Alexander Troller

LALIVE

Geneva www.lalive.law

atroller@lalive.law Tel: +41 58 105 2000

Biography

Alexander Troller specialises in litigation, with particular emphasis on financial matters, corporate and shareholder disputes, whitecollar crime, estate and inheritance disputes, employment conflicts and, more generally, asset recovery and judicial assistance in civil and criminal matters. This broad experience – and strong commercial awareness – means he can anticipate and facilitate clients’ needs. He has wide-ranging industry sector expertise, including banking and finance, natural resources, and utilities and infrastructure projects, as well as private client work.

I deal with financial, corporate and shareholder disputes, estates and inheritance disputes, asset recovery and finally employment litigation, to name my key practice areas, which expose me to both civil and criminal courts. In other words, I am by far not limited to white-collar crime, which is not uncommon for a civil law litigator. Before the criminal prosecution authorities and the criminal courts, I do act for clients who are either victims of, or who are accused of, criminal conduct. I enjoy the diversity of my practice and the intellectual stimulation to assist individuals and corporations on the attack but also in defence, both of which have been key motivating factors in my career.

What did you find most challenging about entering criminal law?

I began working with prosecutors, visiting inmates in jail and pleading before criminal courts as a legal trainee, over 30 years ago. Engaging with the criminal law system is part of every Swiss lawyer’s professional education. I still enjoy the collaboration (as plaintiff’s counsel), as well as the procedural confrontation (when defending) with prosecutors, in addition to exercising persuasive skills to convince criminal court of our arguments.

To what extent are the ramifications of covid-19 still affecting asset recovery?

We are still seeing some after-effects, for instance, with covid-19-related frauds where unscrupulous players used statebacked corporate loans for personal benefit. Unlike some other jurisdictions, the Swiss courts didn’t see an upturn in digitalisation on the procedural side, but we should soon see progress with Justitia 4.0, the electronic communications project that will encompass the entire Swiss court system. How have frauds become more sophisticated over the past five years, and how do you think they could evolve in the near future?

Fraud is driven by individuals; individuals adjust to technology; and fraud adapts to technology. We are seeing an exponential increase in the number of blackmails related to data phishing on a massive scale. This is affecting major companies, airlines, but also municipalities. Crypto also has its share of rogue players: the difficulty there is in adapting existing investigative and procedural tools (e.g. freezing orders) to new forms of assets. Locating their custodians is often a practical challenge for plaintiffs and prosecutors alike.

To what extent are civil remedies a more effective way of recovering assets than criminal remedies?

Actually, it can be the opposite – especially in civil law systems, which not only do not provide for discovery, but which may also impose heavy court fees on claimants just to file a lawsuit. Where available, criminal remedies will as a rule prove more efficient – notably through the investigative powers of prosecutors – to obtain evidence for civil purposes. As noted, the criminal route is far more affordable since it doesn’t impose “entry fees” for plaintiffs.

What qualities and skills should practitioners starting out cultivate in order to succeed in asset recovery?

Keep up your hunter spirit! Asset recovery is to some extent comparable to being a private investigator – with legal recourse and while playing chess at the same time. You need resilience as the chase can go on for years before you get a result. Never give up.

What is the best piece of advice you’ve ever received?

Be true to yourself. And leave no stone unturned.

WWL says: The “incredibly well-known” Alexander Troller ranks highly among peers who note he “has an excellent asset recovery practice”.