Lenz & Staehelin

Praised by Chambers for its "excellent track record acting on high-profile public takeovers and private equity transactions", Lenz & Staehelin enjoys a leading position in domestic and cross-border private and public M&A transactions, and has been party to many of Switzerland’s most important corporate deals. Around 70 partners and associates form the country’s strongest Corporate and M&A practice group.

In response to the complex requirements of domestic and international mergers and acquisitions and the many areas of law involved, this practice group brings together the knowledge, skills and experience of different practice areas to form focused, creative and hands-on teams for specific transactions.

In addition to advising on corporate law in general, the group also has ample experience in structuring complex cross-border and domestic M&A transactions and working with private equity investments. We also rank among the key players in the highly sophisticated field of public tender offers.

Besides advising on many of the major transforming deals in Switzerland, we regularly act as counsel on smaller transactions.

Our work includes:

General corporate

• Company law
• Corporate housekeeping
• Corporate and regulatory compliance
• Corporate governance
• Shareholders' meetings of listed companies
• Reorganizations and restructurings

M&A

• Mergers
• Private acquisitions
• Private equity investments, including buy-out, venture capital
• Public tender offers, including hostile takeovers and takeover defences
• Joint ventures
• Spin-offs

Capital markets and securities laws (disclosure duties, ad hoc publicity, insider information, management transactions) 

Corporate and M&A-related litigation and arbitration

Estate planning and tax advice for entrepreneurs and managers

Lenz & Staehelin has more than thirty years of experience in employment and pensions, and is widely recognized as one of the leading law firms in this area in Switzerland.

The Employment, Pensions and Immigration practice group draws on Lenz & Staehelin’s long experience in all areas of private employment and public labor law, including litigation and arbitration. Our main activities cover the drafting of employment rules and regulations, the legal aspects of executive compensation, and the complex issue of cross-border employee transfers to Switzerland. An understanding of the relevant social security systems is crucial, and for this we can call on the skills and experience of specialists trained in this area. We can also draw on an extensive network of leading foreign law firms. The Employment, Pensions and Immigration practice group advises both employers and senior employees.

We can draw on in-house expertise covering the whole spectrum of employment and pensions law including corporate, tax, data protection, and intellectual property law. To offer the full range of legal services is particularly important given that the dividing line between employment, contract, equity and corporate law is increasingly blurred, for example during a restructuring, or when compensation includes share plans and stock options.

Lenz & Staehelin also advises clients on obtaining Swiss work permits for foreign nationals, a service underpinned by our firm’s tradition of maintaining good contacts with the national and cantonal immigration authorities.

Our work includes:

• Employment and labour law
• Employment litigation
• Executive compensation
• Immigration
• Cross-border employee transfer
• Transfer of undertakings
• Discrimination
• Social security
• Pensions

Lenz & Staehelin has more than thirty years of experience in employment and pensions, and is widely recognized as one of the leading law firms in this area in Switzerland.

The Employment, Pensions and Immigration practice group draws on Lenz & Staehelin’s long experience in all areas of private employment and public labor law, including litigation and arbitration. Our main activities cover the drafting of employment rules and regulations, the legal aspects of executive compensation, and the complex issue of cross-border employee transfers to Switzerland. An understanding of the relevant social security systems is crucial, and for this we can call on the skills and experience of specialists trained in this area. We can also draw on an extensive network of leading foreign law firms. The Employment, Pensions and Immigration practice group advises both employers and senior employees.

We can draw on in-house expertise covering the whole spectrum of employment and pensions law including corporate, tax, data protection, and intellectual property law. To offer the full range of legal services is particularly important given that the dividing line between employment, contract, equity and corporate law is increasingly blurred, for example during a restructuring, or when compensation includes share plans and stock options.

Lenz & Staehelin also advises clients on obtaining Swiss work permits for foreign nationals, a service underpinned by our firm’s tradition of maintaining good contacts with the national and cantonal immigration authorities.

Our work includes:

• Employment and labour law
• Employment litigation
• Executive compensation
• Immigration
• Cross-border employee transfer
• Transfer of undertakings
• Discrimination
• Social security
• Pensions

Our Insolvency and Restructuring practice group has extensive experience in representing creditors and debtors in complex domestic and cross-border (in court or out of court) restructuring and insolvency proceedings. We also assist our clients in identifying and addressing insolvency related risks through appropriate structuring of transactions and contract drafting and counsel creditors in pre-insolvency enforcement scenarios.

