Image of Richard de Haan

Richard de Haan

Partner

Email

richard.dehaan@aoshearman.com

Phone

+31 20 674 1745

Offices

Amsterdam

V-CARD
Richard heads the Litigation department of A&O Shearman in Amsterdam.

He specialises in dispute resolution with an emphasis on corporate litigation, securities litigation and corporate governance related disputes. He has a wide range of experience in handling public and private M&A disputes, joint venture and shareholder disputes and director liability cases, amongst others before the Enterprise Chamber of the Court of Appeals in Amsterdam.

Richard advises and represents public and private companies, private equity firms, family offices, governmental bodies and managing and supervisory boards. He has over 20 years of experience in the field and is widely recognized as one of the leading corporate litigators in the Netherlands.

Richard joined the firm in 2000 and has worked in our Amsterdam and New York offices. He publishes regularly and is a member of the Dutch Association for Corporate Litigation. He is a member of the Supervisory Board of Rechtswinkel Amsterdam, a legal aid centre run by law students and teaches professional ethics at the Law Firm School.

Experience

Representative matters

  • Dutch Ministry of Finance on all litigation resulting from the expropriation by the Dutch State of SNS Reaal N.V., the fourth biggest bank-insurer in the Netherlands. The mandate included defending the Ministry against claims for compensation by former shareholders and bondholders of SNS Reaal in excess of EUR 2 billion and representing the Ministry in enquiry proceedings before the Enterprise Chamber of the Court of Appeals in Amsterdam.
  • CVC Capital on a high value take-over dispute in the online gambling sector.
  • DPA Group N.V. in litigation brought by minority shareholders on the lawfulness of a pre-wired asset sale implemented following the successful public bid for DPA Group N.V. by Gilde.
  • Head Sports in litigation brought against it by former minority shareholders following a forced demerger.
  • Abanca S.A. (EuroBic) on a USD 53 million claim brought against it in relation to its alleged role in a corporate fraud at Esperaza Holding B.V., a Dutch company controlled by Sonangol S.A. and holding an investment in Galp Energeia S.A.
  • Aegon Ltd in legal proceedings brought against it by three hedge funds following an amendment made after the termination of LIBOR in the terms of a USD 500 million perpetual bond issued by Aegon.
  • Various airline holding companies on a high-profile dispute with Schiphol Airport and the Dutch Ministry of Infrastructure on the attempted restriction of the operational capacity of Schiphol Airport.
  • Bencis Capital Partners in a joint venture dispute in relation to one of its portfolio companies (enquiry proceedings before the Enterprise Chamber of the Court of Appeals in Amsterdam).
  • Salta Group (NCOI Group) in a post-closing take-over dispute.
  • CRH plc. in a EUR 13 mio post M&A earnout dispute.
  • A global financial institution in injunction proceedings in relation to a USD 10 mio first demand bank guarantee.
  • PostNL in litigation brought by several former stakeholders following PostNL’s merger with Sandd.
  • Regus plc. in a post-closing M&A dispute following its purchase of Spaces.
  • Sequa Petroleum N.V. in protracted litigation with former bondholders on the alleged unlawful conversion of bonds.
  • Giesbers Groep in a EUR 5 million post M&A earn-out dispute.

Published Work

  • Chapter on provisional measures in Handboek Enquêterecht, Serie vanwege het Van der Heijden Instutuut (175), chapter 29 ISBN 9789013167290 Wolters Kluwer 2022 (June 2022).
  • Annotation Court of Appeals Amsterdam Enterprise Chamber 4 June 2019, JOR 2020/29. On the authority of a court appointed temporary trustee of shares to transfer ownerhip of shares.
  • Annotation Dutch Supreme Court 22 September 2017, JOR 2018/30. On the correlation between professional disciplinary liability and civil liability for damages.
  • Annotation Dutch Supreme Court 31 March 2017, CRI c.s. / SNS c.s., JOR 2017/221. On the limitations of liability of a holding company for debts of a consolidated group company on the basis of 2:403 DCC.
  • Annotation Dutch Supreme Court 2 December 2016, De Rooy cs / Staat der Nederlanden, JOR 2017/86. On the availability to the public of investigative reports submitted to the Enterprise Chamber in enquiry proceedings.
  • Annotation Court of Appeals Amsterdam 19 October 2016, JOR 2017/63. On the advisory right of a works council in relation to the instruction of external advisors to advise on an intended sales process.
  • Annotation District Court Midden-Nederland 1 June 2016, St. Beleggersbelangen Sinano / Circle Investment Support Services B.V. , JOR 2016/225
  • Annotation District Court Midden-Nederland 23 March 2016, St. Beleggersbelangen Sinano / Circle Investment Support Services B.V. , JOR 2016/224
  • Annotation District Court Roermond 23 April 2015, MartinBerks Holding BV / Nijssen Beheer B.V., JOR 2016/1
  • Annotation District Court Zeeland-W.Brabant 5 November 2014, Vilenzo International N.V., JOR 2015/94
  • Annotation Dutch Supreme Court 4 April 2014, Cancun Holding II, JOR 2014/290. On director’s special duties of care in case of joint ventures
  • Annotation to Dutch Supreme Court 28 March 2014, VEB NCVB / Deloitte, JOR 2014/196. On the application of statutes of limitation in collective actions

