The Legal 500

Clifford Chance

What we say about the firm's legal practice in Netherlands

Arbitration

Within Arbitration, Clifford Chance is a third tier firm,

Jeroen Ouwehand and Juliette Luycks are recommended for arbitration matters at Clifford Chance. The team demonstrates real strength in handling complex multi-jurisdictional work, and recently represented Shell Nigeria Ultra Deep in a dispute with the Government of Nigeria.

Asset finance and structured finance

Within Asset finance and structured finance , Clifford Chance is a first tier firm,

Clifford Chance is ‘without a doubt the best in the field’ of asset and structured finance. Kees Westerman is ‘very strong’ and the team as a whole ‘has strong product knowledge and a global presence’. The team developed the first ever Dutch covered bond programme for ABN AMRO, and is working on a number of other covered bond programmes. Clients praise the team’s innovative practice which ‘established the Dutch Covered Bond law in July 2008’. Tineke Kothe is recommended, as is up-and-coming associate Rezah Stegeman.

Banking and finance

Within Banking and finance, Clifford Chance is a first tier firm,

Clifford Chancehas better knowledge of documentation and industry than most other firms in the Netherlands’ and offers both Dutch and English law expertise. The team boasts, ‘outstanding lawyers, all are very down to earth and available for all levels of transaction’, and acted for Barclays, ING Bank N.V. and Bank of Ireland in the acquisition financing of Ad van Geloven. On the lending side, the practice has advised BNP Paribas and ABN AMRO. Bas Boris Visser and Jelle Hofland have ‘an active approach to solving issues and good knowledge of the latest market developments’. Practice head Mark Huddlestone is singled out for particular praise by clients, with Angela McEwan and Jackie Jones also recommended.

Capital markets

Within Capital markets, Clifford Chance is a first tier firm,

Clifford Chance’s capital markets team demonstrates ‘fast turn-around time, good liaison with their international partners, and day-and-night execution capabilities’. The team has an excellent market profile for its DCM capabilities, and is also heavily engaged on the equity side. The practice continued its role in numerous MTN programmes and stand-alone issues for leading arrangers and high-profile issuers such as Deutsche Telekom, E.ON, and Commerzbank. As for equity, the team has advised Barclays on its announced share exchange offer for ABN AMRO. Recent highlights include acting for Rabo Securities in connection with a proposed offering by a Euronext Amsterdam-listed issuer. Hans Beerlage and Thijs Alexander are highly recommended by clients.

Commercial litigation

Within Commercial litigation, Clifford Chance is a third tier firm,

Jeroen Ouwehand heads Clifford Chance’s litigation practice. Recent highlights for the practice include representing various investors in the liquidation of shares in a Dutch subsidiary of Yukos Oil Company, Yukos Finance. The team has also recently represented Deutsche Bank, Barclays, and Harbourmaster in proceedings brought by the receivers of KPNQwest.

Corporate and M&A

Within Corporate and M&A, Clifford Chance is a second tier firm,

Clifford Chance’s practice focuses on high-end transactions, and demonstrates strength in complex international transactions. Recently the team, led by Charles Eijsbouts, advised Staples Inc. on its public offer for all outstanding shares in Corporate Express. The team is active advising Russian and other international clients, including RESO Holdings Limited, on the disposal of a 33% stake in Russian insurer RESO GARANTIA. The team is praised for its ‘excellent client contact, dedication, and co-ordination’. One client states, ‘the proof of the pudding is in the eating, and I have enjoyed this pudding’. Gregory Crookes was recently promoted to partner, taking the total number to 12.

EU and competition

Within EU and competition, Clifford Chance is a second tier firm,

Clifford Chance’s inter-practice co-operation is ‘seamless’ according to one source. The competition team is ‘professional and able to deliver high quality’. Recently the team, led by ‘strategic lawyer’ Geert van der Kils, advised European Directories on the competition issues surrounding the acqusition of Truvo Nederland , the publisher of the Dutch Yellow pages (Gouden Gids). The practice has a strong client portfolio that includes Vodafone, L’Oréal, and ebay. The team is praised for its ‘perfect technical support’.

