B-04-29 FINMA Guidance 05/2021

When the bank makes a margin call, the client may have very little time to react and provide new funds. In its ruling 4A_389/2024 of May 8, 2025, the Federal Supreme Court reiterated its strict case law on Lombard loans, particularly with regard to clients with extensive financial knowledge and experience. In early April 2019, a client entered into a relationship with a bank. During the account opening process, the client stated that he was an investment expert, had a[...]

A CEO who discloses confidential information to a journalist must compensate his employer for the damage caused, in this case the costs incurred by the communications agency. The fact that other press articles had been published previously does not negate the existence of a causal link (4A_159/2024). A company belonging to a Portuguese banking and financial group dismissed its CEO. It drew his attention to his obligation to maintain professional secrecy. A few years later, rumours began to circulate about[...]

The European Regulation on Artificial Intelligence (AI Act) sets out specific obligations for the various actors involved in the different stages of the development, operation and use of an AI Act -covered tool. The two most important ‘roles’ in relation to these obligations are those of “provider” and ‘deployer’. It is therefore important to determine the role that each company plays in relation to artificial intelligence systems (AIS) or general-purpose AI models (GPAIM) (on the concepts of AIS and GPAIM,[...]

In three judgments 1C_435/2024, 1C_604/2024 (intended for publication) and 1C_610/2024 of 19 May 2025, the Federal Supreme Court ruled to uphold the freeze on bank assets ordered by the Federal Council in 2022 and 2023, the beneficial owners of which are persons belonging to the political entourage of former Ukrainian President Viktor Yanukovych. The assets had initially been seized following a request for international mutual assistance in criminal matters addressed to Switzerland by Ukraine (see TPF, RR.2017.118-121, RR.2017.122, 6 February[...]