Wesley Vader is partner at bureau Brandeis’ Corporate & Commercial litigation department.

Wesley’s practice focuses on resolution of corporate and commercial disputes. For example, he advises and litigates on (civil) fraud cases, (directors’) liability cases, shareholder disputes and contractual disputes. Wesley is also involved in various class actions, in particular mass tort litigation.

Wesley completed his studies in Dutch law at the University of Groningen in 2007. During his studies, he also studied in Canada at the University of Western Ontario. In 2013, Wesley graduated cum laude from the postgraduate specialization training in Business & Liability at the Grotius Academy.

Wesley has been an attorney since 2007. At that time, he joined the firm now called Eversheds. From 2010, Wesley joined Lexence’s Litigation practice and in 2019 he joined bureau Brandeis.

Recent work:

• Wesley is involved in several class actions. For example, he is one of the counsels of Diesel Emissions Justice Foundation. In that capacity, he is currently involved in five class actions in the diesel scandal against conglomerates of car manufacturer such as Volkswagen Group, Mercedes, Fiat, Renault and Peugeot.
• Wesley acted as counsel in several fraud-related matters. For example, he litigates the theft of confidential business information but also assists clients who join criminal proceedings as aggrieved parties and claim compensation for damages resulting from fraud.
• Wesley assists (managing) directors in both civil proceedings and inquiry proceedings before the Enterprise Chamber.
• Wesley acts in disputes concerning unlawful competition.
• Wesley handles proceedings regarding the interpretation of contracts.
• Wesley has extensive experience with attachment of evidence, exhibition claims and enforcement disputes.

Wesley regularly gives (in-house) courses on directors’ liability and the prevention and combating of fraud. He also publishes with some regularity in corporate law journals such as Tijdschrift voor de Ondernemingsrecht Praktijk (TOP) and Maandblad voor Ondernemingsrecht (MvO).

Testimonials in Legal500:

• ‘Louis Berger is a seasoned and knowledgeable lawyer and great to work with. Frank Peters and Wesley Vader stand out.’
• ‘Wesley Vader is an excellent litigator. Very energetic and on the ball. We work together seamlessly.’
• ‘Senior associate Wesley Vader has an outstanding knowledge of Dutch civil procedural law.’

Bas is a partner at bureau Brandeis. He is an experienced lawyer in the field of (European) competition law and a recognised specialist in the field of regulated markets (such as telecoms, media, mail and parcels, fintech, data and mobility). Bas represents companies and their management in civil proceedings as well as before the Netherlands Authority for Consumers & Markets (ACM) and the European Commission. He has represented clients in more than a hundred (both administrative law and civil) cases in the field of competition law and economic regulation, before both Dutch and European courts. He defends companies in (alleged) cartels and during dawn raids and advises and litigates almost a daily basis on foreign direct investments (Wet Vifo), the Digital Markets Act (DMA), forms of collaboration and state aid. Bas is involved in several follow-on competition cases (cartel damages cases), including in the financial and tech sector. Bas is seen as a trusted advisor and also often acts as counsel’s counsel for specific matters of (European) competition law, for example in the context of takeovers and joint ventures.

Bas studied in Leiden, Paris and London and was called to the bar in 2001. Before joining bureau Brandeis he was a long-time employee of Allen & Overy (Amsterdam and Brussels) and was one of the co-founders of Maverick, a niche firm focusing on competition law. Bas has a great many publications to his name and regularly lectures at the University of Utrecht and the University of Leiden. He has for many years been recommended by prestigious lawyer guides such as Legal 500, Chambers & Partners because of his knowledge of European competition law and regulated sectors. In 2018 Bas won a Client Choice Award (Telecommunications) for “excellence in client service”. In 2021 Bas was the exclusive winner for the Client Choice Award for Competition. Bas is also recommended for European competition law by Who’s Who.

