Verhältnis EU-Schweiz Medizinprodukte

Pharmaceuticals and healthcare

Failed EU-negotiations: What will change for medical devices?

Matthias Stauffacher  •   Dr. Christoph Willi, LL.M.  •   June 2021

Besprechung auf Dachterrasse

Competition and Regulatory

Halten sich Deine Franchisenehmer an Preisempfehlungen?

Melanie Käser  •   Dr. Oliver Kaufmann  •   Dr. Christoph Wildhaber  •   May 2021

Rolf Herter

Article

Interview mit Rolf Herter: "Oft geht es um Emotionen und weniger um Geld"

May 2021

Neuwagen beim Autohändler

Competition and Regulatory

Missbrauch relativer Marktmacht im Automobilvertrieb

Dr. Oliver Kaufmann  •   April 2021

Treppenhaus

Distribution law

Hast Du den Blick für das grosse Ganze?

Melanie Käser  •   Dr. Oliver Kaufmann  •   Dr. Christoph Wildhaber  •   April 2021

Medizinprodukte

Pharmaceuticals and healthcare

Medical devices: Swiss authorized representatives after the New Medical Device Regulation - What needs to be considered?

Matthias Stauffacher  •   Dr. Christoph Willi, LL.M.  •   April 2021

Schweizer Bundeshaus

Competition and Regulatory

Relative Marktmacht: Drastische Ausweitung der Missbrauchskontrolle im Schweizer Kartellrecht

Dr. Oliver Kaufmann  •   March 2021

Fracht Flughafen

Pharmaceuticals and healthcare

New Medical Device Regulation: Is this now the end for parallel imports?

Matthias Stauffacher  •   Dr. Christoph Willi, LL.M.  •   March 2021

Baum

Distribution law

Hat Dein Vertrieb System?

Melanie Käser  •   Dr. Oliver Kaufmann  •   Dr. Christoph Wildhaber  •   March 2021

Treppenhaus

IT legislation and data protection

Digital Transformation in Switzerland

Angelica Dünner-Graf  •   Melanie Käser  •   Matthias Stauffacher  •   February 2021

Spiegelung Kunstbild Reception

Distribution law

Sind Dienstleistungs-Konzepte geeignet für Franchising?

Melanie Käser  •   January 2021

About us

Your external legal provider with an eye for the essential.

Beatmungsgeräte

Pharmaceuticals and healthcare

Medical devices: New challenges

Matthias Stauffacher  •   Dr. Christoph Willi, LL.M.  •   March 2021

Bücher

Criminal law

Managing reputational damage

Criminal cases have serious consequences for the parties concerned. Both the victim and the accused can suffer not only financial losses and severe penalties but also painful reputational damage. Competent support can mitigate this impact on a person’s good name.

Focus Areas

Ideally, a situation does not reach this point. This holds true for all legal cases, but especially so in criminal law. Criminal cases are a profound experience for everyone involved, and one that may affect them for years. So, competent and reliable legal advice is all the more important. Streichenberg represents private individuals, companies and their employees in national and international criminal cases, mainly in relation to offences in the business world.

Victim

Crimes often lead to financial losses and can harm the reputation of aggrieved individuals and companies. We will help you restore the legal order, bring a charge and enforce your claim for damages in the most efficient manner. Compensation and redress can also be sought by bringing a civil action, in court or out of court. Out-of-court resolutions may be cheaper and preserve the reputation of both sides.

If the charge or complaint is not accepted, or the proceedings are suspended, we will check whether the corresponding decisions are lawful or should be challenged.

Accused

From the initial contact with the criminal, police or administrative authorities through to any judgement at the final appeal stage, we will be by your side with expert support. Together we will develop a defence strategy, examine risk optimisation measures and implement these appropriately. If necessary, this will include efforts to reach an out-of-court settlement to make amends as well as the settlement of disputes with private plaintiffs. We will make sure that victims and witnesses are examined correctly and will support you in enforcing your rights in the criminal proceedings. Where there is a risk of damage to your reputation, which is a delicate issue, especially with well-known personalities, we will bring in experienced communication partners as reinforcements.

If coercive measures are imposed, it is important to behave correctly. We will assist you if house searches are made and assets or documents are seized. Immediate action is advisable to protect secrets.

If you receive a penalty order, you will only have ten days in which to appeal. So, do not hesitate to contact us directly.

