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Extra-territorial scope of the GDPR: the EDPB finally publishes its draft guidelines
12. Dezember 2018

Our newsletter presents the legal clarifications offered by the draft guidelines.

26. November 2018
Pay for performance - Performance-oriented variable compensation models

BianchiSchwald’s second labour law event was resounding success. Members of our labour law, dispute resolution and unfair competition team shared their experience and recommendations on the various compensation components, purposes of variable compensations and potential pitfalls (presented by Cyrill Süess, Managing Associate of the firm), on the nature of provisions and the best options to amend them (presented by Adrian Trutmann, Associate of the firm), and on pay for termination, the legal limitations of headhunting and ways to claim damages after employees have been targeted (presented by Dr. Christoph Gasser, Partner of the firm).

22. November 2018
Yves de Coulon appointed by the Geneva Government as President of the FPLC

On November 14th, 2018, the Conseil d’Etat de la République et Canton de Genève (the Geneva Government) appointed Yves de Coulon, BianchiSchwald’s partner and Head of the firm’s Real Estate and Construction practice group, as chairman of the board of the FPLC (Fondation pour la promotion du logement bon marché et de l'habitat coopératif) for a five year mandate. This designation will come into effect on December 1st, 2018.

The FPLC is a public law foundation established by the general law on housing and tenant protection (LGL). Its main goal is to increase social housing in Geneva to reach a 20% target of the total rental market of the Canton as set by the law on social housing (LUP). The FPLC is a major player of the Geneva real estate market, as developer, owner and builder. It is also a member of the State of Geneva’s land policy group and it works closely with the services of the canton's Territory Department. Yves de Coulon has been a member of the FPLC’s board for the last five years. According to the LGL, the Foundation's board members "are chosen for their expertise in the fields of activity of the Foundation”.

12. November 2018
Energy contracting in rental properties

Bianchischwald Partner Mathieu Simona wrote a contribution in the Jusletter law review addressing energy contracting in rental properties, in particular the possibility for the landlord to pass the costs to the tenants.

5. November 2018
Latest contribution of Thomas Goossens in L’AGEFI

Within the AGEFI’s monthly Supplément “Indices”, Thomas Goossens explains why cryptocurrencies may soon be added as a new asset class for institutional investors.

Preventive detention as a means to ensure the expulsion of a convicted person, in light of the decision of the Swiss Supreme Court 1B_61/2017 of March 29 2017 (ATF/BGE 143 IV 168)
22. Oktober 2018

In an article published in the specialized criminal law review ForumPoenale, Matthias Bourqui and Clara Wack discuss the current regime applicable to the preventive incarceration of people sentenced to an expulsion from the Swiss territory in order to guarantee that their expulsion will be executed. A recent decision of the Swiss Supreme Court sheds more light on this technical issue but still remains insufficient to provide clear legal conditions when the person is convicted to a suspended sentence but is nevertheless sent back to jail to wait for his expulsion.