The firm is engaged in current topics in the Swiss and international legal world. Here you will find the latest publications from Köstenbaum Avocats, as well as contributions from their collaborators to various studies and research.



We are proud to announce that, as part of a ranking organized jointly by the magazine “Bilanz” and the newspaper “Le Temps”, our firm Köstenbaum Avocats, has been designated as one of the top Swiss law firms for the year 2020.

This distinction honours the Firm founded in 1976 as well as the skills of our partners, associates, and staff.

We take this opportunity to thank you for your trust and loyalty, while we remain available to provide you with tailor-made legal services.

Pleading before the Criminal Appeals Chamber, Cedric BERGER and David F. BRAUN obtained a significant reduction in the sentence of their client, accused of unfair management practices and breach of trust. The court also revised the ruling of the Federal Criminal Court of Switzerland, which had ordered their client to compensate the complainants in the amount of nearly CHF 40 million, acknowledging that the complainants had not clearly proved the damages they claimed.


Zwischen Flitterwochen und einem Rechtsstreit um 7,6 Millionen Franken: das turbulente Jahr des Chris McSorley
Nicola Berger, Lugano

Nach mehr als zwei Jahrzehnten hat der Entertainer Chris McSorley den Klub gewechselt und erlebt als Trainer des HC Lugano Frühlingsgefühle. Mit seinem langjährigen Arbeitgeber Genf/Servette streitet sich der Kanadier aber weiterhin um viel Geld.

Bezirksgericht Zürich - Urteil vom 23. April 2021 - Septembre 2020
Bezirksgericht Zürich - Urteil vom 23. April 2021 - Juillet 2020
The Abramovich trial gets to the heart of the matter

Köstenbaum Avocats law firm took part in the defence of Mr Roman Abramovich in a major trial in Fribourg that ended in an amicable settlement.

Swiss judges are charming French tax authorities

Embedded in the Swiss tax pool, a recent ruling by the Swiss Federal Supreme Court authorises French authorities to call into question the tax residences of French citizens living in Switzerland.

Retrocessions: Unfair management, a new pitfall ?
Par Me Cedric BERGER et Me Louis MUSKENS

This article examines the impact of the Swiss Federal Supreme Court's jurisprudence in matters of retrocession (ATF 132 III 460; ATF 137 III 393 and ATF 138 III 755) on the criminal level, and more specifically, the punishability for unfair management (article 158, chapter 1 of the Swiss Criminal Code) of an asset manager who may have kept retrocessions and other financial service kickback commissions without informing their client.

Civil claims following a criminal conviction
Par Me Cedric BERGER et Me Louis MUSKENS

Current tax disputes inevitably involve the transmission of personal data to foreign authorities, including the names of bank employees who have served tax-exempt customers.
This contribution analyses the claims that a bank employee could make against their employer following a criminal conviction abroad by suggesting various arguments that would overcome or even help to develop restrictive jurisprudence on the matter.