Andreas D Länzlinger
Office:
Brandschenkestrasse 90
8027
City:
Zurich
State:
Zurich
Country:
Switzerland
Tel:
+41 58 261 50 00
Fax:
+41 58 261 50 01

Questions and Answers:

Who's Who Legal Thought Leaders - Switzerland

Dr Andreas Länzlinger is a partner at Bär & Karrer, head of the internal investigations practice and a leading partner of the litigation/arbitration practice. He has extensive experience in complex banking, commercial, corporate and insurance litigations and has worked on numerous compliance and investigation cases. He joined Bär & Karrer as a partner in 2000 after graduating from Zurich University (1983), admission to the Zurich Bar (1986) and working as an associate at a New York firm (1987–1988). In 2006, he acted as interim general counsel of ABB Ltd. 

WHAT DO YOU ENJOY MOST ABOUT WORKING IN INTERNAL INVESTIGATIONS? 

The variety of issues to be investigated, as well as the very complex legal questions that arise, are both fascinating. But the real challenge is to accompany the entity under investigation through very difficult phases of its business operations, with various challenges arising during the investigation and as a result of it. Addressing matters of corporate and individual responsibility is often a difficult task. The chance of benefiting from investigations by helping the respective company to reach a higher level of corporate responsibility and integrity is one of the main motivators of our mission.

IN YOUR OPINION, WHAT IS CURRENTLY THE BIGGEST CHALLENGE FACING INVESTIGATIONS PRACTITIONERS IN SWITZERLAND? 

There are many, but one of the main challenges is the trend we currently see in many jurisdictions, including Switzerland, to limit the attorney-client privilege protection in the framework of internal investigations conducted under the lead of outside counsel. Investigating authorities in various countries have increasingly shown an interest to have access to the investigative work products of outside counsel, including interview notes, advice to the clients, etc. This is a very problematic development, as it threatens to frustrate the purposes of internal investigations. For instance, if potential interviewees risk that the results of interviews will have to be shared with prosecuting authorities, their cooperation with the investigation will be negatively affected. 

Another challenge arises from the increasing volume of potentially relevant information. Reviews of masses of information are a very cost-intensive and time-consuming exercise, and lots of efforts are currently under way to reduce these costs while still identifying the relevant facts. IT-supported solutions will soon change the landscape dramatically.

TO WHAT EXTENT CAN ATTORNEY-CLIENT PRIVILEGE OFFER PROTECTION TO COMPANIES DURING INTERNAL INVESTIGATIONS?

As mentioned, the attorney-client privilege is currently being critically assessed and limited in scope by some recent court decisions in Switzerland. However, the privilege still applies to investigations conducted by outside counsel to assist its clients with a view to proceedings threatened or ongoing, of which the client is a target or subject, as long as the purpose of the investigation is to render legal advice to the client with a view to these proceedings.

WHAT ARE THE MAIN ISSUES ASSOCIATED WITH THE NEED FOR CROSS-BORDER COOPERATION WITH REGULATORY AUTHORITIES? 

In our practice, cross-border cooperation with foreign authorities is a topic in most cases. Providing a foreign authority with information located in Switzerland, if made on a voluntary basis and outside the available procedural channels, is affected and thereby limited by local laws, such as confidentiality and privacy (data protection) laws, as well as so-called blocking statutes. In some cases, either legal or administrative assistance proceedings are available to the foreign authorities in order to obtain information located in Switzerland. Administrative assistance channels are, for instance, available between tax authorities, or stock exchange or bank supervisory authorities. In many instances, however, these proceedings are time-consuming and cumbersome, and foreign authorities therefore often prefer that the companies under investigation cooperate directly and voluntarily. This puts the affected company in a difficult situation. In case a client is (potentially) exposed to investigations by several foreign and domestic authorities, it is important to align these investigations in order to avoid unnecessary duplications, and to reach an overall global resolution.

DESPITE OBLIGATIONS TO SELF-INVESTIGATE, INDIVIDUALS WITHIN COMPANIES ARE OFTEN RELUCTANT TO LAUNCH INTERNAL INVESTIGATIONS. WHAT STEPS NEED TO BE TAKEN IN ORDER TO CHANGE THIS MINDSET?

