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Thought Leader

WWL Ranking: Thought Leader

WWL says

Nicolas Herzog focuses his renowned practice on financial and corporate disputes and is hailed as “one of the very best litigators in the Swiss market”.

Questions & Answers

Dr Nicolas Herzog (admitted to the Swiss bar in 2001, LLM NYU School of Law 2004) is a partner of Zurich-based law firm Niedermann, a firm specialised in the resolution of commercial disputes. Owing to its practice focus, it is virtually conflict‑free and well versed in successfully guiding international and national clients through the vicissitudes of adversarial proceedings before Swiss state courts and arbitral tribunals. Cross-border disputes are an important part of Nicolas’ practice, who also deals regularly with in-bound enforcement matters.

What was it about litigation that made it attractive as a career?

As a litigator you are being called to solve a contentious matter, which can be quite pressing for the client involved. The client will provide you with the available information and trust your skills and expertise for you to act independently and devise the appropriate litigation strategy. From then on, you work together with the client to attain the best possible outcome in the pending dispute. As clients always have problems that require bespoke solutions, the role of an outside litigator is an inherently interesting and challenging one.

What do clients look for in an effective litigator?

I believe one of the most important traits clients seek to rely on in connection with their litigation counsel is that there are no surprises, in that all potential moves of the counterparty have been discerned and addressed in one way or another. By taking away the surprise element, much is already won in terms of carrying out the client’s own dispute strategy and at the same time a certain stability is provided. There is nothing worse than being caught by surprise with ex parte filings or surprising legal arguments invoked by opposing counsel. Moreover, clients also expect to be faced with a thorough and unbiased analysis that does not shy away from highlighting the weaknesses of their case.

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

We see increased evaluation of insurance disputes in connection with the coronavirus pandemic. I expect that more contractual disputes surrounding covid-19 themes (for instance interruption of supply chains and the related consequences, commercial lease issues) may emerge in the near future. Apart from that, post-M&A disputes prove to be recurrent, as do shareholder disputes and fraud cases.

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

Owing to the advent of various proven third-party litigation financiers, such issues can increasingly be alleviated by bespoke financing packages. The main prerequisite remains, of course, that the defendant party has to have a reasonably strong credit standing. We see a growing number of clients resorting to third-party funding, both in state court litigation and arbitration.

What effect is technology having on the way litigation is practised?

It is making the handling of large data amounts easier and sometimes even feasible. It will be interesting to see whether statistics and AI-based analysis tools will develop further to allow meaningful second opinions on the chances of a specific action. Still, the human factor in terms of experience with certain courts and judges will, in my opinion, remain important. As to hearings, the pandemic has paved the way for virtual hearings, which have been well embraced by the arbitration community and will presumably also take a foothold in litigation once the Swiss legislator pushes forward the digitisation of the justice system. The short-term objective is to make party filings and service of court documents fully electronic, as is already under way in other European countries.

What advice would you give to your younger self? 

Never get caught in a foregone conclusion – keep an open-minded attitude to revisit assumptions all along the way.

Global Leader

Asset Recovery 2020

Professional Biography

WWL Ranking: Recommended

WWL says

Nicolas Herzog secures extensive endorsements for his impressive practice. He is a litigation specialist, with much experience guiding clients through international enforcement orders.

Biography

Nicolas Herzog is a partner of the law firm Niedermann Attorneys-at-Law, a pure-play dispute resolution boutique firm, which owing to its practice focus is virtually conflict-free.

Nicolas Herzog’s practice is an epitome of commercial litigation. He advises and represents clients from various industries and guides them through the entire litigation process. He is regularly retained in cross-border disputes, and draws on a wide range of experience gained in financial, commercial lease, shareholder, joint venture, licensing and fraud litigations. Instructions regularly include enforcement of foreign judgments in Switzerland, obtaining attachment orders and other injunctive relief. Of note are also assignments in which English court orders such as receivership and worldwide freezing orders had to be recognised and enforced in Switzerland. Notable clients are active in the telecommunications, financial and real estate industries. He also sits as arbitrator and advocates as party counsel before arbitral tribunals.

Nicolas Herzog, born 1969, is a graduate of New York University School of Law (LLM, 2004) and the University of Zurich (Dr iur, 1999, summa cum laude), and is admitted to the Swiss Bar (2001). He is a member of the Chartered Institute of Arbitrators and the International Council for Commercial Arbitration, and regularly publishes on Swiss procedural law. He served as a clerk at the Swiss Federal Supreme Court and is fluent in English, German and French, with a working knowledge of Spanish.

