Experience

Representing an educational institution which focuses on offering post-graduate programs in a dispute with a university regarding broken off negotiations.

Representation of a trustee in bankruptcy in proceedings where the trustee holds the former board members of the bankrupt company liable for the deficit in bankruptcy of
EUR 40 million.

Representation of an investor in real estate in disciplinary proceedings against the notary and attorneys involved .

Assisting a real estate investor in legal proceedings before the Enterprise Chamber in a shareholder dispute. The judgment is published here (ECLI:NL:GHAMS:2023:277) and here (ECLI:NL:GHAMS:2023:141).

Advising a large property development and construction company in an extensive and multidisciplinary conflict with a municipality.

Advising and assisted a large restaurant chain in various post-acquisition disputes with the transfer of shares.

Advising a NASDAQ-listed global logistics company on legislation regarding gender balance within the board of directors.

Advised and assisted a specialized healthcare institution regarding various disputes related to the development of real estate for a new care center, including a shareholders dispute.

Co-counsel of a large foreign state in Dutch proceedings to annul and revoke an arbitral award in a long standing, multi-jurisdictional dispute with several Mauritian entities concerning the termination of the lease of a valuable, state-owned satellite spectrum.

At the request of the officials appointed by the Enterprise Chamber, i.e. temporary appointed director, representing an IT company in a corporate inquiry proceeding (enquêteprocedure) before the Enterprise Chamber. We successfully filed a new request, initiating the second phase of the proceedings, in order to have the court rule on mismanagement.

Representation of an accounting and administration office in a shareholder dispute before the Enterprise Chamber.

Assisting one of the largest Dutch theaters in a dispute with a leading production company.

Representation of a founder of a hotel group in ongoing proceedings and claims including disciplinary proceedings against the notary involved, who has lodged an appeal against the decision of the court to allow the disciplinary claim of the client in relation to her role in the foreclosure of certain assets. In June 2021 the Court of Appeal confirmed that the notary breached a duty of care. The judgment is published here (ECLI:NL:GHAMS:2021:1062). Disciplinary proceedings against one of the lawyers involved are also pending. The judgment in first instance is published here  (ECLI:NL:TADRSGR:2022:222). Appeal proceedings are pending.

Representation of a subsidiary of a major oil & gas company in a take-over dispute against Korean power giant Chint, where Chint claims that an agreement was concluded on the sale of shares in a subsidiary.

Assisting a sustainable energy joint venture in a contractual dispute with one of its shareholders.

Representing Made in Africa in a take-over dispute against Vlisco. Made in Africa is 50% owned by Kojo Annan (son of the late UN Secretary-General Kofi Annan). Our client takes the position that there is an exclusivity clause in the take-over negotiations and that Vlisco breached its good faith obligations by breaking off negotiations and selling the target company to a third party.

Assisting a major transportation company in a criminal investigation of an industrial accident.

Representing a tree and plant nursery in a dispute involving third-party attachment and the right of retention.

Representing an international package delivery company in a contractual dispute with a credit management service provider.

Representation of a legal expenses insurer, in a post-acquisition dispute against the transferor of shares in relation to an (alleged) misrepresentation of the value of assets.

Co-counsel of a group company of an issuer – also being a major bondholder – of a bond program to fund its research and operations in the oil and gas industry, in a large dispute on the conversion of bonds and payment of loans.

Investigating the policies and the course of affairs within a car dealership as an investigator appointed by Dutch Enterprise Chamber of the Amsterdam Court of Appeals.

Representing the defendant in proceedings relating to the alleged purchase of a superyacht. The judgment is published here (ECL:RBAMS:2021:4531).

Advised Van Dijk Beheer on a minority participation in Van Dijk Banket by O2 Capital.

Acting for an Isle of Man based private equity investor and majority shareholder of a Netherlands based pharmaceutical company in multiple disputes related to this holding.

Representation of a private equity investor in an M&A-dispute with the seller with regards to the violation of guarantees in the SPA. The judgment is published here (ECLI:NL:RBROT:2021:2566 ).

Representation of the former directors of an investment firm in a dispute with a large investor who claims damages in connection with a loss of its investment.

Acting for one of our clients as claimant in arbitration proceedings before a NAI Tribunal, in respect of various claims under a shareholders agreement, amongst others founded on change of control clauses and non-compete arrangements.

Successfully represented an international wholesale trade pharmaceutical products company as plaintiff in summary proceedings before the Appeal Court of Leeuwarden. On appeal it was successfully argued that the executive bailiff had not acted within the boundaries of the interim judge’s leave and that the first instance interim judge had wrongly granted access to the seized information. Consequently, the Appeal Court ordered the defendants in appeal not to use any of its falsely gained information. The judgment is published here (ELI:NL:GHARL:2019:293).