Employment

Within Employment, Clifford Chance is a third tier firm,

Head of employment at Clifford Chance Ruth van Andel is ‘highly respected by clients’. Recently the team has been advising Royal Shell Dutch on their multi-juristictional IT infrastructure outsourcing, as well as acting for a number of high-net-worth individuals. Other highlights include advising European Directories on employment and pensions aspects of the acquisition of Truvo Nederland. One client states ‘it’s the individual who makes the difference, and Ruth really does’.

Energy

Within Energy, Clifford Chance is a second tier firm,

Tom de Waard, who specialises in M&A-related energy work, and Tjepco van Voorst Vader, who covers the regulatory side, head Clifford Chance’s energy practice. The team has advised a large European energy company on its intended acquisition of a Dutch energy company, and has also acted as project counsel for the Dutch law partnership between ENECO and ENECOGEN.

Environment and planning

Within Environment and planning, Clifford Chance is a second tier firm,

Jaap Koster, who arrived last year from Houthoff Buruma, heads Clifford Chance’s environment and planning practice. The team of ten fee earners advises and litigates in relation to M&A, infrastructure and energy projects, as well as legislation regarding waste, emission rights and sustainability issues. The team advised CVC Capital Partner on environmental aspects pertaining to a majority stake in the Dutch supermarkets group, Schuitema.

Information technology

Within Information technology, Clifford Chance is a second tier firm,

Clifford Chance’s IT team has advised Shell on its multi-juristictional infastructure outsourcing. Vodafone Netherlands is a key client for the practice, as is Accenture Netherlands, which appointed the team as preferred partner for its outsourcing and contracting work. The team regularly advises on the IT aspects of M&A deals. Alvin Khodabaks is the heads the practice.

Intellectual property

Within Intellectual property, tier 5

Clifford Chance’s intellectual property practice’s primary focus is on soft IP matters. The team, led by Alvin Khodabaks, acts for clients in the fashion and design companies, and represents Endemol in litigation relating to copyright infringement and unfair competition regarding the Big Brother format.

Legal market

Within Legal market,

The Dutch legal market remains dominated by domestic players including De Brauw Blackstone Westbroek, Nautadutilh and Houthoff Buruma. Some international firms have also established themselves, including Clifford Chance, whose banking practice remains a force in the market; while Allen & Overy LLP benefits from being the one firm to straddle the domestic and international markets.

Media and entertainment

Within Media and entertainment, Clifford Chance is a second tier firm,

Clifford Chance’s Joachim Fleury demonstrates ‘depth of knowledge and excellent communication skills’, while the team is ‘internationally experienced and service-oriented’. The three-partner team counts Endemol, BBC, and AOL as clients. One client states ‘I instruct Joachim and his team on international matters because the triangle of London, Amsterdam and Düsseldorf works well’.

Mediation

Within Mediation, Clifford Chance is a first tier firm,

Clifford Chance has been involved in mediations in the energy and telecoms sectors.

Private equity

Within Private equity, Clifford Chance is a first tier firm,

Clifford Chance has a first-class reputation in the market for its private equity work. The team advised Candover and London Acquisition on an intended recommended cash offer for Stork, the Dutch industrial conglomerate. Another highlight was advising Gilde Buy Out Partners in relation to its intended public bid of Royal Econosto. Clients also include 3i, and Goldman Sachs Capital Partners. Charles Eijbouts heads the practice. Gregory Crookes and Sander Klassen were recently appointed partners within the team which is recommended for its ‘quality of legal structuring, availability and fast processing’.

Project finance and PFI

Within Project finance and PFI, Clifford Chance is a first tier firm,

Clifford Chance has a leading projects team, with includes star performers such as Jaap Koster, Theo Kliebisch and Mark Huddlestone. The team advised Coentunnel Company on reaching its financial close for the 2nd Coentunnel project, the largest PPP infrastructure project on the Dutch market. Another highlight for the practice was the advising lenders on the financing of the Sloecentraleproject. The team is ‘very responsive, has quick turnaround times and is proactive in sharing market intelligence’. One client states ‘Clifford Chance set the standard that needs to be matched by other firms’.