It is important that those responsible for the organisation and conduct of the companies’ business understand that, to thoroughly investigate matters potentially involving unlawful or otherwise problematic behaviour, and remediate resulting shortcomings in the conduct of their business, is part of a state-of-the-art compliance organisation. There is a serious risk for those who decide not to investigate a matter that common sense would force investigation. The risk formerly linked to other persons inevitably becomes a personal risk for those who should have investigated, but decided not to do so. Members of the board of directors and general management, and heads of compliance and legal, are in the spotlight here, and they must understand that investigating and remediating matters is part of the “tone from the top” message within a company.

HOW IS HEIGHTENED PUBLICITY SURROUNDING ALLEGATIONS OF CORPORATE CRIME AFFECTING THE EFFECTIVENESS OF INVESTIGATIONS? 

The publicity in these matters has various effects on investigations. For instance, companies with shares listed at the local stock exchange must comply with applicable ad hoc publication duties, if the matter under investigation may have an effect on the share price. Also, such publicity inevitably attracts the interest of regulatory and/or prosecuting authorities, and parallel investigations by these authorities result. The question of whether and how to cooperate with these government investigations must then be addressed. This will affect your fact-finding efforts, and notably also your ability as internal investigator, to interview involved persons. In addition, heightened publicity often results in a need of the affected company to communicate swiftly, which will have an impact on how you plan and conduct the internal investigation.

WHAT HAS BEEN YOUR GREATEST ACHIEVEMENT TO DATE? 

There are two groups of cases that I consider to qualify in this respect. On the one side, there have been several cases during the past few years where my team investigated matters not only to detect the relevant facts of the matter, and advise the client as to the legal consequences resulting therefrom, but also to then assist the client in improving its regulatory and compliance framework in order for it to reach a state-of-the-art governance organisation. If the client leaves the investigation at a higher level of integrity, I see the investigation as a success. On the other side, I have been asked increasingly by responsible bodies of corporate clients, both domestic and international, to advise and coach them on their investigation journey, including the often delicate decision to commence an investigation, and to structure its scope and process.

Biographies:

Who's Who Legal Switzerland - Business Crime Defence

Andreas D Länzlinger heads Bär & Karrer’s internal investigation and cross-border proceedings practice. He is based in Zurich and has been a partner since 2000.

Andreas D Länzlinger has extensive experience in handling complex banking, commercial, corporate and insurance litigations, both domestic and cross-border. He and his team have conducted numerous large-scale internal investigations at global enterprises in the financial, pharmaceutical and construction businesses.

He has represented Swiss clients in a number of mass tort litigation cases before US courts. In recent years, Andreas D Länzlinger has also regularly advised and represented Swiss corporate clients in compliance matters, among others before US authorities such as the US Department of Justice, the SEC and the FED.

Andreas D Länzlinger is the author of several publications on lender liability, Swiss corporate law and compliance issues in connection with the fight against corruption.

He holds a Dr iur from the University of Zurich and is a member of the Zurich, the Swiss and the International Bar Association. Andreas D Länzlinger speaks German, English and French.

Bär & Karrer is a renowned Swiss law firm with more than 150 lawyers in Zurich, Geneva, Lugano and Zug. Its core business is advising clients on innovative and complex transactions and representing them in litigation, arbitration and regulatory proceedings. The firm's clients range from multinational corporations to private individuals in Switzerland and around the world.

Bär & Karrer has been repeatedly awarded Switzerland's "Law Firm of the Year" by the most prestigious international legal ranking agencies.

WWL says: Andreas Länzlinger possesses top-tier expertise in internal investigations and displays deep prowess in the management of business crime proceedings.

This biography is an extract from Who's Who Legal: Switzerland which can be purchased from our Shop.

Who's Who Legal Investigations: Lawyers

Andreas D Länzlinger heads Bär & Karrer’s internal investigation and cross-border proceedings practice. He is based in Zurich and has been a partner since 2000.

Andreas D Länzlinger has extensive experience in handling complex banking, commercial, corporate and insurance litigations, both domestic and cross-border. He and his team have conducted numerous large-scale internal investigations at global enterprises in the financial, pharmaceutical and construction businesses.

He has represented Swiss clients in a number of mass tort litigation cases before US courts. In recent years, Andreas D Länzlinger has also regularly advised and represented Swiss corporate clients in compliance matters, among others before US authorities such as the US Department of Justice, the SEC and the FED.

Andreas D Länzlinger is the author of several publications on lender liability, Swiss corporate law and compliance issues in connection with the fight against corruption.

