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  • meyerlustenberger | lachenal - Details
    Events Prix MLL Disclaimer Sitemap News Events Prix MLL Global Competition Review GCR 100 features Christophe Rapin in 16th Edition Guide By Christophe Rapin Practice area Competition Antitrust and Trade Law Heading the competition practice at Meyerlustenberger Lachenal Christophe Rapin also chairs the Swiss association for competition law Based out of Geneva and Brussels he works with Zurich based Martin Ammann a partner with 24 years of Swiss and EU

    Original URL path: http://www.mll-legal.com/news-events/news/details/global-competition-review-gcr-100-features-christophe-rapin-in-16th-edition-guide/ (2016-04-26)
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  • meyerlustenberger | lachenal - Details
    Patricia Guerra s expertise in delivering outstanding private client legal services has again been recognized As stated by Citywealth Patricia Guerra is senior partner and head of private clients Zurich of the Swiss leading law firm Meyerlustenberger Lachenal She has substantial experience and expertise in the advice of high net worth individuals with regard to their international businesses and personal matters including wealth transfer and structures to hold large international

    Original URL path: http://www.mll-legal.com/news-events/news/details/leading-lawyer-patricia-guerra-is-one-of-the-most-important-women-in-wealth/ (2016-04-26)
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  • meyerlustenberger | lachenal - Details
    Corporate Law and Notarial Services Capital Markets Banking and Finance M A and Private Equity Competition Antitrust and Trade Law Thomas Lustenberger Christophe Rapin and Alexander Vogel partners at the law firm Meyerlustenberger Lachenal have been named Leading Lawyers 2016 by IFLR 1000 a recognized guide to the world s leading financial law firms Every year IFLR conducts research to recognize 7 000 outstanding lawyers in over 120 jurisdictions who

    Original URL path: http://www.mll-legal.com/news-events/news/details/iflr-1000-clients-nominate-leading-lawyers-2016/ (2016-04-26)
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  • meyerlustenberger | lachenal - News
    signed the Hague Agreement concerning the international registration of industrial design and models Hague Agreement From now on it will be possible to obtain with a single design registration at the WIPO in Geneva Peter Schramm Madoff case Claw Back Claim Read this article in French Practice area Private Clients 1 Decision of the Federal Tribunal of 21 February 2012The question as to whether a bank may object to the restitution of a client s assets within the context of the proceedings started in the US in the Bernard L Madoff matter had led to a decision of the Federal tribunal dated 22 February 2012 1 In that matter a bank which had been sued in the US by the Trustee of BLMIS was confronted with Bernard Lachenal No Federal Estate Tax Practice area Tax Law On Sunday 14 June 2015 the Swiss people voted clearly against the introduction of a federal estate tax Over 70 of the voting population and all cantons refused the initiative Switzerland expressed on this weekend that it will remain an attractive and legally stable jurisdiction The prevailing cantonal estate tax regulations remain in force which means that in most cantons no David Brönimann Expertise in Social Insurance Law Practice area Labour Law Labour Law Social Security and Immigration We congratulate Thomas Kälin on earning his Federal Diploma as a Qualified Expert in Social Insurance Only a handful of specialists are being awarded with this title each year Thomas Kälin is Switzerland s only attorney at law having achieved this success in 2015 Thomas Kälin Possibility for a Bank of being appointed Estate Executor Practice area Private Clients Swiss banks may propose to their clients to appoint the bank as their Estate Executor exécuteur testamentaire Willensvollstrecker after their passing away After a long standing relationship with the bank that has been granted the custody of the client s assets the latter might indeed accept such a proposal However this might trigger various problems and eventually cause numerous conflicts Julien Tron Agreement to negotiate in an Arbitration Clause Read this article in French Practice area Arbitration and Litigation The necessity of carefully drafting a dispute resolution clause is obvious Yet a recent decision of the English High Court of Justice reminds us again of the importance of not neglecting the wording of a dispute resolution clause when negotiating and drafting commercial contracts 1 Parties to commercial contracts often agree to negotiate before referring a claim to a tribunal The Léonard Stoyanov China Foreign Investment under Revision Practice area Competition Antitrust and Trade Law Substantial revisions to the body of PRC laws governing foreign investment in China are currently under way at the State Ministry of Commerce MOFCOM On January 19 2015 MOFCOM circulated the Foreign Investment Law of the People s Republic of China Draft for Public Comments Draft or Foreign Investment Law with an eye to promulgate this law next year or so In keeping with the PRC John Jean Christophe Liebeskind US Program and