Litigation 2020

Professional Biography

WWL Ranking: Recommended

WWL says

Nicolas Herzog emphasises his renowned practice on financial and corporate disputes and is hailed as "one of the very best litigators in the Swiss market".

Biography

Nicolas Herzog is a partner of the law firm Niedermann Attorneys-at-Law, a pure-play dispute resolution boutique firm, which owing to its practice focus is virtually conflict-free.

Nicolas Herzog’s practice is an epitome of commercial litigation. He advises and represents clients from various industries and guides them through the entire litigation process. He is regularly retained in cross-border disputes, and draws on a wide range of experience gained in financial, commercial lease, shareholder, joint venture, licensing and fraud litigations. Instructions regularly include enforcement of foreign judgments in Switzerland, obtaining attachment orders and other injunctive relief. Of note are also assignments in which English court orders such as receivership and worldwide freezing orders had to be recognised and enforced in Switzerland. Notable clients are active in the telecommunications, financial and real estate industries. He also sits as arbitrator and advocates as party counsel before arbitral tribunals.

Nicolas Herzog, born 1969, is a graduate of New York University School of Law (LLM, 2004) and the University of Zurich (Dr iur, 1999, summa cum laude), and is admitted to the Swiss Bar (2001). He is a member of the Chartered Institute of Arbitrators and the International Council for Commercial Arbitration, and regularly publishes on Swiss procedural law. He served as a clerk at the Swiss Federal Supreme Court and is fluent in English, German and French, with a working knowledge of Spanish.

National Leader

Switzerland - Asset Recovery 2021

Professional Biography

WWL Ranking: Recommended

WWL says

Nicolas Herzog is a standout lawyer with first-class experience dealing with the enforcement of orders and assets in Switzerland. 

Biography

Nicolas Herzog is a partner of the law firm Niedermann Attorneys-at-Law, a pure-play dispute resolution boutique firm, which owing to its practice focus is virtually conflict-free.

Nicolas Herzog’s practice is an epitome of commercial litigation. He advises and represents clients from various industries and guides them through the entire litigation process. He is regularly retained in cross-border disputes, and draws on a wide range of experience gained in financial, commercial lease, shareholder, joint venture, licensing and fraud litigations. Instructions regularly include enforcement of foreign judgments in Switzerland, obtaining attachment orders and other injunctive relief. Of note are also assignments in which English court orders such as receivership and worldwide freezing orders had to be recognised and enforced in Switzerland. Notable clients are active in the telecommunications, financial and real estate industries. He also sits as arbitrator and advocates as party counsel before arbitral tribunals.

Nicolas Herzog, born 1969, is a graduate of New York University School of Law (LLM, 2004) and the University of Zurich (Dr iur, 1999, summa cum laude), and is admitted to the Swiss Bar (2001). He is a member of the Chartered Institute of Arbitrators and the International Council for Commercial Arbitration, and regularly publishes on Swiss procedural law. He served as a clerk at the Swiss Federal Supreme Court and is fluent in English, German and French, with a working knowledge of Spanish.

Switzerland - Litigation 2021

Professional Biography

WWL Ranking: Recommended

WWL says

Nicolas Herzog is a go-to figure for cross-border litigation in financial, corporate and joint venture disputes.

Biography

Nicolas Herzog is a partner of the law firm Niedermann Attorneys-at-Law, a pure-play dispute resolution boutique firm, which owing to its practice focus is virtually conflict-free.

Nicolas Herzog’s practice is an epitome of commercial litigation. He advises and represents clients from various industries and guides them through the entire litigation process. He is regularly retained in cross-border disputes, and draws on a wide range of experience gained in financial, commercial lease, shareholder, joint venture, licensing and fraud litigations. Instructions regularly include enforcement of foreign judgments in Switzerland, obtaining attachment orders and other injunctive relief. Of note are also assignments in which English court orders such as receivership and worldwide freezing orders had to be recognised and enforced in Switzerland. Notable clients are active in the telecommunications, financial and real estate industries. He also sits as arbitrator and advocates as party counsel before arbitral tribunals.

Nicolas Herzog, born 1969, is a graduate of New York University School of Law (LLM, 2004) and the University of Zurich (Dr iur, 1999, summa cum laude), and is admitted to the Swiss Bar (2001). He is a member of the Chartered Institute of Arbitrators and the International Council for Commercial Arbitration, and regularly publishes on Swiss procedural law. He served as a clerk at the Swiss Federal Supreme Court and is fluent in English, German and French, with a working knowledge of Spanish.

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