Cutting-edge ways of introducing and taking evidence – session report
The co-moderators Christian Casanova (Prager Dreifuss) and Cedric Chao (DLA Piper) summarise in this session report the discussions of the panel ‘Cutting-edge ways of introducing and taking evidence’, held at the IBA Annual Litigation Forum Conference in Zurich on 3-5 May 2017. The panel highlighted the possibilites new technologies and big data provide in aiding in the collection of data for court use, in the evaluation of potential jurors, and in the processing and presentation of large data amounts to courts, while also exploring the ethical and legal boundaries of the use technology.
What Revision of Swiss Data Protection Act Means
On September 15, the Swiss Federal Council published a bill for the comprehensive Revision of the Swiss Federal Data Protection Act. Dr. Hans-Ulrich Brunner and Raphael Keller present some of the key features of the bill, which will have a big impact on enterprises in Switzerland and their need to adjust compliance in data protection law.
Free at Last? A Contract for the ‘Professional Insured’
In June 2017 the Swiss Federal Council has adopted the dispatch to the Parliament on the amendments of the Insurance Contract Act (ICA). Christian Casanova provides in this briefing an overview on the most important changes. Of particular interest in the insurance of large commercial risks is the envisaged exemption from the regime of mandatory provisions for the so-called ‘professional insureds’.
Tax Newsletter November 2017: Country-by-Country Reporting for Multinational Corporations and Automatic Exchange of Information of Financial Data as of 1.1.2018
As of 1.1.2018, multinational corporations will be obliged to generate country-by-country reports. Further, certain financial data will be subject to the automatic exchange of information as of 1.1.2018.
Pre-emption rights – an unfailing source of conflict
In this briefing Christian Casanova highlights issues potentially arising from pre-emption rights in the sale of a co-property. In a judgment of 2 August 2016 the Federal Supreme Court had to decide whether the co-proprietor had validly exercised his pre-emption rights for particular parcels only in a situation where six parcels had been sold as an economic unity (Sachgesamtheit). The Court rejected an obligation of the co-proprietor to either exercise his pre-emption rights for all parcels or to otherwise completely desist of such an exercise. As a result, the co-proprietor was able to pick some of the parcels and the transaction as sale of an economic unity failed. This judgment exhibits the need to thouroughly analyse the propriety structure in real estate transactions and to integrate relevant third parties in time.