Newsletter 2/19: Competition from employees ceasing to work for an employer – prevention and safeguarding interests
When an employee ceases to work for an employer, loyalty to his employer is put to the test. There is a great temptation to solicit the former employer’s clients for personal gain and to exploit manufacturing or other trade secrets for the employee’s personal benefit or the benefit of a competing business. This newsletter shows how companies can prevent this and how they can defend themselves against prohibited conduct by employees who no longer work for them.
Braun Martina / Hostettler Yannick / Müller Melanie
Andrea Strahm / Martina Braun / Yannick Hostettler / Melanie Müller, Eighth Edition, London 2019, pp. 248-259
Solvency requirements for Insurers in Europe and Brazil – A comparative law analysis
In: Revista Opinão.Seg, Editora Roncarati, S. 23 ff., 16. Mai 2019
If, in addition to benefi tting family and friends, some of the assets of a person’s estate are intended for charitable purposes, foundations are often considered as possible recipients of these funds. It may, in some cases, also be necessary to transfer a proportion of the assets to a foundation or to set up a foundation while the person is still alive.
Die Verjährung im Recht der direkten Bundessteuer und der harmonisierten kantonalen Steuern (in German)
IFF Schriftenreihe Finanzwirtschaft und Finanzrecht, Band 115, Bern 2019
Schifferli Michael A.
Commentary on Articles 35 - 44 of the CISG
In: Peter Mankowski (ed.), Commercial Law, IEBL International and European Business Law, Munich/Oxford/Baden-Baden, 2018 (together with Prof. Christoph Brunner)
Graf Karin / Umbach-Spahn Brigitte
Recognition and Enforcement of Foreign Arbitral Awards in Swiss Insolvency Proceedings – lessons learnt from the decisions of the Swiss Federal Supreme Court in the Swissair case (in German)
Summary of the article in the ASA Bulletin, Volume 36, No. 4, 2018: When can a foreign arbitral award be enforced in Swiss insolvency proceedings against the insolvent defendant? This question arises because according to the pro-visions of the NYC, enforcement may be refused if the subject matter of the dispute is non-arbitrable. The arbitrability of insolvency-related claims is contentious under Swiss law and actions to contest a schedule of claims are portrayed as being non-arbitrable. In the Swissair case, the Supreme Court has now rendered various deci-sions dealing with the significance of foreign civil judgements for the assessment of claims and related schedules of claims proceedings in Swiss insolvency proceedings. The principles thereby developed can be applied to arbitration and lead to the identification of four different scenarios. These scenarios are discussed in the article.
This article analyses selected current and future challenges in the technology sector, focusing on typical legal risks and challenges, typical legal structure of tech deals under Swiss law, dealing with legal risks and challenges in tech deals, and challenges of blockchain technology and cryptocurrencies.
Braun Martina / Künzler Oliver / Nater Marc / Schott Eva
The sixth annual complimentary guide to understanding M&A practices around the world with an Asia-Pacific focus
Arbeitsrecht und SchKG
In: Wolfgang Portmann/Adrian von Kaenel (Hrsg.), Fachhandbuch Arbeitsrecht, Zürich 2018 (in German)