Corporate Crime & Investigations

Marnix Somsen
Patrick Ploeger
Roan Lamp
+ 21 other experts

Regulatory and Criminal Enforcement - at the highest level

... for major corporations, financial institutions and prominent individuals in a wide range of regulatory and criminal enforcement matters. We advise on securities laws, insider trading, competition law, economic sanctions, anti-corruption laws and other regulatory regimes.

Our team have been involved in a great number of enforcement actions brought by a variety of enforcement agencies, including the Dutch Central Bank (DNB), the Financial Markets Authority (AFM), the Dutch public prosecutor, the SEC, the US Department of Justice, OFAC, the FED, the FSA and other agencies.

We have extensive experience in defending clients in ensuing civil, administrative and criminal court proceedings, as well as in negotiating settlements with criminal and enforcement agencies for our clients.

Recent Matters

10 March 2020

Digital Realty completes InterXion exchange offer

Despite the coronavirus outbreak and a 30% fall in oil prices, resulting in heavy losses on stock markets around the world, Digital Realty has completed its USD 8.4 billion exchange offer for Netherlands-based InterXion Holding N.V. De Brauw advised Digital Realty alongside Latham & Watkins. As an NYSE-listed US Real Estate Investment Trust, Digital Realty is subject to specific tax restrictions. Dutch company InterXion is also listed on the NYSE, and it has 50 data centres in 11 European countries. This transaction posed intertwining, complex legal and tax issues that had to be carefully navigated. Our firm’s extensive experience in this type of transaction and our cross-expertise teamwork were instrumental in achieving a successful completion. Read more about this deal here. De Brauw team: Paul Cronheim, Wiebe Dijkstra, Tijmen Klein Bronsvoort, Myrthe van der Klei, Klaas Versteeg, Willem Bijveld, Rozemarijn Vernooij, Joppe de Bruijn, Casper Nagtegaal, Sanne Veenstra, Bojana Prlja, Pim Siemons, Sophia van Straalen, Stephanie The, Fatima el Ghamarti, Barbara Kloppert, Daniel van Gerven, Tim Bird, Etienne Dijkhorst, Alisha Autar, Thijs Elseman, Anna Sablicova, Koen Orbons, Laura Elize de Vries and Bart de Rijke.
28 October 2019

De Brauw advises Yarden Holding

17 April 2019

FrieslandCampina sells cream liqueur business to Wagram Equity Partners

De Brauw assisted FrieslandCampina in the divestment of its cream liqueur business, called Creamy Creation.
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large-scale multi-jurisdictional internal investigations

For many years we have been at the forefront of conducting investigations for corporations and financial institutions listed in Europe, the US and Asia. Recent investigations include:

  • Insider trading and market manipulation
  • Tipping
  • Corporate and Bank and Securities fraud
  • Real estate
  • Money laundering and regulatory compliance failures
  • Antitrust violations
  • FCPA violations
  • International trade: UN, US and EU sanction programs and export controls.

Each investigation requires a multi-disciplinary team to leverage the vast expertise from across the firm in corporate governance, litigation, compliance, regulatory enforcement and data protection laws.

Insights

16 March 2021

China's new Blocking Rules - more conflicting requirements for international business

China recently enacted Rules on Counteracting Unjustified Extra-territorial Application of Foreign Legislation and Other Measures. These "Blocking Rules" are designed to block the extraterritorial application of foreign laws and measures that may endanger the fundamental national security and economic interests of China and of Chinese entities. For example, they may prohibit Chinese entities, including Chinese subsidiaries of foreign companies, from complying with US export controls and US secondary sanctions. While meant to protect against foreign legislation restricting Chinese business, the Blocking Rules may mean more conflicting requirements for Chinese companies and foreign companies operating in China. We recommend that multinational companies doing business in and with China closely monitor legislative and enforcement updates, assess the risks they may face, and take mitigation measures where necessary.
17 February 2021

Signed charter needed for foreign in-house counsel to have legal privilege

Can in-house counsel admitted to a non-Dutch bar invoke legal privilege in the Netherlands? The Rotterdam District Court has ruled that these "foreign in-house counsel'' can – if they have that right under the jurisdiction where they work. In addition, if they work in the Netherlands, they must also meet specific criteria set by the Netherlands Bar. According to the court, foreign in-house counsel practising in the Netherlands should be treated the same as Dutch in-house counsel. The latter are required to sign a professional charter – a document that guarantees their independence and is signed by both employer and in-house counsel – in order to invoke legal privilege. Although the ruling is not final, it is important to consider its implications. To err on the side of caution, we recommend that clients who employ foreign in-house counsel make sure that their charters are in order and signed and record that the standards required by this charter have thus far been upheld.
13 January 2021

China's new export control regime may affect companies worldwide

The Export Control Law (ECL) – in effect since 1 December 2020 – aims to provide a unified framework of export controls and to strengthen coordination between the different agencies involved in its enforcement. However, the law is unclear on a number of key questions as to its scope, applicability and enforcement mechanism. In particular, the ECL provides for extra-territorial application to re-exports of Chinese controlled items, but it remains to be seen to what extent the Chinese authorities will enforce such provisions in the foreseeable future. The new ECL also includes a number of broadly and ambiguously phrased provisions, allowing the Chinese authorities to take measures to safeguard China's national security and interests. It is not yet clear how these provisions may be applied and what implications they may have for foreign companies doing business in or with China. Given its extraterritorial effect, the ECL may affect companies doing business in and with China around the globe. We recommend that they monitor further developments and take measures to mitigate their exposure.