Directors' Liability & Boardroom Counselling
The global pandemic of Covid-19, better known as the coronavirus, creates big challenges for and potential claims against the boards and supervisory boards of Dutch companies and semi-public organizations. How to conduct a careful policy, to deal with the financial interests of stakeholders prudently, and to protect the health hazards of employees and customers in relation to the corporate interest? Will people not judge afterwards that you could or should have acted more carefully?
The Directors' Liability & Boardroom Counselling team knows the standards that apply and how the courts assess the extent of care required that directors and supervisory directors have to observe. Our people therefore act as ‘trusted advisors’ to the board members and supervisory bodies of (semi-public) undertakings in order to play by the rules, but also advise insurers that insure directors and supervisory bodies against claims for liability.
This gives our team a unique set-up. The team members are experienced legal specialists from all disciplines a director will have to deal with. In addition, they themselves serve as directors, supervisory directors, legal counsel, deputy judges, or mediators.
Our team has an extensive track record in large (publicity-sensitive) proceedings, shareholders’ claims, in investigations (into the cause of bankruptcies, internal irregularities, or investigations by supervisory authorities), and our team is highly regarded in international rankings of law firms.
1) Retail (Band 1 Legal 500 2020); 2) Financial Institutions (Band 2 Insurance Legal 500 2020); 3) IT/Privacy (Band 1 Legal 500 2020; 4) Media & Entertainment (Band 1 Legal 500 2020) 5) Fintech (Band 1 Chambers 2020); 6) Healthcare (Band 3 Legal 500)
Liability Disputes On behalf of and Against Directors
In a constant flow of cases, we represent managing directors and supervisory directors, being aware of the (possible) interests or conflicts of interests. If necessary we will go to court, but if desired, we will recommend other solutions that protect directors and supervisory directors from claims against their private capital. Especially in bankruptcies or (threatening) legal proceedings, strategic choices play an important role. This is where we contribute our expertise and knowledge of the insurance process.
Boardroom Counselling to prevent directors’ and officers’ liability and claims
We specialize in boardroom counselling, precisely in order to prevent directors’ and officers’ liability and claims against the company, the board and the supervisory board. Our clients are directors and supervisory directors of commercial businesses and institutions in the semi-public sector, such as housing corporations and health care institutions. We are a sparring partner for complicated and sensitive board issues, like important decision-making for ‘life changing events’ of a business (acquisition, merger, financial problems, reorganization and restructuring), financial policy and risk management, dealing with irregularities that were found in the organization, dealing with assisting in internal disputes with other bodies (shareholders and the works council), and new (sector-specific) developments that the business is confronted with.
D&O Insurances
In the end, the insurance is the final step for directors and supervisory authorities before “access” to the private capital is taken. The insurance must provide the right cover, in connection with an indemnification (in the articles of association), discharge from liability, and other arrangements the director makes when he is appointed and when he leaves with the legal entity or its representatives.
Market recognition
The Legal 500 EMEA 2023 - Insurance - Tier 1
Kennedy Van der Laan advises on EU and Dutch financial regulation relating to insurance, as well as handling claims concerning casualty, property and engineering, and reviewing policies. The firm has a strong focus on claims and policy drafting, and clients include insurers, both domestic and international, insurance brokers, pools and loss adjusters. As a member of the international network of Global Access Lawyers, the firm has access to global expertise in insurance and liability law. The insurance practice is led by Chris van Dijk, Frits van der Woude, Peter van den Broek, Erik van Orsouw and Petra Oskam, with Jan Broekhuizen leading the regulatory insurance team. Marit van der Pool specialises in both defence and coverage work in professional indemnity and directors’ and officers’ liability matters.
Practice heads: Erik van Orsouw; Chris van Dijk; Frits van der Woude; Peter van den Broek; Jan Broekhuizen; Petra Oskam
Leading Individuals
Hall of fame
Rising Stars
Other key lawyers
Peter Kramer
Mark Wisse
Marit van der Pool
Testimonials
- 'High knowledge regarding personal injury. They always seek to make the issues clear.’
- ‘Chris van Dijk: brilliant lawyer. Does a lot of investigation. Able to make difficult things easy to understand. A friendly personality, also towards the opponent.’
- ‘Erik van Orsouw knows exactly what I need as a client. He is practical, to the point, and creative in bringing solutions.’
- ‘Kennedy van der Laan has a great liability & insurance section, which includes both talented young associates and very experienced senior lawyers. All members of the team are pragmatic lawyers with high availability focused on the best possible outcome for their client.’
