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Shearwaters has secured victory for a leading international paper manufacturer in a landmark appeal case

Amsterdam, July 2017

Shearwaters has secured victory for a leading international paper manufacturer in a landmark appeal case.

In 2016, the company turned to Shearwaters to terminate the legal relations with one of its prominent Management Board members.

In the course of this mandate, Shearwaters already obtained the first delicate, court ordered, termination of a board member’s employment agreement since new and stricter Dutch dismissal laws entered into force in 2015.

That 2016 verdict by the District Court was appealed by the former board member, but to no avail. The verdict has now been confirmed by the Amsterdam-based Court of Appeal.

Lead-counsel and co-heads of Shearwaters, Martijn van Broeckhuijsen and Maarten Vestering, said:

“This appeal court ruling is significant in that it confirms the very first lower court decision on complex dismissals of managing directors under current Dutch dismissal laws.

The appeal court agreed with the lower court (and as such: with our client) that an irreconcilable difference of opinion between all stakeholders regarding the organisational and management structure of the company qualifies as a reasonable ground for dismissal. The fact that the managing director was ill at the time of his dismissal did not prevent the dismissal since the illness was unrelated to the company’s request for the dismissal.

We are satisfied with the outcome of this court case in appeal. This mandate reflects the strength of our strategic advice and litigation capabilities, next to our other pillar: providing first class support in M&A deals.”

Dutch boutique Shearwaters continues to expand as fifth seasoned corporate employment lawyer joins the firm.

Amsterdam, June 2017

Seasoned corporate employment lawyer Céline Estourgie (pictured) will join Dutch boutique law firm Shearwaters this summer.

Céline Estourgie has worked in the international business environment for some 15 years. At Shearwaters, she will join its seasoned team of specialist employment lawyers and work alongside her former colleagues Karin Bodewes, Barbara-Ellen Bruin, and the firm’s co-heads Martijn van Broeckhuijsen and Maarten Vestering, who left Linklaters and Baker McKenzie in 2015 to set up Shearwaters.

Throughout her career, Céline Estourgie has solved employment issues in international transactions and standalone employment matters for corporates and financial institutions operating internationally. Céline’s start at Shearwaters marks her return to private practice, after five years as an in-house counsel at one of the world’s major energy companies.

Céline Estourgie:


“Joining Shearwaters and working closely with my former colleagues is really wonderful. Being able to contribute to the firm’s already strong track record as a seasoned team of committed and trusted advisors in its niche is exciting to me”.

 

Martijn van Broeckhuijsen and Maarten Vestering,

Co-heads of Shearwaters:

“We are very happy with Céline’s arrival. She complements our team, which now consists of five seasoned lawyers with over 75 years of combined experience and expertise gained at global businesses and global law firms. Céline has an excellent reputation and the distinctive global mind set, sound approach and behaviour that fit our niche and expansion strategy. In addition, her arrival enhances our capacity and offering to our clients, as we continue to bring in high-end mandates of Dutch corporate employment law in the international business environment.”

Former international partner of Baker & McKenzie’s Amsterdam employment and pensions team, Karin Bodewes, will join Dutch boutique Shearwaters as of counsel per 1 July 2016.

Amsterdam, 10 June 2016

Upon joining Shearwaters, Karin Bodewes (pictured) will reunite with her former colleagues Martijn van Broeckhuijsen, Maarten Vestering and Barbara-Ellen Bruin.

Karin Bodewes has been practicing employment law for nearly 30 years. She is adept at solving employment issues, particularly in individual employment matters, for corporates, financial institutions and top executives operating internationally.

 

Karin Bodewes:


Joining Shearwaters and working alongside my former colleagues is just wonderful. I’m looking forward to contributing to the firm’s further growth”.

Martijn van Broeckhuijsen and Maarten Vestering

Co-heads of Shearwaters:

We are delighted with Karin’s arrival. She is widely recognized as a leading practitioner with an excellent reputation and vast experience at the world’s largest international law firm. Her arrival enhances our offering to clients. At the same time, it underpins our strength and goal: fostering personal relationships with companies and executives alike, enabling us to consistently and successfully resolve their high-end matters of Dutch corporate employment law.

Former associate of Baker & McKenzie’s Amsterdam employment and pensions team, Barbara-Ellen Bruin, has joined forces with Dutch boutique firm Shearwaters.

Amsterdam, 4 May 2016

Barbara-Ellen Bruin (pictured) has been working in the international business environment for over 10 years. She will continue to do so alongside her former colleagues Martijn van Broeckhuijsen and Maarten Vestering, who left Linklaters and Baker & McKenzie in 2015 to set up Shearwaters.