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  • meyerlustenberger | lachenal - News
    Capital Markets Banking and Finance The Federal Council launched the consultation on the Federal Financial Services Act PD FFSA and the Financial Institutions Act PD FinIA on 27 June 2014 Both preliminary drafts are expected to be discussed by Parliament in 2015 in order to enter into force on 1 January 2017 The PD FFSA governs the conditions for providing financial services and offering financial instruments while the Reto Luthiger Contract termination under tenancy law beginning of period for filing notice of opposition or petition for extension use of obsolete form Read this article in German Practice area Real Estate and Rental Law The 30 day period for a tenant to file a notice of opposition or petition for extension following the termination of the rental contract starts running upon receipt of the termination notice Art 273 para 1 and 2 Swiss Code of Obligations OR The beginning of the period is determined by the date on which the tenant could have collected the termination notice sent by registered mail from the Heike Schulz Walter Häberling New EU practice regarding black and white marks impact on establishment of genuine use Read this article in German Practice area Trademarks Design Advertising Trademark owners are concerned about the Common Communication by the trademark offices of the EU states and the European Community Trademark Office published in spring 2014 regarding the scope of protection for marks registered in black and white or greyscale In Switzerland for genuine use to be established a registered mark can also be used in a form that does not deviate materially from the Stefan J Schröter Peter Schramm Switzerland Corporate Tax Reform in Consultation Process Read this article in German Practice area Tax Law In late September 2014 the Swiss Federal Council started the formal consultation process regarding draft legislation on a comprehensive reform of corporate taxation The legislative project was driven by international pressure exercised by international bodies such as the EU and the OECD The pressure mainly concerns certain cantonal tax regimes such as the holding company status and the mixed David Brönimann The Swiss fund legislation an overview on current developments Read this article in German Practice area Capital Markets Banking and Finance What happened within the last year since the widely discussed revision of the Federal Collective Investment Schemes Act CISA came into force and what developments will the fund industry be facing in the near future As EU Member States had to implement the Directive 2011 61 EU on Alternative Investment Fund Managers AIFM Directive into national law by 22 July 2013 EU asset managers could Ricardo Schlatter A recent decision of the European Court of Human Rights regarding the time limitation rules under Swiss law decision 069 2014 of 11 March 2014 Read this article in French Practice area Labour Law The case is that of a mechanic fitter who was exposed to asbestos in the course of different activities he carried out from 1965 until 1978 The technique of flocking asbestos

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  • meyerlustenberger | lachenal - News
    Parliament refused to ratify it judging its conditions as unacceptable July 2013 no later than Cosima Castan Julien Tron The Birthday Train case strengthening of copyrighted design protection in Germany Read this article in German Practice area Trademarks Design Advertising With the Birthday Train judgement the German Federal Court of Justice BGH distanced itself from the so called Stufentheorie applied for many decades and expanded the range of product designs that can be protected by copyright With the landmark Birthday Train judgement of 13 November 2013 file number I ZR 143 12 the Federal Court of Justice BGH changed its practice of judging the Peter Schramm Recovery of tax claims in the matter of the Multilateral Convention OECD and the Council of Europe on Mutual Administrative Assistance in Tax Matters Read this article in French Practice area Tax Law 1 Preliminary remarks The aim of the present note is to determine to what extent the provisions of the recovery of tax claims pursuant to the Multilateral Convention OECD and the Council of Europe on Mutual Administrative Assistance in Tax Matters dated 25 January 1988 and amended by the Protocol dated 27 May 2010 hereinafter the Convention will be directly applicable if the said Convention Jean Philippe Peissard Bernard Lachenal Trappy Non Disclosure Agreement Read this article in German Practice area Patents and Life Sciences Confidentiality agreements give an illusory feeling of security They are thought to be cheap and simple but often lead to expensive disputes In contrast to the timely registration of proprietary rights confidentiality agreements also cannot prevent the loss of valuable intellectual property There is hardly a new project where the parties do not conclude a confidentiality agreement or a Michael Ritscher Real Estate Legal Update Read this article in German Practice area Real Estate SIA standard 118 General Conditions for Construction Work new version Introduction As the legislator only gave very concise treatment to the work contract in the Swiss Code of Obligations parties in the construction sector often contractually agree to adopt a specific set of private standards to supplement the general rules governing the statutory contract for works and services In Christian Eichenberger Tax dispute between the United States and Swiss banks Read this article in German French Practice area Tax Law On May 29 2013 the Swiss government adopted a draft bill that aimed to put an end to the tax dispute between the United States and Swiss banks that have allegedly helped clients to avoid US taxes The draft bill the Federal Act on Measures to Facilitate the Resolution of the Tax Dispute between Swiss Banks and the United States Lex USA for the attention of the Federal Parliament intended Daphné Lebel The new Swissness legislation Read this article in German Practice area Trademarks Design Advertising After years of debate the Swiss parliament on 21 June 2013 passed the Swissness bill which will introduce important changes to the use of Swiss geographical indications The new rules apply for all signs and labels