Representation of one of the founder of easyHotel Benelux in a dispute with the financier of the group about (i.a.) the enforcement of security rights. The financier has invoked a technical event of default under the loan agreement and subsequently tried to foreclose the assets of the hotel group. In summary proceedings the court has allowed our client’s claim to cease the foreclosure of the hotel property group (valued at €155m), on the grounds that the investor has abused its security rights and is, in fact, not seeking a recovery of its loan but an appropriation of the Hotel group and its assets. The claim (valued at more than €60m) is currently being pursued.

Acting for a Dutch private equity investor in successful disciplinary proceedings against an auditor before the specialized Disciplinary Court for Auditors of the Zwolle district court. The judgment is published here (ECLI:NL:TACAKN:2022:11).

Representation of a partner in an accountancy firm in an exit dispute. The judgment is published here (ECLI:NL:RBGEL:2020:2896 ).

Acted for Rabobank on the collection of a receivable, pledged in its favour. In court proceedings in respect of the collection of the receivable, an objection to jurisdiction of the District Court of Amsterdam was filed on the basis that a pledgee should not be allowed to rely on a choice of forum in the underlying agreement between the pledgor and its counterparty. On behalf of Rabobank, we successfully opposed the objection both in the first instance and on appeal.

Acted for the former directors of a conglomerate of several natural resource companies, headquartered in The Netherlands, as defense counsel in directors’ liability litigation.

Representation of the court-appointed liquidator of a company that was subject to complex and intensive inquiry proceedings. The request of a shareholder to dismiss the liquidator was denied. The judgment is published here (ECLI:NL:GHAMS:2019:1753).

Representation of a private equity investor in a dispute with the bankruptcy trustee of De Combi Groep about the legality of dividend distributions and the annual accounts. The judgment is published here (ECLI:NL:RBROT:2020:4400), and confirmed in appeal.

Acted as legal counsel for a Japanese listed company (net sales of approx. €1.9 billion) in order to avoid the requested reopening of the liquidation process of one of its Dutch subsidiaries.

Acted as a legal counsel for one of the founding shareholders of a sport clothing brand in order to protect its minority stake.

Defended Baars Beheer, an industrial and offshore company, based in Sliedrecht, active in construction, lease and sale of container pontoons and Split Hopper barges. Dispute conducted before the Enterprise Chamber. All charges were refuted and the company’s counter petition to intervene in the supervisory board was accepted.

Acted for the litigation funding party of a collective action in the automotive industry.

Assisted a multi-billion African investment bank to recover outstanding bond and note claims in excess of €200m.

Assisted a multi-billion African investment bank to recover outstanding bond and note claims in excess of EUR 200 mio.

Defended Telor International Limited, the majority shareholder in Echo Pharmaceuticals B.V., active in production and development of therapeutic  cannabinoids. In a shareholder dispute before the Enterprise Chamber, all charges were refuted. Furthermore, the Enterprise Chamber held that there were sufficient grounds to question the conduct of the petitioning shareholder, which would merit an investigation into this conduct, precisely as we had argued on behalf of Telor. However the Court did not open said investigation in Echo’s interest. For the Court's decision from 23 February 2018 click here.

Represented the CRO before the Enterprise Chamber in a corporate dispute over the restructuring of VADA, a metal recycling business. All charges were refuted. For the Court decision click here.

Advised the board of directors of Home Center International B.V., parent company of a group of home improvement (DIY) retailing companies, with a dominant market position in Israel. We assisted the board as to the company's dealings with the group's lenders and supported certain proceedings before the District Court of Tel Aviv.

Representing Rabobank in precedent-setting dispute arising from one of the highest profile recent insolvencies in the Dutch retail sector. The judgment is published here. (ECLI:NL:GHAMS:2018:4807).

Acted as co-counsel for a former owner/director of one of the largest Dutch flight training schools in defending his interests against the administrators of the training school in a successful business mediation.

Representing an international distributor of liquor and beauty products in a dispute regarding i.a. an undue payment and a disputed claim transfer. The judgment is published here (ECLI:NL:RBDHA:2019:1420).

Acted as defence counsel to one of the non-executive board members in the D&O settlement with the trustee of the listed and bankrupted small-cap Innoconcepts.

Litigation before the interim judge of the Dutch EU trademark court concerning the seizure of infringing goods in relation to the Anti-Piracy Regulation. Represented  the defendant and the claim to have the seizure lifted was refuted.

Acted for the insured contractor in relation to the clean-up of a large oil spill.

Acted for Attero, the largest Dutch recycling and disposal company in Holland, in various commercial and insolvency related dealings with both subcontractors and a joint venture partner.

Represented a Dutch leisure boats’ manufacturer in appeal court litigation concerning copyright infringement of a competitor’s designs. In first instance and on appeal the claims were refuted.

Assisted a Dutch credit insurer in structuring the reinsurance of some of its risks.

Acted for Dutch Railways in the execution of its divestment in Syntus.