As electronic and mobile commerce (E-commerce, M-commerce) supersede ways of traditional distribution, multifold legal questions arise from the idea for a new product or service through development and manufacturing up to the delivery of a product or service to a customer. Agency and distribution law address these questions. Two important elements in distribution law are research and development contracts and the preparation and implementation of the relevant research-related expertise. With respect to pharmaceutical distribution, legal issues range from drug discovery (Active Pharmaceutical Ingredient, API), to approval procedures to obtain marketing authorization by the relevant authorities including FDA, EMEA or Swissmedic, to ongoing quality control during manufacturing and storing at the wholesaler, who distributes the medicine once it is approved.
Luxury and high quality products, such as custom-made perfumes and premium textiles all involve typical distribution problems such as trademark design and registration as well as the implementation of an efficient sustainable marketing strategy through image recognition campaigns. Avoiding piracy and complying with consumer protection laws give rise to complex questions of distribution law. In the food industry expired shelf life, instability or contamination can cause unexpected health problems thus forcing a recall of the product. The resulting reputational damage can threaten annual results or even jeopardize the company’s future.
LANTER advises clients in developing and implementing online-distribution, E-commerce or M-commerce based business concepts and assists clients throughout all stages and aspects of agency and distribution law in Switzerland and Europe. We advise manufacturers and protect them against pitfalls and risks. We make sure that consumer protection risks are minimized and thus remain affordable. Our clients include the consumer goods and luxury products industry, the pharmaceutical and agrochemical industry, Swiss power engineering companies and automotive developers.
If your debtor is unwilling to pay, we advise and assist you in reminder, collection, enforcement proceedings, seizure and realization. In bankruptcy cases, we protect the interests of creditors.
We do not only assist creditors. In cases of private or enforced restructuring of your business with regards to your creditors may help to overcome a shortage of liquid assets. LANTER conducts talks with all creditors during private restructuring, reallocation of debts, or composition proceedings.
We are also able to analyze distribution ranking plans and advise during and in connection with a creditors’ assembly.
Generally we provide legal support you not only for pledge, seizure and realization, but also in bankruptcy proceedings. Our focus is on a sustainable solution that protects your interests.
Competition law as applied in Switzerland creates an opportunity for parallel-importation of goods marketed via the internet. As a result, distribution and cooperation networks between companies emerge : Online-shopping, e-commerce, m-commerce. These distribution and cooperation networks themselves often give rise to their own competition law issues. In addition, fair trading plays an important role. We will review your strategy on fair competition and compliance under Swiss and European law and ensure that it complies with the Swiss statute against unlawful competition (UWG). At the same time, we will observe consumer protection and data protection regulations.
LANTER continuously monitors the development of this area of law in the European Union and the remainder of Europe, which facilitate international legal cooperation and harmonization. We are experts in Swiss and European competition law and will advise you on the drafting and implementation of business models involving the internet. We will also advise and represent you in administrative proceedings before the competition authorities and courts if necessary.
The protection of sensitive data has achieved remarkable significance not only in relation to computers. We offer our clients support for the protection of their personal data and proceed with all possible remedies against abuse in cases of illegal breaches of personal data, misuse of information or illegal collection and transfer of data.
This especially concerns the breach of data protection provisions of special laws (breach of business and fabrication secret according to the Federal Act against Unfair Competition) or of the Penal Code. In the name of our clients, we request for example the removal data which was obtained by breach of law and ask for damages in civil litigation. The aggrieved party can ask for damages, compensation for personal suffering.
Furthermore, we help companies to maintain the confidentiality of their business practices and manufacturing processes, whether they do research, development or the administration of knowledge. This is the case in relation to Switzerland, but also concerning data transfer across borders.
The complexity of Swiss employment law constantly increases. Many pitfalls must be considered when terminating an employment contract. Restructuring and mass layoffs are no longer feasible without the support of specialists.
Data privacy and gender equality legislation affect not only the employment itself, but also the recruitment process. Many employers, especially small and medium-sized enterprises, may not have fully realized that the requirements of employment law have significantly increased in number and complexity in recent years. This may lead to unpleasant surprises, for example in employment disputes before court. LANTER supports employers in all employment law matters with advice to avoid unpleasant surprises. We advise human resources departments, for instance in cases of the drafting of employment regulations or sexual harassment guidelines. We also represent our clients before the bar.
