Commercial litigation

Our experienced team of dispute resolution specialists deal with high-value, high-profile and complex commercial disputes, often with international elements. When a dispute arises, we work closely with our clients to achieve the best possible outcome while minimising the financial impact and disruption to their business.

We have a strong global network of trusted lawyers and other advisors including forensic accountants and business intelligence firms. Where appropriate, we help our clients build multi-disciplinary teams of experts and work closely with them to provide seamless technical and commercial solutions to complex contentious issues.

We have extensive experience in many types of commercial litigation, including:

  • Commercial contract disputes.
  • Civil fraud and asset-tracing.
  • Claims arising out of corporate transactions including warranty and indemnity claims.
  • Insurance coverage disputes.Insurance coverage disputes.
  • Shareholder claims including unfair prejudice petitions and derivative actions.
  • Jurisdiction challenges.
  • Making and resisting applications for injunctive remedies including freezing orders, search orders and springboard injunctions.

Highlights of our recent work

  • We defended a Luxembourg company, specialising in heavy load material handling solutions, over a 35-year insurance litigation. We achieved a successful Supreme court decision.
  • We advised a private bank involved in a Madoff Luxembourg-based feeder fund currently in liquidation.

Corporate and shareholder disputes

Litigation can impact a company’s ability to raise money, uphold a positive reputation, and expand its business. Our clients trust us to handle their critical and sensitive business challenges. We provide partner-led solutions, collaborating with other professionals to provide comprehensive strategic guidance for all our clients.

We are experienced in all forms of dispute resolution, from early strategic guidance and informal negotiation to litigation, arbitration and trial. We have an excellent track record of helping clients achieve out-of-court resolution. We advise private companies, partnerships, founders and entrepreneurs and family businesses in a wide array of sectors, together with stakeholders including private equity and venture capital funds, high net worth investors, shareholders and individual directors.

We have extensive experience in many types of corporate governance disputes, including:

  • Shareholder and investor disputes.
  • Director and boardroom disputes.
  • Post-M&A claims and earn-out disputes.

Recent work highlights

  • We acted for a majority shareholder defending a claim by a minority shareholder alleging unfair prejudice.
  • We secured the appointment of a judicial receiver during a shareholder’s dispute, ensuring the successful continuation of a Luxembourg company.

Financial services litigation

Our team of financial services litigation, contentious regulatory and investigations lawyers offer expert strategic advice to guide our clients through a range of complex, high-value and reputationally critical issues. Our financial services expertise focuses on delivering specialist advice and solutions to asset managers, investment funds and private equity firms, along with private banks and wealth managers. We also advise senior executives, entrepreneurs and wealthy individuals.

With the increasingly international nature of litigation, regulatory investigation and enforcement action, our clients benefit from our long-established links with market-leading overseas law firms and other specialists who can provide complementary expert services across the globe. Our team is experienced in handling the most difficult and high-profile matters, often of an international nature.

Our financial services litigation expertise includes:

  • Complex litigation, disputes and cross-border claims.
  • Internal and whistleblower-related investigations.
  • Regulatory investigations and enforcement action, acting for both firms and individuals.
  • Partnership disputes.
  • Market abuse investigations and advice.
  • Managing contentious risk.

Recent work highlights

  • We acted for an investment fund in its €100 million commercial court claims against multiple local and international defendants alleging fictitious investments in commodities and real estate.
  • We advised an insurance broker on the authorisation and compliance requirements for its operations in Luxembourg and ensured its representation in court.

Employment litigation

Our employment lawyers offer judgment-based practical solutions, adding value beyond pure employment law expertise. Our advice is to the point, allowing our clients to make decisions confidently. We act for both employers and individuals, giving us the broadest possible perspective.

For employers: our understanding of employers’ businesses, culture and people allows us to act as extensions of their own HR and senior management teams.

Our work for employer clients includes:

  • Drafting of contracts and policies.
  • Advice on recruitment.
  • Day-to-day advice on employee relations issues, including disciplinaries, dismissals, grievances and whistleblowing.
  • Large-scale workplace investigations.
  • Small-, medium- and large-scale redundancies-
  • Transfer of undertakings (protection of employment) transfers and restructuring.
  • Employment tribunal claims for unfair dismissal, discrimination, whistleblowing and other employment disputes.
  • Restrictive covenant and team move-related claims.