Members of the practice group have a diversified background and pool wide-ranging know-how (including Banking and Finance, Corporate and M&A, Litigation and Tax) which ensures a holistic and innovative approach when counselling our clients.

Our work includes:

• Representing creditors in Swiss insolvency proceedings
• Advising companies in (out-of-court and in-court) restructuring proceedings
• Advising creditors and debtors on the implementation of cross-border restructuring schemes
• Assisting creditors in pre-insolvency enforcement scenarios and analyzing the risks of enforcement and challenges to security in insolvency scenarios
• Advising board members and management of companies in need of financial restructuring
• Representing purchasers and sellers of distressed debts
• Insolvency-related litigation
• Sale and acquisition of distressed companies

Lenz & Staehelin's Intellectual Property group is renowned for its longstanding practice and excellent track record in every field of intellectual property (patent law, trademark and design law, and copyright law), including related areas such as unfair competition. We offer full services in trademark and design prosecution, represent clients in IP litigation (before the Swiss Federal Supreme Court, the Federal Patent Court, the Federal Administrative Court and cantonal courts across the country), and in IP-related international arbitration. In addition, we advise on complex commercial transactions such as licensing, franchising, joint ventures, R&D cooperations, all kind of technology transfer issues, and IP due diligence in M&A matters.

Lenz & Staehelin has a transaction-oriented approach to intellectual property, and always focuses on immediate client benefit. The breadth and depth of expertise available in-house translates into higher productivity and better services for clients. Because we – unlike most other law firms – also offer administrative services such as trademark and design applications and portfolio management, we can provide a one-stop shop for all IP-related matters (excluding patent applications).

Current clients include the following sectors: pharmaceuticals, chemicals, medical devices, biotechnology, household equipment, machinery, textiles, footwear and sporting goods, software, semiconductors, navigation equipment, telecoms, agriculture, dairy, food and beverages, cosmetics, postal services, financial services (including securitization of IP rights), banking, consulting, sports associations, museums, art collections, universities (including spin-offs), government, governmental agencies and trade associations.

We are at the forefront of European IP development, and have successfully turned various business models into proprietary rights. Lenz & Staehelin's intellectual property practice achieves the highest rankings in all significant publications. Correspondingly, our senior lawyers are considered leading practitioners in the field and receive plaudits from clients and peers. 

Our work includes:

• Intellectual property litigation
• Intellectual property-related international arbitration
• Patents
• Trademarks and company names
• Geographical indications
• Trademark portfolio prosecution and management
• Designs
• Copyrights and entertainment law
• Unfair competition
• Licensing and technology transfer
• Technology, pharmaceuticals and biotechnology
• Trade secrets and know-how
• Domain names
• Privacy protection
• Franchising and sponsorship
• Advertising law
• Anti-counterfeiting
• IP due diligence
• Art law

Lenz & Staehelin has been a market leader in litigation and international arbitration in Switzerland for decades. We represent clients in complex civil, administrative and criminal litigation, international arbitration and corporate investigations. Our clients cover a broad range of industries, including banking & finance, pharmaceuticals, high-tech and telecommunications, insurance, construction, energy and sports. Across these sectors, clients rely on our natural understanding of their business needs and our fine grasp of the technical and scientific disciplines at the core of their operations.

With a dedicated group of more than 50 dispute resolution lawyers, we approach each matter with thoroughness and creativity. Our firm’s distinctive features, including cost-effective and target-oriented case handling with teams tailored to the specific size and requirements of each individual dispute, make us a preferred choice as counsel. We also work closely with all other Lenz & Staehelin practice groups to develop dispute prevention and compliance strategies as well as other techniques to assist our clients in reducing litigation risk.

Determined to win our clients’ cases, we equally strive – whenever appropriate – to explore favorable amicable solutions to the issues at stake, with as little disruption to business as possible.

Litigation

Traditionally, our litigation practice has been a principal player for commercial and corporate disputes in Switzerland. As one of the leading M&A, takeover and shareholders’ litigation firms in the country, we have a strong record of success in all of these areas, as well as in many others. The firm is also frequently retained to act in banking and finance litigation and we represent major corporations and individuals in regulatory enforcement matters and white-collar criminal investigations. We also have significant experience in advising private clients on disputes relating to their wealth management and inheritance matters.

