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Damian A. Fischer

PD Dr. iur., Attorney at Law, LL.M.

Partner

Damian A. Fischer is a corporate/M&A-lawyer with an academic background: The focus of his practice is on advising and representing clients in the field of contract, commercial and corporate law (incl. M&A-transactions, PE/VC, corporate restructurings), banking and financial markets law as well as real estate law. He teaches as an adjunct professor at the University of Zurich (UZH) in his areas of expertise (→ UZH-Profile). In addition to the traditional client representation, he regularly renders expert opinions on Swiss law in national and international court proceedings.

Expertise

Corporate and commercial law
Mergers and acquisitions
Start-ups, venture capital and private equity
Corporate governance
Restructuring and insolvency
Commercial contract law
Real estate law (incl. construction and planning law)
Banking and financial market law

Languages

German, English, French

Work experience

  • since 2017Attorney at Law at RUOSS VÖGELE, Zurich
  • 2013 - 2017Postdoc, lecturer at the University of Zurich / Attorney at Law
  • 2008 - 2012Attorney at Law at Lenz & Staehelin, Zurich
  • 2007 - 2008Academic assistant to Prof. Dr. Dieter Zobl, Chair for private, commercial, banking and capital markets law at the University of Zurich, and doctorate
  • 2004 - 2005Junior associate at Lenz & Staehelin, Zurich

Lecturing

  • since 2018Adjunct Professor (venia legendi for private and business law), University of Zurich
  • since 2021Lecturer in CAS programmes at the University of Zurich
  • 2019 - 2021Professor at Kalaidos Law School, Chair for private and business law
  • 2013 - 2018Lecturer at the Faculty of Law of the University of Zurich

Education

  • 2018Adjunct professor (venia legendi, private and business law), University of Zurich
  • 2014 - 2015Visiting researcher, Harvard Law School, Cambridge, MA, USA (VS/VR program)
  • 2011Master of Laws (LL.M. in corporate governance & practice), Stanford Law School, CA, USA
  • 2009Dr. iur. (Ph.D. equivalent), University of Zurich (UZH)
  • 2006Admitted to the bar (all Swiss courts)
  • 1999 - 2004Lic. iur. (Master of Law equivalent), University of Zurich
  • 2002 - 2003University of Geneva (mobility)

Memberships

Swiss Bar Association (SAV)

Zurich Bar Association (ZAV)

Member of the ZAV commercial law and banking law chapters

Member of the Commission «Continuing Education» of the Faculty of Law of the University of Zurich

Link to the University of Zurich (Courses, Speaking Engagements etc.)

