Education and Experience
- Zurich and Geneva Universities (lic. iur. 1984)
- Clerk at district court (1984-1985)
- Trainee at Zurich law firm (1985-1987)
- Dr. iur., admitted to bar (1987)
- Foreign Associate at leading Chicago law firm (1988)
- Attorney-at-law at Zurich commercial law firm (1989-1993)
- Partner at Zurich commercial law firm (1993-1996)
- Founding Partner Badertscher Attorneys at Law (1996)
- Member of various boards of directors
- Zurich Bar Association (ZAV)
- Swiss Bar Association (SAV)
- International Bar Association (IBA)
- Swiss Fiscal Association
- International Fiscal Association (IFA)
- Center For International Legal Studies, Salzburg
- International Law Office (ILO)
- Schweizerische Gesellschaft für Haftpflicht- und Versicherungsrecht (SGHVR)
- Member and selected attorney on Who’s Who Legal
Amended rules on insurance supervision. The revised Insurance Supervisory Law has been in effect since January 1 2006. The need for further revision has been revealed through lessons learned from the global economic and financial crisis and the introduction of risk-based solvency measuring methods including:
the Swiss Solvency Test;
the European Insurance and Occupational Pensions Authority’s 2011 equivalence test; and
l the Financial Sector Assessment Programme of the International Monetary Fund’s 2013 analysis.
New anti-money laundering rules affect bearer shares in Swiss companies. In 2012 the Financial Action Task Force (FATF) – an inter-governmental body whose member jurisdictions represent the world’s most important financial centres– issued revised recommendations for the fight against money laundering, terrorism funding and other dangers to international financial market integrity.
Nanotechnology – can insurance play a role in regulation? Nanomaterials are often referred to as the key technology of the 21st century. However, the effects of nanoparticles, especially in the long term, are unknown due to a lack of scientific data. This uncertainty represents a major challenge for both the legislature and the insurance industry if they play a role in regulation.
Clawback risks increase for board benefits of privately held Swiss companies. In two appeals the Federal Supreme Court recently clarified, under Article 678(2) of the Code of Obligations, when exactly board members and their close associates and affiliates must return benefits received from a Swiss company because they are manifestly disproportionate to the value of their related performance and the company’s overall economic situation
Supreme Court decides on ambiguous clauses in general insurance terms. The Federal Supreme Court recently issued a decision(1) on the rule of ambiguity in the context of the interpretation of general insurance terms. The court found that a provision which excludes accidents as a result of the deliberate causation of a crime or offence is neither considered unusual nor ambiguous, and can therefore be validly be relied upon by the insurer.
New Federal Supreme Court guidance. On October 16 2014 the Federal Supreme Court decided an appeal (4A_138/2014) against a Zurich Commercial Court decision and clarified important issues under mandatory Swiss company law.