Lalive

Multidisciplinary approach

Areas of practice

BackTechnology, Media and Telecommunications

LALIVE provides a comprehensive range of advisory and dispute resolution services in the technology, media and telecommunications (TMT) sectors, and on related matters such as intellectual property and competition law.

In the information technology (IT) sector, the firm provides advice on issues such as software development, distribution, licenses and maintenance, general e-commerce related issues pertaining to website development, access, hosting, joint venture and affiliation contracts, as well as online advertising. Furthermore, it provides comprehensive advice on companies' obligations to comply with Swiss and European data protection legislation. 

In the telecommunications sector, the firm provides advisory services regarding the structuring, financing and negotiation of large international telecom transactions in various contexts, such as licences and concession agreements, joint ventures, mergers and acquisitions, privatisations, bidding processes and public procurement. The firm also provides advice on Swiss, EU and foreign regulatory frameworks, best international practices, matters of international investment and trade law, including WTO regulations, and legislative, reforms

LALIVE has extensive experience in the prevention, management and resolution of disputes in the TMT sectors including disputes before telecom regulatory authorities and disputes handled through international arbitration and other forms of ADR. 

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With respect to IT, the firm has handled disputes relating to trademarks, copyright infringements, violations of trade secrets and domain names, and in the telecommunications sector, relating to the construction of telecommunication networks, the supply of telecommunications equipment, interconnection agreements and anti-competitive practices. 

LALIVE's clients include local and international telecom operators, carriers, resellers and equipment and services suppliers, international financial institutions, governments, regulatory authorities, international investment banks, investment funds, lenders, as well as telecom consulting firms. Lawyers of the firm specialising in the TMT sectors regularly publish articles and speak at international conferences on current issues in these fields.




Selected Assignments

Advisory:

  • Advising an international Qatar-based film producing and TV broadcasting company in relation to various corporate and regulatory issues, including the setting up of an international film studio, in order to invest in the international film sector, develop, finance and produce theatrically released films, and to market and distribute the production output
  • Acting for a Japan-based international telecom network operator and services provider of Voice Over Internet Protocol services (VoIP) to be provided out of Switzerland in relation to the review of global privacy policies, service terms and other related Swiss regulatory requirements
  • Advising an Eastern European inter-carrier SMS/MMS services provider in connection with various Swiss telecom regulatory matters relating to its entry into the Swiss market, including E.164 number blocks, international signalling point codes (ISPCs), and interconnection and infrastructure sharing issues
  • Advising an IT support and development start-up company in relation to the drafting and negotiation of several IT services and software development agreements

Disputes:

  • Representing a leading European telecommunications company in a USD230 million shareholder dispute with an Asian company before an ICC Tribunal and coordinating enforcement proceedings in Europe and Asia
  • Representing one of the largest electronics multinationals worldwide in a USD 115 million IP dispute arising under a cross-licensing agreement with one of the world's leading mobile telephone manufacturers (arbitration under the ICC Rules of Arbitration and parallel state court litigation in several jurisdictions)
  • Representing an international telecommunication equipment provider in a USD 40 million arbitration under the ICC Rules of Arbitration against another provider concerning the supply and installation of submerged telecommunications equipment
  • Representing a state-owned telecommunications company in a USD 20 million dispute conducted under the ICC Rules arising out of the termination of a contract for the creation of a billing platform in the Balkans entered into with the Cypriot subsidiary of a NYSE-listed technology company
  • Advising Swiss investors in an investment dispute with a South American State in the media (TV and radio) sector arising under a bilateral investment treaty

Publications

IT-/Info-Flaschenhälse und KartellrechtFranz Xaver Stirnimann, Rolf H. Weber, 2007

sic! 2/2007, pp. 85-93



Rapport final du Colloque « L’individu face aux nouvelles technologies »Eleanor Cashin Ritaine, 2005

In: Publications de l'Institut suisse de droit comparé, éd. Schulthess, 2005,No. 51, pp.159-166



Aktionsplan zur Förderung des elektronischen Geschäftsverkehrs in der SchweizFranz Xaver Stirnimann, 1998

sic! 6/1998, pp. 603-607



Recommendations

Lalive is especially strong in the telecoms sector. It recently advised an international telecom network operator on Swiss regulatory requirements following its acquisition of a music streaming service provider.
Legal 500, Switzerland, TMT (Tier 3), 2016


Lalive is especially strong in the telecoms sector.
Legal 500, Switzerland, TMT, 2015 and 2016


Lalive acts for local and international telecoms companies, financial institutions and consulting firms, alongside governments and regulatory authorities.
Legal 500, Switzerland, TMT 2014


Within TMT, Lalive is a second-tier firm, Lalive's lawyers show 'excellent responsiveness and attention to detail' as well as 'problem solving attitudes'. Technology, media publishing and telecoms are all strong areas for the team.
Legal 500, Switzerland, TMT 2013, Tier 2

 


Lalive's 'innovative and able' TMT practice has experience advising clients on structuring and financing large telecoms deals. TMT dispute resolution is another area of great strength.
Legal 500, Switzerland, TMT 2012, Tier 2