Real estate

Within Real estate, Clifford Chance is a second tier firm,

Clifford Chance has a wealth of talent in its real estate practice. Recent highlights for the practice include advising CVC Capital on the acquisition of a majority stake in Schuitema, owning and leasing over 450 supermarkets in the Netherlands. A team led by Helena Hoops and Jonne Buijtels advised Goodman UK Limited, Goodman France, Dollplace Limited and GPI Holdings Limited on the sale of Goodman Property Investors. Jaap Koster and Tjepco van Voorst Vader are recommended.

Restructuring and insolvency

Within Restructuring and insolvency, Clifford Chance is a second tier firm,

Clifford Chance’s team benefits from the strength of the firm’s banking practice, and has advised the Dutch Central Bank on the purchase by the government of the Dutch banking and insurance subsidiaries of the Fortis group. The practice has also advised a number of financial institutions across the globe in relation to the Dutch insolvency of Lehman Treasury.

Shipping, aviation and transport

Tax

Within Tax, Clifford Chance is a third tier firm,

Clifford Chance is ‘particularly proactive in dealing with changes in tax law and adjustments to the complex Netherlands tax regimes’. The team is well positioned to cover every aspect of tax advice and Frank de Vos is ‘especially impressive, with an excellent grasp of deal structures and the ability to explain complex tax issues clearly’. The team recently advised Hertz in its €1.5bn international fleet financing, as well as advising Barclays on its announced share merger with ABN AMRO. Ate van IJlzinga Veenstra heads an ‘efficient team’.

Telecoms

Within Telecoms, Clifford Chance is a third tier firm,

Clifford Chance’s Joachim Fleury is described as ‘very good value for money, service-oriented, with excellent communication skills’. The team of ‘open-minded, internationally experienced lawyers’ advised Deutsche Telekom and T-Mobile Netherlands Holding on the acquisition of Orange Netherlands from France Télécom.


What we say worldwide

Please choose another Clifford Chance office to view full details of what we say in that region, or choose from this list to view a specific editorial reference in context.

United Arab Emirates

Offices in Abu Dhabi and Dubai

Belgium

Offices in Brussels

Bahrain

China

Offices in Shanghai and Beijing

Czech Republic

Offices in Prague

Germany

Offices in Dusseldorf, Frankfurt, and Munich

Algeria

Spain

Offices in Madrid and Barcelona

France

Offices in Paris

Ghana

Hong Kong

Offices in Hong Kong

India

Italy

Offices in Rome and Milan

Japan

Offices in Tokyo

Jordan

Kuwait

Lebanon

London

Offices in London and London

Luxembourg

Offices in Luxembourg

Morocco

Netherlands

Offices in Amsterdam

Oman

UK Overview

Philippines

Poland

Offices in Warsaw

Qatar

Romania

Offices in Bucharest

Russia

Offices in Moscow

Singapore

Offices in Singapore

South Korea

Taiwan

Thailand

Offices in Bangkok

Tunisia

US

Offices in Washington DC, New York, and Menlo Park

Legal Developments by:
Clifford Chance

Legal Developments in Netherlands

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • State aid risks involved in real estate transactions and public-private partnerships

    Private undertakings that engage in commercial transactions with public authorities located in the EU should be more aware of the risk of unlawful state aid. This is especially true for construction or development companies, as well as real estate funds, when participating in projects with public authorities involving the sale and/or finance of buildings or land. In many of these transactions the risks of state aid are either ignored or overlooked. In general, state aid is forbidden and any unlawful state aid including interest is to be recovered from the recipient undertaking. The recipient undertaking therefore bears the risks of unlawful state aid. Hence the importance for undertakings to determine whether a risk of state aid exists in relation to commercial transactions with public authorities. If so, appropriate steps should be taken to seek compliance with rules on state aid or to notify such aid to the European Commission.
    - Boekel De Nerée
  • Distributing dividends in the Netherlands

