Commercial contracts

 

We assist our clients throughout the contractual process, from pre-contractual matters to the performance of the contract. We advise our clients in drafting letters of intent, contracts, and general terms and conditions.

Our lawyers are particularly experienced with international trade contracts, as well as with leases, employment, agency, brokerage, wealth management, consortium, distribution, franchise, secured financing, licensing and shareholders agreements.

Corporate law

Eardley Attorneys benefits of wide and in-depth expertise in corporate law. We advise shareholders, CEOs and companies whether it be SMEs or listed companies. Our clients benefit from our experience in selecting the suitable legal form and the appropriate structure when founding the company. We also take care of all the usual legal formalities needed to ensure the effective functioning of the company, such as holding the General meeting of the shareholders, putting in place the necessary tools in order to ensure optimal management (organizational rules, for example) and keeping the shareholders’ and economic owners’ register. Our skills also extend to company governance, reorganization, restructuration and company financing, and administrators’ and auditors’ liability.

Banking law and financial services

Located in Geneva, Switzerland, an important banking and financial hub, Eardley Attorneys advises on the one hand banks, as well as financial institutions such as portfolio managers, trustees, securities firms and fund management companies, and on the other hand their institutional, professional and private clients, in their relations with their business partners, the Swiss Financial Market Supervisory Authority (FINMA) and supervisory and/or anti-money laundering self-regulatory bodies. We carefully monitor Swiss and international regulatory developments in order to anticipate the challenges of tomorrow’s banking and financial world, including measures against white-collar crime.

We assist our clients in setting up new business structures and in obtaining necessary authorizations and memberships. Our activities include the elaboration and update of financial contracts (deposit, management and advisory agreements, commission agreement, account opening documentation, etc.). We also provide expert advice on the regulation of financial products.

Eardley Attorneys is uniquely positioned on licensing matters before the FINMA on account of its vast experience in this field and its long-lasting professional ties with this regulator.

Real estate

Eardley Attorneys assists its clients in all forms of real estate transactions, including organization of consortiums, development and management of real estate projects, planning and follow-up of land settlement procedures, and contractual negotiations. We also offer expert advice on compliance with administrative formalities such as planning and follow-up of zoning procedures, building authorizations, purchase authorizations for foreign individuals and entities, appeal proceedings and public procurement procedures. In addition, our law firm has an extensive experience in advising landlords (private or institutional, commercial or residential real estate) in their relationships with their tenants and assisting them before courts.

Litigation

Eardley Attorneys offers first-class representation in all dispute resolution matters, in particular in proceedings before Swiss courts.

We assist clients in resolving their dispute through all methods of dispute resolution and enforcement: negotiation, mediation, representation before state courts, enforcement of judgments and awards, and debt collection. Our lawyers are qualified to act in litigations before all Swiss state courts and they have in-depth experience in commercial, civil, criminal and administrative matters.

We also assist clients with international disputes raising issues of Swiss law or having ramifications in Switzerland which may require temporary or permanent injunctions, freezing of assets deposited in Switzerland, or Swiss law opinions.

Mergers and acquisitions

Eardley Attorneys offers full-fledged legal advice and assistance in mergers and acquisitions involving start-ups, small, mid-sized and large businesses. Our thorough expertise enables us to structure a sale or purchase in the most efficient manner from a tax, time and costs perspective, while meeting our clients’ objectives, often in cooperation with trusted international tax advisers and accounting firms.

We frequently assist international law firms and investment banks in mergers and acquisitions involving Swiss companies. Our boutique firm structure allows us to offer a very responsive and first-rate service at a competitive fee.
We have been recently involved in mergers and acquisitions, in the form of share or asset deals, across a number of sectors, including in the IT business, the food, air transportation, health, real estate and printing industries. In addition, our law firm is active in transactions involving financial institutions, oil companies and hotels.

Trust and estates

Our firm offers a full range of trusts and estates legal services. We provide assistance with the drafting of wills and trust deeds, as well as with litigation and asset searches. We provide cost-efficient and tax-compliant solutions, with a commitment to full client satisfaction and peace of mind.

Eardley Attorneys has built a strong network of internationally-renown professionals offering trusts and estates services in key jurisdictions. This network enables us to deliver first-rate services to an international clientele with domicile or residence in Switzerland or abroad, while ensuring compliance with all applicable legal provisions.

Employment law

Eardley Attorneys advises employers and employees in all aspects of their employment relationships, both domestically and internationally. We provide expert advice in the negotiation and drafting of employment contracts and internal policies, staff secondments, transfers of employment contracts, termination, and collective dismissal. We also act in employment-related legal areas, such as immigration (work and residence permits), mergers and acquisitions, competition, social insurances and pensions.

We regularly appear before administrative authorities and courts to defend our clients’ interests. We also assist them in alternative forms of dispute resolution, such as negotiation and mediation when appropriate.

Torts

We offer an extensive range of legal services in the field of tort law. We provide personalized assistance to our clients throughout their disputes, from the outset to the resolution of the matter with adverse parties and insurers. Our firm takes all the necessary steps to obtain compensation for the injuries and losses suffered, including personal injuries, death, medical assistance, professional or domestic disability, and moral harm. Our broad network of professional connections within the insurance industry enables us to ensure a swift and efficient resolution of disputes, including by obtaining the reimbursement of at least part of the legal fees.

Family law

Eardley Attorneys is specialized in family law both on a national and international level both in contentious and non-contentious matters. Our expertise covers all fields of family law, notably divorce proceedings, protective measures, modification or complementation of judgments and procedures relating to common law marriage, to children (filiation and paternity, parental authority, custody, etc.) and to the protection of the personality (for example restraining orders). We also assist our clients in enforcement of foreign judgments proceedings.

White-collar crime and asset recovery

Eardley Attorneys has a long-standing experience in white-collar crime matters. We frequently and actively advise companies, individuals or States in all aspects of this field. In particular, we assist and represent our clients in complex multi-jurisdictional criminal and mutual judicial assistance proceedings, typically in cases of fraud, corruption, money-laundering and cybercriminality.

We further advise our clients in taking effective steps to locate and recover the proceeds of cross-border fraud and other financial crimes.
Eardley Attorneys’ white-collar crime practice is further recognised for its conduct of internal investigations and for its experience in compliance issues arising under anti-corruption, anti-money laundering and sanction regulations.

Arbitration

Our firm offers assistance in both internal and international arbitration matters. Our extensive experience in this field has been acquired in ad hoc and institutional arbitrations, in particular in ICC’s International Court of Arbitration and the Swiss Chambers’ Arbitration Institution proceedings. Our arbitration experience also extends to investment disputes, in particular to proceedings under the Arbitration Rules of the International Centre for Settlement of Investment Disputes (ICSID). Moreover, several partners of the firm have served in both commercial and investment arbitrations as either co-arbitrator or president of the arbitral tribunal.

Our services also cover proceedings before the Swiss juge d’appui, appeals to the Swiss Supreme Court against arbitral awards, and include all actions necessary for the enforcement of a Swiss or foreign award.

Eardley Attorneys – Rue De-Candolle 16 – 1205 Geneva Switzerland
Phone +41 22 328 13 13 – Fax +41 22 320 41 09

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