abu Dhabi.

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Forum Running in the area of action for a negative declaratory judgement finally also a valid option for plaintiffs in switzerland

Posted by on 12 April 2018

For companies domiciled in Switzerland or other parties wishing to avert an impending lawsuit abroad in Switzerland or before Swiss courts, the option of action for a negative declaratory judgement is now available as a valid option, at least in international cases.

Topics: Litigation

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Sabina Schellenberg

Sabina Schellenberg joined our firm as an associate in 2009 and became a partner in 2016. She is an experienced litigator and represents domestic and foreign companies and individuals in commercial disputes before state courts of all instances and in enforcement and legal assistance matters. She is also a specialist in the fields of directors' and officers' liability law and national and international restructuring and insolvency law. After her studies at the University of Zurich, Sabina worked as a law clerk at the District Court of Zurich and was admitted to the bar in 2006. Prior to joining Froriep she was with the restructuring and insolvency department of a leading audit firm in Zurich and Basel. Sabina is a member of INSOL Europe, the International Bar Association, the Swiss SchKG Association and the Zurich Bar Association. Her working languages are German and English.

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Patrick Dietrich

Patrick Dietrich’s practice focuses on international and domestic commercial litigation as well as national and cross-border insolvency and restructuring law. Before joining Froriep, he worked as law clerk at the district court of Dietikon and was chairman of the rental conciliation authority of the district of Dietikon. Patrick Dietrich studied at the University of Zurich and graduated with a Master of Laws in 2013. He was admitted to the Bar in 2017. His working languages are German and English.

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How high will my dividend be in insolvency proceedings?

Posted by on 3 April 2018

The opening of insolvency or debt-restructuring proceedings can lead to considerable uncertainties for the parties involved. Employees want to know whether they receive their wages, social security funds are interested in getting paid all outstanding contributions; all creditors of the company would like to receive clarity about the dividend they are entitled to and other interested persons may want to know who the creditors of the company are. In any case, the parties involved have one thing in common: they are all interested in information about the company and the status of the insolvency or debt-restructuring proceedings. The question is how to get the relevant information.

Topics: Insolvency & Restructuring , Litigation

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