    Several questions arise when your  Dutch subsidiary distributes dividends. Below we set out numerous issues, on a non-exhaustive basis, that have to be addressed in the process of distributing dividends.
    - Boekel De Nerée
  • Employee participation and works councils in the Netherlands

    Companies going through global reorganisations often have to deal with local rules and regulations relating to employee participation. Observing these rules and regulations is often of major importance to avoid any delay in the implementation of business decisions. This article describes some of the main aspects of the consultation process relating to works councils in the Netherlands. It covers the special provisions that apply to entrepreneurs employing at least 50 people.
    - Boekel De Nerée
  • Privatising environmental resources

    Anne-Marie Klijn, Joyeeta Gupta and Anita Nijboer discuss current investments in greenhouse gas reduction projects, and consider whether there is enough supervision of these contracts in the Netherlands and worldwide.
    - Boekel De Nerée
  • Price fixing on transfer of shares and the (non-performing) trustee in bankruptcy

    When entering into a joint venture, a great deal of attention can be devoted to the exit. For many hypothetical situations, the parties wish to lay down how the price of the interest to be transferred when a party exits is fixed. In practice, a substantial degree of flexibility is required in fixing the value of the interest to be transferred. Parties want to make the ‘reward' for the exiting partner depend on the circumstances of the exit. If, for example, a partner is being ousted on account of negligence, then this is a good reason to apply a discount to the real value of the interest involved.
    - Boekel De Nerée
  • Real estate funds under pressure: new round, new opportunities?

    Many reports have recently appeared in the media about downward revaluations of real estate portfolios. Although it is not exactly clear how big the decline in value has been, there seems to be a consensus in the market that the value of real estate has decreased considerably since autumn 2008. As a result, real estate investors have seen the value of their assets go down. This may also have far-reaching consequences for private, non-listed real estate funds. Because the financial crisis has now affected the economy as a whole, the risks have further increased. As commercial tenants are having more and more difficulty keeping their businesses going at the same level, rental income may be wiped out completely or in part. Real estate funds may have to endure a very rough period because of these developments. This may provide cause for financing banks to impose additional requirements on funds, under the threat of terminating credit or enforcing security interests.
    - Boekel De Nerée
  • Grote bouwprojecten niet in gevaar

    Als het aan de voorzieningenrechter van Utrecht ligt, kan op basis van een onder de oude Wet op de ruimtelijke ordening verleende vrijstelling gewoon een bouwvergunning worden verleend, ook als deze pas onder de per 1 juli 2008 in werking getreden nieuwe Wet op de ruimtelijke ordening (Wro) wordt aangevraagd. De Arnhemse voorzieningenrechter oordeelde op 22 april nog anders (FD 23 juli, in Recht en belastingen: 'Grote bouwprojecten dreigen te stranden'), maar daarvan is op 17 juli afstand genomen.
    - Lexence
  • Labour Law

    As a foreign employer in the Netherlands, it is important to know that there are many legal provisions that protect the interests of the employee. These are, among others, provisions regarding holidays, minimum wages, working hours and employment of disabled employees. As a consequence, you are not entirely free in concluding employment agreements. In this article, mr. Jan Dop will discuss the definition, contents and termination of an employment agreement, as well as matters relating to sickness of employees and discrimination. He will also give practical information on working conditions, pregnancy and parental leave.
    - Russell Advocaten
  • Private enforcement of competition law: a Dutch perspective

    T he European Commission (The Commission) plays hardball with respect to breaches of antitrust rules by companies. The fight against cartels remains a key priority for the Commission and record fines (for example with respect to elevator companies and car glass producers) have been frequently imposed.
    - Boekel De Nerée
  • Parent company protection

    This article discusses how to ensure that your Dutch subsidiaries do not contaminate the parent company with liabilities in times of financial crisis.
    - Boekel De Nerée