Publications

Speaking Engagements

Publikationen

Publications

Law for Insurance Industry, Precautionary Law

Revised and possibly generally binding Industry Agreement "Intermediaries" (in German)
Revised and possibly generally binding Industry Agreement "Intermediaries" (in German)
VAG/AVO revised: Need for action in insurance mediation (in German)
VAG/AVO revised: Need for action in insurance mediation (in German)
Surplus Participation (discussion of court decision)
Surplus Participation (discussion of court decision)
Relative market power with a focus on the insurance and financial sectors
Relative market power with a focus on the insurance and financial sectors
Restructuring of an Insurance Group (Overview) (2013 in German)
Restructuring of an Insurance Group (Overview) (2013 in German)
Asset Protection through Swiss Life Insurance (Schweizer Treuhänder, 12/03 (in German))
Asset Protection through Swiss Life Insurance (Schweizer Treuhänder, 12/03 (in German))
Planned Changes of Swiss Insurance Contract Law in a Nutshell (2011 in English and German)
Planned Changes of Swiss Insurance Contract Law in a Nutshell (2011 in English and German)
Mandatory and Voluntary Isurance through Private Insurers in Switzerland (2017 in German)
Mandatory and Voluntary Isurance through Private Insurers in Switzerland (2017 in German)
Swiss Insurance Law Update 2010/1 (Nr.2)
Swiss Insurance Law Update 2010/1 (Nr.2)
Breach of Duty to Notify in case of Claims-made-Policy (2020 in German)
Breach of Duty to Notify in case of Claims-made-Policy (2020 in German)
Insurance and Asset Management in Occupational Pension Plan and Self-provision (2019 in German)
Insurance and Asset Management in Occupational Pension Plan and Self-provision (2019 in German)
Planned Partial Revision of the Swiss Insurance Supervision Act in a Nutshell (2020 in German)
Planned Partial Revision of the Swiss Insurance Supervision Act in a Nutshell (2020 in German)
Swiss Insurance Law Updates (2011 in English and German)
Swiss Insurance Law Updates (2011 in English and German)
Regulated Contracts in the Swiss Insurance Business (Nr.7)
Regulated Contracts in the Swiss Insurance Business (Nr.7)
Multinational Insurance and Insurance Distribution Business - Basic Considerations (2018 in English)
Multinational Insurance and Insurance Distribution Business - Basic Considerations (2018 in English)
Partial Revision of VAG and AVO in a Nutshell
Partial Revision of VAG and AVO in a Nutshell
Agreements Affecting Competition and Market Dominance with Special Focus on the Swiss Insurance Market (Overview) (2013 in English and German)
Agreements Affecting Competition and Market Dominance with Special Focus on the Swiss Insurance Market (Overview) (2013 in English and German)
Use of Group Policies in Swiss Private Insurance Law (2018 in English)
Use of Group Policies in Swiss Private Insurance Law (2018 in English)
Interpretation of GIC
Interpretation of GIC
Remuneration of Service Providers and Insurance Brokers in Triangular Relationship (2020 in German)
Remuneration of Service Providers and Insurance Brokers in Triangular Relationship (2020 in German)
Matching between Supervision and Liability in the New Law on Insurance Distribution, SZW 2/2005 (in German)
Matching between Supervision and Liability in the New Law on Insurance Distribution, SZW 2/2005 (in German)
Reinsurance though Swiss Reinsurers (2019 in German)
Reinsurance though Swiss Reinsurers (2019 in German)
Partial Revision of the Swiss Insurance Contract Act in a Nutshell (2020 in German)
Partial Revision of the Swiss Insurance Contract Act in a Nutshell (2020 in German)
More Protection for Policyholders at Point of Sale in Switzerland (Nr.4)
More Protection for Policyholders at Point of Sale in Switzerland (Nr.4)
Adjustment of Terms and Conditions to the Revised Insurance Contract Act (2021)
Adjustment of Terms and Conditions to the Revised Insurance Contract Act (2021)

Corporate and Transactional Law

Level-appropriate Corporate Reorganization (2021 in German)
Level-appropriate Corporate Reorganization (2021 in German)
Revision of Swiss Stock Corporation Law with References to Deviating Supervisory Law (2021 in German)
Revision of Swiss Stock Corporation Law with References to Deviating Supervisory Law (2021 in German)
Capital loss and balance sheet improvement (2021 in German)
Capital loss and balance sheet improvement (2021 in German)
Recent court decisions in Swiss corporate law (2020 in English)
Recent court decisions in Swiss corporate law (2020 in English)
Legal issues for Swiss companies in the Corona crisis (2020)
Legal issues for Swiss companies in the Corona crisis (2020)
Private Equity in Switzerland: Avoiding Regulations and Optimizing Structure (2016 in German)
Private Equity in Switzerland: Avoiding Regulations and Optimizing Structure (2016 in German)
Accountability and Liability of the Board of Directors (an Overview), Co-Author (2013 in German)
Accountability and Liability of the Board of Directors (an Overview), Co-Author (2013 in German)
Swiss Transaction Law Updates (2/2011 in English and German)
Swiss Transaction Law Updates (2/2011 in English and German)
Swiss Transaction Law Updates (1/2011 in English and German)
Swiss Transaction Law Updates (1/2011 in English and German)
Swiss Transaction Law Update 1/2010 (Nr.5)
Swiss Transaction Law Update 1/2010 (Nr.5)
Legal Basic Conditions of Company Restructuring, Co-Author (2010 in German)
Legal Basic Conditions of Company Restructuring, Co-Author (2010 in German)
Swiss Transaction Law Updates (2009/2 in English and German)
Swiss Transaction Law Updates (2009/2 in English and German)
Swiss Transaction Law Updates (2009/1 in English and German)
Swiss Transaction Law Updates (2009/1 in English and German)
Transformation according to the New Merger Act, (Contribution in: Staempfli Commentary on New Merger Act) (2003 in German)
Transformation according to the New Merger Act, (Contribution in: Staempfli Commentary on New Merger Act) (2003 in German)
The Fulfilled Debt Contract, (Dissertation in AISUF, no. 149) (1995 in German)
The Fulfilled Debt Contract, (Dissertation in AISUF, no. 149) (1995 in German)

