Harold Frey

Lenz & Staehelin

Zurich www.lenzstaehelin.com

harold.frey@lenzstaehelin.com Tel: +41 58 450 80 00

Biography

Harold Frey leads the litigation and arbitration practice of Lenz & Staehelin in Zurich. He has secured favorable settlements and judgments for public companies and boards, private equity firms and their portfolio companies in highprofile disputes in courts and before arbitral tribunals across the country and abroad. Matters have included a wide range of legal issues and industries (with a particular focus on energy, construction, pharmaceutical and financial industry). Mr Frey has extensive experience in all aspects of corporate and M&A dispute resolution.

On what type of matters have clients come to you most frequently in recent months?

Most frequently, clients would retain me for corporate matters (including shareholder actions) and M&A disputes — I have been involved in about a dozen post-acquisition disputes over the past 15 months alone. Other key areas of my practice are construction and energy-related disputes.

How has the role of litigator changed since you started your career?

Probably cases in my practice have become even more complex over the years, often involving regulatory and cross-border aspects. Moreover, a modern litigator’s role is not limited to that of a legal representative in proceedings, but may also include a broader spectrum such as business strategic, political and reputational/communication advice on a client's management level.

You have been involved in many high-profile disputes over the years – what do you enjoy most about being a litigator in large cases?

In high-value /high-profile cases you will typically have attention of management at the highest level (or even at board level). This will allow you access to people, information and required resources, and you don‘t need to explain that this is important and why.

What do clients look for when selecting counsel for highvalue litigation proceedings?

The ability to efficiently and effectively manage large and complex litigations and to compose the right team for a case. Apart from ensuring the necessary skills and capacity in the core team to conduct all essential litigation tasks, counsel should be able to draw on the experience of specialists from other practice groups to overcome any litigious hurdles on short notice.

Equally important, clients expect that counsel understand the business and its needs, that they are able to communicate with management on an equal level and that they provide workable solutions, quickly.

What are the main challenges lawyers face when handling cross-border litigation between parties from different countries with separate laws?

Cross-border litigation requires good case management (client handling, coordination with co-counsel, handling of parallel proceedings in multiple jurisdictions). A particular challenge could be the location of and access to certain evidence. Sometimes there are also challenging conflict of laws questions, both on the substance as well as on procedure (including document production and related aspects of legal privileges or data protection rules). Also the presentation of foreign law to a local court could prove challenging.

To what extent are cash flow issues stopping parties from bringing claims?

More often than not, our clients are big corporates and banks. Whether or not they pursue their claims in litigation primarily depends on the assessment of the case and the prospects of winning it. While cash flow is not preventing them from filing claims, they are nevertheless cost sensitive.

As head of the firm’s litigation practice, what are your priorities for the group’s development over the next five years?

Remain the go-to team for complex commercial litigation involving mergers and acquisitions, contests for control, shareholder claims, corporate governance and joint ventures, etc.

Attract the best talent and educate them through training on the job.

Stay ahead of the curve, anticipate and advise management how to address new developments that could pose litigation risks. This includes risks arising from changes in the law and regulations or practical developments (e.g. in the field of ESG, cybercrime, sanctions, new regulations).

As a team leader, I want to remain unassuming and always find time (despite our busy litigation schedule) for everyone in the team seeking advice or in need of guidance.

What piece of advice would you give to younger practitioners hoping to one day be in your position?

First, the basics: you require a profound understanding of the law, and in particular master the code of obligations (that part is law school). Then, it is practice, practice, practice. Try to become part of a legal team that offers a challenging, inspiring work environment and learning experience. Show commitment, but stay modest: watch and learn. What I want to see in a young lawyer is enthusiasm and a steep learning curve.

Of course, you then need to develop a practical understanding of the business, including its needs and challenges.

Throughout your career, keep your willingness (and the intellectual capacity) to really engage with the facts of a case, identify the key drivers of the case and present the argument in a compelling way – be it in legal briefs or oral arguments.

At all times, stay curious.

WWL says: Harold Frey is revered for his exemplary practice, which sees him regularly engaged in high-stakes litigation proceedings in the domestic market.