Industry focus: Media and entertainment in Netherlands
Allen & Overy LLP
Allen & Overy LLP serves clients in the publishing, broadcasting, and live entertainment industries, particularly in respect of corporate and M&A transactions. Herald Jongen heads the team and, together with corporate senior associate Gijs Linse, advises clients including Q-Music, De Persgroep, and Wolters Kluwer. The team assisted the latter on a variety of M&A transactions and divestments designed to strengthen its media assets.
Led by Olaf Trojan and Paul Waszink, the Bird & Bird LLP team offers a comprehensive service across the media sector ranging from freedom of speech to violations of the Media Act and issues surrounding loot boxes. Recent work includes representing Skyscanner in a high-profile case concerning accusations it presented misleading ticket offerings in its search results; following a District Court ruling, the team is representing the client on its appeal to the Supreme Court. Other clients include NPO, Discovery and Sony Pictures. Senior associate Berend van der Eijk has a strong focus on the tech side and there have been a number of recent new hires including Marianne Minnecré from the Dutch Media Authority.
Brinkhof has an outstanding range of capabilities in the media/TMT spaces from traditional publishing to telecoms and the online sectors. It has been involved in many ground-breaking cases including the copyright status of hyperlinking, the right to be forgotten, image rights, and the various regulatory regimes. Remy Chavannes, Quinten Kroes, and 'the brilliant' Dorien Verhulst are the senior members of a team which acts for Google and Sky Radio on a range of matters and is also acting for the Association of Dutch Commercial Radio Broadcasters in a dispute with Sena over performing rights rate-setting.
Kennedy Van der Laan 'has a full spectrum of media knowledge' and a 'clear understanding of ethical issues in media reporting and the EU regulations protecting press reporting'. Team head Jens Van den Brink 'is a smart negotiator and his strategic advice is outstanding. His team brings all aspects you might seek in a media desk. All are great to work with'. Emiel Jurjens is also well rated, especially on account of his track record of winning cases. Counsel Christien Wildeman acts for De Persgroep and is known for her defamation expertise. The team acted for NOS, RTL, and De Persgroep in proceedings before the European Court of Human Rights concerning access to state-held information on the MH17 plane crash.
With a strong focus on media and IP matter, Boekx Advocaten provides expertise in online publishing, newspapers, magazines, TV and entertainment, and has a noted track record in defamation cases. Matthijs Kaaks and Otto Volgenant are the senior partners whose work includes acting for Professor Stijn Franken against De Telegraaf when it accused him of being a ‘postman’ for a notorious criminal. The paper was ordered to rectify the accusation and pay a substantial amount in damages. Other clients include the European Commission and Warner Bros TV.
De Brauw Blackstone Westbroek is considered 'strong on know-how and capable of handling complex litigation'. It is also noted for being 'proactive in getting to a solution'. IP and media expert Tobias Cohen Jehoram heads the team and acted for Anne Frank Stichting in a number of copyright disputes, including with Anne Frank Fonds over the copyright in certain parts of the famous diary. Senior associates Samantha Brinkhuis and Selmer Bergsma cover IP litigation and media and advertising matters. The team also continues to advise NOS regarding the broadcasting rights for the Dutch Premier League football competition.
Houthoff's practices are grouped into IT/internet, outsourcing, telecoms, media and technology, and privacy and data protection. Thomas de Weerd heads the TMT group and counsel Thijs Van Aerde specialises in media and IP cases. In recent work, the team advised the owners of Spinnin Records on its sale to Warner Chappell Music Group. It also acted for the Telegraaf Media Group in Supreme Court litigation against the Dutch state concerning the incorrect implementation of the European Database Directive, which would have prevented the client from publishing its own programme guide.
HOYNG ROKH MONEGIER
The team at HOYNG ROKH MONEGIER 'is always committed to the success of the case and is extremely skilled in identifying the best strategy and the best defensive arguments'. For one client, 'there is no doubt that if you have problems in the Netherlands this firm is the right address'. This IP boutique has an established track record in the media/new media and entertainment areas, especially for disputes. Joris van Manen heads the team and 'great lawyer' Laura Fresco 'has an extraordinary ability in handling client relationships and is skilled in bringing the client to a final victory'. The group is handling a number of copyright cases for media companies and is representing the John Lennon Estate (Yoko Ono) against various abuses across the EU of John Lennon’s personality rights.
Stibbe's telecoms, media, and entertainment group assists clients on corporate and M&A matters and disputes; it acted for Liberty Global and its Dutch subsidiary Ziggo in a court battle with Fox over the client's right to distribute the Fox Sports channels, including coverage of live football matches in the Dutch market. Judica Krikke and Jan Reinier van Angeren co-head the group and advised Payvision on the sale of a majority stake of 75% to ING. There have been a number of new hires including associate Jasper Klopper from Allen & Overy LLP.
The Van Doorne team is recommended for being 'very dedicated and able to bring together the right experts in a team'. Kriek Wille and Louis Jonker are highlighted for their 'tactical' approach to solving disputes. Jeroen Sombezki specialises in sector-related corporate matters and Marjolijn Lips likewise for employment matters. The team has an established client base that includes Walt Disney as well as publishers, broadcasters, and gaming organisations. It acted for Erdee Media Group on a range of matters including copyright and data protection and also represented the client in an appeal case on alleged unlawful publishing and the legitimacy of keeping news articles in online archives.
Visser Schaap & Kreijger
The lawyers at Visser Schaap & Kreijger are 'highly appreciated for their expertise in IP, copyright, and administrative law, and competition law is of added value'. They are also noted for 'understanding the market well'. The team's clientele spans publishers, copyright societies, national and international broadcasters, and production companies. It is acting for Sanoma Media and Edwin Smulders in a case that will test if a person can remain unknown; the court is being asked to prohibit the taking or publishing of pictures of the individual. Jacqueline Schaap and Dirk Visser head the team and senior associate Patty de Leeuwe is a key team member.
