expertise 

corporate transactions

All companies move with the times, change course where possible and at all times strive to strengthen their position with a view to the future. Such changes, necessitated by internal or external developments, have drastic consequences from a legal perspective. Florent advises and assists its clients in this regard.

broad expertise
Florent has broad experience in a wide range of corporate law transactions. Our lawyers are specialists in the area of mergers and acquisitions, private equity and venture capital, and the establishment of joint ventures and other partnerships. We also have extensive experience with the legal supervision of corporate reorganisations. In addition, we provide assistance with governance issues and drafting or amending codes of conduct, commercial contracts and general terms and conditions.

corporate transactions contacts:

Pieter van den Brink
Matthijs Brons

governance

The viewpoint regarding adequate corporate governance has developed considerably in a short space of time. The interpretation of governance within administrative boards, supervisory boards and regulatory authorities, and the relationship with other stakeholders are regular topics for debate in both the semi-public and the private sector.

many years of experience

Florent has many years of experience and expertise in the field of corporate governance in various sectors ranging from foundations to listed companies. We play an important role in the design and re-design of governance structures, matters related to internal and external supervisory frameworks, adequate provision of information, issues concerning supervisory boards from the perspective of the employer’s role, conflict situations, changing tasks in crisis management and assistance with reputational risks.

Florent offers strategic support in investigations into (the functioning of) the governance structure. This applies both to setting up investigations (in collaboration with experts) and counselling executives and members of executive and supervisory boards who are under investigation. We offer this support in bankruptcies and outside of bankruptcies in the context of inquiries or lawsuits (including liability lawsuits). Our lawyers have an impressive record in diverse disputes concerning governance issues.

contacts for governance:

Yvette Borrius
Chris Jager 
Pieter van den Brink
Matthijs Brons

insolvency law

Florent supports companies and their stakeholders facing financial difficulties. Our speciality is based on broad experience and in-depth expertise in the area of insolvency law, corporate asset recovery, security rights and restructurings, also at an international level. Florent assists its clients in refinancing, out-of-court liquidation, restructuring and the creation and realisation of all types of security. The same applies to petitions in bankruptcy and suspensions of payment.

assistance from a to z

If a company is faced with (imminent) difficulties, we take all the relevant legal factors into account. Florent makes a clear analysis of both the threats and the opportunities and effectively assists clients in finding the best solutions. We can assist in debt collection, the identification of possible fraudulent preference issues and the avoidance of insolvency risks. We can furthermore advise on subjects such as retentions of title, assets/liabilities transactions, liability issues, and restart scenarios.

established service record

In recent years, Florent’s lawyers have been involved in many major and high-profile insolvencies and restructurings. In addition to our work as lawyers, we also regularly act as receivers in bankruptcies and as administrators in suspensions of payment. We also have experience in supervising pre-packs (undisclosed administration).

Chambers

Chambers and Partners publishes "Expert Guides" within various areas of law and jurisdictions, where a selection of legal experts elaborates on important legal issues in relation to the current market situation in the countries/markets. All contributing editors are ranked in the Chambers guides as the best in their field.
Kees van de Meent, Hanneke de Coninck-Smolders, Carolien van Tilburg and Jurgen van den Heuvel published in the 'Chambers Global Practice Guide on Insolvency 2018’. You may read here the full version of the publication.

insolvency law contacts:

Hanneke De Coninck-Smolders
Kees van de Meent

Chambers: "They have a big extent of legal knowledge and they can also act very practically, which is very helpful; they know how to cope with legislation and regulation, but also in bankruptcy cases they can act very quickly and they can work with various parties." Another source: "They're very specialised in insolvency and restructuring; they're very pragmatic and they're a small firm but they're very, very strong on insolvency matters." (Chambers 2018)

Legal 500: Hanneke de Coninck-Smolders and Kees van de Meent are ‘intelligent, well-balanced’ co-heads who work well ‘under enormous pressure’; they are the bankruptcy trustees of V&D, La Place and Polare Group’

financing and security

Financing is the backbone of a healthy business. It makes it possible to do business, to grow and thereby to realise ambitions. It is essential that the financing is suitable in terms of form, conditions and obligations. All the parties involved must furthermore have as much information and certainty as possible. Special attention should be given to the manner of financing and to the structuring of security because these can have a major impact on the day-to-day operations of a company.

expert know-how

Florent assists its clients in taking out new financing or refinancing their businesses and assists them in disputes with borrowers or lenders. The broad experience of Florent’s insolvency practice places it in an excellent position to avoid pitfalls when financing is taken out and thus prevent future problems. It also allows us to give you the best possible advice if you wish to change a financing package.

