Jakob Eschbach

Jakob Eschbach

LL.M., attorney-at-law (Germany)

Education

University of Konstanz, Jurisprudence (First State Exam 2021); Legal Clerkship at the District Court of Waldshut-Tiengen, followed by Second State Exam (2023); Admission to the Bar at the Bar Association of Freiburg im Breisgau, Germany; Admission to the list of foreign lawyers by the Cantonal Supervisory Commission of Zurich pursuant to Art. 28 FMLA; FernUniversität in Hagen, LL.M. (2024)

Professional Experience

Lectureship at the Chair of Civil Law University of Konstanz (2021/2022); Legal Intern at the law firm (2023); Associate at the law firm since 2023

Languages

German, English

Preferred Areas of Practice

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
We have extensive experience in advising and representing companies and their executive officers and directors in both national and complex international restructuring and insolvency cases:
  • representation of creditors or debtors in restructuring and insolvency cases
  • representation of creditors in creditors’ committees
  • representation of creditors or debtors in enforcement, attachment, garnishment or seizer proceedings
  • representation of creditors, debtors or insolvency estates in litigation proceedings (see also Litigation and Arbitration)
  • running insolvency proceedings as commissioner (Sachwalter), extra-ordinary trustee in bankruptcy (ausseramtliche Konkursverwaltung) or liquidator
  • advising and supporting foreign bankruptcy trustees to attract and include assets located in Switzerland within the foreign bankruptcy estate
  • provision of legal or expert opinions on matters of Swiss insolvency law

We have a profound knowledge of and extensive experience in legal advisory work and representing banks, pension funds, asset managers and family offices as well as private clients in all national and international (cross border) matters of banking and financial market laws and regulations, namely:

  • Contracts / General Terms and Conditions: Drafting and advancement of contracts as well as general terms and conditions related to banking and financial markets
  • Loan Security: Contracts on loan securities, bank guarantees etc.
  • Digital Banking: Development of legally compliant digital procedures and related documents
  • Opinions: Drafting of legal opinions and expert opinions
  • Collective Investment Schemes: Foundation and Distribution
  • Directive System: Drafting and implementation of directives, internal rules, by-laws and regulations etc.
  • Investigation: Advice and support with regard to internal investigations
  • Outsourcing Legal: Provision of outsourced legal services as a relief of internal legal and compliance
  • Regulatory Matters: Advice on regulatory developments and their internal implementation
  • Litigation: Advice and representation of financial institutions as well as institutional and private clients in (pre-)litigation and arbitration proceedings (see also Litigation and Arbitration)

Your contact person according to area of practice