The bureau Brandeis team is 'hands-on, focused, proactive, and a pleasure to work with'. Christiaan Alberdingk Thijm, Hans Bousie, and Machteld Robichon are the senior members of a team which 'operates at a high level and are strategic thinkers'. The team represented KPN/XS4ALL in a case concerned with the issue of whether internet providers can be ordered to block websites that infringe copyright. It is also acting for the Dutch Association of Publishers in a digital copyright case concerning e-book rights which was referred to the ECJ.
Höcker Advocaten is highlighted for its 'fast responses and broad knowledge' in respect of media and data protection matters. The team's broad client base includes performing rights organisations as well as clients in the music, literary, and film industries. Associate Marijn Kingma is noted for being 'to the point, reliable, and with broad knowledge'. Willem Roos and Joep Meddens co-head the team that represented Stichting de Thuiskopie, which collects private copying levies, in a Court of Appeal case over whether electronic devices should be included in the levy.
Le Poole Bekema
Le Poole Bekema specialises in media, advertising, IP, and privacy law, especially in the film and television industries; it is known for handling defamation and advertising-related litigation. Anne Bekema and Bas Le Poole continue to represent the Telegraaf Media Groep on numerous cases where the publication of its articles are challenged. The team also advised STER, which is responsible for advertising via Dutch public broadcasters, on various matters including e-privacy, use of personal data, advertisement, and media law.
Home to 'a refreshing group of individuals', Leeway is reported to have 'a strong reputation in the field of media and entertainment and trade mark law'. The team's impressive client roster includes international film and TV companies such as Warner Bros. Marga Verwoert's 'reputation as a litigator' is highlighted as are her 'impeccable judgement calls'. The 'very pragmatic and likeable' Michiel Odink is defending Amazon in a complex dispute with a movie production company over claims that Amazon infringed its movie distribution rights.
Anne Marie Verschuur, who is an IP and litigation expert, oversees the NautaDutilh media group that also includes associate partners Jolize Lautenbach and Saskia Nuijten. The team is acting for the city of Amsterdam on an issue regarding an agreement with the city broadcaster AT5 on its future broadcasting. It also acts for NPO on issues around public broadcasting.
Van Kaam IP & Media
'Hands on and with deep knowledge of the industry', Van Kaam IP & Media is 'particularly strong in defamation law and is frequently involved in high-profile media litigation cases'; the team is also noted for its 'good understanding of journalism'. The highly experienced Bertil van Kaam is 'a strong litigator, good negotiator, and a very strategic partner'; Remco Kloters is an experienced litigator who represents broadcasters and high-profile individuals. The group is acting for Fremantle Media Nederland on two #metoo cases; one where the parties involved worked at the client organisation and another where Fremantle was challenged over a broadcast.
Dikhoff van Dongen Advocaten
Sander Dikhoff, Rob van Dongen, and Gaico Bos, all of whom have a background in the entertainment industries, are the key lawyers at niche firm Dikhoff van Dongen Advocaten. The team offers extensive expertise in the TV, theatre, and music arenas including digital entertainment. It handles an array of matters from joint ventures and takeovers to the removal of infringing web pages and incorrect data from search engines and acts for clients including the Dutch Film Festival and various music companies.
Freshfields Bruckhaus Deringer
Freshfields Bruckhaus Deringer offers strong corporate and competition/antitrust expertise to an impressive range of TMT clients including MTN Group, Ziggo, and Liberty Global. Dirk-Jan Smit is the managing partner of the Amsterdam office and advises on a range of corporate matters ranging from transactional to disputes faced by media companies. Harald Spruit is also a noted member of the team.
The Greenberg Traurig LLP media and entertainment practice is led by Radboud Ribbert whose expertise spans IP as well as broader entertainment law where he takes on both transactional matters and disputes. Clients range from international performers and theatres to TV companies on matters including brand protection and corporate transactions.
Hofhuis Alkema Groen
Well known for its IP practice, Hofhuis Alkema Groen has a track record acting for media clients or in cases with implications for media and digital media rights. Named partners Jesse Hofhuis , Arnout Groen, and Adonna Alkema offer collective expertise in areas including database rights and copyright and have been involved in several landmark cases involving the use of IP in the media arena. Clients include Hollywood studios, Facebook, and the Motion Picture Association of America.
Hoogenraad & Haak, advertising + IP advocaten is well known for its advertising expertise including in the media, entertainment, and technology sectors and advises on sponsorship deals, talent agreements, and defamation matters. In recent work, the team advised a media client on all aspects of the launch of an online video service. Ebba Hoogenraad and Daniel Haije are the well-respected senior practitioners.
Sikke Kingma heads the IP and media practice at Pels Rijcken & Droogleever Fortuijn NV which serves a range of government agencies, municipalities, and corporate clients and has an established reputation for handling Supreme Court cases. The team acted for the Municipality of Rotterdam in an action brought by Persgroep Nederland concerning the right to broadcast a tribute to the players of Feyenoord football club. The group is also handling a Supreme Court case concerning issues of freedom of the press.
The Simmons & Simmons media and entertainment team offers 'swift answers', according to one client. The team is led by managing associate and IP practice head Paul Tjiam, who is appreciated for his ability to 'translate client's views into legal arguments'. Other team members include litigation partner Bas Berghuis and counsel Machteld Hiemstra. The team's clients include Terumo, Warner Brothers, VEON, and Doorbraak.