- ‘Peter Kramer is a highly experienced and very knowledgeable lawyer in the field of professional liability and insurance law. Peter is hands on, available and pragmatic. He always seeks the best possible resolution for his client while providing a realistic assessment of the merits of the case. I would without any reservation recommend Peter to clients seeking high quality legal advice in the field of professional liability and insurance law.’
- ‘Kennedy Van der Laan offers solid regulatory and commercial advice.’
- ‘Mark Wisse provides good quality commercially minded legal advice. Personable and able to apply legal issues into real business situations.’
The Legal 500 EMEA 2023 - Insurance - Tier 1
Kennedy Van der Laan advises on EU and Dutch financial regulation relating to insurance, as well as handling claims concerning casualty, property and engineering, and reviewing policies. The firm has a strong focus on claims and policy drafting, and clients include insurers, both domestic and international, insurance brokers, pools and loss adjusters. As a member of the international network of Global Access Lawyers, the firm has access to global expertise in insurance and liability law. The insurance practice is led by Chris van Dijk, Frits van der Woude, Peter van den Broek, Erik van Orsouw and Petra Oskam, with Jan Broekhuizen leading the regulatory insurance team. Marit van der Pool specialises in both defence and coverage work in professional indemnity and directors’ and officers’ liability matters.
Practice heads: Erik van Orsouw; Chris van Dijk; Frits van der Woude; Peter van den Broek; Jan Broekhuizen; Petra Oskam
Leading Individuals
Hall of fame
Rising Stars
Other key lawyers
Peter Kramer
Mark Wisse
Marit van der Pool
Testimonials
- 'High knowledge regarding personal injury. They always seek to make the issues clear.’
- ‘Chris van Dijk: brilliant lawyer. Does a lot of investigation. Able to make difficult things easy to understand. A friendly personality, also towards the opponent.’
- ‘Erik van Orsouw knows exactly what I need as a client. He is practical, to the point, and creative in bringing solutions.’
- ‘Kennedy van der Laan has a great liability & insurance section, which includes both talented young associates and very experienced senior lawyers. All members of the team are pragmatic lawyers with high availability focused on the best possible outcome for their client.’
- ‘Peter Kramer is a highly experienced and very knowledgeable lawyer in the field of professional liability and insurance law. Peter is hands on, available and pragmatic. He always seeks the best possible resolution for his client while providing a realistic assessment of the merits of the case. I would without any reservation recommend Peter to clients seeking high quality legal advice in the field of professional liability and insurance law.’
- ‘Kennedy Van der Laan offers solid regulatory and commercial advice.’
- ‘Mark Wisse provides good quality commercially minded legal advice. Personable and able to apply legal issues into real business situations.’
The Legal 500 EMEA 2022 - Insurance - Tier 1
Reflective of Kennedy Van der Laan‘s presence in the insurance market, it generates mandates from a wide variety of clients, notably insurance companies active in the Netherlands, insurance brokers, loss adjusters, insurance brokers and corporates. The firm is highly active in insurance regulatory matters (an area that is led by Jan Broekhuizen), and it also provides assistance with policy drafting and reviews of policy wording. In addition, insurance claims are another key pillar of the practice; a name to note in this space is Peter van den Broek, whose workload includes international claims and construction-related coverage disputes. Frits van der Woude focuses on policy disputes and professional indemnity claims, and he is also an expert in in D&O liability and professional liability. Chris van Dijk and Petra Oskam are particularly well-known for their personal injury expertise. Erik van Orsouw is another experienced practitioner at the firm.
Practice head(s): Erik van Orsouw; Chris van Dijk; Frits van der Woude; Peter van den Broek; Jan Broekhuizen; Petra Oskam
Other key lawyers: Maurits Oudenaarden; Peter Kramer; Marit van der Pool; Mark Wisse
Leading Individuals
Peter van den Broek
Erik van Orsouw
Rising Stars
Marit van der Pool
Testimonials
- The team’s lawyers are accessible and provide practical and understandable advice. They also organize meetings and lectures in which insurance practice matters are discussed in an informal atmosphere.’
- ‘Kennedy van der Laan have a great team (no matter who you get to work with) who are very easy to access and they understand your needs perfectly. They think along with you by being pragmatic and proactive.’
- ‘Mark Wisse – He is quick on his feet in terms of thinking and providing solutions, replies fast and provides tips and tricks. He also sees the bigger picture and making you aware of this and possible consequences.’