Finance Law

RVP Private Equity Legal Update 1-2020
RVP Private Equity Legal Update 1-2020
Independent Asset Managers with Customers in EU (2021)
Independent Asset Managers with Customers in EU (2021)
What type of Bank Customer does your Company want to be? (2020 in German)
What type of Bank Customer does your Company want to be? (2020 in German)
Coronavirus: Legal Topics for Swiss Companies (2020 in German)
Coronavirus: Legal Topics for Swiss Companies (2020 in German)
FinSA and FinIA in Comparison with EU Regulations (2020 in English)
FinSA and FinIA in Comparison with EU Regulations (2020 in English)
FinSA and FinIA in force (2020)
FinSA and FinIA in force (2020)
Avoiding Regulation in Public Corporate Finance (2019 in German)
Avoiding Regulation in Public Corporate Finance (2019 in German)
Swiss Supervisory Law Optimization through Private Structuring (Example Anti-Money Laundering Law) (2015 in German)
Swiss Supervisory Law Optimization through Private Structuring (Example Anti-Money Laundering Law) (2015 in German)
Private Equity in Switzerland: Legal outline and recent case law up to 2014
Private Equity in Switzerland: Legal outline and recent case law up to 2014
How to Deal with Swiss Financial Market Supervision (2014 in English and German)
How to Deal with Swiss Financial Market Supervision (2014 in English and German)
Swiss Supervisory Law Optimization in the Area of Independent Asset Management (2013 in English and German)
Swiss Supervisory Law Optimization in the Area of Independent Asset Management (2013 in English and German)
Enforcement of monetary claims under the new ZPO (2011)
Enforcement of monetary claims under the new ZPO (2011)
Equity Requirement and Equity Protection in Swiss Corporate and Supervisory Law (2011 in German)
Equity Requirement and Equity Protection in Swiss Corporate and Supervisory Law (2011 in German)
Swiss Banking and Capital Market Law Update 2010/1 (Nr.3)
Swiss Banking and Capital Market Law Update 2010/1 (Nr.3)
Swiss Insurance, Banking and Capital Market Law Updates (2009 in English and German)
Swiss Insurance, Banking and Capital Market Law Updates (2009 in English and German)
Swiss Insurance, Banking and Capital Market Law Updates (2008 in English and German)
Swiss Insurance, Banking and Capital Market Law Updates (2008 in English and German)
Swiss Financial Market Law, a Practical Guide, (Book published in Schulthess Juristische Medien) (2003 in German)
Swiss Financial Market Law, a Practical Guide, (Book published in Schulthess Juristische Medien) (2003 in German)

Data Protection Law

Revised data protection law (in German)
Revised data protection law (in German)
Draft of the DSG in comparison with the DSGVO (an overview) (2019)
Draft of the DSG in comparison with the DSGVO (an overview) (2019)
Risk-based Implementation of GDPR by Swiss Companies (2018 in German)
Risk-based Implementation of GDPR by Swiss Companies (2018 in German)
Regulating Data Protection in Multinational Companies (Overview) (2014 in English and German)
Regulating Data Protection in Multinational Companies (Overview) (2014 in English and German)
Company Data Protection Law Updates in Switzerland and the EU  (2012 in German)
Company Data Protection Law Updates in Switzerland and the EU  (2012 in German)
Company Data Protection Law Updates in Switzerland and the EU  (2010 in German)
Company Data Protection Law Updates in Switzerland and the EU  (2010 in German)
Company Data Protection Law Updates in Switzerland and the EU  (2009 in German)
Company Data Protection Law Updates in Switzerland and the EU  (2009 in German)
Swiss Company Data Protection Law (2002 in German)
Swiss Company Data Protection Law (2002 in German)
Retention of Records and Data by Swiss Companies (2006 in German)
Retention of Records and Data by Swiss Companies (2006 in German)
Revised Data Protection Law for Companies in Switzerland (2007 in German)
Revised Data Protection Law for Companies in Switzerland (2007 in German)

