Jusletter, 1 April 2019
Drawing on our team’s first-hand experience in the financial sector, we are uniquely positioned to handle complex cases requiring specialist knowledge in derivative instruments, hedge funds and other financial products. This enables us to hit the ground running when taking on a new case.
We help all clients facing contentious situations relating to banking and finance: corporates, financial institutions, insurance companies, pension funds, hedge funds, private equity firms, asset managers, broker-dealers, family offices, trustees and successful individuals.
Our clients typically retain us to act against banks.Compared to other law firms, we have no ties to the financial sector and are generally free to act against these institutions.
In line with the firm’s international focus, we routinely work on cross-border mandates and are well-versed in multi-jurisdictional matters. We call upon our network of specialist lawyers for support in other jurisdictions.
Our expertise is widespread, covering the full spectrum of banking and finance disputes:
- Investment disputes: We regularly act for clients facing investment-related disputes. This will typically include fraud, mismanagement, improper execution of orders, valuation and margin call disputes, fraudulent transfer orders or undue kickback payments. Increasingly, banks tend to unilaterally freeze accounts of clients.
- Recovery and resolution / Insolvency: We have built considerable expertise in representing clients and counterparties in bank insolvency proceedings and related claims to potential liable auditors, directors, and insurances.
- Credit and structured finance: A considerable amount of disputes relate to credit and structured finance. Drawing on the unique track record of our experts in this area, we are able to provide expert advice in originating, structuring, securing and executing transactions.
- FINMA enforcement proceedings / Regulatory: We assist regulated market participants, managers and key employees, who are subject to FINMA enforcement proceedings. Drawing on this expertise, we also advise regulated market players (security brokers, fund managers and distributors, independent asset managers and others) in relation to the regulatory matters, including international administrative assistance between Swiss and foreign supervisory authorities.
- Cryptocurrencies & blockchain: We are increasingly retained by investors on contentious matters relating to cryptocurrencies. Be it fraud claims, asset tracing or complaints to FINMA and/or criminal authorities, we have the relevant expertise required to advise our clients. Our team have advised on various Initial Coin Offerings (ICO) and are therefore well positioned to act for clients in this area.
- Representing a politically exposed UHNWI with assets in 20 bank accounts held at one Switzerland’s leading banks held through offshores and trusts. The case involved allegations of fraud, mismanagement of assets, market manipulation, insider trading, commingling and execution of unauthorised transactions on exotic and illiquid financial products committed by the bank’s asset managers
- Representing a HNWI in litigation proceedings related with a civil action brought against the Swiss branch of a leading bank, which had blocked the client’s assets which had not been declared to the client’s country of origin’s tax authorities. The firm secured a significant victory in the Geneva courts, resulting in the release of the funds back to the client
- Representing a HNWI and his company against one of the major Swiss banks, for wrongful execution of a margin call related to complex OTC structured products related to currencies. The case involves miscalculation of the value of the OTC products, hidden commissions, conflict of interests of the bank selling its own products
- Representing the US monitor of a major Swiss bank, advising on data protection, banking secrecy, regulatory and criminal law questions arising under the monitorship, including establishing a whistle-blower reporting platform
- Representing a number of Swiss private banks in relation to the Program for Non-Prosecution Agreements or Non-Target Letters for Swiss Banks of the US Department of Justice
- Representing the lenders under a multicurrency USD 2 billion facilities agreement granted to a German company with subsidiaries in Switzerland, the United Kingdom, the United States and other jurisdictions
- Representing an African State in an USD 1 billion investment dispute concerning the misappropriation of the assets of a commercial bank
Good governance is a challenge for Swiss corporations like RaiffeisenDaniel Lucien Bühr, 2018
CNN Money Switzerland, 15 June 2018
Finanz und Wirtschaft, 16 June 2018