As one of the largest of the few firms with sizeable offices in Zurich, Geneva and Lausanne, we are in an effective position to defend our clients’ interests before courts and authorities both in the German- and French-speaking Cantons of Switzerland. Moreover, we have a long and successful track record in litigation before the Swiss federal courts and administrative authorities, including appeals before the Swiss Federal Supreme Court. Our clients have the benefit of our in-house expertise in all areas of business law.

Arbitration

Historically, Switzerland has been a preferred center of international arbitration and Lenz & Staehelin has its solid part in that history. Over time, legal disputes and proceedings have become increasingly complex and require the highest level of expertise and sensitive handling. Our experience enables us to provide our clients with the support they need.

Lenz & Staehelin’s attorneys have been involved in several hundred international arbitrations, either as counsel for a party or sitting as arbitrators. Our arbitral practice is mainly focused on institutional arbitration and, in particular, arbitrations conducted under the rules of the International Chamber of Commerce, the Swiss Chambers’ Arbitration Institution, the London Court of International Arbitration and the Court of Arbitration for Sport. The firm is also regularly involved in UNCITRAL and ad hoc arbitrations.

In every case, we establish a tailor-made team prepared to provide the highest quality of work, with the utmost commitment and focus at every level. Our multilingual team is able to communicate with clients and conduct cases in English, French, German, Italian and Spanish. All our lawyers have qualifications from or practical experience in common law jurisdictions; moreover, our team includes attorneys qualified to practice in a number of foreign jurisdictions including the U.S. and Latin America.

Our proven real estate specialists provide advice and support to clients ranging from private clients to commercial users and institutional investors to real estate investment funds, financial institutions, rating agencies and public sector. The practice group's capabilities encompass all legal aspects of real estate related transactions (including sale-and-lease back transactions and hotel deals), financings, commercial lease and real estate development projects.

We also advise clients on environmental law matters, for example on how to deal with hazardous waste or contaminated properties in connection with real estate or M&A transactions. 

Our work includes:

• Transactional real estate (including direct or indirect single asset or portfolio acquisitions or sales, sale-and-lease-back transactions, share deals and hotel deals)
• Real estate development projects (including zoning and construction laws)
• Real estate architect and contractor agreements (including general or total contractor, planning arrangements, project agreements, SIA agreements, Fidic)
• Commercial and residential leases (landlord and tenant representation)
• Environmental matters related to real estate
• Permits for acquisitions of real estate by persons abroad (Lex Koller)
• Real estate finance (including acquisition financing or refinancing / mortgages)
• Real estate securitization (including CMBS and RMBS transactions)
• Property and facility management agreements
• Real estate related litigation and arbitration (including foreclosure in real estate)
• Real estate regulatory for pension funds and insurers
• Second home related aspects
• Digital real estate / BIM (building information modeling)
• COVID-legislation impacting real estate contracts (e.g. leases, contractor agreements etc.)

The Private Client group is our team of specialists providing corporate clients and high net worth individuals with comprehensive and expert advice on wealth planning and succession issues. The group advises clients on all aspects of family and inheritance law, immigration law and taxes. Our team has particular expertise in the field of international estate planning, all aspects of wealth management and dispute resolution.

We draw on the skills of attorneys qualified under both civil law and common law systems. Comprising three generations of experience and embedded in the largest legal team in the country, our Private Client group is uniquely placed to advise in areas such as commercial and private trust companies and family office administration. The broad spectrum of expertise available within the firm enables us to offer creative advice. We can also provide expert assistance in the formation of charitable and non-profit organizations and in the provision of trust and company administration services in Switzerland and Guernsey. Our clients appreciate the fact that we are always available and ready to respond swiftly.

We have expertise in the following areas:

• Estate planning and administration
• Structuring of wealth management
• Family office services
• Residence and nationality
• Tax planning and litigation
• Establishing commercial and private trust companies and family offices
• Forming charitable and non-profit organizations
• Trusts and estate litigation, arbitration and mediation
• Pre- and post-nuptial agreements
• Private investment companies and funds
• Wills and testaments
• Art and antiques
• FATCA and the Common Reporting Standard

L&S Trust Services provides fiduciary services to private and corporate clients. For further information please visit www.lstrustservices.com.