Lenz & Staehelin
(The following information was supplied by the firm)
Firm overview
With over 200 lawyers and offices in three major economic centres, Lenz & Staehelin is one of the largest law firms in Switzerland. Known for its high professional standards, the firm provides its domestic and international clients with a full range of services in the main areas of law. It is ranked amongst the leading practitioners in business law.
Managing Partners: Benoît Merkt (Geneva), Thierry Calame (Zurich)
Number of partners worldwide: 48
Number of other lawyers worldwide: 175
Languages: English, French, German, Italian, Russian, Spanish
Areas of expertise:
Asset Management:
Due to Lenz & Staehelin’s pioneering role in this area and its strong commitment to both regulatory and self-regulatory organisations, the team is a recognised market leader. Its long-standing expertise allows the firm to deliver highly specialised advice on all aspects of institutional asset management, investment services and products.
Arbitration:
Lenz & Staehelin has enjoyed a leading position in international arbitration for a number of decades. Its attorneys have been involved in several hundred international arbitrations, either as counsel for a party or sitting as arbitrators. The firm has been handling disputes under the rules of all major institutions (including ICC, Swiss Chambers of Commerce, LCIA, AAA, VIAC, CAS, WIPO, ICSID) as well as ad hoc arbitration.
Banking & Finance:
Advising on regulatory issues, capital market transactions, investment products and services are part of Lenz & Staehelin’s core areas of expertise. Its clients are major Swiss and international banking/financial institutions. They benefit from the firm’s experience in matters of banking/securities dealers licences, asset securitisation, securities offerings, project and structured finance, investment funds, private equity, derivatives and other financial products.
Capital Markets:
Lenz & Staehelin counts a number of accredited experts for the listing of securities on the SIX Swiss Exchange. The team delivers advisory and support services for all types of capital markets offerings, including IPOs and rights offerings, bonds, convertible bonds, covered bonds, hybrid bonds and other securities transactions.
Competition:
The firm advises in all areas of competition and antitrust law, such as merger control notifications, abuse of dominance, restrictive practices, cartel investigations, dawn raids, leniency procedures and public procurement. It regularly acts in co-ordination with leading foreign law firms in complex multi-jurisdictional merger filings. Its practice also includes proceedings before the Swiss Competition Commission and competition litigation before the Swiss cantonal and federal courts.
Corporate & M&A:
The firm has a leading position in domestic and crossborder private and public M&A transactions. As such it has been involved in many of Switzerland’s most important corporate deals. The firm advises, amongst others, on corporate takeovers, mergers, joint ventures, takeovers of listed companies, private equity and venture capital. Its services in corporate law include incorporation and administration of companies, corporate governance and compliance.
Employment, Pensions & Immigration:
The firm advises both employers and senior employees. It draws on a long experience in all areas of private employment and public labour law, including employment agreements, bonus and stock option schemes, non-compete covenants, social security benefits, labour litigation and arbitration. It assists foreign nationals in obtaining Swiss work permits, a service underpinned by the firm’s tradition of good contacts with cantonal and federal immigration authorities.
Insolvency & Restructuring:
The firm offers a leading full-service insolvency practice encompassing the complete range of issues typically encountered in complex insolvencies. It advises and represents creditors (some of which are banks or other financial institutions), liquidators, receivers in insolvency proceedings. It also provides advice to companies in need of financial restructuring.
Intellectual Property:
The firm provides first-class services in all sectors of intellectual property, such as copyright law, designs and models law, licensing, geographical indications, Swiss and European patent law, trademark law, and related fields such as unfair competition. It has extensive experience in advising clients (e.g. in IP due diligence in mergers and acquisitions process) and in representing them in intellectual property-related litigation either before cantonal and federal courts or before arbitral tribunals.
Investigations:
Lenz & Staehelin assists clients in efficiently conducting complex internal investigations, both on their own initiative or in response to inquiries or investigations by governmental authorities, whistleblower claims or shareholder demands. The firm’s practice covers a broad range of industries and issues (including antitrust, anticorruption, violation of banking or capital market rules, disclosure and accounting issues, tax and civil or criminal misconduct).
