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.

An impartial assessment of the chances and risks is the be-all and end-all of a procedure. How good is the evidence? How credible are the witnesses? How much will all this cost? Where is the legal situation clear, and where does the judge have considerable discretion? The mutual information gap between lawyer and client is enormous at the beginning of a case. A joint comprehensive discussion of the facts of the case together with the associated opportunities and risks is therefore all the more important. And the earlier, the better.

Looking beyond the horizon

Purely civil cases are rare. Questions from other areas of law and the competences of special authorities, such as unfair competition or cartel law, criminal law, or a variety of countless special laws, regularly arise in a dispute. It goes without saying that we delve into all aspects, not just the obvious. We help plaintiffs and defendants to define and implement the right overall strategy, whether civil, criminal or administrative proceedings. This includes securing and enforcing claims in compulsory enforcement proceedings.

Communication: The court of public opinion

Court proceedings often represent a reputational risk for a company and require an appropriate communication strategy. We provide comprehensive advice in conflict situations and include not only all legal options but also the public perception of the client in the strategy. We regularly work with communication experts and ensure that you and your company are prepared for a media storm outside the courtroom.

The cost implications: Winning at all costs?

What is the benefit of a victory that deprives a client of their economic livelihood and ultimately amounts to a defeat? Sustainable litigation results can be unachievable unless the overall economic situation of the client is considered. We attach great importance to cost-efficient advice ensuring that necessary provisions are made and that sensible options for litigation financing are exhausted.

Alternative dispute resolution: Everything but going to court

A dispute does not necessarily have to end up before a state judge. Methods of alternative dispute resolution such as mediation, national or international arbitration or mixed forms (MedArb) open up more cost-effective, faster or other better tailored ways of settling a dispute to meet the specific needs of all parties. In the event of a conflict, advice begins way in advance of reaching court to ensure the right path is taken to resolve the dispute. In this way costly court disputes can often be avoided.

Mediation: Helping people to help themselves

We practise dispute resolution through mediation in addition to the perspective of the advising lawyer. Our partners Alexander Rabian, Rolf Herter and Christoph Wildhaber not only accompany and support our clients in mediation proceedings, they also regularly act as mediators themselves and help each involved party to find an out-of-court settlement within the structured framework of mediation.

At Streichenberg, we are more than familiar with the concepts of the cloud, big data, agile development, IoT, AI, robotics, Industry X.0, data protection, cyber security and XaaS. They are the foundations that will enable us to guide you and your company into the future. Your challenges at the interface of digitisation, technology and law are our strengths.

Business idea: hand in hand with the legal strategy

What if you have a convincing business idea, but you see the legal issues and requirements as a hurdle? With our support, the law will become the way to your goal rather than an obstacle. We are certain that it is easier to implement a project and company strategy that has been designed with the law in mind, e.g. with good contracts. These are the first steps in the development of a stable and satisfying business relationship between customer and provider. The interests and concerns of both parties have to be addressed and reflected in the contract in clear, simple and understandable language. This is our core competence. But we will also be by your side if difficulties arise during the course of the project, such as due to cost overruns, delays, ambiguities, defects or change requests. We will always align our advice with your business model.

Digitisation: solutions for tomorrow already today

Are you planning to digitise your operations and to expand your online business? Depending on the industry, there are various regulatory requirements that you must bear in mind. Although the legislation is not as agile as technical and digital developments, we will work with you to find solutions that are sustainable and will correlate with the legal requirements for the long term.

Do you already OUTSOURCE or are you still working in TEAMS?

From collaboration with subcontractors to project teaming and through to IT or business process outsourcing in the regulatory domain (e.g. R&D or pharmaceuticals), different outsourcing projects present various challenges. We have the insight to guide you towards your target. Our long-standing experience with international transactions in this area helps us to identify and understand the mutual interests of customer and provider, and therefore to structure and negotiate the deal accordingly.

Are you still developing or are you already offering XaaS?

The basis for a digital transformation is also sharing IT infrastructure with others or using software as a service and thereby being able to scale it quickly according to requirements. This allows existing resources to be focused on the core business, but it does also raise questions, such as: What needs to be considered? Does it matter where my data is located geographically? And who ultimately owns the newly developed software? We will also advise you on which legal aspects must be taken into account for waterfall, agile development or DevOps, and if you want to set out such methods contractually, we have the answers and solutions.

Data:  the currency of the future

These days, data is often referred to as the currency of the future. For you, too, your data has a value that should not be underestimated. So, it is important to secure this asset contractually, conceptually and technically. Data protection and data security are not only part of compliance, but also part of value creation. You also need to take a holistic view of which cloud solutions are used within the company and which data is stored where. What was once “nice to know” is these days a responsibility of the executive management – with regard to the GDPR and the Data Protection Act as well. We will help you to implement a data management policy and to generate the necessary awareness among employees, customers and suppliers. We will also guide you pragmatically and in a solution-oriented manner on your path to compliance, with tools, contract texts, analyses and implementation recommendations.

Like many other areas of law, employment law is highly exposed to current world events as well as constantly changing social topics and is developing rapidly. We offer our clients competent, comprehensive advice and support in all day-to-day and new challenges of employment law and provide customized solutions.

Contract drafting

The employment relationship gives rise to innumerable rights and obligations for both parties. The foresighted drafting of an employment contract can make a substantial contribution to avoiding future conflicts. We support you in negotiating and drafting contracts, including accompanying documents such as expense regulations, employee handbook or whistleblowing guidelines. In addition, we advise you on all aspects of compensation.

Smooth daily business

We are also familiar with the daily challenges for employers and employees, be it in relation to the pandemic with home office and short-time work, the regulatory requirements of public employment law or the rules of the Gender Equality Act. We analyse and optimise your processes in onboarding as well as in offboarding and thus help you to identify potential conflicts and to avoid or amicably resolve them through a proactive approach.

Termination

An employment relationship can be terminated unilaterally by one party or the parties can mutually agree on termination. Both situations involve certain risks and mandatory provisions of the Code of Obligations must be observed. We are happy to support you, drafting and reviewing notices of termination, termination agreements or reference letters and also advising you on communication matters. Unfortunately, court proceedings cannot always be avoided. In this case we represent you with commitment and competence.

Non-competition and non-solicitation undertakings

Post-contractual non-competition and non-solicitation clauses in employment contracts regularly provide a target for conflicts and even lengthy court proceedings. The courts have a wide scope of discretion in its assessment. Therefore, there are various court decisions that must be taken into account. We provide you with advice and support, are always up to date and represent you in court.

Restructuring and optimization

Many processes in business life directly affect the employees of companies: Legal entities are sold or merged and there are corresponding employee transfers or mass redundancies. New customer relationships are to be established or processes optimized, which can be achieved with personnel leasing or outsourcing, for example. Perhaps you want to recruit employees from abroad or establish a new company or branch in Switzerland and hire employees. We support and accompany you in these processes and obtain the necessary permits.