We also advise employees in conflicts with their current or previous employer. Since we represent employees and employers, we understand both sides. This allows a realistic assessment of the chances of success, and also helps in the search for viable solutions. Even if an amicable settlement may appear as the desirable solution, we will not hesitate, if necessary, to defend the case in court.
As a matter of principle, LANTER does not represent the interest of banks. We are therefore perfectly suited to represent bank staff in all respects and to defend their interests.
In our work, we benefit from a long-lasting practical and interdisciplinary experience in the legal and HR-related sector of large and medium-sized companies. This gives us a distinct affinity for human resources as well as a deep understanding of the interfaces with other areas of law, such as social security. In many cases, such as conflicts of interest, LANTER is recommended by other firms or retained for independent advice. This is especially true if English is indispensable as a working language.
Many wealthy people wish to provide a permanent legacy for worthwhile causes. Frequently they establish a Swiss foundation for this. The foundation is the only institution of Swiss private law in which an asset can be managed independently of decisions made by a general assembly. The direction of a foundation is exclusively determined by the wishes and instructions of the founder as laid down in the foundation deed. The Foundation Board will implement these.
Swiss legislation on foundations is one of the most liberal worldwide. Only a few articles of the Swiss Civil Code apply, thereby allowing an individual design of the foundation’s organisation. This, together with substantial tax reliefs for charitable institutions and donations made to them, causes the widespread popularity of charitable foundations in Switzerland.
LANTER supports founders in the conception of their foundation and helps them build optimal structures. This includes the drafting of the charter and of the pertinent regulations, the selection of the members of the board and of other bodies as well as communications with the supervisory authorities and tax administration.
Members of the board of existing foundations are supported by LANTER in the proper performance of their duties, in the complete and timely reporting to the supervisory authority, and in all matters of good governance.
It is of great concern to LANTER to sustain the liberal Swiss foundation law. We will therefore also engage politically to maintain the freedom of the foundations as well as the tax benefit of charitable activities. For decades LANTER has been present on the board of proFonds, the Swiss umbrella organisation of non-profit foundations and associations.
In Switzerland success in business is closely linked to legal matters relating to the residence and resettlement of foreign individuals and companies. The establishment of a new company often begins with the hiring of employees in Switzerland, at a time when the employer has no branch in Switzerland. In these cases we assist foreign-based employers by obtaining the necessary permits and registering them with the social security institutions. With our corporate expertise, we advise foreign clients wishing to establish a branch in Switzerland. We know from experience how the bilateral agreements between Switzerland and the European Union have come into play and how they affect daily business. We are therefore able to advise domestic and international clients in any cross-border issues.
LANTER also supports Swiss-based employers in the hiring of foreign nationals. In particular hiring individuals from non-EU/EFTA countries presents several obstacles in relation to employment and immigration law which need to be tackled. Advising domestic and foreign companies regarding the assignment of employees from abroad to Switzerland is our daily business, in particular with respect to employment, social security and immigration law issues.
When the Swiss Civil Code came into force in 1912, inheritance law primarily applied to transfers of assets that enabled the heirs to establish a livelihood. Through the development of society and the increase in the average life expectancy from 45 to 85 years, issues in succession matters have become increasingly complex. Our clients approach us either because they are seeking a succession plan for their business, in which case corporate and commercial law must be taken in account, or because they wish to plan their private estate, in which case the combination of inheritance law on the one hand and of matrimonial law or foundation law on the other hand is required.
The implementation of one’s last will, as well the capability of acting for the estate, can be secured by appointing an executor. Depending of the type of assets of the estate, various other areas of law besides the mere winding up of the estate must be considered. In such cases the interdisciplinary knowledge of LANTER is of particular value.
As a consequence of international mobility more and more cross-border issues must be dealt with. Citizenship, residency and location of assets may be subject to different jurisdictions, resulting in complex international issues to be resolved. Due to its worldwide network of correspondent law firms, LANTER can competently deal with such matters and provide you with appropriate solutions that perfectly fit your individual needs.
Swiss economic power is based to a significant extent on small and medium-sized enterprises (SME) with a high potential for innovation. Over the years, the number of Swiss SME has grown to over 550,000, each of which has its own purpose and history, one that may span several generations.
As time passes, generational changes and old structures must be replaced or improved. By reevaluating existing structures and adapting them to current business needs, unexplored potentials can be exploited. This results in a positive impact on the company’s profitable efficiency.
