Thomas Berger
Image of Thomas Berger

Thomas Berger

Partner

Email

thomas.berger@aoshearman.com

Phone

+352 44 44 5 5196

Offices

Luxembourg

V-CARD
Thomas is Head of Luxembourg Disputes.

He specializes in domestic and cross-border litigation and pre-litigation matters within the realm of civil, commercial and corporate law. He has a particular focus in financial sector related litigation and pre-litigation. He regularly advises professionals of the financial sector in investment funds related litigation, professional liability (pre-)litigation (such as MiFID, PSD or fraud related (pre-)litigation), EU sanctions, anti-money laundering (AML), and “white-collar” criminal law aspects.

Thomas is a member of the working group on the reform of the Luxembourg Civil code, as well as a member of several working groups of the Luxembourg Bankers' Association (ABBL).

Expertise

Industries

Experience

Representative matters

  • Professional of the financial sectors (credit institutions, e-money institutions, insurance companies, investment funds) facing claims from their clients for breach of their professional obligations on the provision of investment services (alleged mismanagement of client’s assets, mis-advice on investment in financial instruments, incorrect execution of a client order) or of payment services (alleged incorrect or fraudulent execution of bank transfers).
  • Investors in investment funds in their dispute against the managers of investment funds.
  • Professionals of the financial sector in connection with major internal or external fraud cases.
  • Professionals of the financial sector facing dawn raids or alleged white-collar crime and/or breach of their AML-FT obligations.

Published Work

  • "Anti-Money Laundering 2022", Lexology, October 2021
  • “Auto-laundering: Luxleaks impact on suspicious transaction reporting”, European Finance Litigation Review, December 2016 (co-author)
  • “Repurchase of CPECS from shareholders is not illegal, rules Luxembourg court”, European Finance Litigation Review, March 2016 (co-author)
  • “Enforcement of Pledge over shares in Luxembourg, irrespective of whether secured debt is due”, European Finance Litigation Review, November 2015
  • “May individuals sue banks based on breaches of conduct rules?”, European Finance Litigation Review, July 2015
  • “Luxembourg court upholds pledge despite conflicting Spanish ruling and asymmetrical jurisdiction clause”, European Finance Litigation Review, June 2014 (co-author)
  • “Bank liability for forged transfer orders: Luxembourg Supreme Court puts an end to uncertainty on the duty of restitution”, European Finance Litigation Review, February 2014 (co-author)
  • “Le démembrement de propriété dans le compte bancaire“, Droit bancaire et financier au Luxembourg, Recueil de doctrine, ALJB, Anthemis/Larcier, 2014 (co-author)

Speaking Engagements

  • Speaker, Conference Actualités, 6ème directive anti-blanchiment, March 2022 
  • Speaker, Conference Actualités, Développements AML luxembourgeois, November 2020 
  • Speaker, Conference Actualités AML luxembourgeoises (Risques et responsabilités des Professionnels du Secteur Financier – Lutte anti-blanchiment) June 2018
  • Speaker Conference IFE Benelux - MiFID II Seminar. June 2018
  • Speaker, A&O Client Seminar on Professional secrecy: the existing regime and the contemplated amendments. February 2018
  • Speaker, A&O Client Seminar on Luxembourg hot topics (Bank secrecy and outsourcing, GDPR, PSD II) October 2017
  • Speaker, A&O Client Seminar on Luxembourg bank secrecy and ARM. May 2017
  • Speaker, Training clients on bank secrecy and data protection. March 2017
  • Speaker, EAPO (European account preservation order): Luxembourg banks, are you ready? December 2016
  • Speaker, A&O Client Seminar: An overview of the banking business in Luxembourg or from Luxembourg. June 2016
  • Speaker, A&O Client seminar : Regulatory investigations – Dealing with inspectors at the door. June 2016

Recognition

“Team head Thomas Berger has 'in-depth knowledge of litigation in Luxembourg', particularly as it relates to civil, criminal and regulatory proceedings facing financial services clients.”
Legal 500, 2021

Qualifications

Admissions

Admitted as avocat à la Cour, Luxembourg, 2009

Admitted as avocat, Luxembourg, 2007

Academic

Master 2, International Business, University of Rennes I, France, 2006

Diploma, International Trade Law, Åbo Akademi University, Finland, 2004

Languages

English, French
Disclaimer
A&O Shearman was formed on May 1, 2024 by the combination of Shearman & Sterling LLP and Allen & Overy LLP and their respective affiliates (the legacy firms). Any matters referred to above may include matters undertaken by one or more of the legacy firms rather than A&O Shearman.