Around the globe, complex and multifaceted mass claims are on the rise

... and companies and financial institutions increasingly find that they are the target.

The team is involved in most pending mass claims in the Netherlands, almost always as lead or a member of a multijurisdictional team. By bundling our extensive experience together, we ensure that our clients receive the best legal assistance.

We offer legal assistance in complex mass claims, both in national and international contexts. We have specialised expertise in antitrust and cartel damages, consumer protection, data privacy, human rights and financial mass claims. We adopt an integrated practice model to bring together specialists from different fields, with our teams comprising Dutch lawyers as well as lawyers from across the world.

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Litigation

Recent Matters

10 June 2015

De Brauw advises and represents NAM (Shell/Exxon) in events surrounding earthquakes

De Brauw advises and represents NAM (Shell/Exxon) in the events surrounding the earthquakes. 900 Private individuals and 12 housing associations, represented by Stichting Waardevermindering door Aardbevingen Groningen (WAG) have submitted a mass claims suit, holding NAM liable for the damage following from the earthquakes and demanding that NAM compensate the decrease in value of their homes as a result of these earthquakes. In addition, De Brauw represents NAM in the administrative law proceedings before the Council of State in which more than 50 applicants have brought legal action against the extraction plan based on the Mining Act (regulating both the way NAM extracts gas from under the ground and the extent of the production), and in other cases arising from earthquakes caused by gas extraction. Safety risks are the greatest matters of concern in these proceedings. For more than two years, Marnix Leijten, Jan de Bie Leuveling Tjeenk, René van Tricht, Arne Münch, Sander Rijsterborgh and Dulijon Veldhoen have been working on the civil law proceedings and Nicolien van den Biggelaar, René van Tricht and Kees Saarloos have been working on the administrative law proceedings. Marnix Leijten: "This matter is a fine example of how we can provide clients with integrated advice on several interrelated issues including the Mining Act, civil law and administrative law proceedings and mass claims suits. It is exactly the strong point of our litigation practice, in which many different areas of expertise come together in this type of highly complex issues." Judgment on the case that was before the District Court of Assen will be rendered in 12 weeks. The session before the Council of State will be held on 10 and 11 September 2015.
25 August 2009

Shell: landmark decision regarding international collective settlement of mass claims

On 29 May 2009, the Amsterdam Court of Appeal delivered a landmark decision regarding an international collective settlement of mass claims. This decision is the first international application of a mechanism under Dutch law that facilitates collective settlements of mass claims. The vast majority of the potential claimants in this case did not reside in the Netherlands and were spread across the globe. This case concerned a settlement agreement entered into by, among others, Shell Petroleum N.V. and The “Shell” Transport and Trading Company Limited (collectively: “Shell”) with respect to the recategorisation of certain of its oil and gas reserves in 2004. The settlement agreement was entered into for the benefit of the worldwide group of Shell’s shareholders, excluding all US shareholders, who purchased their shares in the period between 8 April 1999 and 18 March 2004 on any stock exchange other than the New York Stock Exchange. The Amsterdam Court of Appeal has now declared this settlement agreement binding on all shareholders to which it applies according to its terms. De Brauw acted as legal counsel to Shell in this matter.Team Sjoerd Eisma, Rob Polak, Martijn Polak, Marnix Leijten
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The biggest matters require bespoke and innovative efficiency

When complex matters span many jurisdictions or triggers multiple proceedings, our bespoke case management platform ensures procedural compliance at all levels, across all jurisdictions, in every connected matter. This one portal enables clients and the team to easily and efficiently communicate and collaborate with each other, wherever they are in the world. One real-time dashboard for all task allocation, oversight, document/data management, and deadlines.

Our Electronic Cost Centre provides real-time data and information to help inform communication, especially at critical peaks in the matter lifecycle. Inclusive of all local counsel engaged on a matter, clients can see in an instant, the amount of work, at what level and on what aspect, has been recorded, invoiced and paid – the world over: one invoice for a global team of experts.

Our Electronic Cost Centre

Insights

17 December 2020

EU Parliament approves new collective redress mechanisms for consumers

On 24 November 2020, the European Parliament endorsed a new directive on representative actions for the protection of the collective interests of consumers ("Collective Redress Directive" or "CRD"). The CRD is part of the "New Deal for Consumers", an initiative to strengthen EU consumer law enforcement and to modernise EU consumer protection rules. The CRD introduces new cross-border and domestic redress mechanisms allowing collective actions against traders for violating a broad range of EU laws, such as data protection, travel and tourism, financial services, energy and telecommunications. The CRD will enter into force 20 days after its official publication. Member states will then have two years to implement the directive and a further six months to apply the new provisions. This means that these changes are expected to be in full effect in the EU from mid-2023 onward.
15 October 2020

Compliance challenges in changing times

We are living in an era that in many ways, is being defined by crises – first financial, and now health. At the same time, the role and impact of corporate actors is growing to unprecedented levels. The influence of these actors reaches well beyond the economic sphere and into broader public and political arenas. Because of their growing significance, companies increasingly find themselves at the centre of society's expectations and demands. The many potential ramifications – from negative publicity and criticism, to litigation and regulatory exposure – are numerous. What will this new exposure mean for companies' legal compliance functions? This article highlights the recent trends.
15 July 2020

Managing artificial intelligence: how companies can keep up

In their recent master class, our experts Axel Arnbak, Oscar Lamme and Ties Boonzajer Flaes looked at the various aspects of dealing with the ever-changing AI landscape, including EU and Dutch regulatory developments in this area.