Litigation:
The firm’s litigators advise and represent clients in administrative, civil and criminal proceedings. They deal with antitrust and unfair competition litigation, banking/finance/commercial litigation, bankruptcy and debt collection, coordination of international litigation, employment disputes, enforcement of foreign judgments and awards, international legal assistance, intellectual property litigation, money laundering and white-collar crimes, real estate and construction disputes, trust and estate-related litigation.
Private Clients:
This team of specialists provides corporate and individual clients with comprehensive expert advice on wealth planning and succession issues. The team includes lawyers with particular expertise in international estate planning and structuring and who are qualified under both civil law and common law systems. They offer creative advice on trust and company administration services in Switzerland and Guernsey.
Real Estate:
The firm provides advice and support to commercial users, institutional investors, real estate investment funds, financial institutions, rating agencies and private clients. The practice group’s capabilities encompass all legal aspects of real estate financing, sale and lease back transactions, commercial lease and real estate development projects.
Tax:
The firm’s tax department is one of the largest of any Swiss law firm with more than 25 tax attorneys most of whom are also certified tax experts. In addition to all aspects of tax planning, its services also include the representation of clients in front of tax authorities or in tax litigation, arbitration and mutual agreement procedures. It has particular expertise in tax issues related to financial products, real estate, private equity, M&A/restructurings/buyouts/relocations, in tax planning for private clients, executives and transferees at international companies, and in VAT matters.
Technology & Outsourcing:
The firm offers a wide range of transactional and regulatory services in technology, media and telecom matters, with a leading position also in outsourcing (both infrastructure and BPO transactions). Services include advice on complex IT projects, hosting and ASP, data protection, eCommerce, convergence issues, public procurement, FinTech, ICT contracts and software licensing, strategic business alliances and joint ventures. It regularly advises important media companies and TV, radio and cinema operators on licensing, advertising and sponsorship issues.
Key Contacts
Managing Partner, Zurich:
Thierry Calame
[email protected]
Managing Partner, Geneva
Dr. Benoît Merkt
[email protected]
Firm Rankings
Administrative & Public Law
Band 1
Arbitration
Band 1
Banking & Finance
Band 1
Capital Markets
Band 2
8.7
Capital Markets: Debt
Band 2
8.0
Capital markets: Equity
Band 1
Capital Markets: Structured Finance
Band 2
8.0
Competition/Antitrust
Band 1
Corporate/M&A
Band 1
Data Protection
Band 1
Energy
Band 2
8.0
FinTech
Band 2
8.0
Funds
Band 1
Insurance
Band 2
8.0
IP
Band 1
IP: Patents
Band 2
8.0
IP: Patents: Contentious
Band 1
IP: Patents: Transactions
Band 3
6.0
IP: Trademarks
Band 1
IP: trademarks: Contentious
Band 1
IP: Trademarks: Prosecution
Band 2
8.0
Labour & Employment
Band 2
8.0
Life Sciences
Band 2
8.0
Litigation
Band 1
Private Client
Band 1
Private Wealth Law
Band 2
8.0
Real Estate
Band 1
Restructuring & Insolvency
Band 1
Sports Law
Band 1
Tax
Band 1
TMT
Band 3
7.0
White-Collar Crime
Band 2
8.0
Lawyer Rankings
Articles
On 1 September 2023, the revised Data Protection Act (“revDPA”) and its implementing Ordinance (“revDPO”) entered into force, concluding a six-year long legislative process. The revision responds to technological advancements, aligns Swiss data protection law with today’s international data protection standards, including the GDPR, and shall allow Switzerland to uphold its status as a country […]
Challenges posed by Artificial Intelligence (AI) and Generative AI in M&A Transactions need to be addressed with an interdisciplinary team. This Insight newsletter addresses some key issues dealmakers must keep in mind. Since the launch of Dall-E and ChatGPT last year, Artificial Intelligence (AI) in general and Generative AI (GAI) in particular are omnipresent. The […]