  • Annotation to District Court Amsterdam 26 June 2013, VEB NCVB / Ahold, JOR 2013/299. On the application of statutes of limitation in collective actions
    Contributor to handbook Litigation in the Netherlands, Dutch Business Law Series (2012), chapters on legal privilege and enquiry proceedings

  • Piercing the corporate veil, the Nacap en Delta Biovalue judgments, TOP 2012/7, p. 269-274

  • Annotation to Dutch Supreme Court 29 June 2012, Melfund / Wagram, JOR 2012/317. On calculation of damages in case of claims under warranties

  • Annotation to Dutch Supreme Court 17 December 2010 and District Court Haarlem 12 January 2011, Krämer c.s. / Krämer and Anova Food / X, JOR 2011/172. On calculation of damages in case of claims under warranties

  • Annotation to European Court of Justice 14 September 2010, Akzo Nobel / European Commission, JOR 2010/332. On the scope of attorney-client privilege in European competition law

  • Annotation to Dutch Supreme Court 26 November 2010, Silver Lining / Perstorp Waspik, JOR 2011/7. On choice of forum, the scope of section 22 sub (b) EEX Regulation and arbitration clauses

  • Annotation to Court of Appeal Amsterdam 17 February 2010, Hottinguer / Emba c.s., JOR 2010/152. On admissibility issues in enquiry proceedings

  • Annotation to Dutch Supreme Court 10 May 2009, Vereniging tot behoud van HES / Stichting HvA, JOR 2010/3. On legal merger and the possibilities for interested parties to annul a legal merger

  • Annotation to District Court of The Hague 30 December 2009, Oguru c.s. / Royal Dutch Shell c.s., JOR 2010/41. On international jurisdiction of Dutch courts to hear claims by a foreign claimant against a foreign subsidiary of a Dutch company

  • Annotation to Court of Appeal 's-Hertogenbosch 22 December 2009, Palm / Mares Beheer, JOR 2010/298. On the doctrine of identification, piercing the veil and director's liability

  • Annotation to Dutch Supreme Court 8 November 2007, Hearing Systems / Audilux, JOR 2008/9. On alternative jurisdiction of courts in disputes concerning the validity of decisions from organs of a company

  • Annotation to District Court 's Hertogenbosch 28 May 2008, Souverein / Lammers, JOR 2008/224. On claims under balance sheet warranties

  • Annotation to Court of Appeals Amsterdam 1 April 2008, Van Vliet Utrecht / Van Kasteren, JOR 2009/1 and District Court The Hague 9 July 2007, Zwanenberg Food Group / Milverco, JOR 2009/2. On the interpretation of share purchase agreements

  • Annotation to District Court Rotterdam,1 October 2008, De Rijke c.s. / Deutsche Post International, JOR 2009/98. On the interpretation of share purchase agreements and claims under balance sheet warranties

  • Annotation to European Court of Justice 2 October 2008, Hassett / South Eastern Health Board and Doherty, JOR 2009/123. On the scope of section 22 sub (b) EEX Regulation

  • Annotation to European Court of First Instance 25 October 2007, Akzo Nobel / European Commission, JOR 2007/293. On the scope of attorney-client privilege in European competition la

Speaking Engagements

  • Speaker at the Allen & Overy Senior M&A Academy on the topic of earn-out disputes, February 2024.
  • Speaker on trends in enquiry proceedings at the Academy for Legal Practice, autumn 2023.
  • Guest Speaker on directors’ duties and liabilities in international group companies at a top50 management meeting of an internationally operating client, summer 2023.
  • Guest speaker on trends in corporate governance and supervisory directors’ duties at an event hosted by a private equity firm, spring 2023.
  • Guest panellist on the topic of enquiry proceedings at the presentation seminar of the Handboek Enquêterecht, summer 2022.
  • Speaker at the Allen & Overy Covid19 Restructuring Webinars, on the topics of directors’ liability, shareholders’ liability, and directors and supervisory directors’ duties, summer and autumn 2021.

Recognition

“Richard de Haan is a go-to corporate litigator, very smart and no-nonsense”
Legal 500, 2024
“He is very sharp also good at seeing the other side of the issue. He is a very pleasant person to work with”
Chambers Global, 2024

Qualifications

Admissions

Admitted as advocaat, Netherlands, 2000

Listed in the register of legal practice areas of the Dutch Bar Association for Litigation.

Academic

Master of Laws, Dutch Law, University of Groningen, the Netherlands, 1999

Master of Laws, International Law, University of Groningen, the Netherlands, 2000

LLM, European Law, King’s College London, 2001

Languages

Dutch, English
Disclaimer
A&O Shearman was formed on May 1, 2024 by the combination of Shearman & Sterling LLP and Allen & Overy LLP and their respective affiliates (the legacy firms). Any matters referred to above may include matters undertaken by one or more of the legacy firms rather than A&O Shearman.