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Related briefings

Data Protection & Cybersecurity

By Jurg Schneider, David Vasella, Hugh Reeves 1. Basic National Legal Regime 1.1 Laws On a federal level, the Swiss Constitution of 18 April 1999 protects the right to privacy, in particular the right to be protected against misuse of personal data (Article 13). The collection and use of personal data by private bodies are […]

Pharmaceutical advertising

By Andreas Wildi, Celine Weber 1. Regulatory Framework 1. 1 Laws and Self-regulatory Codes Advertising on medicines in Switzerland is mainly governed by the Federal Act on Medicinal Products and Medical Devices (HMG) and the Ordinance on Advertising of Medicinal Products (AWV), which has just been revised (the amended provisions came into force on 1 […]

Switzerland: Lending & secured finance

By Theodor Härtsch, Tervel Stoyanov 1. Do foreign lenders require a licence/regulatory approval to lend into your jurisdiction or take the benefit of security over assets located in your jurisdiction? Except in the area of consumer credit (subject to the Swiss Consumer Credit Act (SCCA) (Bundesgesetz über den Konsumkredit, KKG), lending activities are generally unregulated […]

Swiss Federal Supreme Court identifies weakest link

By Michael Feit, Lukas Fellmann Freezing of state-owned assets in Switzerland based on an arbitral award: beware that there is a sufficient link to the country. Switzerland’s Federal Supreme Court has recently rendered a leading decision on the issue of enforcing arbitral awards against stateowned assets located in Switzerland by which it specified its century-old […]

Illegal streaming: internet access providers not liable for third-party platforms

By Jürg Schneider, Christophe Gösken On 2 February 2019 the Federal Supreme Court ruled that internet access providers are not liable for third-party websites and portals that make movies available for illegal downloading or streaming. Further, internet access providers are not obliged to monitor or block access to such websites and portals. Facts The case […]

Latest Briefings

Trusts vs. Foundations: What are the deciding factors?

Trusts have been around for a long time. Their use in the context of succession and wealth planning as well as philanthropy is well established. Foundations, on the other hand, are relatively new (certainly to common law jurisdictions such as Jersey) and as a result there are fewer of them. However, they are being increasingly […]

Carlyle Capital Corporation Limited (in liquidation) and others v William Elias Conway Jr and others

By Simon Davies “However startling the history of [Carlyle Capital Corporation’s] short life appears at first sight, its failure was the result of circumstances beyond the control of any board of directors.  The Lieutenant Bailiff’s view was that the Appellants’ claim depended entirely on hindsight, and we agree with her.” A judgment handed down in April 2019 […]

Open calls for renewable energy sources announced

By Milos Vuckovic, Petar Mitrovic The Croatian Government is preparing open calls for renewable energy sources, based on the new incentive system with market premiums and guaranteed purchase prices. The aim is to have the open calls announced by the end of 2019. Currently, the Government and the Ministry of Environment and Energy are working on several by-laws, […]

Is it possible to force a buyer to pay in advance under the contract?

By Sergey Vakhrushev Usually, under the delivery contract, the parties agree on the terms about an advance payment for goods, such provision is aimed at protecting the supplier’s interests. However, the provision about an advance payment has negative impacts for a supplier. The provision about an advance payment results in uncertainty performed by a transaction, […]

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Slaughters puts its weight behind magic circle-backed tech solution

Slaughter and May is the latest firm to back a new “one-stop” tech solution for the legal industry, which has already attracted the likes of Clifford Chance and Latham & Watkins. The Lawyer has learned that Slaughters is joining a dozen other heavyweight firms in the support of a new start-up called Reynen Court, which aims to […]

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City duo secure lead mandates on HMV administration

Addleshaw Goddard and Howard Kennedy have been called in to act on the administration of HMV, after it struggled to scrape past Christmas and became the latest victim on the ailing high street. Addleshaws is advising administrators KPMG, led by business support and restructuring partners Fraser Ritson and Alison Goldthorpe. KPMG was confirmed as administrators […]

Hogan Lovells promotions sway in favour of Europe in 30-strong round

Hogan Lovells has made up six London associates to partner, in the first round since 2013 in which there have been more promotions in continental Europe than the US. The London lawyers are part of a class of 30 new partners that the firm has made up worldwide. The six include Katie Gill, a banking associate, […]

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Managing partners: These are the biggest challenges facing law firms today

The legal profession is facing an unprecedented level of change, bringing forth a lot of challenges but also opportunities for those open to grasping them, managing partners claim. Ahead of The Lawyer‘s annual Managing Partners Dinner (ask for more information here) we asked a few of the attending managing partners to share what they consider […]

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