Litigation & Arbitration
Our specialisms
Commercial litigation / Corporate litigation / Arbitration / Discrimination litigation / Administrative and public law litigation / Banking litigation / Real estate and Construction litigation & arbitration / IT litigation & arbitration / IP Litigation / Media litigation (freedom of speech) / Litigation fundamental rights / Follow-on litigation / Competition law litigation / Privacy litigation / Director's liability / Insurance litigation / German Desk
Litigation
At first thought, it’s like running into a maze. It can be long, difficult, expensive and uncertain.
We agree. That is why we make litigation controllable and predictable.
At the first sign of a dispute, not rarely earlier than any looming lawsuit, we first take a bird’s eye view of your maze — think of flying a drone over it. You and our team map the entire situation as early as possible to find the best outcomes, to trace the existing and the alternative routes, including possible ways of avoiding it altogether and every possible bump along the way.
Your business goals come first for us, as we work with you to keep you informed and in control of costs and strategies before, during and after any assignment. To that end, we employ cutting edge technology to monitor costs, optimise information flows and project management.
Our pre-emptive, strategic and goal-oriented approach to litigation, combined with our innovative legal tech tools provide foreseeable costs, alternatives and results. Advance planning, project management and close collaboration do mitigate risks, but more importantly, they give you control and predictability.
We assemble fit-for-purpose teams of expert litigators for each specific project, blending industry-specific knowledge with ample experience in commercial disputes, corporate litigation and arbitration.
Our approach to litigation is based on the following three tenets:
• Planning ahead
• Achieving the best possible outcome for the client
• Putting the client in control of the process and its costs
The following examples help to illustrate how our approach works in practice:
The importance of planning and preparing ahead
One of our clients sought our advice in preparation for their partner’s possible abrupt end to a distribution agreement between them. Our analysis of the contract and their business revealed that several elements in their working relationship could and should improve. By implementing business improvement changes and carefully aligning communications under our advice, an eventual court decision on the termination that ensued resulted in an extension of the agreement, generating extra turnover for our client and providing for sufficient time to exit the relationship and engage a new partner.
Focus on the real issue for the best possible outcome
In a complicated custom software implementation partnership, our analysis found that the key question between these two parties would only be solved by a technical expert assessment. Instead of waiting until a court-appointed expert reviewed the issue far into litigation, we negotiated with the opposing party to present a mutual preliminary expert report to the court, leading it to merely rubberstamp the report. After that, even though the report was favourable to our client, we still negotiated an early settlement to prevent the added length, costs and uncertainty of a lawsuit.
Choose your battleground wisely, keeps costs under control
A European sales representative sued our US client in the Netherlands for damages and a goodwill compensation after termination of their sales agreement. We concluded that the sales representative did qualify for some compensation. However, due to the incidence of a specific EU Directive, we could challenge the jurisdiction of the Dutch courts. This move succeeded and led the parties to reach a settlement on substantially lower amounts than claimed.
KVdL Way of Litigating
For more information about the KVdL Way of Litigating, download the document below.
Market recognition
Chambers Europe 2023 - TMT: IT and IT Outsourcing - Band 1
What the team is known for
Kennedy Van der Laan boasts market-leading expertise in several areas of TMT, particularly regarding media regulations and IT outsourcing. The law firm handles a number of high-profile media disputes relating to the publication of misinformation, defamation claims and advertising litigation. The team is also highly esteemed for its work in the technology sector, advising on outsourcing and procurement agreements, the launch of new platforms, opening new data centres and licensing contracts. Kennedy Van der Laan also represents clients in contentious matters, including disputes with suppliers. It also acts on data privacy matters, advising clients on the use of biometric data and data sharing agreements, as well as representing clients regarding alleged breaches of GDPR.
Strengths
One interviewee reports that Kennedy Van der Laan "holds its own in the Dutch scene, and its lawyers are always quite innovative."
A client reports that the team "has a strong capacity" and highlights the "great quality of advice."
Notable practitioners
A client appreciates Judica Krikke for her ability to "understand and interpret our questions and wishes." She represents clients in technology sector disputes and in the negotiation of supply agreements and outsourcing contracts. She has experience in procurement tenders and advising on regulatory compliance.
Joost Schmaal assists clients with both contentious and non-contentious matters in the technology sector, representing clients in drafting IT contracts, as well as in disputes with suppliers. Additionally, he advises on outsourcing of services and IT infrastructure, including cloud-based software delivery.
Patrick Wit often advises on technology procurement mandates and IT outsourcing agreements, as well as assisting with the regulatory aspects of launching new technology platforms.
Reinoud Westerdijk assists clients from the technology sector with negotiating licensing agreements and opening new data centres. Additionally, he advises on data-related matters such as access requests.
Chambers Global 2024 - Dispute Resolution - Ranked
What the team is known for
Kennedy Van der Laan enters the rankings this year following a strong showing in litigation and arbitration matters. The firm handles a broad range of litigation including class actions, contractual and shareholder disputes. Team members have notable experience with ESG litigation and professional liability proceedings.
Strengths
"Kennedy Van der Laan lawyers are quick to schedule calls, give feedback and address documents or materials where required. Their service, communication and responsiveness is very good."
"The team is very fast and will grasp something very quickly, is able to provide strategic advice and make sense of the case."
"The advice is very easy to understand and not too formal and legalistic. The team is very pragmatic and good on law.
Notable practitioners
Christoph Jeloschek and Isabel van Tuyll van Serooskerken are key contacts at the firm.
Work Highlights
Kennedy Van der Laan advised Greenpeace on proceedings against the Dutch State and pertaining to the impact of climate change on the Caribbean island, Bonaire.
The Legal 500 EMEA 2023 - Dispute Resolution: Commercial Litigation - Ranked
The Legal 500 EMEA 2022 - Dispute Resolution: Commercial Litigation - Ranked
Kennedy Van der Laan acts for both domestic and international clients on complex cross-border disputes, and has recently seen an uptick in collective actions instructions. Christoph Jeloschek co-heads the team and has considerable experience in cross-border litigation, particularly in the it sector. Martine de Koning also co-heads the team and is recommended for commercial disputes.
Practice head(s): Christoph Jeloschek; Martine de Koning
Other key lawyers: Veerle van Druenen; Isabel van Tuyll van Serooskerken
Testimonials
- ‘They are very professional and render timely legal services’.
- ‘They precisely examine all the details of the work that needs to be done’.
- ‘They are very down to earth and hands on, and do not make things overly complicated’.