Reviews on Bas in these guides include:

• “He is an outstanding lawyer”
• “He is combining an impressive skillset and knowledge with a very down to earth manner of working“
• “He will tailor his approach and advice to exactly what the client and case at hand need“
• “Highly skilled”
• “Highly intelligent”
• “Bas is a real fighter!”
• “He has an impressive practice.”
• “He has a very sharp legal mind”
• “Very capable and thorough lawyer, combining competition skills with insights in regulatory work
• “He offers practical and to-the-point advice and has thorough knowledge of and broad experience with competition law”
• “He receives glowing praise for his ‘knowledge, easy communication and transparent approach”

Relevant experience:

• Extensive experience in the field of cartel cases, including litigation on guidelines on the inspection of digital data, eventually resulting in a landmark judgment of the Court of Appeal in The Hague. He also achieved rare victories in litigating on decisions to publish alleged cartel decisions, thereby preventing the competition authority from publishing the cartel decision;
• Obtaining a very significant reduction of a cartel fine from initially almost € 2 million, then € 1 million (in appeal) and ultimately € 10.000,- (in further appeal with the Dutch Trade and Industry Appeals Tribunal);
• Preliminary ruling proceedings at the Court of Justice regarding the interpretation of Article 101 of the TFEU (the prohibition of cartels), the role of European recommendations in the telecoms sector and tariff regulation in the postal sector;
• Competition law support in various complex takeovers, at both the European Commission and the ACM and for both merging parties and complainants. Bas has played an active role in complex (often second phase) takeovers such as Sunweb/Corendon, PostNL/Sandd, Vodafone/Ziggo, Ziggo/Liberty, T-Mobile/Tele2, KLM/Martinair, Holland Pharma/FACO and KPN/Tiscali;
• Successful representation of clients in important civil competition law proceedings for the likes of T-Mobile, Canal+ and Prijsvrij (both in the area of abuse of dominant position and the prohibition of cartels);
• Representation of skaters Mark Tuitert and Niels Kerstholt and sports trade union EU Athletes as third parties in the appeal proceedings at the Court of Justice in Luxembourg against the decision of the European Commission on the admission rules of the International Skating Union (ISU);
• Successful representation of Eredivisie Media & Marketing (Fox Sports) as third party in KPN and CAIW appeal proceedings against a decision by ACM on the exploitation of the broadcasting rights for Dutch premier league football matches;
• Assisting RadioCorp, the owner of two Dutch radio channels and co-owner of sales house (One Media Sales) in a probe by the Dutch competition authority on alleged abusive loyalty discounts for radio advertisements. The case was settled with a commitment decision;
• Representation of the Portuguese company Fapricela in cartel damage proceedings (follow-on cartel case) in relation to the (alleged) prestressing steel cartel.

Simone Peek is a partner at bureau Brandeis. Her practice focuses on complex cases on financial law and other regulatory disputes. She also advises on risk management and compliance.

Simone helps companies and individual directors that are (sometimes very unexpectedly) confronted with investigations and enforcement measures of regulators and she represents them in proceedings. This may involve market access, integrity, special duties of care, transparency obligations, conflicts of interest, market abuse and risks of corruption, money laundering and sanctions violations.

With both a legal and communication background, Simone has an eye for the commercial and reputational aspects of a case. She is experienced in reputation management and knows how to handle the media. This is essential in business critical and sensitive discussions with regulators and other parties. Especially since more and more directors and other policy makers are personally affected and some disputes are better solved behind the scenes.

For years now she has been active in the financial market as well as in the pharmaceutical industry. Unique about Simone is that she combines this specific sector knowledge with extensive trial experience. She often litigates internationally and is frequently involved in cross border investigations and knows, like no other, how to make both the legal and cultural translation.

Clients and fellow attorneys describe Simone as analytically strong, creative and focused. She turns complicated regulations into practical advice, keeps her eye on the big picture and does not give until a solution is reached, if necessary by creating new case law.

Simone studied law and communication at the Radboud University, University Jean Moulin Lyon 3 and INSEAD. Before joining bureau Brandeis, she worked for Clifford Chance in Amsterdam and Washington D.C. for more than 10 years.

Frank Peters is partner and allround litigator. He is a seasoned corporate and securities litigator – experienced in (international) litigation and collective redress. He is a member of the post-doc legal programm ‘Climate and Law’ of Radboud University’s CPO.

