Cross-border litigation, regulatory proceedings and judicial assistance

Many of the proceedings we represent our clients in have an international element. Our litigators are internationally minded and are admitted to practice in different jurisdictions (common law and civil law alike). Particularly, given our decades-long experience in various types of cross-border disputes, we have considerable knowledge and experience with different kinds of foreign jurisdictions and procedures, which we regularly rely on when devising innovative strategies for the benefit of our clients. We are well versed in using different procedural means alien to Swiss procedural law, but offered by foreign jurisdictions, creating a strategic and evidentiary advantage for our clients. This spans from the strategic use of Mareva injunctions and Anton Piller orders available in common law systems to obtaining broad discovery by means of US procedural tools such as 28 U.S. Code § 1782 (discovery in aid of foreign proceedings).

Also, our litigators have particularly deep experience in cross-border disputes with criminal law components (white-collar, tax evasion). We have been involved in some of the largest cross-border criminal investigations and proceedings involving Swiss-based parties where our litigators have gained unique insight and knowledge into the particularities of foreign governmental agency conduct in global white-collar matters. We are furthermore regularly involved in judicial assistance proceedings (both based on Mutual Legal Assistance Treaties and statutory law) and well acquainted with the means available to help protect our clients’ interest in terms of data transfer to foreign authorities.

Representative matters:

  • Teaming up with an elite global law firm in acting for a Swiss-based commodities trader in US discovery conducted in the State of California in aid of a Swiss defamation lawsuit (28 U.S. Code § 1782).

  • Acting on a co-counsel basis with an elite English law firm in representation of a Saudi contractor in Mareva injunction proceedings before the London Commercial Court.

  • Acting on a co-counsel basis with a leading BVI law firm in representation of a Eastern European national in obtaining a global freezing order against its Belgian joint venture partner.

  • Acting for former shareholders of a Swiss based pharmaceutical company in US Freedom of Information Act proceedings in cooperation with an elite global law firm in aid of a post-M&A dispute litigated before Swiss state-courts against the purchasers of the pharmaceutical company.

  • Acting for a global sports federation in criminal proceedings launched in parallel in Switzerland by the Swiss Office of the Attorney General (OAG) and in the US by the US Department of Justice (DOJ).

  • Acting for the top management of a Swiss financial institution in criminal proceedings launched in the US by the US Securities and Exchange Commission (SEC) and the New York Department of Financial Services (DFS).