Risk management

Business activities are increasingly regulated, so there is often a fine line between legal and illegal. We will review your business model and advise your company on criminal and regulatory risks. As part of this, we can devise internal guidelines and regulations as well as assist you with training and communication measures. If you decide to make a voluntary declaration under tax law, you can also count on our experience.

Internal investigations and prevention

If you suspect regulatory or criminal violations within your company, such as theft or embezzlement, you must act with great care. We will conduct internal investigations and bring a criminal charge, if necessary. We will coordinate the criminal prosecution or provide assistance with reports to the regulatory authorities. At the same time, the right steps must be taken under employment law. For example, caution is required when it comes to dismissals based on suspicion. And finally, criminal offences within a company call for adequate communication with shareholders and employees as well as preventive measures to make sure that no further crimes occur.

International cases and legal assistance

Cases involving foreign countries are usually complex. As a first step, the legality of the requested legal assistance measures should be reviewed. The exchange of information between foreign criminal prosecution authorities must be monitored closely in order to challenge decisions immediately if there are risks to the accused parties. The same applies to accused persons who are confronted with extradition or enforcement requests from third countries. For example, foreign requests for legal assistance often do not meet legal standards, and this is readily disregarded by the Swiss authorities.

Arbeit am Computer

IT legislation and data protection

Digital Transformation in Switzerland 2021

Angelica Dünner-Graf  •   Melanie Käser  •   Matthias Stauffacher  •   January 2022

Rabatte Arzneimittelhandel (simona)AdobeStock_281373876.jpeg

Pharmaceuticals and healthcare

Rabatte im Arzneimittelhandel

Matthias Stauffacher  •   Dr. Christoph Willi, LL.M.  •   March 2019

Anwalt auf Stockerstrasse

Competition and Regulatory

Wenn Hersteller auf Rabatte verzichten

Dr. Oliver Kaufmann  •   October 2019

Rechtsanwalt Rolf Herter, M.C.J.

Humour has tremendous power. When nothing else is working, laughter gets things moving again, even in legal disputes. It can help loosen and resolve even the most entrenched situations. Our goal is always an amicable agreement between all parties, but if that is not possible, as an attorney-at-law, I must in extreme cases be prepared to take a clear stand in court.

Clear communication is therefore very important. I see myself as a kind of business law general practitioner who makes the initial diagnosis. Not only does this require me to be a good listener with broad knowledge and quick analytical skills, it is also crucial that my clients always understand me. Diplomacy isn't always the best solution; sometimes I also have to speak plainly and take a strong stand.

Not only do I speak plainly, I also act on my words and keep my promises. As Managing Partner, it is my role to blend the very different people we have in this law firm, each with their own individual needs. Nobody should take themselves too seriously because, at the end of the day, we are all equally insignificant. Every time I hike in the mountains I experience this feeling. I believe that this is also a factor in successful mediations.

Main Focus

  • Litigation and arbitration
  • Commercial and corporate law
  • Contracts
  • Succession planning and inheritance
  • Private clients

Languages

  • German
  • English
  • French

Experience

1997
New York University, M.C.J.
1993
Admitted to the bar
1989
University of Zurich, lic.iur.

Experience

  • Senior court clerk with a Zurich district court and with the State Court of the Canton of Zurich
  • Internship with Holland & Knight Haight Gardener, New York
  • Associate attorney with an international commercial law firm in Zurich

Memberships – Publications – Specialties

  • Registered at the Zurich Bar Association

  • Member of the Bar Examination Commission of the Canton of Zurich

  • Member of the Zurich and Swiss Bar Associations

Cvijeta Teodorovic

Streichenberg offers trainees twelve months of practical preparation for the bar exam. While university courses impart the necessary theoretical knowledge in isolation, the job of an attorney-at-law requires the ability to interlink different fields of law as well as an in-depth understanding of the legal context.

What jobs can you do as a trainee, and what do you learn from them?

From day one trainees are introduced to the work of an attorney-at-law and are allowed to work on cases independently. Every job is very practical and involves not only legal research and writing legal documents, but also taking part in negotiations. From the outset, trainees are expected to assume responsibility, contribute ideas and devise possible solutions for clients. This means a steep learning curve, although there is always someone on hand if support is needed.        

What is the most exciting thing that you've done in the legal field so far? (work, case, work environment, etc.)