Frank Peters is a member of the International Bar Association (IBA). He speaks Dutch, English and (conversational) Russian. Frank Peters studied European Studies (management, economics and French) at Royal Holloway and Bedford New College, London University, and civil and tax law at the University of Groningen.

In 1997, Frank Peters was admitted to the bar. After working as a tax and corporate attorney at Loeff Claeys Verbeke, he moved to De Brauw Blackstone Westbroek, again combining the field of both corporate and tax law. As of 2001, Frank Peters has practiced as a corporate and securities litigator with Spigt Litigators and next with bureau Brandeis.

As a litigator, Frank has particular expertise in the following areas:

• Corporate & Securities: disputes relating to (corporate) governance of companies or NGOs, management and board liability, minority shareholder positions in respect of listed companies or private equity parties, litigation before the enterprise chamber (enquiry proceedings), supporting international class actions and other disputes as local counsel
• Commercial: post M&A disputes, distribution agreements, joint ventures and other major contractual relations, follow-on litigation for breaches of competition law;
• Climate Change: disputes relating to the dangerous effects of climate change, including seeking compensation, in particular in horizontal relations.

Group litigation, be it on assignment basis or opt-out basis, plays a major role in each of these areas.

Recent work Frank Peters:

• On June 25, 2021, Frank will participate as speaker at the conference ‘The Climate Aware Lawyer’ in the series Climate and Law of the CPO, Radboud Universiteit Nijmegen;
• Frank Peters acts for Foundations The Privacy Collective against Oracle and Salesforce, in an opt-out class actions relating to GDPR breaches;
• On April 2, 2021 Frank Peters was a guest on BNR Nieuwsradio speaking on activist hedge fund campaigns to further a financial or ESG agenda;
• In 2020, Frank Peters acted for Greenpeace against the Dutch State, in respect of the EUR 3.4 billion state aid given to KLM without substantial climate conditions
• In 2020, Frank Peters acted for several minority shareholders against the Dutch foundations of Yukos (paywall) in respect of overspending by the boards of the assets held;
• Frank Peters, together with Grant & Eisenhofer and KTMC, acts for South-Africa’s civil servants pension fund and largest asset manager of Afrika, The Public Investment Corporation, and approx. 45 other institutional investors in respect of the bookkeeping fraud with South-African company Steinhoff;
• 2017: acting as legal counsel in high stakes international arbitration proceedings, relating to online businesses;
• 2017: representing as co-counsel a US based international media conglomerate in a dispute over broadcasting rights of Dutch operators;
• 2017: representing US and UK based hedge funds in respect of activist matters relating to several Dutch blue chip companies and engaging with certain mid-cap companies;
• 2016: representing Taiwanese financial conglomerate FUBON in Enterprise Chamber proceedings commenced by Highfields against Delta Lloyd, in relation to Solvency II matters and a rights issue;
• 2014 and 2015: Frank Peters spoke at the DRRT conference on ‘Global Investor Protection – Developments and Trends for Institutional Investors’ in Miami and Frankfurt, on Dutch law aspects of class actions and financial markets manipulation in respect of EURIBOR and LIBOR rates;
• Representing defendants in post take-over litigation relating to Dockwise’ public offer on Fairstar;
• Representing interested parties in several inquiry proceedings (enquête procedure) before the Enterprise Chamber, such as those relating to KPNQwest, Fortis, Leaderland, Quintel, and E-Traction;
• Representing hedge funds in several activist investments such as ABN Amro (2007), Philips (2009), TNT (2011) and TNT Express (2012) and other instances which have not been disclosed;
• Representing several financial institutions in squeeze-out proceedings such as those relating to ABN Amro, Hagemeijer and Corporate Express;
• Representing several wind energy development companies, in disputes (in and out of court) with Vestas Wind Systems A/S and other wind turbine construction companies.

Louis Berger is partner and founder of bureau Brandeis.

Louis is a recognized litigator specialized in: complex cross border and domestic ligation, class actions, antitrust damages litigation, corporate and commercial litigation.

