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Back to Litigation & Arbitration

Mass Litigation & Collective Settlements

Mass litigation or class actiona are today an accepted instrument for bringing consumer and securities cases before a court. Typically, these cases involve major interests - financial and reputational – and often incur significant publicity. They often also involve interests from politicians and regulatory bodies.

NautaDutilh has for many years been a trusted adviser to companies involved in class action or group litigation. ‘Do you choose to sit still while you’re being shaved, or fight back to influence the public opinion?’ ‘Sue or settle? Which will it be, and when?’ These are questions that require a clear analysis and a clear mindset. It also calls for a cool-headed analysis of the conflict within a company’s commercial and operational context, and very considerable experience in cases of this type. NautaDutilh’s litigation lawyers, who specialise in class action or group litigation, provide company management and board directors with expert advice in this area. And we’re not afraid to hold up a mirror to the client, even when the time for settlement has arrived.

Recent cases

  • ABN AMRO (RBS) / VEB regarding World Online: NautaDutilh represented ABN AMRO in various courts in damage claims from VEB relating to a prospectus published when World Online was floated on the stock exchange, and we were involved in the negotiations that ultimately led to a settlement.
  • De Nederlandsche Bank N.V. / Vereniging Icesaving: NautaDutilh assisted De Nederlandsche Bank in a lawsuit brought by an association of savers who had more than EUR 100,000 deposited on their savings accounts with Icesave, the Dutch branch of the Icelandic bank Landsbanki h.f. The accusations put forward by the association against DNB were all rejected by the court. The case is currently before the appeals court.
  • Dexia Bank Nederland N.V./extension of Duisenberg Rules: NautaDutilh successfully represented Dexia Bank Nederland in reaching a settlement with interest groups of Dexia’s securities leasing clients and extension of the settlement by the Amsterdam court of justice.
  • ABP and PGGM / extension of Shell Reserves settlement: NautaDutilh represented ABP and PGGM in the proceedings that led to an extension by the Amsterdam court of justice of a settlement on the part of Shell regarding an incorrect statement relating to its proven oil and gas reserves.
  • Vedior / extension of settlement: NautaDutilh successfully represented Vedior in obtaining an extension of a worldwide collective settlement with VEB and the investors it represented relating to proven share price losses as a result of share prices manipulation.
  • Converium / extension of settlement: NautaDutilh successfully represented Scor Holding (Switzerland) AG, formerly Converium Holding AG, in proceedings to obtain an extension from the Amsterdam court of justice of a collective settlement with Converium investors outside the United States who were excluded from the class action settlement in the United States.
  • ASR Nederland N.V./ Interest group for investment insurance: NautaDutilh assisted ASR Nederland in reaching a private settlement with organisations representing policy holders on behalf of a compensation scheme for investment insurance policyholders.
  • ING Bank N.V. / VEB regarding Fortis 2007 rights issue: NautaDutilh assisted ING Bank which, as underwriter of Fortis’ EUR 13 billion rights issue in 2007, was held to account by VEB-NCVB in connection with proven misleading statements in the Fortis prospectus.
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