He holds a Dr iur from the University of Zurich and is a member of the Zurich, the Swiss and the International Bar Association. Andreas D Länzlinger speaks German, English and French.

Bär & Karrer is a renowned Swiss law firm with more than 150 lawyers in Zurich, Geneva, Lugano and Zug. Its core business is advising clients on innovative and complex transactions and representing them in litigation, arbitration and regulatory proceedings. The firm's clients range from multinational corporations to private individuals in Switzerland and around the world.

Bär & Karrer has been repeatedly awarded Switzerland's "Law Firm of the Year" by the most prestigious international legal ranking agencies.

WWL says: Andreas Länzlinger is an "overall excellent lawyer with great experience" who distinguishes himself as a go-to practitioner in multi-jurisdictional investigations brought by state authorities. 

This biography is an extract from Who's Who Legal: Investigations which can be purchased from our Shop.

Who's Who Legal Switzerland - Investigations

Andreas D Länzlinger heads Bär & Karrer’s internal investigation and cross-border proceedings practice. He is based in Zurich and has been a partner since 2000.

Andreas D Länzlinger has extensive experience in handling complex banking, commercial, corporate and insurance litigations, both domestic and cross-border. He and his team have conducted numerous large-scale internal investigations at global enterprises in the financial, pharmaceutical and construction businesses.

He has represented Swiss clients in a number of mass tort litigation cases before US courts. In recent years, Andreas D Länzlinger has also regularly advised and represented Swiss corporate clients in compliance matters, among others before US authorities such as the US Department of Justice, the SEC and the FED.

Andreas D Länzlinger is the author of several publications on lender liability, Swiss corporate law and compliance issues in connection with the fight against corruption.

He holds a Dr iur from the University of Zurich and is a member of the Zurich, the Swiss and the International Bar Association. Andreas D Länzlinger speaks German, English and French.

Bär & Karrer is a renowned Swiss law firm with more than 150 lawyers in Zurich, Geneva, Lugano and Zug. Its core business is advising clients on innovative and complex transactions and representing them in litigation, arbitration and regulatory proceedings. The firm's clients range from multinational corporations to private individuals in Switzerland and around the world.

Bär & Karrer has been repeatedly awarded Switzerland's "Law Firm of the Year" by the most prestigious international legal ranking agencies.

WWL says: Andreas Länzlinger offers clients deep and varied expertise in investigations, with experience assisting companies across the pharmaceutical, construction and banking industries among others.

This biography is an extract from Who's Who Legal: Switzerland which can be purchased from our Shop.

Who's Who Legal Insurance & Reinsurance: Lawyers

Andreas D Länzlinger heads Bär & Karrer’s internal investigation and cross-border proceedings practice. He is based in Zurich and has been a partner since 2000.

Andreas D Länzlinger has extensive experience in handling complex banking, commercial, corporate and insurance litigations, both domestic and cross-border. He and his team have conducted numerous large-scale internal investigations at global enterprises in the financial, pharmaceutical and construction businesses.

He has represented Swiss clients in a number of mass tort litigation cases before US courts. In recent years, Andreas D Länzlinger has also regularly advised and represented Swiss corporate clients in compliance matters, among others before US authorities such as the US Department of Justice, the SEC and the FED.

Andreas D Länzlinger is the author of several publications on lender liability, Swiss corporate law and compliance issues in connection with the fight against corruption.

He holds a Dr iur from the University of Zurich and is a member of the Zurich, the Swiss and the International Bar Association. Andreas D Länzlinger speaks German, English and French.

Bär & Karrer is a renowned Swiss law firm with more than 150 lawyers in Zurich, Geneva, Lugano and Zug. Its core business is advising clients on innovative and complex transactions and representing them in litigation, arbitration and regulatory proceedings. The firm's clients range from multinational corporations to private individuals in Switzerland and around the world.

Bär & Karrer has been repeatedly awarded Switzerland's "Law Firm of the Year" by the most prestigious international legal ranking agencies.

WWL says: The "fantastic" Andreas Länzlinger is an an exemplary insurance litigator who proficiently represents clients in cross-border and domestic proceedings. 

This biography is an extract from Who's Who Legal: Insurance & Reinsurance which can be purchased from our Shop.

Who's Who Legal Switzerland - Insurance & Reinsurance

Andreas D Länzlinger heads Bär & Karrer’s internal investigation and cross-border proceedings practice. He is based in Zurich and has been a partner since 2000.

