Corporate Litigation

Our corporate disputes team advises and represents companies, shareholders, directors and managers in complex disputes before state courts, in arbitral proceedings, mediations, and settlement negotiations. Our expertise covers a broad range of corporate disputes, specifically enforcement of and defence against minority shareholders' rights at general meetings and in court, directors' liability litigations, annulment proceedings challenging shareholders' resolutions, and disputes arising under shareholders' agreements, including the enforcement of exit rights, transfer restrictions, and voting obligations. We act in relation to privately held and publicly listed companies.

Our approach to corporate litigation

Corporate disputes are often highly contentious, time-critical, and emotionally charged, particularly where control over a company or an entire business is at stake. Drawing on our specialised expertise and experience, we provide tailor-made and commercially minded advice in high-stakes corporate and shareholder disputes, including situations where speed is critical and interim relief must be sought without delay.

Complex corporate disputes, in particular those involving allegations of mismanagement or breach of fiduciary duties, frequently require a holistic assessment that goes beyond pure corporate law. Criminal law or regulatory exposure and D&O insurance coverage are often relevant aspects that must be assessed from the outset. Our firm's significant experience in white-collar crime, regulatory proceedings and insurance disputes equips us to handle such matters in an integrated and efficient manner and across practice areas.

We are independent and conflict-free

As an independent dispute resolution firm based in Switzerland, we can represent both privately held and publicly listed companies as well as majority and minority shareholders across a wide range of sectors and industries. Due to our focus on dispute resolution, we are free of any conflict.

In complex cross-border disputes, our independence gives us the freedom to collaborate with any adviser globally and to act as the central coordinator for all legal representatives involved in a strategy that may span multiple jurisdictions. We can partner with the most suitable local counsel for each jurisdiction and work alongside our clients' existing advisers worldwide.

Track Record

  • Representation of a majority shareholder and the company against the minority shareholder in a dispute regarding the ownership of the majority stake in the company, involving multiple parallel interim measures and ordinary proceedings in separate Swiss cantons and in appeal proceedings before the Swiss Federal Supreme Court.

  • Representation of a 49%-minority shareholder against the majority shareholder and the company regarding a court-ordered special audit and directors' liability litigation in relation to the breach of fiduciary duties by the directors of a fund management company.

  • Representation of a 34%-minority shareholder against the company regarding the exercise of information and inspection rights and the appointment of a court-ordered special audit.

  • Representation of two high-net-worth individuals in complex state court proceedings and cross-border arbitration (Swiss Rules) regarding a dispute in the context of a simple partnership structure in a family holding.

  • Representing an insurance company against an alleged creditor against the creditor's claim to inspect the financial statements (art. 958e CO), including appeal proceedings to the Federal Supreme Court.

  • Representation of a company against its former members of the board and management as well as former advisers which caused the company significant losses in connection with a fraudulent cross-border restructuring scheme.

  • Defence of the chairman of a board in director liability litigation in connection with a post-M&A dispute, where a shareholder of the newly formed joint venture challenged the transaction and initiated claims for damages against the chairman and other members of the board.

  • Advice of a corporation and its board during the pre-litigation phase of a cross-border asset sale involving the defence against hostile minority shareholders and the mitigation of liability risks.

  • Representation of a corporation and its board of directors in a dispute against a minority shareholder. The litigation concerned the issue whether a minority shareholder (with a 20% participation) can demand the retroactive application of a so-called recognised accounting standard (i.e., IFRS, Swiss GAAP FER, US GAAP or IPSAS).

  • Defence of a member of the board of directors in three related liability cases, some of which before the Commercial Court of Zurich and in appeal proceedings before the Swiss Federal Supreme Court.

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