Digitale Zahlungsmittel in einer analog geprägten Rechtsordnung - A bit(coin) out of control – Rechtsnatur und schuldrechtliche Behandlung von KryptowährungenLeonid Shmatenko, Stefan Möllenkamp, 2018
MultiMedia und Recht, Heft (Issue) 8, 2018, pp. 495-501
La cession de créances au médecinGrégoire Geissbühler, Philippe Geissbühler, 2018
Rev Med Suisse 2018 ; 14 : pp. 1048-9
Swiss courts dismiss foreign currency claims if the currency of the prayers for relief is wrongly denominatedNicolas Ollivier, Grégoire Geissbühler, 2018
IBA International Litigation News, October 2018, pp. 53-56
Investor Claims, Regulatory Enforcement and Criminal Proceedings Within the Frame of Initial Coin OfferingsNicolas Ollivier, 2018
Newsletter - TerraLex Connections, 30 May 2018
Aktuelle juristische Praxis - Pratique juridique Actuelle (AJP / PJA), December 2017, pp. 1439-1452
Mandat de gestion et calcul du dommage : Le Tribunal fédéral rejette l’application d’un portefeuille hypothétiqueNicolas Ollivier, 2017
Centre for Banking and Financial Law (Geneva University), 25 January 2017
IBA Banking Law News, Vol. 24, N° 2
The Lawyer, 10 October 2016, pp. 29
L'obsolescence programmée - Main invisible vs défaut invisibleGrégoire Geissbühler, 2016
In: Olivier Hari (éd.), Protection de certains groupements de personnes ou de parties faibles versus libéralisme économique : quo vadis ? Schulthess, Geneva 2016
Centre de Droit Bancaire et Financier, 15 August 2016
Centre de Droit Bancaire et Financier, 19 January 2016
Third-country firms’ access to the EU market under MiFID II: between fragmentation and harmonisationNicolas Ollivier, Simon P. Quedens, 2016
IBA Securities Law Newsletter, Vol. 22, No. 1, May 2016, pp. 34-36
Le Temps, 31 August 2015
IBA Banking Law News, March 2015, pp. 43-47
Margin calls: Banks' obligations towards their private clientsNicolas Ollivier, 2014
Swiss Review of Business and Financial Market Law (SZW/RSDA), December 2014, pp. 509-521
STEP Wealth Structuring News Digest 17 February 2014
Step Journal, December 2014
Banking in Switzerland and Liechtenstein, 2013, pp. 24-27.
Обмен информацией по банковским счетам между Швейцарией и Казахстаном / Exchange of information on bank accounts in Switzerland pursuant to the amended DTA Switzerland / KazakhstanSimone Nadelhofer, Ekaterina Butler, 2013
Налоги и финансы / Taxes and finances (Almaty, Kazakhstan), No. 1 (62), January 2013, pp. 23-26.
Legal Week, September 2013
Yearbook of Private International Law, Vol. 14 (2012/2013), pp. 443-453
The 2012 Swiss Federal Supreme Court landmark decision on retrocessions: clients are entitled to get their money backSandrine Giroud, Simone Nadelhofer, 2013
IBA International Litigation News, April 2013, pp. 70-72
Terralex Newsletter, July 2013
IBA Anti-Corruption Committee Newsletter, Vol. 5, No. 2, September 2013, pp. 39-41
Einziehung im Unternehmens- und WirtschaftsstrafrechtSimone Nadelhofer, 2013
("Asset forfeiture in economic and corporate criminal law")
In: Jürg-Beat Ackermann, Günter Heine (Eds.), Wirtschaftsstrafrecht der Schweiz, Stämpfli Verlag, Berne, 2013, pp. 219-239
Jurisprudence rétrocessions : le TF crée la surprise chez les gérantsNicolas Ollivier, Frédérique Bensahel, 2012
La Banque Suisse, No 1 January 2012, pp. 44-45
Enforcement against State Assets and Execution of ICSID Awards in Switzerland: How Swiss Courts Deal with Immunity DefencesSandrine Giroud, 2012
ASA Bull. 4/2012, Vol. 28, pp. 758-766
Swiss Government Freezing of Egyptian Assets: The Swiss Practice Regarding Assets of Politically Exposed People of Presumed Illicit OriginSandrine Giroud, 2011
International Enforcement Law Reporter, Vol. 27, Issue 4, April 2011, pp. 684-686
In: White-Collar Crime & Regulatory Enforcement, 2009 (Digital guide, Executiveview.com), pp. 94-95
In: J. Verhoeven (Ed.), Le droit international des immunités : contestation ou consolidation ?, Larcier, Brussels, 2004, pp. 219-251
In: Boisson de Chazournes/Quéguiner/Villalpando (Eds.), Crimes de l'histoire et réparations : les réponses du droit et de la justice, Editions Bruylant, Brussels, 2004, pp. 147-162
L'immunité pénale des chefs d'Etat en matière financière. Vers une exception pour les actes de pillage de ressources et de corruption ?Marc Henzelin, 2002
Revue suisse de droit international et européen (RSDIE), 2002, Vol. 12, pp. 179-212
LALIVE promotes four to Counsel
LALIVE opens in London
Domitille Baizeau appointed to Terralex Executive Committee
LALIVE strengthens its Litigation team with the appointment of Matthias Gstoehl to the partnership
Press coverage: Daniel Bühr on the German tax dispute
LALIVE advised Thurgauer Kantonalbank in successful completion of Category 3 participation under the U.S. Bank Program
Swiss banking regulator FINMA appoints Alexander Troller to the creditors’ committee of Banque Privée Espirito Santo (Suisse) SA in liquidation