During her tenure at Baker & McKenzie, Barbara-Ellen Bruin gained relevant experience in solving employment issues in international transactions and in standalone employment matters for corporates, financial institutions and executives operating internationally.

In the past five years, Barbara-Ellen Bruin lived and worked in Houston (United States of America) where she obtained HR-qualifications at a leading university and managed the day-to-day business of a Houston based communications and project management firm operating in the Texas energy industry.

 

Barbara-Ellen Bruin:


It is wonderful to be working with Shearwaters and alongside my former colleagues Martijn van Broeckhuijsen and Maarten Vestering. I look forward to contributing to the firm’s further growth”.

Martijn van Broeckhuijsen

Founding Partner of Shearwaters:

We are delighted with Barbara-Ellen’s arrival. She has an excellent reputation and the distinctive international mindset, approach and behaviour that sit well with our expansion strategy. Her arrival enhances our offering to clients. At the same time, it underpins our firm’s strength and goal: fostering personal relationships with companies and executives alike, enabling us to consistently and succesfully resolve their high-end matters of Dutch corporate employment law.

Former and seasoned employment law expert of Baker & McKenzie’s Amsterdam employment and pensions team, Maarten Vestering, has joined Dutch boutique firm Shearwaters as a partner.

Amsterdam, 1 September 2015

Maarten Vestering has reunited with his former colleague Martijn van Broeckhuijsen, who left Baker & McKenzie in 2010 to head up Linklaters’ Amsterdam employment and pensions team.

Maarten Vestering brings with him 15 years of experience in advising corporates, financial institutions and executives operating internationally, on stand-alone employment law matters and on the employment law aspects of mergers, acquisitions, closures and relocations of businesses.

Maarten Vestering

I am excited about joining Shearwaters and reuniting with my former colleague Martijn van Broeckhuijsen. We will continue to build our track record as committed and trusted advisors to corporate clients and executives facing the challenges of Dutch corporate employment law in the international business environment”.

Martijn van Broeckhuijsen

Founding Partner of Shearwaters:

We are very happy with Maarten’s arrival. He has an excellent reputation and vast experience at the world’s largest law firm. His arrival enhances our offering to clients. At the same time, it underpins our strength and goal: fostering personal relationships with companies and executives alike, enabling us to consistently and successfully resolve their high-end matters of Dutch corporate employment law.”

Who? The University of Amsterdam in cooperation with Shearwaters.

What? The 62nd AOM-meeting.

When? Friday 13 October 2017 at 9:15am.

Where? At Shearwaters, the unique boutique law firm focusing solely on Dutch corporate employment law in the international business environment. Located @ Spaces Zuidas in Amsterdam: www.spacesworks.com/amsterdam/zuidas

About Shearwaters

We are Shearwaters, the boutique law firm focusing solely on Dutch corporate employment law. We work from Amsterdam’s financial district (Zuidas). Our clients are internationally operating corporates, financial institutions and (senior) executives.

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Shearwaters helps its clients navigate through the complexities of Dutch corporate employment law in the following three areas:

  • Transactional support;
  • Strategic advice;
  • Litigation and mediation.

The lawyers at Shearwaters are a seasoned team of committed and trusted advisors to corporate clients and executives facing the challenges of Dutch corporate employment law in the international business environment.

They are highly specialised and highly experienced in this field, having worked at global law firms Baker McKenzie and Linklaters and at prominent Dutch firm Houthoff Buruma for a combined period of over 75 years.

The lawyers at Shearwaters are particularly adept at advising clients on delicate (executive) dismissals, works council consultation processes, executive remuneration, collective redundancies and reorganisations (including negotiations with trade unions on social plans).

Shearwaters is best known for its strong track record as a seasoned team of committed and trusted advisors to corporate clients and executives and for its (other) strengths, which are:

  • fostering personal relationships with companies and executives;
  • being consistent and pragmatic, business oriented, focused, and well networked;
  • getting things done, cutting through to key issues;
  • providing sound judgement, not just technical expertise.

 

Shearwaters is recognized as a leading firm by independent global legal directories Chambers and Partners and The Legal 500.

Contact

Maarten Vestering

+31202402761
+31619210409
Send mail

Barbara-Ellen Bruin

+31202402762
+31642177478
Send mail

Martijn van Broeckhuijsen

+31202402760
+31681838825
Send mail

Karin Bodewes

+31202402763
+31655394458
Send mail

Céline Estourgie

+31202402764
+31625374296
Send mail

Shearwaters Advocatuur B.V.
Barbara Strozzilaan 101
1083 HN Amsterdam

+31 20 240 27 60
info@shearwaters.nl

Shearwaters Advocatuur B.V. Barbara Strozzilaan 101 1083 HN Amsterdam