Lawyer Søren Bergenser has significant experience from giving lectures on issues relating to insurance law at the universities and private education providers.
Bergenser Law Firm advises on both drafting entire sets of insurance conditions as well as drafting select articles in the conditions.
As a special competence we assist international insurance companies in introducing new insurance products to the Danish market which products that are well known and commonly used internationally, in order to adapt the products in the most appropriate manner to the special Danish insurance law conditions, both regarding financial supervision law and to the Danish Insurance Contract Act. In relation to this Bergenser Law Firm provides legal opinions on the adapted policies and conditions.
Another special competence is interpretation of policies in relation to coverage, both in relation to fundamental Danish conditions, for instance SKAFOR’s conditions on casualty and product liability insurance, and in relation to fundamental insurance law interpretation of the provisions in the Danish Insurance Contract Act, as well as more specialized insurance products for instance recall insurance, contaminated products insurance or specialized insurance products relating to financial lines. With reference to the latter it is characteristic that the extent of coverage has not yet been determined in case law which is also the situation for English conditions under Danish law.
Bergenser Law Firm has extensive experience on the area and is experienced in both national and international arbitrational courts within these issues.
The cases usually revolve around special act crimes including insider trading, stock manipulation and fraudulent financial reporting (typically The Financial Business Act, The Securities Trading, etc.). In a business context it might, however, also concern fraud, fraudulent preference, embezzlement and bribery.
The cases vary widely, but are typically characterised by a complex and often prolonged case history, which require insight into trade conditions, accounting, cash flow, netting, clearing as well as a number of bank specific areas. Furthermore, insight into rules of criminal procedure is an essential focal point of these cases.
Bergenser Law Firm’s experience relates to both national and international contract parties and we have a vast experience with different types of national and international types of agreed documents, which typically makes out the whole or part of the contractual relation regarding delivery of products and services.
At Bergenser Law Firm we are very aware of the synergy between our other competence area, Dispute Resolution & Litigation, and the area of commercial contracts as these two business areas two sides of the same matter – the relation between two parties, and the conflict matters oftentimes gives good learning of how to prevent standard dispute situations, by making a thorough and written contract between the parties.
At Bergenser Law Firm we are focused on getting a deep insight in our client’s relations and in our client’s relation to their customers or the whole chain of revenue, which must be reflected in the contract between the parties, We have an extensive experience in participating in both long and short contractual negotiations. We are experienced in large outsourcing complexes and other types of structured and complex types of contractual relations, including larger deliveries of products and services, including software products and other intellectual and immaterial types of products.
Bergenser Law Firm advises our clients in evaluating if and how conflicts could arise and the aim of our advisory is to give our client the best possible overall outcome of a conflict situation, both economically and in relation to other measures.
It is a part of our mindset in all conflict situations in which we are involved that we evaluate whether the conflict could be settled amicably to avoid unnecessary costs and time spent for our client. We have an extensive experience in taking part in settlement negotiations, and if it is not possible to reach an reasonable amicable settlement from a judicial and commercial point of view, we have an extensive experience in taking the matter to court or different kinds of arbitrational courts, including the ICC and other international arbitrational courts.
All lawyers at Bergenser Law Firm are experienced within this area, both in relation to national and international conflicts.
Furthermore we have a vast experience in dispute resolution at different complaints boards, including The Auditors Board, the Disciplinary Board for Lawyers, the Real Estate Brokers Board, The Danish Complaint Board of Banking Services, The Business Appeals Board and other types of complaint boards dealing with disciplinary and/or civil liability for professionals.
Lawyer Søren Bergenser also acts as arbitrator in different types of arbitrational courts.
Bergenser Law Firm has experience with the Danish regulation of class action law suits which involves a structured coordination between the parties on both the claimant’s and the defendant’s side and oftentimes involves large claims.
Bergenser Law Firm are also experienced in mediation and other types of structured and alternative dispute resolution.
