Legal services

We provide a seamless, comprehensive legal service. Our clients come to us for professional guidance in a variety of specialist areas. These may be complicated transactional, reputational, regulatory, constitutional or personal difficulties. In each case, our goal is to find appropriate, workable solutions to these problems, drawing together specialists from across the practice to address our clients’ individual needs.

OUR SERVICES IN

Legal services

We provide a seamless, comprehensive legal service. Our clients come to us for professional guidance in a variety of specialist areas. These may be complicated transactional, reputational, regulatory, constitutional or personal difficulties. In each case, our goal is to find appropriate, workable solutions to these problems, drawing together specialists from across the practice to address our clients’ individual needs.

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 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
• 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

Recent work highlights

• We defended a Luxembourg company, specialising in heavy load material handling solutions, over a 35-years insurance litigation. We achieved a successful decision before the Luxembourg Supreme court
• 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 are acting 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 lawyers offer judgment-based practical solutions, adding value beyond pure employment law expertise. Our advice is targeted, 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 responsiveness and care as would be expected from 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.

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

Commercial contracts

Clear, intelligent commercial contracts are the foundation of effective business transactions. Regardless of the relationship’s nature, a well-written contract will provide assurances to both parties, reduce the likelihood of disputes and decrease business risk. It should also offer clear remedies when breaches occur.

Contracts govern a vast range of crucial functions, including revenue generation, the control of expenses, acquiring IT and other infrastructure, outsourcing, and making the most of assets and resources. Major contracts need to be legally sound, understandable, and practically applicable. Even small errors can be expensive and disruptive.

At Venkatapen Boutique Lawyers, we can draw up short, practical templates for low-risk ventures or negotiate detailed, bespoke contracts for high-value, high-stakes arrangements or other transformational projects. Understanding individual organisations is central to the personal, thoughtful approach we offer.

We deal with all types of commercial contract, including:

• Contractual joint ventures and collaboration (Luxembourg and international)
• Commercial and outsourcing contracts
• Supply of goods and services
• Brand and other intellectual property licensing and exploitation
• Events and sponsorship
• Franchising

Standard terms of business

A well-formulated set of standard expressions lends businesses authority and professionalism and provides reassurance for both you and your clients. We acknowledge that clients are increasingly looking for ways to cut down on the time and expense associated with contract negotiations and drafting tasks, at a time when legal budgets are constrained, and competition is fierce, commercially astute standard terms of business remain crucial.

We frequently give clients customised sample contracts and standard terms and conditions to use in the day-to-day running of their operations. This helps cut down on time and expense associated with contracting and lowers legal risks.

Real estate

We give real estate advice to 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 workable advice while striving to identify and address problems at an early stage.

Wealth management

We work with families, individuals, trustees and fiduciaries on a broad range of estate planning issues. These include wealth planning, wills and trusts, estate disputes and charitable contributions. We work collaboratively with a range of advisers to assemble the best solutions for our clients, including advising on cross-border issues for international families.

Our wealth management work includes:

• Drafting wills, trusts and estate documents
• Advising on efficient wealth planning for families and individuals
• Establishing and administering charitable organisations
• Advising families on cross-border legal issues regarding international property or businesses

Employment law

Our work relating to Luxembourg Employment Law includes reviewing and tailoring individual contracts of employment, 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 data protection, social rights and disciplinary 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 to ensure drafting of the required documents and implementing relevant schemes.

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