A situational and tailor-made segmentation of functions and assets will have a positive effect on a company’s value and is also essential for the successful implementation of succession plans.
LANTER offers advice in the planning and implementation of solutions. We keep sustainability and constancy in mind and seek to increases value. Our customized solutions take into account the particularities of the facts and are based on the long-term goals and possibilities of our clients. LANTER is a partner to its clients in all aspects of these changes, from transactions and planning, cost-benefit analysis, through negotiations with tax authorities to the contractual implementation.
We proactively seek to anticipate any necessary adjustments to the current trends in tax law. We accompany acquisitions and business expansions and solve special tax law problems that arise from the business. Tax litigation and representation before the tax authorities are part of our day-to-day business. Based on our experience we can develop tailor-made and unconventional solutions when necessary.
Those who own unique knowledge will strive to protect their rights. In all cases, access to valuable knowledge should be limited by legal measures to a small circle of insiders, on a need-to-know basis.
Effective protection of knowledge, patents, trademarks and design is our business. With appropriate agreements or licenses we ensure that your expertise stays yours, whether it is protection internally or protection in cooperation with third parties.
Trade secrets must be protected and/or patented. With the appropriate safety measures, such valuable knowledge is transferred to or shared with partners for production, joint ventures or distribution. This applies to know-how as well as patents.
Distribution requires the exploitation of trademark rights. We also advise designers with aspects of copyright or design protection law. LANTER also helps to free projects stranded in litigation or arbitration while observing Swiss and European antitrust legislation.
We assist in creating the legal framework for successful distribution. We also provide the optimum contractual framework among producers, distributors and related importers and export companies along the value chain. Related contracts are often limited in time. In case of conflict we accompany you in litigation and arbitration. You receive our support from a one-stop law firm for negotiating, signing, implementing and monitoring your contracts as well as, in case of dispute, resolving your conflict in or out of court.
We advise and protect projects in the pharmaceutical industry or in the agrochemical sector and draft contracts covering the entire research, development and production chain, from the invention of a new drug to product development, production scaling from laboratory conditions to industrial manufacture, patent protection, to out-licensing manufacturing and distribution. We deal with regulatory matters, various clinical trial phases and ethical requirements. We are familiar with the legal aspects to obtain marketing authorization from the relevant authorities and are aware of clinical trial challenges or related ethical questions. We also know how to assemble the medical and technical information so that the authorities can decide on market authorization. If objections to admission are made, we support chemists, physicians and pharmacists in dealing with the authorities. Together with patent-lawyers, we design patents to give you the necessary protection. All aspects of patents, from production to distribution, are familiar to us. Thus, we shape manufacture and distribution to your advantage. The client profits from a quick financial assessment, since our attorneys are familiar with calculation and accounting in case of damage and compensation claims.
Increasing regulations in the area of commercial law in general and finance law in particular have led to a corresponding increase in penal provisions relating to these same topics. Not only has the amount of legislation increased, but the courts interpret these provisions more and more extensively.
The outcome has been a sharp rise in white collar-crime investigation in recent years. Utilising information about future financial transactions for one’s own investment decisions has not been in the focus of the Swiss prosecutors for many years, however, this has now changed. Influenced by strict rules for financial intermediaries abroad, in particular in the US, courts in Switzerland have tightened up the rules for the finance industry.
Excessive bank charges may constitute a problem not only for the financial institutions but also for their employees, e.g. the client managers. The State Attorney Office of the Canton of Zurich has formed a special department which exclusively deals with white collar crime and has a special focus on the financial industry.
LANTER has a sound understanding of financial transactions and is therefore perfectly suited to advise employees of financial institutions at the interface between commercial law and criminal law. LANTER defends individuals in criminal and administrative proceedings. We handle not only typical white-collar crime cases but also represent clients in cases relating to stock exchange regulations or supervisory authority matters.
Prosecutors of various jurisdictions increasingly cooperate and grant each other mutual judicial assistance. In this context we ensure that the legal position of the individuals concerned is effectively safeguarded within the applicable legal framework. LANTER has longstanding experience in the area of international mutual judicial assistance in criminal and tax matters. Our broad competencies and our size make LANTER a perfect partner for individuals, companies and foreign law firms for assisting in mutual judicial assistance procedures in criminal and tax matters.