After graduating from the University of Amsterdam, Louis Berger was admitted to the bar in 1997. Prior to Louis cofounded bureau Brandeis in 2014, he was partner at Spigt Litigators.

Louis Berger is admitted to the Dutch Bar Association and is among others member of the International Bar Association (IBA), the American Bar Association (ABA) and the Dutch Association for Corporate Ligation.

Louis Berger is editor of Cartel Damages Quarterly the bureau Brandeis’ journal on cartel damage competition case law.

An important part of Louis Berger’s practice regards class action and antitrust damages litigation. In these complex cases Louis’ long-term expertise in litigation come to its own right. Currently, Louis is involved in several antitrust damages cases, among others the so-called Trucks Cartel Case. In many of his cases Louis works together with funders.

Another part of his practice consists of shareholder disputes. Louis advises shareholders and directors in order to prevent litigation, but if needed also represents them in proceedings.

Recent work includes:

Retained by several oil companies in cross border litigation cases;

Regularly retained by one of the biggest Dutch hotel chains in commercial litigation;

Retained by a Swiss listed company regarding its dispute with its joint venture partner, a Belgian listed company;

Retained by the bankruptcy trustee of the former main Dutch meat producers in a multi million euro dispute against KPMG;

Retained by the former director of the board of several Dutch real estate investment funds in proceedings against bond holders and a compensations foundation;

Retained in several class actions and by claim funders.

Retained in Aircargo Cartel Case.

Vita Zwaan is partner at bureau Brandeis and specialises in privacy and data protection. She advises on compliance issues in various sectors, assists clients in investigations carried out by the Dutch Data Protection Authority and litigates in class actions involving privacy. Known for her practical, prompt and thorough advice, she is also an experienced litigator.

Vita manages GDPR compliance projects for a wide range of clients including both domestic and international companies, retailers, video on demand services, cinemas, online and print publishers, advertisers, charities, industry associations and sharing economy services. She has also litigated in a number of groundbreaking class actions involving privacy and was at the forefront of the movement to make the Dutch Cookie Act more flexible.

Sworn in as an attorney in 2005, Vita has worked at bureau Brandeis since its inception. A member of the Privacy Law Association and the Privacy Lawyers Association, she also publishes and gives regular workshops and presentations on privacy and data protection.

Recent work:

• advice on GDPR compliance, including on the
  • international exchange of personal data;
  • data breaches and security issues;
  • the use of customer data for marketing purposes and profiling;
  • retention of personal data and privacy documentation;
  • tranmission of commercial communications and behavioural marketing;
  • disclosure of user identities/customer data to investigative agencies and other third parties;
  • theuse of cookies and personal data for online advertising purposes and the use of special personal data;
  • requests from data subjects, such as for inspection and deletion of data;
• drafting and negotiating processing agreements and agreements between joint controllers;
• advice on personal data in the context of mergers and acquisitions;
• assisting with enforcement procedures carried out by the Dutch Data Protection Authority and the ACM;
• preparing gap analyses;
• carrying out Data Protection Impact Assessments (DPIAs);
• preparing privacy documentation such as privacy and cookie statements and retention policies;
• giving workshops on privacy issues.

Testimonials in Legal500 Data Privacy and Data Protection:

• ‘bureau Brandeis has a great team that gives excellent advice. Quick, thorough, seem to be on top of all new developments. Always very approachable and friendly.’
• ‘Vita Zwaan stands out, she always has a practical solution or has a great and calm way to explain in clear language why it would be better not to proceed with certain plans.’
• ‘Individuals have an eye for your company’s best interest.’
• ‘What makes them strong for me? Their people and their team as a whole. I like how they focus on high-level litigation cases, giving them a very deep knowledge of data protection. But we can also contact them for regular data protection matters.’
• I love working with Christiaan Alberdingk Thijm and Vita Zwaan. ‘Very professional, very reliable, very profound, very approachable.’

