dberkhout@scott-scott.com | Download vCard | Phone: +31 (20) 854 6066 | Mobile: +31 (6) 2506 7792

PRACTICE EMPHASIS

Damiën F. Berkhout is a dispute resolution specialist who ensures that his clients achieve the best possible results through negotiations or litigation. His practice focus is on complex commercial disputes – in particular antitrust and collective action claims – and corporate litigation disputes (including complex (corporate) employment matters). He has extensive experience in successfully coordinating and resolving cross-border litigation. Damiën acts as counsel for a broad spectrum of clients: institutional investors, companies, as well as (former) supervisory and management board members. Damiën regularly publishes peer-reviewed articles on various topics, such as corporate, European, employment and procedural law.

REPRESENTATIVE CASES

  • Represented a major air-cargo company in the air-cargo civil damages cases in the Netherlands.
  • Represented the Supervisory Board of Akzo Nobel N.V. in the successful defense against a request for inquiry into the company affairs at the Enterprise Chamber of the Amsterdam court of appeal.
  • Represented Mylan N.V. during the successful takeover defense against Teva’s hostile bid for the company.
  • Successfully represented ASR in inquiry proceedings involving Van der Moolen Holding N.V., resulting in a finding that mismanagement took place at Van der Moolen.
  • Represented the company in a shareholders dispute, resulting in a EUR 12 million earn out incentive package for the management board and obtaining further financing for the company for the next three years.
  • Represented the majority shareholder in a post-M&A dispute, resulting in a negotiated settlement and a clawback of EUR 10 million of the purchase price for the client.
  • Represented the former chairman of a listed company in a class action claim involving, inter alia, a class action claim in excess of EUR 1 billion, successfully defending the chairman with the court finding that he was not liable.
  • Legal counsel for a client in Dutch enforcement action, successfully defending the client against the enforcement of an arbitral award with a value in excess of EUR 130 million.
  • Legal counsel in arbitration, obtaining an arbitral award finding the counter-party liable for damages estimated in the range of EUR 10 – 12 million.
  • Represented KLM N.V. in a landmark litigation case against airline pilots regarding supposed age discrimination in the collective bargaining agreement, resulting in a favorable decision for KLM at the Dutch Supreme Court.
  • Represented Albert Heijn B.V., Gall & Gall B.V and Etos B.V. in landmark litigation regarding the all-in pay of over 50,000 short part-time employees, resulting in the favorable decisions in both summary as well as substantive proceedings.

ADMISSIONS

  • Admitted to practice law in The Netherlands

EDUCATION

  • Columbia Law School (LL.M, Harlan Fiske Stone scholar, 2007)
  • University of Amsterdam (doctoral, cum laude, 2006)

On the basis of the registration it is required  to obtain ten training credits per calendar year in each registered principal legal practice area in accordance with the standards set by the Netherlands Bar.

  • Litigation (Burgerlijk procesrecht)
  • Corporate law (Ondernemingsrecht)

HIGHLIGHTS

  • Recommended lawyer in the Legal 500 EMEA (2018 and 2019 editions).
  • Lecturer at the University of Amsterdam.
  • Lecturer for the Dutch bar association (corporate law specialization track).
  • Published over 20 articles in peer-reviewed law journals.
  • Winner Dutch national and Amsterdam bar association pleading contest (2009).