Damiën Berkhout


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)

BIO:

Mr. Berkhout is a partner in the Firm’s Amsterdam office. 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. He regularly publishes peer-reviewed articles on various topics, such as corporate, European, employment and procedural law.

REPRESENTATIVE CASES:

  • Six multinational companies in a cartel damages claim against truck manufacturers
  • Four utility companies in cartel damages claim involving the worldwide power cables cartel
  • A multinational air-cargo company in the air-cargo follow-on civil damages cases
  • 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
  • Mylan N.V. during the successful takeover defense against Teva’s hostile bid for the company
  • The former chairman in litigation 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
  • ASR in inquiry proceedings involving Van der Moolen Holding N.V., resulting in a finding that mismanagement took place at Van der Moolen
  • The company in a shareholder’s 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
  • 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
  • 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
  • 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
  • Served as legal counsel for a client in a Dutch enforcement action, successfully defending the client against the enforcement of an arbitral award with a value in excess of EUR 130 million; and, in arbitration, obtaining an arbitral award finding the counter-party liable for damages estimated in the range of EUR 10-12 million