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
FINMA circular on market conduct rules extended to apply to insurers. Following the entry into force of the new Swiss rules on insider dealing and manipulation in the revised Stock Exchange Act and the implementation of the Stock Exchange Ordinance on May 1 2013, the Financial Market Supervisory Authority (FINMA) conducted a consultation process for an amended circular.
Standard form contract available online constitutes valid prorogation of jurisdiction. On July 1 2013 the Federal Supreme Court(1) clarified that the Lugano Convention 2007 (on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters) offers the possibility to choose Switzerland as a neutral jurisdiction for companies domiciled in any of its member states (EU member states, Norway, Iceland and Switzerland), even if the companies are not domiciled in Switzerland.
Strict rules for disclosure of risk factors confirmed. In a recent decision the Federal Supreme Court dismissed the appeal of an insured individual who challenged the rescission of a private insurance contract for misrepresentation.
Personal liability of board members for abusive lawsuits. In a 2012 case, the Federal Supreme Court held that lawsuits brought by the board on behalf of a Swiss company limited by shares against minority shareholders entailed the personal liability of the board members pursuant to Article 754 of the Code of Obligations, because the board had breached its duty to treat all shareholders equally regarding their entry in the share register. This was characterised as an abuse of law that triggered such personal liability.