Marc R. Büttler

Marc R. Büttler

lic. iur., attorney-at-law, LL.M., Partner

Education

University of Bern, Faculty of Law (lic. iur., 1994); Boston University School of Law (BUSL), Boston, LL.M. in American Law (1997/1998); admitted to the bar (1999)

Professional Experience

Scientific employee Federal Office for Communications (OFCOM, 1994-1997), District Court of Signau-Trachselwald, Langnau i.E.; trainee with two mid-sized business law oriented law firms in Bern (1998/1999); associate with the law firm since 2000 (partner since 2007)

Languages

German, English, French

Preferred Areas of Practice

We have a longstanding experience in advising and representing corporate and private clients in media law matters and related disputes. Our law firm offers comprehensive legal advisory services to  national as well as foreign radio and television broadcasters, media companies and businesses providing IT and telecommunication services. In doing so, we not only provide expertise with regard to the incorporation, but also for the long-term establishment and positioning in the market taking into account regulatory requirements and characteristics of the media policy. Moreover, our law firm deals extensively with copyright and related right issues including the interaction  with collecting societies. We regularly represent clients in the acquisition and protection of vested rights of intellectual property rights or industrial property rights (copyright, trademark law, designs, patents), be it out-of-court, in relevant legal proceedings before the competent authorities and courts or by drawing up contracts. Our law firm supports clients defending their rights of personality and data protection, namely regarding potential infringements in the field of the Press and (social) media (including procedures before the Independent Complaints Authority for Radio and Television; ICA). To complement this our attorneys draw on their comprehensive knowledge in the field of unfair competition and antitrust legislation.
The advice and support of companies and individuals in (pre-)litigation and arbitration proceedings are core skills of our lawyers:
  • Pre-Litigation: We analyse the factual and legal situation, assess the litigation prospects and risks of your case and - if appropriate - conduct out-of-court settlement discussions with the counterparty.
  • Litigation and Arbitration: We develop sustainable litigation strategies and draft efficient legal submissions, assist you in court hearings and meetings with authorities and - if necessary - challenge court decisions.
Furthermore, we advise and represent our corporate clients in national and international arbitration proceedings in manufacturing, commercial as well as (financial) services related legal fields. Our lawyers are also regularly being appointed as experts or arbitrators. We have profound experience in legal advisory and representation services to corporate and private clients with regard to proceedings in the field of international mutual assistance in civil, administrative and criminal matters (including the areas of information exchange in the field of international criminal tax, financial markets, transfer of cultural property and sanctions control). Notably, this includes counselling and representing clients regarding:
  • the transmission of information and evidence abroad
  • cross-border inter-corporate investigations
  • issues concerning data protection
  • the detection and recovery of assets in Switzerland
  • the seizure, unfreezing and repatriation of such assets
We advise our clients on all aspects of corporate and commercial law and - if requested - also represent our clients before courts in all related issues and disputes. Our proven real estate specialists offer legal advisory services to private and corporate clients on real estate projects as well as tenancy law related issues.In particular, we offer the following services:
  • incorporation of companies, corporations and establishment of branches
  • company reorganisations and restructurings
  • drawing up customised shareholder agreements and transfer Agreements
  • establishment of company structures incl. by-laws and other internal regulations and directives, such as rules on management transactions, insider trading, data protection, anti-corruption etc.
  • governance and compliance matters
  • providing advice and support in organising shareholders' general meetings of listed and private companies: invitation, script, coordination of shareholders‘ ledger, keeping of the minutes, independent shareholders’ representative
  • duties and liabilities of board members and Management
  • agreements with regard to board members and senior Managers
  • succession planning and inheritance law
  • providing legal support for start start-ups
  • mergers & acquisitions, incl. due diligence
  • due diligence process (including zoning and real estate register law issues)
  • contracts on real estate transactions
  • drafting of property by floor regulations
  • contracts of work and Services
  • enforcement of warranty claims / protection against warranty Claims
  • tenancy law disputes

Publications

Informationsrecht – Deutschland rüstet auf.

über Mediendienste der Länder vom 17. Februar 1997 und zum “Multimedia-Bundesgesetz” vom 13. Juni 1997 Zeitschrift für Immaterialgüter-, Informations- und Wettbewerbsrecht (sic!), 4/1997.

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Information Highway – Rundfunk- oder Fernmeldedienst?

Reto M. Hilty (Hsg.). Information Highway, Beiträge zu rechtlichen und tatsächlichen Fragen, Bern und München 1996.

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