Andreas D Länzlinger has extensive experience in handling complex banking, commercial, corporate and insurance litigations, both domestic and cross-border. He and his team have conducted numerous large-scale internal investigations at global enterprises in the financial, pharmaceutical and construction businesses.

He has represented Swiss clients in a number of mass tort litigation cases before US courts. In recent years, Andreas D Länzlinger has also regularly advised and represented Swiss corporate clients in compliance matters, among others before US authorities such as the US Department of Justice, the SEC and the FED.

Andreas D Länzlinger is the author of several publications on lender liability, Swiss corporate law and compliance issues in connection with the fight against corruption.

He holds a Dr iur from the University of Zurich and is a member of the Zurich, the Swiss and the International Bar Association. Andreas D Länzlinger speaks German, English and French.

Bär & Karrer is a renowned Swiss law firm with more than 150 lawyers in Zurich, Geneva, Lugano and Zug. Its core business is advising clients on innovative and complex transactions and representing them in litigation, arbitration and regulatory proceedings. The firm's clients range from multinational corporations to private individuals in Switzerland and around the world.

Bär & Karrer has been repeatedly awarded Switzerland's "Law Firm of the Year" by the most prestigious international legal ranking agencies.

WWL says: Andreas Länzlinger is widely recognised as a top practitioner in insurance-related litigation, with peers applauding his "excellent ability to assess the facts".

This biography is an extract from Who's Who Legal: Switzerland which can be purchased from our Shop.

Who's Who Legal Switzerland - Litigation

Andreas D Länzlinger heads Bär & Karrer’s internal investigation and cross-border proceedings practice. He is based in Zurich and has been a partner since 2000.

Andreas D Länzlinger has extensive experience in handling complex banking, commercial, corporate and insurance litigations, both domestic and cross-border. He and his team have conducted numerous large-scale internal investigations at global enterprises in the financial, pharmaceutical and construction businesses.

He has represented Swiss clients in a number of mass tort litigation cases before US courts. In recent years, Andreas D Länzlinger has also regularly advised and represented Swiss corporate clients in compliance matters, among others before US authorities such as the US Department of Justice, the SEC and the FED.

Andreas D Länzlinger is the author of several publications on lender liability, Swiss corporate law and compliance issues in connection with the fight against corruption.

He holds a Dr iur from the University of Zurich and is a member of the Zurich, the Swiss and the International Bar Association. Andreas D Länzlinger speaks German, English and French.

Bär & Karrer is a renowned Swiss law firm with more than 150 lawyers in Zurich, Geneva, Lugano and Zug. Its core business is advising clients on innovative and complex transactions and representing them in litigation, arbitration and regulatory proceedings. The firm's clients range from multinational corporations to private individuals in Switzerland and around the world.

Bär & Karrer has been repeatedly awarded Switzerland's "Law Firm of the Year" by the most prestigious international legal ranking agencies.

WWL says: Andreas Länzlinger “certainly belongs on any list of leading practitioners”, say peers, who speak highly of his work in the financial and insurance industries.

This biography is an extract from Who's Who Legal: Switzerland which can be purchased from our Shop.

Who's Who Legal Litigation: Lawyers

Andreas D Länzlinger heads Bär & Karrer’s internal investigation and cross-border proceedings practice. He is based in Zurich and has been a partner since 2000.

Andreas D Länzlinger has extensive experience in handling complex banking, commercial, corporate and insurance litigations, both domestic and cross-border. He and his team have conducted numerous large-scale internal investigations at global enterprises in the financial, pharmaceutical and construction businesses.

He has represented Swiss clients in a number of mass tort litigation cases before US courts. In recent years, Andreas D Länzlinger has also regularly advised and represented Swiss corporate clients in compliance matters, among others before US authorities such as the US Department of Justice, the SEC and the FED.

Andreas D Länzlinger is the author of several publications on lender liability, Swiss corporate law and compliance issues in connection with the fight against corruption.

He holds a Dr iur from the University of Zurich and is a member of the Zurich, the Swiss and the International Bar Association. Andreas D Länzlinger speaks German, English and French.

WWL says: Andreas Länzlinger is a highly respected commercial litigator with a strong cross-border practice and extensive experience in the banking and finance sectors.

This biography is an extract from Who's Who Legal: Litigation which can be purchased from our Shop.

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