For senior executives: we strive to provide senior executives with the same availability and understanding provided by a member of their own team. We deliver strong legal support through a potentially insecure time. Our advice includes:

  • Negotiating contracts and benefits, share schemes, bonuses and equity on starting a new role.
  • Resolving disputes, such as grievances, discrimination and equal pay issues.
  • Advising on regulatory investigations.
  • Negotiating voluntary departures and forced exits on the best possible terms.
  • Advising in relation to employment tribunal claims.
  • Defending disputes relating to restrictive covenants and team moves.
  • Regular bulletins, training updates and interactive seminars.

Employment disputes and litigation

Dispute resolution requires far more than legal skills. It necessitates an in-depth understanding of an organisation and the people involved, as well as the ability to negotiate pragmatic and workable solutions to the issue at hand.

Where a dispute has arisen, we use our experience to explore alternative solutions to tribunal proceedings, such as mediation. Nevertheless, we recognise there are limits to alternative dispute resolution and it may not be possible to avoid tribunal litigation every time. We understand the pressures and sensitivities that arise from tribunal proceedings, and our team members have the knowledge and insight to make the process as smooth and stress-free as possible.

Employment contracts, policies and benefits

This part of our work includes reviewing and tailoring individual contract clauses, as well as drafting entire suites of contracts and staff handbooks. We are proactive in keeping our clients up to date on changes in the law and their impact, in areas including equal opportunities, family rights, disciplinary and grievance procedures. We also carry out audits of clients’ contracts and staff handbooks to ensure they comply with any statutory changes.

The implementation of share option schemes or other incentive plans requires specific knowledge of employment as well as corporate and tax law, and our highly-regarded corporate and tax lawyers work with us to draft the required documents and implement the schemes in question.

We advise a wide variety of employers in the corporate, voluntary and institutional sectors on their pension arrangements and obligations.

Senior executive and senior partner recruitment and termination

Significant career moves and workplace disputes can be a source of significant anxiety. We identify our clients’ goals at the outset and guide them through the legal process with the minimum of stress, while striving for the best possible outcome. That may be retaining an existing position after an investigation, a negotiated departure resulting in a settlement agreement, or court or tribunal proceedings.

We have built significant expertise in advising individuals who are thinking of leaving their current employer or partnership, possibly as part of a wider team move. Taking advice early can help with decision-making and provide a clear indication of any potential pitfalls.

We can also provide advice before entering a new contract of employment or partnership deed. Our lawyers are experienced in both advising on and negotiating contract terms, particularly long-term incentive plans, bonus arrangements, restrictive covenants and specific issues arising with employment in financial services.

Recent client highlights:

  • We provided a 150-employee consultancy firm with a flexible working time plan and revised employment agreements.
  • We assisted a senior executive with the finalisation of a remuneration package including stock options.
  • We resolved a long-term employment dispute on overtime and unpaid benefits.

Real estate litigation

We deal with real estate litigation from property-related disputes, advising owners or tenants, developers, investors and management companies, such as construction companies. We have in-depth knowledge of construction law, as well as tenancy law, which leads us to give pragmatic and precise advice on how to resolve disputes most effectively.

Our practice is experienced in dealing with a range of property disputes, including:

  • Issues surrounding the acquisition and sale of real estate and development land, such as the appearance of hidden defects.
  • Tenant disputes, including noise and disturbance problems.
  • Asset management issues, such as renovations.
  • Property co-ownership issues, including disputes between property partners, joint venture partners and issues arising from other forms of co-ownership.
  • Issues opposing the landlords to their tenants, such as termination letters or the funding of repairs.

LUXEMBOURG LAWYERS & SOLICITOR OF ENGLAND AND WALES

LITIGATION
ADVISORY

DONALD VENKATAPEN

CHRISTOPHE BRAULT

LESLIE BESCH

CONTACT

10A boulevard de la foire
L-1528 LUXEMBOURG
TEL : +352 45 33 95
FAX : +352 45 31 18
info@venkatapenlawyers.lu

VENKATAPEN LAWYERS

DROIT DES AFFAIRES
CONTENTIEUX
DROIT DU TRAVAIL
FINANCE LAW

DONALD VENKATAPEN

FONDATEUR &
AVOCAT À LA COUR

CHRISTOPHE BRAULT

AVOCAT À LA COUR

CONTACT

B.P. 4
10A boulevard de la foire
L-2010 LUXEMBOURG
TEL : +352 45 33 95
FAX : +352 45 31 18