V-Card
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
Memberships
- 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
Languages
- German
- English
- French
PUBLICATIONS
Clawback risks increase for board benefits of privately held Swiss companies
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 term
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.
Group cash-pooling limitations – new Federal Supreme Court guidance
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.
General insurance terms integral to insurance agreement
General insurance terms integral to insurance agreement. In a recent decision the Federal Supreme Court held that general terms and conditions can be included in an insurance contract, even if the application makes no reference to the date of the terms and conditions and it remains unclear which version is applicable.
New limitations on cash pooling?
New limitations on cash pooling? Cash pooling is often used within a group of companies for financial management optimization purposes. However, a recent Zurich Commercial Court decision risks jeopardising the use of cash pooling by setting overly onerous standards for the characterisation of an intra-group payment in the
cash pool as a legally permitted intra-group loan.
Insurance fraud through omission – qualified duty to act required
Insurance fraud through omission – qualified duty to act required. In a recently published decision the Federal Supreme Court quashed a criminal verdict of the Supreme Court of the Canton of Basel-Country and held that insurance fraud by omission requires a qualified duty of the perpetrator to act.
