Banking & Finance

We advise Swiss and foreign banks and other financial services firms in several areas of practice.

In conjunction with our firm’s dispute resolution group, we offer debt recovery / bankruptcy and dispute advisory services. For example, our firm advised banks in the context of the Madoff case (analysis of regulatory risks and of risks in respect of affected clients; negotiation of a settlement agreement with the Madoff trustee, sale of claim in BMIS estate; disputes with certain clients debtors to the bank; advice to bank’s bodies vis-à-vis criminal & civil liability risks, etc.).

We also advise our clients in disputes in connection with losses suffered by banks’ clients or caused by third-party asset managers themselves, in commodities trading or finance deals having run into difficulties as a result of fraud or sudden fall of goods’ value or of underlyings of financial products.

Our firm has internal English law skills in the area of financial services (notably outsourcing), as well as commercial contracts expertise. We work on a regular basis with foreign correspondents who are part of our wide network in all major financial centres in the world.

Our practice in particular includes:

  • Dealing with banks’ clients tax compliance matters (criminal and administrative international assistance; money laundering), including supporting Swiss banks throughout the accounts regularisation program between the United States of America and Switzerland;
  • Finance and credit deals, whether lead by Swiss banks (standard credit documentation, loan agreements, Swiss law guaranties) or having otherwise a connection with Switzerland, including potential dispute (legal opinion, taking of guaranties);
  • Expertise in alternative products, including structuration for private clients / asset managers; investors’ disputes regarding private equity products; situations of hedge funds held by banks as nominees – internal transfers (“grey market”);
  • Regulatory matters, including for financial products (FINMA approvals, drafting of funds distributors’ internal directives), stock market rules / FMIA (for example, shareholdings threshold disclosure), outsourcing (in accordance with FINMA Circular and UK FCA “SYSC” rules); eBanking and cross border data transfer contracts, including data protection issues.

Contact : Guillaume Fatio