Press coverage: Alexander Troller interviewed on new Swiss financial legislation
Nicolas Ollivier promoted to Counsel
Simone Nadelhofer interviewed on Julius Bär settlement with US
Press coverage: L’accès au marché européen entre fragmentation et harmonisation
Press coverage: Vincent Tattini interviewed on holding bearer shares
Press coverage: Swiss Court decision on the protection of personal data in banks
Press coverage: Swiss Defend Seven-Year Delay to HSBC Money-Launder Probe
Press coverage: Caught in the middle
Promotion to partnership
Press coverage: Alexander Troller interviewed on the key aspects of Swiss Federal Financial Services Act and Financial Institutions Act
Press coverage: Marc Henzelin interviewed on the changing relationship of Swiss banks with their clients
LALIVE consolidates leading positions in legal directories
Press coverage: Marc Henzelin interview: European investigations, Swiss banks and unusual clients
Alexander Troller appointed as Practice Group Leader of Terralex’s Finance and Banking Group
Press coverage: Swiss court limits assistance to India
LALIVE appoints four new partners in its Zurich office
Press coverage: Simone Nadelhofer interviewed regarding retrocessions in the financial sector
Retrocessions in the financial sector: interview of Simone Nadelhofer on the recent Swiss Supreme Court decision
LALIVE organises a seminar on retrocessions payable to banks and financial intermediaries (December 2012)
The ‘very client-oriented and responsive’ Lalive delivers ‘outstanding services’ in litigation against banks by applying ‘aggressive’ methods; however, ‘strong practical advice’ is also provided on regulatory issues.
Legal 500, Switzerland, Banking and Finance: Geneva, 2018
The Zurich team of Lalive ‘has strong capabilities and is extremely knowledgeable’, offering expertise in regulatory, compliance, litigation and investigation matters.
Legal 500, Switzerland, Banking and Finance: Zurich, 2018
Simone Nadelhofer and Daniel Bühr head the practice at Lalive, which is recommended for banking litigation as well as compliance and internal investigations.
Legal 500, Switzerland, Banking and Finance: Zurich, 2017
Lalive is well known for its ‘excellent’ banking litigation practice (...). The team also has significant banking regulatory and financing expertise.
Legal 500, Switzerland, Banking and Finance: Geneva, 2017
Lalive is considered ‘a clear market leader’ for international arbitration (...) and is very strong in litigation and contentious banking matters.
Legal 500, Switzerland, French-speaking Switzerland: leading firms, 2017
The ‘very professional’ team at Lalive is exceptionally strong when it comes to banking litigation, but it also provides ‘fast and practical advice’ on a range of banking regulatory and finance matters.
Legal 500, Switzerland, Banking and Finance: Geneva (Tier 2), 2016
Lalive’s practice in Zurich focuses on regulation, compliance and internal investigations. Simone Nadelhofer and recently promoted partner Daniel Bühr head the practice.
Legal 500, Switzerland, Banking and Finance: Zurich (Tier 4), 2016
One of the most operative law firms we have worked with. Besides the sound technical knowledge, they immediately got a good grasp of our final goals and set up an incredibly efficient plan to achieve it.” So says a recent client of Lalive’s banking and finance division. A partner from a referring firm says the team has “done an excellent job with providing us with top notch legal advice.
IFLR 1000 2016, Notable firm, Switzerland
Lalive is exceptionally strong when it comes to banking litigation, but also covers the whole range of banking and finance advice.
Legal 500, Switzerland, Banking and Finance, 2015
Lalive's team is ‘strong when up against large financial institutions’.
Legal 500, Switzerland, Banking and Finance, 2014
Lalive is an interesting fixture in Switzerland's legal market (...) The firm acts for banks, investment funds, insurance companies, securities dealers and asset managers. It is strong in regulatory matters and capital market transactions.
IFLR 2014, Recommended firm, Switzerland
Lalive's four-partner group is 'experienced, commercial and easy to deal with', and has the ability to 'maintain client relationships on a very personal and direct level'. The practice handles a good balance of transactional and litigation work (...).
Legal 500, Switzerland, Banking and Finance 2013, Tier 3
Lalive's 'proactive and efficient' team acts for a number of Swiss and international banks and institutions on regulatory and contractual matters. (....) The 'impressive' Alexander Troller and Christiane de Senarclens are recommended.
Legal 500, Switzerland, Banking and Finance 2012, Tier 3