Machteld Robichon is partner bij bureau Brandeis. Zij staat bedrijven bij vergunningaanvragen en bij het oplossen van geschillen bij toezichthouders zoals het Commissariaat voor de Media, de Kansspelautoriteit, de Autoriteit Consument & Markt en de Autoriteit Persoonsgegevens. Vaak betreft het strategische trajecten, waarbij het politieke veld een rol speelt, zoals de modernisering van de Wet op de kansspelen en de toetreding van nieuwe operators. Zo adviseren Machteld en haar team aanbieders bij het verwerven van vergunningen voor het aanbieden van online kansspelen.

Naast haar jarenlange ervaring in de bestuursprocespraktijk, geeft Machteld praktisch advies over de speelruimte en compliance binnen de regulering in de media-, telecom- en kansspelsector.

Machteld was voorheen werkzaam bij SOLV, Kennedy van der Laan en Stibbe.

Recente werkzaamheden:

• Verschillende (handhavings)trajecten voor aanbieders bij Commissariaat voor de Media, Kansspelautoriteit en Autoriteit Consument & Markt of relevante ministers over naleving van wetgeving:
  • Procedures over boetes resulterend in voorkoming of verlaging boetes.
  • Advisering van aanbieders over informatieverzoeken en vorderingen van toezichthouder.
  • Geslaagd beroep tegen last onder dwangsom van de Autoriteit Consument & Markt over de naleving van de e-Commerce Directive. De rechtbankvernietigde het bevel en oordeelde dat LiveChat van Netflix een effectief contactmiddel is en Netflix niet verplicht is een emailadres te publiceren.
  • Succesvolle uitspraakvan de Afdeling bestuursrechtspraak, die oordeelde dat het bevorderingsverbod in de (toenmalige) Wet op de kansspelen niet van toepassing is op betaaldienstverleners.
• Verschillende procedures voor Talpa Radio over verdeling en verlenging frequentievergunningen.
• Advisering over invulling samenwerkingen tussen publieke media-instellingen binnen de Mediawet en eventuele melding bij Commissariaat voor de Media.
• Succesvolle ondersteuning bij verkrijging vergunningen voor online kansspelen bij de Kansspelautoriteit.
• Geslaagd beroep bij rechtbank Amsterdam tegen afwijzing loterijaanvraag. Dit resulteerde in het openen van de loterijmarkt nieuwe toetreders.
• Advisering en procedures over aanleg van glasvezelnetwerken en vraagstukken onder hoofdstuk 5 Telecommunicatiewet, waaronder prejudiciële verwijzing: procedure over vergoedingen voor installatie netwerken. Het HvJEUoordeelde dat vergoedingen moeten worden getoetst aan de Machtigingsrichtlijn.
• Verzoeken en procedures onder de Wet open overheid. Ons team heeft onder meer bij de rechter bewerkstelligd dat de vertrouwelijke businessplannen van een aanbieder niet aan concurrenten werden vrijgegeven.

Ranked Chambers

• “Machteld is responsive and capable of thinking outside of the box.”
• Machteld has a keen eye and a sharp pen, and she does not give up easily.”
• “Machteld Robichon frequently assists clients from the media sector with advertising, broadcasting and media regulatory matters. Clients appreciate Robichon’s tenacity and think“she is very good in court.””

Ranked in Legal 500

• “We regularly work with Machteld Robichon, who is a pleasant and very intelligent person, both socially and in terms of content. She has enormous knowledge of the subject, is fast and customer focused, being able to transfer her knowledge quickly and in a simple manner to the client. She has a strong sense for political sensitivities and is able to combine this with her legal knowledge in spot on strategic advice.”
• “Machteld Robichon has a unique knowledge of gaming and media law especially and law enforcement issues. She is straight forward, honest and has integrity.”
• “They are leading in the gambling law field and have successfully advised and supported new entrant firms in litigation against the state and during licensing processes. They are pro-active and business minded and do not think in limitations but in solutions.”
  “Machteld Robichon listens very well and is able to transform the story of the client into a viable legal strategy. She follows through and does not give up, even in dire situations.”
• “bureau Brandeis consists of highly qualified lawyers, who provide high-level services and advice. There is not a single person in the firm, whom we have worked with, who we would not want to work with again. They are intelligent, social, and very pleasant people to work with. They do not only have excellent legal knowledge, they also know how to combine this with up-to-date knowledge of developments, leading to to-the-point services and advice. They are also highly qualified when it comes to publications and educational services.”

