Track Record

Acting on behalf of Vleems in cassation proceedings initiated by FNV on the question of whether the bankruptcy exception regarding transfer of business applies to an allegedly prepared relaunch of the business. The case is related to the ECJ rulings on Smallsteps and Heiploeg. FNV's appeal in cassation was dismissed.
On behalf of the Vietnamese company Vert brought a claim for damages against G-Star for wrongful termination of supply agreements. The court ruled that G-Star was liable, in part because of the ESG standards applied by G-Star. The court has yet to rule on the extent of damages.
On behalf of Heredium requested preliminary witness hearings regarding losses incurred by Irish investors in a Rabobank-managed property fund due to potentially unnecessary sale of all the property (which property subsequently increased in value by tens of millions). The case revolves, inter alia, around the interpretation of the choice of forum clause in the settlement agreement and the question to what extent third-party clauses are possible under Irish law. Request granted in part, the court will rule on the remainder of the request.
On the instructions of the dean on behalf of the Russian SBK Art, instituted among others two cassation proceedings against Fortenova on the question whether freezing of the certificates held by SBK Art (with a value of EUR 400 mln) under the EU sanctions also implies that the voting rights are frozen.
Represented a real estate company in multiple proceedings against Japanese claims of EUR 15 mln, among others, leading to two favorable rulings.
Successfully represented a Turkish state-owned bank in proceedings in which the plaintiff claimed that the Turkish bank should not be allowed to exercise the voting rights on the shares pledged to it (with respect to a substantial credit) if this did not involve foreclosure.
Defended a holding company (which had issued more than EUR 700 mln in listed bonds) in several cases against a number of bondholders who demanded early repayment because the amounts had been lent on to a meanwhile bankrupt global investment holding company, where more than EUR 2.5 billion seems to have been placed outside the group.
On behalf of Lioncross appealed against the judgment that a claim of EUR 50 mln (relating to billion-dollar derivatives transactions) was rejected because documents had allegedly been forged.
Defended on behalf of a director against a claim based on director's liability in the amount of no less than EUR 500 million based on, among other things, international fraudulent conveyance transactions.
Conducted a defense on behalf of a stockbroker against claims based on allegedly promised shares and an alleged purchase obligation in a leaver clause.
Successfully defended a purchaser against claims for damages on account of unilateral deviation from the purchase agreement through adjustment of purchase amounts, assignments, set-offs and dividend tax adjustments.
Successfully brought professional liability claims on behalf of a liable director against a third party.
Successfully defended a Cypriot shareholder against the recognition and enforcement of a German arbitral award.
Successfully defended alleged de facto directors and interested parties of Chinese entities against claimed injunctions, prohibitions and penalties.
Several inquiry proceedings before the Enterprise Chamber.
Multiple cassation proceedings before the Supreme Court.
Multiple cases on behalf of various plaintiffs based on professional liability of lawyers, accountants and notaries.
Multiple cases on behalf of mostly defendants based on directors' liability.
Multiple restructurings as a solution to (impending) disputes between shareholders, with banks or other financiers or with new investors.