The June 2023 ruling by the Swiss Commission for Fairness, finding FIFA’s communications on carbon neutrality at the World Cup 2022 misleading to consumers, has attracted global attention. This decision acts as a strong reminder for companies to carefully evaluate their commercial communications, ensuring verifiable evidence supports environmental assertions. It foreshadows a wave of forthcoming […]
Geneva has published an evolution of its practice on taxation of employee stock and option grants, extending in particular for employees of startups and SMEs the possibility to realize a tax-free capital gain upon exit. Download document in English (PDF / 139 KB)
As of July 12, 2023, the European Foreign Subsidies Regulation (FSR) will apply. The European Commission can now examine concentrations that meet the filing thresholds for subsidies from non-EU Member States distorting the internal market. This review is in addition to the merger control procedures and foreign investment screenings. The FSR also introduces a comprehensive subsidy control for public procurement […]
Switzerland and certain EU and EFTA countries have signed a new framework agreement on social security coordination rules to facilitate cross-border teleworking. This framework agreement will be applied by Switzerland from 1 July 2023, and allows cross-border employees to telework up to 49.9% of their working time in their country of residence, while remaining subject, for […]
On January 1, 2023, the revised corporate law entered into force. The revision requires companies, among other things, to amend their articles of incorporation to reflect the new corporate law. Despite a two-year transition period, the vast majority of public companies listed on SIX Swiss Exchange has already amended their articles of incorporation at this […]
The Swiss government aims at a partial revision of the Swiss Cartel Act. Now that the consultation process is completed, the Federal Council has unveiled its draft legislation. The revision aims at modernizing merger control and strengthening private damage litigation. The draft legislation remarkably also provides for a re-introduction of the effects test for hardcore […]
In addition to amendments to the Debt Enforcement and Bankruptcy Act (DEBA) and the Criminal Code (SCC), the Federal Act on Combating Abusive Bankruptcy also brings important changes to the Code of Obligations (CO) and the Commercial Register Ordinance (CRO). The new Act aims at increasing the hurdles for a company to release its debts […]
The Swiss Federal Council continues aligning the Swiss sanctions regime to the EU sanctions against Russia. On January 25, 2023, the Swiss Federal Council enacted further sanctions against Russia, in line with the 9th sanctions package adopted by the European Union (EU). The new measures relate to bans on product testing, advertising, market research and opinion […]
The last quarter of 2022 saw two notable advances in relation to ESG reporting in Switzerland and in the European Union. In Switzerland, the Federal Council adopted an Ordinance on Climate Disclosures to complement the non-financial reporting rules that apply for the first with respect to the financial year 2023. In the EU, the co-legislator […]
Press Releases
Lenz & Staehelin successfully represented a Lebanese-owned telecommunications operator as defendant in proceedings before the Swiss Federal Supreme Court in which the Republic of South Sudan was seeking to set aside an arbitral award rendered in a Geneva-seated ICC arbitration. The sole arbitrator had found in a decision dated 10 November 2022 that he had […]
Latour Capital successfully completed its acquisition of Gutor Electronic from Schneider Electric SE. Headquartered in Wettingen, Switzerland, Gutor is the world leading manufacturer of UPS for industrial applications. UPS systems ensure operational continuity during power outages and contribute to the safety of the most critical installations, such as nuclear power plants, power generation, rail signaling, […]
On June 22, 2023, Komgo SA, the trade finance blockchain company, successfully closed a strategic equity investment by Banco Santander. With this investment, Santander becomes a shareholder of Komgo alongside other major corporate and financial players including ABN Amro, BNP Paribas, Citi, Consensys, Crédit Agricole, Gunvor, ING, Koch Supply & Trading, Macquarie, Mercuria, MUFG, Natixis, […]
On June 7, 2023, Inflexion and Gyrus Capital announced the completion of the acquisition by Inflexion of a majority stake in dss+, a leading provider of operations management consulting services with a purpose of saving lives and creating a sustainable future. Gyrus and dss+ management retain a significant minority. The Inflexion investment is being made […]