I have already been able to take on many exciting tasks. Prior to my traineeship with Streichenberg I worked in the legal department of a multinational company in the construction industry where my main duties included providing corporate legal support for the group. For example, with company start-ups or corporate governance projects, and also in handling supply contracts in German and English. I am now able to leverage this experience at Streichenberg.  

What is important to you for your career?

I am always looking for a challenge and am keen to develop and learn new things. What I consider just as important is a work environment that challenges and encourages me and where I can thrive as a person. I have found this at Streichenberg.   

What expects substitutes at Streichenberg?

For this reason, trainees at Streichenberg are not assigned to just one partner; instead, they can get involved in all areas and are actively encouraged and guided. This gives them a broad insight into the different fields and activities. They have contact with clients and authorities, learn what is needed for a court brief, and how to compose a successful legal document. This requires a desire to learn, flexibility, and absolute reliability..

Rechtsanwältin Melanie Käser

My job is like tennis: ability alone is not enough; you also have to be ambitious and sharp-witted. I can’t just press on with my usual style. Instead, I have to adapt to the situation, grasp a (legal) problem quickly, and respond creatively. What I particularly like about my job as a lawyer is the advisory work, as I can act preventatively, often helping to settle disputes before they reach court.

Working with companies of different sizes and from various sectors gives me an insight into modern corporate and sales structures which never fails to fascinate me. I feel very much at home in franchising, agency and licensing law. I advise such business concepts and their owners on legal and conceptual challenges, also on a global level.

Fair play is important to me not just as a long-time tennis player, but in my professional environment, too. As an attorney-at-law, I consciously look not only for spectacular shots, but also for pragmatic solutions.

Main Focus

  • Distribution law (franchising, agency, licensing, etc.)
  • Commercial and corporate law
  • National and international contract law
  • IT and data protection law
  • Employment law (private and regulatory)
  • Legal support in spin-off projects of public municipality

Languages

  • German
  • English

Education

2017
Zulassung als Rechtsanwältin
2015
M.A. HSG Law & Economics, Universität St. Gallen
2013
B.A. HSG Law & Economics, Universität St. Gallen

Experience

  • Joined Streichenberg & Partner in 2015
  • Junior Compliance Officer with a major insurance company

Memberships – Publications – Specialties

  • Registered at the Zurich Bar Association

  • Zurich and Swiss Bar Associations.

  • Zurich Lawyers' Association

  • AIJA International Association for Young Lawyers

  • International Distribution Institution - Country Expert Switzerland for Franchising

  • CEO Swiss Distribution - Franchising, Agency and Licensing Association

  • Lecturer at the University of St. Gallen / Technical University of Munich (TUM), ’Executive MBA in Business & IT’ and ‘CAS HSG Management for IT Executives’

AdobeStock_322082817_lana_Alter

Pharmaceuticals and healthcare

Medizinprodukte: Droht ein Versorgungsengpass? Wie können Leistungserbringer sich davor schützen?

Matthias Stauffacher  •   Andrea Waditschatka  •   November 2021

Manuel Bader

It is often possible to quickly find a pragmatic legal solution which is economically viable. My clients know that they can reach me at any time – regardless of whether they have a general question or whether they have a specific problem. The more direct the communication is, the easier it is to work together.

One of my greatest strengths is my ability to see the bigger picture. This is why I particularly enjoy providing comprehensive support to companies and business owners. When criminal law, insurance law and commercial law overlap, lateral thinking is needed. A change of scenery can really help – for me, it's kayaking on Lake Zürich.

Going to court shows the various facets of the legal profession: first and foremost, expertise and experience are key to developing a successful strategy. Having a strong adversarial style is critical when in court. I have to think on my feet, argue convincingly and put forward a convincing case. My success lies in the right mix of conciseness and depth, smart ideas, and consistent follow-through.

Main Focus

Languages

  • German
  • English

Education

2021
Certificate of Advances Studies (CAS) in law of criminal procedure, University of St. Gallen
2013
Admitted to the bar
2009
University of Lucerne, Master of Law

Experience

  • 2018, Partner, Streichenberg und Partner
  • Associate in an international law firm in Zurich 
  • Associate in a specialized law firm for liability and insurance law in Zurich and Zug
  • Consultant for corporate tax matters at one of the big four trust companies in Zurich

Memberships – Publications – Specialties

  • Member of the Zurich Association
  • Member Swiss Bar Associations
  • Pan European Organisation of Personal Injury Lawyers (PEOPIL)
  • ELSA Alumni