Corporate litigation is the area of law that focuses on the settlement of disputes between a company and those directly involved in it, such as disputes with and between shareholders, directors, supervisory directors and the employees’ council.
In the area of corporate litigation our team has recently handled the following cases:
- dispute between institutional investors and listed company Steinhoff. On behalf of the investors, who sought information through the Enterprise Chamber after serious fraud came to light, causing billions of Euros in stock market value to evaporate;
- dispute between the board of a real estate company and a 50% shareholder;
- dispute between a minority shareholder and a listed insurer (Nationale Nederlanden) over the correctness of the information provided in the case of a private placement of shares;
- disputes between (minority) shareholders and their fellow shareholders;
- post take-over disputes between founders/minority shareholders and private equity firms;
- acting for substantial minority shareholders against the Dutch Yukos foundations, to obtain fair distribution of remaining funds and to address financial mismanagement;
- shareholder dispute and inquiry procedure concerning a Russian food producer with a Dutch holding company (Leaderland);
- shareholder dispute and inquiry procedure concerning a Spanish-Russian telecommunications company (Zed+);
- assisting supervisory directors of KPNQwest N.V. in various disputes with, amongst others, financing banks.
Cases we handle include:
- accountability of directors, supervisory directors and shareholders;
- disputes between shareholders and the company;
- disputes between shareholders;
- power and decision making within a company;
- appointment and dismissal of directors and supervisory directors;
- procedures concerning takeovers, mergers, demergers, conversions, dissolution and settlement of legal persons.
Corporate litigation demands special tactical and strategic insight as the future of the company is often at stake and those involved usually have considerable financial interests in it. Corporate litigation cases have special procedures, such as the termination and resignation procedures for shareholders. These special procedures are often litigated before special judicial bodies; inquiry and the annual accounts procedures, for example, are taken to the Enterprise Chamber of the Amsterdam Court of Appeal. We know these procedures and the specialised courts like no other.
With corporate litigation experience is key. bureau Brandeis attorneys combine specialist knowledge of corporate law and the law of legal entities (Rechtspersonenrecht) with expertise in and extensive experience with astute litigation. bureau Brandeis´ corporate litigation practice is always embedded in a thorough knowledge of general property law, attachment and enforcement law and insolvency law.
The Netherlands, with its many holding companies set up here for tax purposes, often functions as an intermediary in international structures. Dutch judges, whose quality and impartiality is beyond doubt, are often called upon to solve problems that also affect other parts of the group established elsewhere, for instance with shareholders.
Corporate litigation, therefore, is often an international practice. We frequently assist international clients in disputes within the field of corporate litigation. bureau Brandeis is renowned for its collegial cooperation with other attorneys, both within the Netherlands and abroad.
bureau Brandeis’ corporate litigation attorneys are leading specialists in their field of expertise. We have a unique team which can be mobilized swiftly and effectively, both offensively and defensively. Our track record on cases we have successfully completed for our clients is impressive.