On June 22, 2023, Komgo SA, the trade finance blockchain company, successfully closed a strategic equity investment by Banco Santander. With this investment, Santander becomes a shareholder of Komgo alongside other major corporate and financial players including ABN Amro, BNP Paribas, Citi, Consensys, Crédit Agricole, Gunvor, ING, Koch Supply & Trading, Macquarie, Mercuria, MUFG, Natixis, […]
Union Investment sells its property «Westpark» in Zurich-West On June 1, 2023, the international real estate company Union Investment with headquarters in Hamburg, closed the sale of its multi-tenant property «Westpark» located in Zurich-West to PSP Real Estate AG for CHF 216.5 million. Lenz & Staehelin advised Union Investment in this transaction. The team included […]
On May 15, 2023, Emergent BioSolutions, the New York Stock Exchange listed developer and manufacturer of vaccines, completed the sale of its travel vaccine business to Bavarian Nordic for an upfront payment of USD 270 million. Lenz & Staehelin advised Emergent BioSolutions in this transaction. The team included Tino Gaberthüel and Simone Ehrsam (both partners Corporate […]
Partner One, one of the fastest growing enterprise software conglomerates, announced that it had successfully acquired Stromasys SA, the world-leader in enterprise-class emulation solutions for legacy systems. Lenz & Staehelin acted as legal advisor to Partner One on this transaction. The Lenz & Staehelin team included partner Lukas Morscher (Technology and Outsourcing) as well as […]
On March 29, 2023, Swiss Prime Site AG signed an agreement to sell its Wincasa group company to Implenia for an enterprise value of CHF 235 million. Subject to regulatory approval, the transaction is expected to close in the second quarter and the economic interest will be transferred retrospectively as of January 1, 2023. Lenz & […]
Tanja Luginbühl, head of Restructuring and Insolvency and partner in the Private Client group, has been awarded the gold award in the category Woman of the Year – Switzerland at the Powerwoman Awards 2023 by Citywealth. Judges cited that she “exhibits skill and a reflective manner that make her an asset to any client. With a […]
On 3 March 2023, CargoRoll AG, Lucerne, a freight wagon portfolio company managed by Reichmuth & Co Investment Management, closed a EUR 135 million facilities agreement with a syndicate of renowned financial institutions led by UBS Switzerland AG acting as original lender, arranger, agent and security agent. Schellenberg Wittmer acted as Swiss legal counsel to […]
SCCF Structured Commodity & Corporate Finance (“SCCF”), the Swiss-based trade finance expert, has issued short term tokenized notes to refinance a loan to a commodity trading firm active in biofuels. The notes were tokenized using the CMTAT smart contract framework published by the Capital Markets and Technology Association (CMTA), with the help of Taurus SA. […]
On March 22, 2023, Sika announced that it agreed to sell MBCC Group’s chemical admixtures assets in England, the USA, Canada, Europe, Australia, and New Zealand (Disposal Perimeter) to private equity firm Cinven. The divestment of the Disposal Perimeter is part of the required remedy process for the approval of Sika’s acquisition of MBCC Group […]
On March 29, 2023, Swiss Prime Site AG signed an agreement to sell its Wincasa group company to Implenia for an enterprise value of CHF 235 million. Subject to regulatory approval, the transaction is expected to close in the second quarter and the economic interest will be transferred retrospectively as of January 1, 2023. Lenz & […]
With over 370 furniture stores in 13 European countries, the XXXLutz Group is one of the three largest furniture retailers worldwide. The XXXLutz Group continues its expansion and buys Conforama (Confo) Schweiz with 20 stores. Lenz & Staehelin is advising CAFS Invest GmbH and Sems CH 2 AG (associated with the XXXLutz Group) on antitrust […]
The Swiss Federal Supreme Court decided on the dispute about “Commune de Champagne PDO” in two judgements (December 23, 2022, 2C_407/2021; March 22, 2022, 2C_381/2021). The Canton de Vaud had introduced, in January 2021, a PDO “Commune de Champagne” for still white wines of the Chasselas grape grown in the municipality of Champagne. The Comité […]