Christophe de KALBERMATTEN, LL.M., M.C.J (NYU)

Partner
Languages
    French, English, German, Italian
Bar admission

Geneva Bar (2000)

Ohio Bar (1996 – non practising)

New York Bar (1995 – non practising)

Valais Bar (1992)

Admitted as a Notary Public (1992)

Contact details

cdekalbermatten@pplex.ch

+41 27 327 33 33
+41 22 702 15 15

+41 27 327 33 34
+41 22 702 14 14

Christophe is a pragmatic lawyer with an excellent knowledge of the legal affairs of large and medium corporations. This enables him as lawyer and notary public to lead complex mergers & acquisitions and real estate projects. Christophe also advises the board of several manufacturing companies on a permanent basis. He is finally also active in the reorganization and insolvency field and acts as liquidator of regulated entities on mandate of the FINMA.

Education

  • New-York University (M.C.J., 1995)
  • Heidelberg University (LL.M., 1991)
  • University of Geneva (Licence en droit, 1990)

Positions Held

  • Partner, PYTHON (2003 to date)
  • Associate, PYTHON (2001-2002)
  • Attorney, Jones Day Reavis & Pogue, Geneva (1998-2001)
  • Attorney, Jones Day Reavis & Pogue, Cleveland, USA (1995-1998)
  • Attorney with Hayman & Baldi, Zurich (1993-1994)
  • Trainee Attorney, Dallèves & Allet, Sion (1990-1992)

Memberships

  • Swiss Notary Public Association
  • Swiss Bar Association
  • Geneva Bar Association

Rankings

  • 2019

  • Lawyer International – Legal 100 – Client Choice – M&A Lawyer of the Year in Switzerland
  • Commercial Law Award, Legal’s Finest 200

Selected Publications

  • Devenir actionnaire de son entreprise motive les salariés, Interview to SECO (Swiss federal office of economy), portail PME, interviews, 2018
  • Acheter ou vendre un logement, in Immobilier et Logement – une résidence secondaire à l’étranger (no 31740 ff), Memento du particulier 2012/2014/2016/2019, Editions Francis Lefebvre
  • International Handbook “Suisse”, a study on Corporate, Commercial, Real Estate and Social Laws of Switzerland. This book also includes a presentation of Banking, Finance and Tax laws (by co-authors Etienne von Streng and Nicolas de Gottrau). Published at Editions Francis Lefebvre, January 2007 (544 pages); re-edited 2011 (570 pages)
  • Acquisition of Real Estate in Switzerland by Foreigners, A few changes changed it all: the example of Valais, Swissstyle 2008
  • Modèles commerciaux dans la forteresse US, PME Magazine, August 2001
  • Le capital-risque en Suisse. La nouvelle loi fédérale et les projets législatifs en cours, (co-author with Luc Enderli and Etienne von Streng), L’Expert-comptable suisse 6-7/2000, pp. 649-658
  • Raising Capital in Switzerland, Foreign Limited Partnerships not Subject to the Swiss Federal Law on Investment Funds, Corporate Counsel’s International Adviser, Issue Nr. 140, January 1997, pp. 17-19

Speeches

  • Speaker on capital raising and control issues for start-ups, 24 April 2015, Conthey PhytoArk
  • Speaker on Stock option plans and other plans to allow founders and employees participation, 5 October 2011, Sierre TechnoArk
  • Speaker on the liability of the board members of a Swiss corporation, 31 October 2008, Sierre TechnoArk

Recent M&A cases

  • Lead counsel to Vima Link SA, a start-up company in the field of artificial intelligence, in a first financing round raising several millions Swiss francs from an investment fund and strategic investors in the second quarter of 2019
  • Lead counsel to Steinhoff group (publicly listed retail group including over 40 brands including Conforma) and coordinator of local counsels in several jurisdictions for the sale of Steinpol  Central Services, Prolog Vertiebs et Quattro Mobili to group Cotta, including production facilities, operations and trademarks in Poland, Hungary, Austria and Germany in the first quarter of 2019 (see press release)
  • Lead counsel to Swiss group Boas Yakhin (leading private operator of elderly homes in Western Switzerland) in its sale of its elderly homes in Switzerland to group Tertianum and of its related real estate to a real estate fund (2015-2018)

Recent litigation cases

  • Introduced and lead successfully on behalf of citizen Beglé appeal against a Swiss federal votation resulting in landmark Swiss Supreme Court case, which overturned by decision of April 2019 for the first time since 1848 a federal poll in relation to taxation of married couples (case based on constitutional rights and voting rights, ATF 1C_338/2018, see BBC News)
  • Conducted successfully litigation for a group of companies in Geneva Courts resulting in condemnation in February 2019 of an investment fund to damages for breach of preliminary talks in relation with the contemplated sale of a subsidiary
  • Defended successfully a company up to the Swiss Supreme Court against a key executive in a claim for bonus based on EBIT (decision of December 2017 and published in 2018 as a key case – see the publication)

Other significant cases

  • Sale of a Swiss chemical company to a German chemical group
  • Liquidation of financial intermediaries on behalf of FINMA
  • Acquisition of a Swiss watch manufacturer
  • Advisor to a major international software company on IT contracts
  • Advising a Swiss hotel group on real estate and management and operating contracts
  • Lead external legal advisor to a major oil trading company
  • Legal advisor of a start-up incubator of start-ups and attorney and notary public for start-up companies
  • Lead attorney in a complex and large-scale international probate and inheritance litigation dispute in Switzerland
Testimonials

The real estate department at PYTHON is considered to be ‘very professional, client focused and reliable’. Clients recommend the ‘responsive and thorough’ Christophe de Kalbermatten.

 

The four-partner practice at PYTHON handles corporate advice, reorganisation and transaction matters for domestic and international clients. Christophe de Kalbermatten is one of the key contacts.

 

Legal 500 EMEA 2019

 

PYTHON counts institutional investors, commercial users and private individuals among its clients, whom it advises on transactions, construction projects and agreements, Lex Koller matters, financing, leasing, environmental aspects and the full spread of contentious real estate issues. The practice assisted Promoroches with its sale of luxury resort Chalet RoyAlp Hotel & Spa to a Chinese financial group per asset deal. Christophe de Kalbermatten and Marc Iynedjian head the practice, while Jean-Christophe Hocke is the third key partner.

 

Legal 500 EMEA 2018

 

Known for its energy-sector strength, PYTHON’s ‘excellent’ practice regularly acts for key client Engie, recently advising it on the Nord Stream 2 joint venture. Marc Iynedjian and Christophe de Kalbermatten are recommended.

 

Legal 500 EMEA 2017