Legal Philosophy and Legal Theory

Reduction of Legal and Reputation Risks through Anticipative Implementation of Norms in Companies (2017 in German)
Reduction of Legal and Reputation Risks through Anticipative Implementation of Norms in Companies (2017 in German)
Realistic Understanding of Law and Management of Legal Risk (2016 in English and German)
Realistic Understanding of Law and Management of Legal Risk (2016 in English and German)

News of

Damian A. Fischer

News
18
.
07
.
2023

Experience with the new Swiss stock corporation law / Need for action (in German)

Switzerland has had a modernized stock corporation law since January 1, 2023. PD Dr. Damian A. Fischer presented the most important innovations of the new stock corporation law for the professional audience in an article in the law journal AJP in January 2023 (cf. AJP 1/2023, p. 3 et seqq.). Since then, the attorneys at RUOSS VÖGELE have already been able to gain a great deal of experience with the new law. The deadline for adapting existing articles of association and organizational regulations to the new stock corporation law is December 31, 2024. We advise to address the necessary adjustments at the earliest opportunity. RUOSS VÖGELE is happy to assist you in this process and brings the required expertise to the table.
Deals & Cases
05
.
07
.
2023

International Expansion and Business Building

RUOSS VÖGELE supports a European-wide expanding vehicle spare parts wholesaler in entering the Swiss market and establishing its business in Switzerland. We work closely with the top management from the Group’s headquarters in Germany.
Deals & Cases
16
.
06
.
2023

Restructuring / Upstream Merger

RUOSS VÖGELE advises an international logistics group of companies on its restructuring in Switzerland. The Swiss group structure was streamlined through an upstream merger. RUOSS VÖGELE further advises on corporate governance issues by implementing a new management structure as well as the organizational and personnel separation of holding activities and operational business activities.
Damian A. Fischer
PD Dr. iur., Attorney at Law, LL.M.
Partner

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RUOSS VÖGELE
Rechtsanwälte - Attorneys at Law
Kreuzstrasse 54
CH-8032 Zürich
+41 44 250 43 00
fischer@ruossvoegele.ch
Languages
German, English, French
Expertise
Corporate and commercial law
Mergers and acquisitions
Start-ups, venture capital and private equity
Corporate governance
Restructuring and insolvency
Commercial contract law
Real estate law (incl. construction and planning law)
Banking and financial market law
Work experience
  • since 2017Attorney at Law at RUOSS VÖGELE, Zurich
  • 2013 - 2017Postdoc, lecturer at the University of Zurich / Attorney at Law
  • 2008 - 2012Attorney at Law at Lenz & Staehelin, Zurich
  • 2007 - 2008Academic assistant to Prof. Dr. Dieter Zobl, Chair for private, commercial, banking and capital markets law at the University of Zurich, and doctorate
  • 2004 - 2005Junior associate at Lenz & Staehelin, Zurich
Lecturing
  • since 2018Adjunct Professor (venia legendi for private and business law), University of Zurich
  • since 2021Lecturer in CAS programmes at the University of Zurich
  • 2019 - 2021Professor at Kalaidos Law School, Chair for private and business law
  • 2013 - 2018Lecturer at the Faculty of Law of the University of Zurich
Education
  • 2018Adjunct professor (venia legendi, private and business law), University of Zurich
  • 2014 - 2015Visiting researcher, Harvard Law School, Cambridge, MA, USA (VS/VR program)
  • 2011Master of Laws (LL.M. in corporate governance & practice), Stanford Law School, CA, USA
  • 2009Dr. iur. (Ph.D. equivalent), University of Zurich (UZH)
  • 2006Admitted to the bar (all Swiss courts)
  • 1999 - 2004Lic. iur. (Master of Law equivalent), University of Zurich
  • 2002 - 2003University of Geneva (mobility)