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 specialises 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 law, including in investment funds related litigation as well as professional liability in the financial sector, anti-money laundering (AML), and “white-collar” criminal law aspects. He also assists clients facing dawn raids and has extensive expertise in internal and external investigations for clients of the financial sector (banks, investment funds, insurance companies and other professionals of the financial sector). Thomas also regularly advises on regulatory issues related to AML, PSD, MiFID and banking secrecy. 

Thomas is a member of the AML legal expert group with the Luxembourg Private Equity Association (LPEA) as well as a member of the Legal Forum, the Payment Forum, the MiFID Forum and the PSD II working group of the Luxembourg Bankers' Association (ABBL). He joined the firm in 2013. 

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.