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  • meyerlustenberger | lachenal - News
    for instance regarding the preservation of archives or the elimination of business reports for small and medium sized enterprises SMEs Application according to business size The Olivier P Dunant Amendment of the warranty rules for purchase and work contracts Read this article in French German On 1st January 2013 the new Articles 210 and 371 CO modifying the statute of limitation applicable to warranty claims for purchase and work contracts entered into force The revision brings three substantial modifications 1 Extension of the time limitation period for purchase and work contracts Any claim for breach of warranty of quality and fitness becomes time barred two years after Recent Federal Supreme Court rulings on banks duty of care in advisory relationships Read this article in German French The Federal Supreme Court recently rendered two decisions regarding banks duties of care and fidelity in the distribution of financial products The court confirmed its established case law but provided interesting insights into particular issues linked to the distribution of capital protected structured products within the framework of an advisory relationship First ruling The client Christophe Rapin Christophe Pétermann Labour law issues affecting outsourcing Read this article in French German Outsourcing occurs when a company wants to outsource a single business unit and mandate a third party to provide services that were previously rendered by its own employees An example would be a bank that wants to outsource an internal IT function to an IT service provider In addition to economic technical fiscal and contractual issues this also goes hand in hand with questions regarding Urs Boller Useful information about surety bonds Read this article in German French Effect of an offset waiver agreed in advance In its judgement of 2 May 2012 BGE 4A 678 2011 the Federal Tribunal decided that a waiver of the right of offset declared in advance by the principal debtor in favour of the creditor also applies for the surety if the offset waiver was agreed before the conclusion of the contract of suretyship or with the consent of the surety In the case Heike Schulz Shareholders Agreement as an Element of Succession Planning Read this article in German French 1 Introduction The contracting parties use a shareholders agreement to agree the rights and obligations associated with their position as shareholders The contracting parties can be just some or all the shareholders of a company The purpose of the shareholders agreement as a tool for succession planning is to prevent the transfer of the company s shares to non shareholders on the one hand Christophe Rapin Silvia Margraf Succession planning and tax optimisation what s new Read this article in German French 1 Partnerships sole proprietorship general or limited partnership 1 1 What happened before For sole proprietorships succession is usually established by selling the company s assets and liabilities known as an asset deal In terms of civil law this means that the seller s company is liquidated The difference between the sales price and the taxable

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  • meyerlustenberger | lachenal - News
    trademark disputes with the US shoe manufacturer K Swiss K Swiss was established in the 1960s by two Swiss who emigrated to Los Angeles the original founders are no longer involved in the company K Swiss initially imported Künzli shoes to the US while Künzli imported American sneakers to Switzerland then started producing Barbara K Müller Newsletter on revision of Unfair Competition Act 2012 Read this article in German French The Swiss Parliament decided on 17 June 2011 to revise the Unfair Competition Act UCA When the deadline for requesting a referendum expired without any request for a referendum the Federal Council approved the entry into force of the revised law on 1 April 2012 The contentious provision on the use of unfair general terms and conditions GTC will only enter into force on 1 July 2012 The law Nadine Maier Felix Schiller 2012 heralds a new era for the internet Read this article in German Shortly after the first new xxx domains have been introduced the Internet Corporation for Assigned Names and Numbers ICANN is starting another revolution by completely opening the catalogue of generic top level domains TLD in January 2012 From this date any conceivable combination of letters after the dot can serve as a TLD such as references to business sectors sport or products Barbara K Müller The paperless mortgage certificate has arrived Read this article in German According to estimates there are currently around 2 5 million mortgage certificates in circulation in Switzerland Given the popularity of this collateral device secured by mortgage it can be assumed that hundreds of mortgage certificates are exchanged every day between banks notaries public and land registry offices which is time consuming and generates expenses As a security device the Christophe Steiger previous Page 1 Page 2 Page 3

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