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 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.’