Technology, Outsourcing, Litigation, Corporate Governance, Data Protection, Legal Proceedings and Internal Investigations.
Clara-Ann Gordon is specialized in the areas of TMT/Outsourcing, data privacy, internal investigations/e-discovery, compliance and represents clients in these areas in court proceedings (including mediation/arbitration) and in transactions.
Niederer Kraft Frey, Partner (2016), CEDR Accredited Mediator (2017).
AIJA. AIPPI. ASUT. IAPP. IBA. INGRES. ITechlaw. LES. Past Chair of the IBA Technology Law Committee. Past member of the LPD Council of the IBA. IAPP Co-Chair of Basel/Zurich Knowledge Chapter.
Swiss Bar (1997). University of London, Queen Mary & Westfield College, LL.M. in Intellectual Property (1998).
A Twitter user was recently convicted of race discrimination pursuant to the Criminal Code. The Zurich Superior Court held that the Twitter user had become a figure of relative public interest due to his provocative tweets and his blog articles concerning political topics. However, the court held that the lower court's prohibition against media disclosure of information other than the Twitter user's name and age was justified.
The European Court of Human Rights (ECHR) recently ruled on an appeal of a Swiss Federal Court decision, declaring that a hidden-camera recording and its subsequent broadcasting, carried out by magazine programme Kassensturz, were legal. The ECHR held that fining the journalists and editors in connection with the broadcast infringed freedom of opinion and information under the European Convention on Human Rights.
In a recent case, a journalist published two articles regarding a corruption affair, quoting extensively from a confidential draft report of the parliamentary investigation committee dealing with the affair. The court held that the quotation from the draft report was justified by an overriding public interest, even though the journalist had infringed the Criminal Code, which prohibits the disclosure of confidential official information.
An article published on the website of an association against animal experiments discussed an attack on a hunting lodge belonging to the president of a pharma company. The company and president filed a claim. The Federal Court held that while the article used provocative expressions such as 'mass crimes against animals', the average reader would assess the article with the respondent's opinion of animal experiments in mind.
A newspaper article about a drug dealer revealed that he made annual profits of Sfr12,000 – enough for his actions to constitute a qualified crime.The Basel state attorney office initiated criminal proceedings and called the journalist as a witness. The journalist refused to provide a witness statement based on the protection of a journalist's source. However, this protection was denied.
A criminal complaint was filed against a journalist after he revealed alleged plagiarism involving a professor in a newspaper article. Raids were subsequently conducted at the journalist's home and a hotel room, and the police seized numerous items. The journalist asked that the court declare the raids illegal and that the seized objects be returned immediately. The court agreed and ordered the return of the seized objects.
The Swiss Federal Court recently decided on a personality rights infringement case involving Blick, Switzerland's most prominent tabloid newspaper. Blick published a photomontage of Swiss singer Michael von der Heide following his poor performance at the Eurovision Song Contest. The court held that the photomontage constituted a violation of personality rights and denigrated von der Heide's business interests as a singer.
The Federal Court recently decided on a defamation case between a prominent individual (X) and his girlfriend (Y). Based on Y's civil claim, the Meilen District Court decided that X's conduct qualified as defamation and awarded injunctions and the publication of an apology. The Federal Court confirmed that the publication of an apology may be a remedy for moral tort, but held that it did not sufficiently compensate Y for moral tort.
Earlier this year the publication of television viewing figures was blocked by a court order and the entire Swiss television advertising industry was left in the dark regarding the efficacy of its advertising investments. The Federal Administrative Court recently lifted the measures and viewing figures are once again available to the industry and public.