Publications

Product Safety in Mechanical Engineering: the rules of the game between producer and authority	Christoph Isler	epartners Newsletter
The Swiss federal Court of Administration has decided a case in favour of the Producer, whose machine was qualified as unsafe. Christoph Isler illustrates the relevancy of harmonized technical standards and describes the rules of the Swiss law of Product Safety to handle such conflicts. It is worthwile to question the legitimacy of the authority’s actions from time to time.
New gTLDs - new addresses in cyberspace	Alexander Schmid	epartners Newsletter
The January 2012 epartners IT-Newsletter gives an overview over the application procedure with respect to new generic top-level domains (gTLDs) and set out what risks the advent of new gTLDs poses for the owners of trademarks and other rights.
New generic top-level domains – an overview	Alexander Schmid	Jusletter 2011
The article gives an overview over the application procedure and the legal risks associated with the advent of new generic top level domains 2012/2013. (The article is written in German.)
White paper on outsourcing strategies	Urs Egli
Outsourcing should only be taken into consideration for mature IT environments with clearly defined and standardized service levels. The white paper sets out the pros and cons of outsourcing strategies with a special focus on IT governance issues. (The white paper is written in German.)
Software protection: What exactly is protected by law?	Urs Egli	epartners Newsletter
Swiss copyright only protects the code of software but not the underlying logic. In the leading case on the topic, a software manufacturer could not prevent a former partner company from creating a competing software whose functionality was practically identical. It is therefore of great importance that software manufacturers treat their source code and the underlying development concepts as a trade secret. (The newsletter is written in German.)
Assembly and installation of plant parts – the purchaser has obligations, too	Christoph Isler	epartners Newsletter
The preconditions to a successful plant construction project include well-planned assembly and installation cycles as well as a planned commissioning. The newsletter discusses the obligations of the purchaser and the relevant rights of the contractor. (The newsletter is written in German.)
No gain no pain – construction stop in case of payment default?	Michael Merz	epartners Newsletter
Contractors often wish to stop the execution of their work if the developer is in default with payments or challenges changes in pricing due to changes in the scope of the work undertaken by the contractor. This can be a great risk for the contractor due to the legal nature of his obligation. (The newsletter is written in German.)
Liability clauses in IT agreements	Urs Egli	epartners Newsletter
Using a decision of the Swiss Federal Supreme Court as the backdrop, the article analyses the statutory liability of IT suppliers and explains why and in what way the business model of an IT supplier should be taken into account when drafting liability clauses for IT agreements. (The newsletter is written in German.)
Review of Annette Willi's dissertation "IT-Governance as a task of the board of directors"	Urs Egli	Jusletter 2011
Today, the terms "governcance" and "compliance" are overused. This makes Dr. Annette Willi's dissertation, which by using commercial and technical concepts makes the terms "IT governance" and "IT compliance" tangible for lawyers, all the more welcome.
Jurisdiction clauses in agreements that are concluded via a website	Alexander Schmid	Jusletter 2011
The article deals with the validity and enforceability under Swiss law of jurisdiction clauses that are made a part of a contractual agreement through their inclusion in general terms and conditions that are included via a checkbox in a web checkout process. The article discusses a recent judgment of an appellate court in which it was held that such jurisdiction clauses are not enforceable. (The article is written in German.)
Bank guarantees in plant construction projects - absolute security?	Christoph Isler	epartners Newsletter
Guarantees from banks or insurance companies are a common tool used to control project and counterparty risks. The security of the purchaser comes at the price of the limitation of the supplier's freedom to act. The newsletter pleads for moderate requirements as to the kind, amount and temporal validity of such guarantees. Furthermore, the newsletter addresses the most critical requirements as to the form of such guarantees. (The newsletter is written in German.)
Purchaser cooperation obligations in software implementation projects	Urs Egli Alexander Schmid	epartners Newsletter
This article deals with a recent judgement of the Swiss Federal Court, in which the Swiss Federal Court considers the question of what the purchaser's obligations are in relation to a software implementation project. (The article is written in German)
Social networks and employment	Urs Egli	Jusletter 2011
Social networks are having a dramatic impact on the communication process. The Internet is interactive and borders are blurring, also those between private, public and working life. The author examines the employment law aspects of this development. He discusses controversial issues such as the admissibility of bans on utilization or the screening of job applicants in the Internet, and suggests ways to communicate within companies by means of social networks without being in conflict with employment law and data protection law regulations. (The article is written in German)
The new Federal Act on Product Safety and its significance for the construction site inventory	Christoph Isler	epartners Newsletter
The new Federal Act of Product Safety brings changes for the construction industry with respect to the procurement and operation of the construction site inventory. The publication reveals the most important principles and innovations, and provides advice on dealings in practice. (The article is written in German)
Contract for works and services: additional services without an approved appendix – no right to payment?	Michael Merz	epartners Newsletter
Contracts, general terms and conditions and the like often contain notification obligations and form provisions, which, if not complied with by the supplier, trigger a release of the purchaser from its obligation to pay additional charges. The article points out how these partly impractical conditions can be met practically and how to prevent the supplier's claim for remuneration from being lost. (The article is written in German)
The contract in plant engineering – a guideline for practitioners	Christoph Isler
The booklet covers the most important points that a plant constructor needs to take into consideration when concluding national and international contracts. It is helpful to differentiate between important and unimportant aspects, to manage contract risks, and to encourage the client to understand the position of the plant engineer. (The booklet is written in German)
Legitimization through process – the journey is the destination: Niklas Luhmann's thesis on the legitimizing effect of litigation	Urs Egli	Jusletter 2009
In the opinion of sociologist Niklas Luhmann, it is not about terms such as "truth" and "justice." He believes that the function of litigation is very simply to channel a conflict and thus to render it harmless for society. (The article is written in German)
Software Development by Employees	Urs Egli	ArbR 2007
The article focuses on legal questions in relation to software that is developed by employees during their employment relationship. In addition to the protection of software due to intellectual property rights and competition law, the confidentiality obligations of the employees are of heightened importance. The article analyses the intellectual property rights situation and the conflicts of the employee's confidentiality obligations with his right to use his experience in further employments. (The article is written in German)
IT Procurement	Urs Egli	AJP 2005
IT purchasers have various strategies at their disposal when purchasing IT products or services. The may use standard terms of purchase of IT user organizations, use their own standard terms of purchase, or negotiate on the basis of the services or supply agreement of the supplier. The article analyses, from the purchaser's perspective, which statutory regulations are to be considered when negotiating different types of IT purchasing agreements and gives advice with respect to the negotiation and drafting of such agreements. (The article is written in German)