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

ADMISSIONS:

Mr. Berkhout is admitted to the Dutch bar and has registered specializations in Litigation. 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.