Corporate litigation & Dispute resolution
Wherever people work together, there is the potential for tension and conflicts. That is the case at businesses and institutions as well. More (and tighter) regulation often results in increased duties and responsibilities and therefore a heightened risk of liability. Shareholders who increasingly take a critical view of the company and its directors and supervisory directors, minority shareholders who oppose conflicts of interest, supervisory directors who are misinformed by the management board, directors encountering increasing meddling by a shareholder or supervisory board: it does not take long for a conflict to arise.
As part of the Corporate Litigation practice group, a team of experienced and expert lawyers focuses on preventing, resolving and settling every conceivable conflict that could arise at businesses and institutions. Our team advises and litigates in disputes or impending disputes with and between shareholders or partners, directors and supervisory directors or (internal) supervisory bodies.
Van Benthem & Keulen’s corporate litigation lawyers have a thorough understanding of the law of companies and legal entities, property law and the law of obligations and civil procedural law. They combine this knowledge with broad experience in negotiating and litigating in conflicts. The team’s working procedure is characterised by a pragmatic, no-nonsense approach in which the client’s interest is always the main concern. Our approach is aimed at achieving the most feasible solution and without unnecessary fuss for the client in the shortest possible time frame. Where possible in an out-of-court payment or a settlement, but where necessary in (urgent) proceedings before the ‘regular’ courts or the Enterprise Division, arbitration proceedings, or a binding advice or mediation procedure.
- Disputes with and between shareholders
- Takeover disputes
- Valuation disputes
- Disputes between and within bodies at legal entities
- Mismanagement (investigation proceedings)
- Buyout disputes
- Directors’ and officers’ liability
- Group liability
- Disputes between partners in a partnership of persons
Our corporate litigation team represents both corporate businesses and financial institutions such as (semi) non-profit organisations, in the healthcare and education sectors, for instance. We also work for insolvency practitioners in bankruptcy situations and we represent directors and supervisory directors/supervisory officers.
Recent cases Corporate litigation & Dispute resolution
- Various shareholder disputes at family businesses, some in the context of investigation proceedings
- Investigation into and advice in the context of abuses at the PrivaZorg care institution
- Representing a company in the disagreement on policy with shareholders and the works council
- Takeover disputes in connection with the breach of warranties/indemnities
- A takeover dispute concerning the valuation of the shares of the company acquired
- A dispute between shareholders in a (50/50) joint venture
- Representing a group of shareholders in an imminent conflict
A dispute between the partners in a public partnership