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FROM THE BLOG

Froriep Blog Posts for Topic Litigation

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Dr. Lucien W. Valloni

Lucien is a highly experienced litigator in both international and domestic commercial and arbitration cases in the Swiss courts, up to the Swiss Federal Supreme Court level. 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 published textbooks on litigation and sports law in Switzerland and lectures Sports Law at the University of Zurich and at the Paris-Sorbonne University Abu Dhabi. Lucien has been a partner at our Zurich office since 2005. He has represented domestic and international clients in numerous high-profile cases in all fields and courts up to the Swiss Federal Supreme Court. He also advises clients on commercial, employment, entertainment and media, insurance, real estate, aviation and international enforcement matters, including the recovery and enforcement of state debts.

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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 Apr 12, 2018 3:32:00 PM

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 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 national and international restructuring and insolvency law. She joined our firm as an associate in 2009 and became a Partner in 2016.

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Patrick Dietrich

Patrick’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 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 Apr 3, 2018 3:27:00 PM

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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Dr. Lucien W. Valloni

Lucien is a highly experienced litigator in both international and domestic commercial and arbitration cases in the Swiss courts, up to the Swiss Federal Supreme Court level. 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 published textbooks on litigation and sports law in Switzerland and lectures Sports Law at the University of Zurich and at the Paris-Sorbonne University Abu Dhabi. Lucien has been a partner at our Zurich office since 2005. He has represented domestic and international clients in numerous high-profile cases in all fields and courts up to the Swiss Federal Supreme Court. He also advises clients on commercial, employment, entertainment and media, insurance, real estate, aviation and international enforcement matters, including the recovery and enforcement of state debts.

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Davide Colacino

Davide specialises in domestic and international arbitration and litigation. He joined Froriep as an associate in 2017. His main areas of practice include international and domestic arbitration as well as commercial litigation. Davide holds a degree in law from the University of Zurich and Maastricht University. He was a visiting doctoral research student at Queen Mary University of London (Centre for Commercial Law Studies) and is currently a Ph.D. candidate at the University of Lucerne. Prior to joining Froriep, he worked as a research and teaching assistant to Prof. Dr. Daniel Girsberger, LL.M. at the University of Lucerne, where he contributed to the complete overhaul of a leading textbook on international arbitration. Before he was admitted to the bar in 2014 he trained at a civil court of first instance and another leading law firm in Zurich. He is a member of several professional associations including the Swiss Arbitration Association (ASA) below 40, the Young Arbitrators Forum (YAF) of the International Chamber of Commerce (ICC), the Young International Council for Commercial Arbitration (Young ICCA), the Swiss Bar Association (SAV) and the Zurich Bar Association (ZAV). His working languages are German and English. He also has a good command of Italian.

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CAS decision overturned by the Swiss Federal Supreme Court

Posted by on Feb 26, 2018 4:54:40 PM

Extraordinary victory for football player Ezequiel Matias Schelotto achieved. 

Dr. Lucien W. Valloni and Davide Colacino successfully represented the football player Ezeqiuel Matias Schelotto in a sports-related dispute against his former agent in relation to a transfer of the player to F.C. Internazionale Milan.

Topics: Arbitration , Litigation , Sports Law

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Oliver Arter

Oliver’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 joined Froriep as an associate in 2004 and became of counsel in June 2009. His work involves representing and advising private clients on the structuring of assets (trusts, foundations, international business corporations, international and domestic estate planning, matrimonial property rights 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 speak at or chair conferences.

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Daisy Vacher

Daisy'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 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 speaks fluent Spanish. She also has a good command of French and Italian, and speaks intermediate-level German.

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Swiss Bank Accounts - Who has to bear the Damage resulting from Fraudulent Transactions of Hackers?

Posted by on Nov 21, 2017 2:45:00 PM

Who is liable for the damage if a hacker succeeds in initiating fraudulent transactions on a Swiss bank account?

According to a judgement of the Swiss Federal Court, it was the bank which ultimately had to bear the loss (Swiss Federal Court, decision of 5 December 2016, 4A_386/2016). However, do not be too sure that this will always be the case. In comparable cases, it could also be that the bank customer is left bearing the damage caused by an unauthorised person.

Topics: Private Clients , Banking & Finance , Litigation

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Sabina Schellenberg

Sabina 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 national and international restructuring and insolvency law. She joined our firm as an associate in 2009 and became a Partner in 2016.

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Stéphanie Oneyser

Stéphanie's practice focuses on civil litigation matters and insolvency law. She joined our firm as an associate in April 2014. After obtaining a Master of Laws degree from the University of Fribourg in 2009, she did her legal internships with a business law firm in Zurich and the District Court of Horgen. Until 2014, she worked as a law clerk at the District Court of Horgen and passed the Zurich Bar Exam in 2013. Stéphanie has also experience in arbitration cases. She has worked for Prof. Pierre Tercier who was chairman of many ICC arbitration proceedings. Moreover, she advices in arbitration proceedings in sport law under the CAS Rules. Her working languages are German, English and French.

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What lawyers do not learn at university and what managers should know

Posted by on Feb 23, 2017 2:45:00 PM

Lawyers know the law, managers know how to make business decisions. Often, managers complain about the typical lawyers' answer "it depends". On the other hand, lawyers may suffer from the fact that they are sometimes called in the last minute of a negotiation to review the legal aspects of a deal; or even worse: if their legal assessment on the project is feared ("no"), they may even be avoided. How can both positions be reconciled? This is where contractual risk management comes in handy.

Topics: Litigation

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