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Thomas Berger

Partner

Luxembourg

Image of Thomas Berger
Thomas Berger

Partner

Luxembourg

Thomas Berger heads the Litigation department. 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).

Related articles

servers

Publications: 27 September 2022

GIR - data privacy & transfer in investigations guide

Investigations by regulators and enforcement agencies, as well as internal investigations by companies, are common. Successfully managing the risks arising from these investigations requires expertise…

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Publications: 18 August 2022

Recent amendments to the Luxembourg AML/CTF legal framework

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News: 28 April 2022

Allen & Overy announces a new wave of promotions in Luxembourg

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Publications: 15 July 2021

When governance goes green

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Experience highlights

Office

Luxembourg

Allen & Overy
5 Avenue John F. Kennedy, L-1855 
Luxembourg

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Qualifications

Professional

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

Recognition

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)