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MLL Meyerlustenberger Lachenal Froriep Ltd logo
MLL is a leading Swiss law firm with a history that dates back to 1885. The firm has grown both organically and by means of strategic mergers, the…
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MLL Meyerlustenberger Lachenal Froriep Ltd | Switzerland | 27 Sep 2021

Question of fact or law – court sheds light on longstanding issue in Swiss patent law, or does it?

In a recent decision, the Federal Supreme Court dealt with the long-disputed question of whether the assessment of patent claims is fundamentally a question of law or a question of fact. In finding that the interpretation of patent claims must not be interpreted in an empirical but in a normative manner, the Court held that the interpretation of patent claims is a question of law.
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MLL Meyerlustenberger Lachenal Froriep Ltd | Switzerland | 19 May 2021

Selective opting-up clauses under takeover law: recent Takeover Board and FINMA rulings

In a recent decision, the Takeover Board had to assess the validity of a selective opting-up clause. Unlike a general opting-up clause, a selective one applies only to a certain pre-defined transaction or to certain beneficiaries. Against this background, this article outlines the conditions for the valid introduction of a selective opting-up clause and summarises two key considerations of......
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MLL Meyerlustenberger Lachenal Froriep Ltd | Switzerland | 27 Apr 2021

Reporting of beneficial ownership: impact on listed companies

Swiss law rules that the ultimate beneficial owners of a Swiss corporation must be disclosed to the company. Parliament recently enacted a revision of the disclosure provisions, streamlining the notification obligations and providing stricter penalties for non-compliance. This article outlines the notification obligations for Swiss corporations with registered shares, when either the target......
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MLL Meyerlustenberger Lachenal Froriep Ltd | Switzerland | 21 Apr 2021

Reporting of beneficial ownership in private equity transactions

Swiss law rules that the ultimate beneficial owners of a Swiss corporation must be disclosed to the company. However, in a typical private equity structure, the economic ownership rights on the one hand and the management and control rights over the portfolio companies on the other hand usually fall apart, making it difficult to identify one or more typical beneficial owners. To remedy......
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MLL Meyerlustenberger Lachenal Froriep Ltd | Switzerland | 6 Apr 2021

New DLT law in practice: tokenisation of rights

In 2020 Parliament passed a law to incorporate crypto assets and digital ledger technologies into Swiss law. This article focuses on the practical implementation of the recent changes to the Code of Obligations which provide for the introduction of ledger-based securities. This new form of dematerialised security enables the digitalisation and tokenisation of rights and financial instruments......
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MLL Meyerlustenberger Lachenal Froriep Ltd | European Union, Switzerland | 22 Mar 2021

Limitation of patents during infringement proceedings – case law and strategic considerations

Over the past two years, patent owners have frequently limited patents in suit during infringement proceedings in Switzerland. Two recent Federal Supreme Court decisions have illuminated how and at what stage in the patent proceedings limitations are possible. While bringing some long-awaited clarity, the recent case law also raises new questions and issues for patent owners to consider in......
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MLL Meyerlustenberger Lachenal Froriep Ltd | Switzerland | 17 Mar 2021

Corporate and financial reorganisation: an overview

It has become increasingly clear that after the initial shock caused by the COVID-19 lockdowns, businesses will face lasting challenges. Against this background, a growing number of investors will need to assess how to deal with distressed business units or entire companies. This article provides an overview of corporate and financial reorganisation options, particularly with regard to the......
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MLL Meyerlustenberger Lachenal Froriep Ltd | Switzerland | 16 Mar 2021

LIBOR transition challenges

The UK Financial Conduct Authority will stop supporting the London Interbank Offered Rate at the end of 2021. According to the National Working Group on Swiss Franc Reference Rates, the Swiss Average Rate Overnight is the proposed replacement standard. This article explores the challenges that the transition period poses for national and global market participants.
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MLL Meyerlustenberger Lachenal Froriep Ltd | Switzerland | 16 Feb 2021

Risk profile, implied acknowledgment of transactions and how to set about starting litigation

The Federal Tribunal recently rendered a decision in a dispute between a bank and its client, a company, with regard to a (discretionary) wealth management contract. The claimant sought damages from the bank for a loss relating to the performance of the contract. This decision serves as a reminder of the fundamental issues of substantive law and gives food for thought in terms of the legal......
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MLL Meyerlustenberger Lachenal Froriep Ltd | OECD, Switzerland | 3 Feb 2021

Indirect counterproposal to CRI – impact of new reporting and due diligence duties on M&A transactions

As the Corporate Responsibility Initiative was rejected, an indirect counterproposal will likely enter into force, introducing reporting duties for companies of public interest and due diligence duties for companies active in certain high-risk areas. The potential penalties and liability, and the potential reputational risks stemming from violations of these duties, are relevant for the......
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