Our lawyers have extensive experience with many different types of financing and security, from both the borrower’s and the lender’s perspective. By acting in medium-sized and large Dutch and international transactions, but also by having worked for some time at financial institutions, Florent has developed a keen understanding of market demands.

certainty and clarity

We assist clients in raising or providing financing (including the corresponding security rights). We do not shy away from making decisions and consider it a challenge to clarify the most complex financing issues. We promote the interests of our clients without losing sight of the importance of a smooth negotiating process.

financing and security contacts:

Hanneke De Coninck-Smolders
Kees van de Meent
Lucas van Eeghen

dispute resolution

Florent assists with disputes in order to avoid lawsuits as far as possible. Florent’s lawyers are very adept at finding alternative approaches and solutions. Sometimes litigation is unavoidable or, depending on the objectives, tactically the most appropriate course for achieving a certain outcome. In such cases we litigate keenly and resolutely on your behalf.

in-depth and varied expertise

We have long-standing extensive practical experience with legal actions related to corporate law and commercial disputes, both in first instance and on appeal. We work in close collaboration with experts in appeal processes on points of law. We also frequently represent our clients in inquiry proceedings before the Enterprise Chamber of the Amsterdam Court of Appeal. A number of our lawyers also act as officials appointed by the Enterprise Chamber (such as investigator, share administrator or liquidator) and in urgent cases, we act in preliminary relief proceedings.

The cases we are involved in often concern conflicts between shareholders, the management board and/or the supervisory board regarding the company’s policy and strategy and crisis management. Florent’s lawyers are involved in complex and (politically) sensitive issues that often concern risks and liability issues. In addition, we represent various collective interest foundations in class action lawsuits. We also frequently litigate in matters pertaining to takeover disputes, duty of care of financial institutions, financing and security rights, lawful/unlawful transactions preceding an insolvency (fraudulent conveyance) and the liability of managing directors, supervisory directors and trustees. We are approached by various parties for litigation advice and second opinions. We furthermore assist clients in disputes concerning commercial agreements, international trade and general terms and conditions.

investigation processes

Florent’s lawyers have a great deal of experience in and with (preliminary or parallel) investigation processes related to governance, fraud or financial issues. In this context we work intensively together with forensic accountants and other specialists in the area of gathering and securing evidence.

private international law issues

In cross-border disputes we are the point of contact for clients, law firms and experts with regard to jurisdiction and applicable law issues, the enforcement of judgments and arbitral awards, and identifying and securing recovery (international asset recovery).

litigation management

We provide an open and fair assessment of the chances of success in litigation and are used to a business-like approach. We determine the litigation strategy in close consultation with clients and keep them informed along the way whenever necessary. In cases where this is appropriate, we work together with litigation financiers (third party funders).

Chambers

Chambers and Partners publishes "Expert Guides" within various areas of law and jurisdictions, where a selection of legal experts elaborates on important legal issues in relation to the current market situation in the countries/markets. All contributing editors are ranked in the Chambers guides as the best in their field.
Yvette Borrius, Chris Jager, Maarten Mussche and Cathalijne van der Plas published in the 'Chambers Global Practice Guide on Insolvency 2018’. You may read here the full version of the publication.

dispute resolution contacts:

Yvette Borrius
Chris Jager
Cathalijne van der Plas
Lucas van Eeghen

Chambers: According to clients, "the lawyers have great knowledge and a very practical, down-to-earth approach." The team draws praise from clients for its "very good understanding of the important intricacies of the legal process." Various clients highlight the added value the firm offers. One interviewee reports: "In my view they offer consistent and first-class advice, rendered swiftly and accurately. They are also very competitively priced." (Chambers 2018)

fraud and asset recovery

Florent has exceptional expertise when it comes to representing parties who have been prejudiced as a consequence of (international) commercial fraud. We assist these parties in locating and securing assets.

Florent is the only Dutch member of FraudNet, the renowned worldwide network of the International Chamber of Commerce (ICC) that represents parties prejudiced as a consequence of (international) commercial fraud. Florent provides immediate local assistance to aggrieved parties in the Netherlands and can also enlist this network for cross-border fraud.

fraud and asset recovery contacts:

Kees van de Meent
Cathalijne van der Plas

      

property law and environmental law

The lawyers in our property law and environmental law department are specialised in tenancy law, property and asset management, property transactions and project development. By combining knowledge, creativity and drive, we strive to achieve pragmatic and efficient solutions.

Florent’s property lawyers provide advice in connection with concluding leases for hotels, shops and office spaces and are involved in due diligence in property transactions. Our team is involved in rent adjustment and prominent lawsuits concerning rent adjustment and liability related to property defects and breaking off negotiations. We have a great deal of experience with litigation related to the copyrights of architects and artists in transformation and demolition. In addition, we have exceptional expertise in class actions and property litigation funding.

property law and environmental law contact:

Jurjen Tuinman

employment law

As employers, companies must at all times keep up to date with new developments in labour relations that also arise as a consequence of the rapidly changing legislation and regulations. Major risks are involved, but Florent can help manage these risks.

florent knows the ins and outs

Florent has extensive experience and expertise in the area of employment law. Our experience ranges from the supervision of reorganisations and downsizing operations to the practical consequences brought about by changes in legislation and regulations. We can also offer practical support in dismissals, the drafting of employment contracts, employment conditions and non-compete clauses. We also have a great deal of experience with employment law in the government and education sectors.

strategically strong

Companies that anticipate adverse scenarios have a head start in employment law. Florent offers strategic support and helps its clients take appropriate employment law measures before an issue presents itself. A sound strategy that takes the applicable legislation and regulations into account is crucial to your company’s success.

employment law contacts:

Maartje Briedé
Paul Schaink