Andreas Länzlinger

Bär & Karrer

Zurich www.baerkarrer.ch

andreas.laenzlinger@baerkarrer.ch Tel: +41 58 261 53 50

Biography

Andreas D. Länzlinger heads Bär & Karrer’s internal investigations practice group and is one of the leading partners of the firm’s litigation/arbitration practice group. He has extensive experience in handling complex banking/ financing, commercial, corporate, contract and insurance litigations, both before Swiss courts and in cross-border proceedings. He and his team have conducted many large-scale internal investigations at global enterprises in the financial, pharmaceutical and construction business. He has represented a number of Swiss clients in mass tort litigation cases before US courts.

With respect to our firm’s development, I am very happy to see that I have contributed to the establishment of a very strong, multi-facetted internal investigations practice group, which is one of the leading groups in Switzerland. Likewise, we have been able to build up the white-collar practice group not only in Geneva, where this group was traditionally strong, but equally in Zurich.

Since more than 15 years, we have internally developed a group of highly skilled and experienced specialists in the field of investigations, and we have built a solid network with outside service providers that we add to the team as required, which enables us to assist a great variety of clients in various markets (financial, industrial, nutrition, pharmaceuticals, infrastructure) to conduct investigations in their business operations.

As regards individual cases, I consider my greatest achievement to be that I was able to contribute, with my team, to many corporate clients in the testing and improvement of their governance and compliance framework and the related processes, on their journey to reach a higher level of overall responsible, ethical and compliant business conduct.

What is the most challenging aspect of conducting large and complex internal investigations at finance, pharmaceutical and construction businesses?

Generally, the timing aspect of investigations is crucial, primarily from a client’s perspective. Investigations are a serious stress factor for those concerned or affected, and for the organisation in general. Therefore, it is of utmost importance that an investigation is carried out efficiently, with appropriate reporting milestones so that the responsible management and/or board levels are kept informed for them to timely take the required decisions. Hence, our role is not just to conduct a state-of-the-art investigation, but to have the client’s interests in the resolution of the investigated matter constantly on our radar screen.

Another important challenge, among many others, is the balancing of individual responsibilities in an investigated matter against the corporate responsibility, to form a fair and balanced view when it comes to remediation and sanctioning at the conclusion of an investigation.

How do you establish a detailed understanding of a client’s business to advise them effectively?

Over the years, we have gained a detailed and thorough understanding of the business of our clients with whom we have worked with for a long time. This is, obviously, a fundamental requirement and basis to be able to efficiently conduct an investigation of matters involving a client’s business. We generally spend substantial time and effort to understand the relevant business parts of our clients where matters must be investigated, and we make sure that the core team managing the investigation comprises the required representatives of the client who possess the needed know-how in the affected business sectors.

You do a mix of investigations and disputes work. To what extent do these two sides of your practice complement each other?

In my opinion, litigation and investigation is a perfect match, for a variety of reasons. First, in both practice areas, one must master all relevant facts and understand the business that forms the background of the matter prior to forming views as the legal qualifications that derive therefrom. Establishing the complete (and relevant) facts of the respective matter is key in both areas. Then, the same skills are required when interviewing fact witnesses and experts. Thirdly, the litigator’s experience is crucial when assessing remedial action, in particular, when it comes to sanctioning people. Often, investigations end up in litigation, triggered by sanctioned persons, by investors, or by third parties which were involved in the investigated matter. Equally, various authorities may have an interest in the matter under investigation, and related proceedings may result. The litigation perspective is therefore an important element of a holistic conduct of an investigation.

As head of Bär & Karrer’s internal investigations group, what are your goals for the group’s development over the next five years?

My personal goal is to continue our practice group’s development of the next leading partners’ generation of the group. We have so far successfully built up a strong team of new partners and senior associates who have already taken over some of the responsibility to develop and grow our practice area. My goal is to secure a smooth transition process permitting this extremely talented and enthusiastic younger generation to successfully develop this practice group in the years to come, while I continue to contribute my part to the growth of the group’s business.

You have enjoyed a very distinguished career so far. What would you like to achieve that you have not yet accomplished?

Difficult to say. I guess the most important achievement that I have still to accomplish is to continue and complete the handover of my responsibilities in the practice group to the next generation, and to further define the role I am going to play as part of the team in the next couple of years. Apart from that, I would like to intensify my role as advisor to boards of directors and/or to senior leadership in the management of compliance-related crisis situations. This is an area where I have gained a lot of experience in my relatively long practice of conducting investigations and litigating related matters.

Peers and clients say: “One of the best in Zurich and Switzerland for corporate investigations” “He has an excellent reputation and a very strong team around him”