Christiaan Alberdingk Thijm is partner of bureau Brandeis. He specialises in digital copyright, the liability of intermediaries, privacy and free speech issues. He is both a trusted advisor to his clients such as KPN, Netflix and eBay and an experienced litigator. “He is brilliant and able do the most difficult cases, because he understands the technology as well as the law. He is not easy to outsmart,” one of his legal peers is quoted in Chambers.

Members of Parliament, both Dutch and European, call upon him regularly for advice on technology law matters. He is a frequent speaker and often appears on national television and in other media as a commentator on current legal events.

Besides his work as an attorney, he is a senior lecturer at the University of Amsterdam.

Christiaan Alberdingk Thijm is also the author of a work of fiction. His debut novel ‘The Trial of the Century’ (“Het proces van de eeuw”) came out in 2011 and is currently running its seventh edition.

Recent work:

• Representing XS4ALL in a case about DNS- and IP-blocking before the European Court of Justice. Still pending.
• Representing Sanoma / Playboy in a landmark case about (copyright) liability of hyperlinking to protected content. Victory.
• Representing the Netherlands Publishers Associations in a landmark case about the legality of making available second-hand e-books. Victory.
• Representing eBay subsidiary Marktplaats before the Court of Appeals of Leeuwarden in a case concerning the liability of classified ads websites. Victory. Marktplaats was not under an obligation to pro-actively block or filter infringing ads;
• Representing NORMA, a collecting rights society for actors, in a case against the Dutch State over unlawful legislation. Victory. The Court of Appeals of The Hague determined that the State had acted unlawful by freezing a system of copyright levies to compensate private uses;
• Advising ISPs and other intermediaries about the disclosure of personal data of its subscribers to copyright holders and law enforcement authorities;
• Assisting the Dutch Royal Library in obtaining collective licenses for scanning and making available its archive of news papers, magazines and books.

Companies he works for:

KPN, XS4ALL, Netflix, Airbnb and eBay.

Hans is partner of bureau Brandeis. In the Netherlands Hans is one of the top entertainment lawyers. Internationally, he specializes in  antitrust damage litigation. He has over 25 years of experience in antitrust litigation. Hans is a pit-bull if need be, but he knows when and how to settle. Therefore, Hans is a perfect fit for plaintiffs looking for recovery of damages from antitrust cartels, independently or through class action. To bureau Brandeis – challenging the status quo and backing the underdog – this antitrust practice group fits like a glove.

Hans is the founder and editor of Q, the Cartel Damages Quarterly: the world’s only journal on cartel damage competition case law. Hans is therefor on top of all new developments in cartel damage case law and regularly speaks at conferences and symposia on this matter.

Earlier work by Hans regarding antitrust damages litigation includes the attacking of the fixed price for books in Holland. Hans has gained quite a reputation in the media and entertainment industries for the results he booked regarding this matter: the Dutch book cartel was forced to let go of the cross border nature of their price fixing. Also, Hans worked on bringing down the monopoly the Belgium government held on radio frequencies for state aided broadcasters. Due to his efforts the Belgium authorities were forced to revise its legislation regarding this matter. He handled a case regarding a major toy manufacturer employing dual pricing.

Hans is a member of the American Bar Association (ABA) and the New York State Bar Association (NYSBA). He is also a member of the Antitrust LitigationWorking Group of the International Bar Association (IBA) and is co-chair of the IBA Working Group Digital Economy.

Nationally Hans is regarded as one of the best entertainment lawyers in the Netherlands (see his Dutch profile).

Publications

• The Netherlands as efficient jurisdiction for cartel damages claim litigation, IBA Legal Practice Division, International Litigation News May 2017
• Monetization of the Global Music Buiness, International Association of Entertainment Lawyers, IAEL, 2016, in samenwerking met Lex Keukens en Younes Moussaoui.
• De Wet op de vaste boekenprijs in de Praktijk: handleiding en commentaar, 2006. A practical guide to The Fixed Book Price Act,  2006.
• Jurisprudentie en commentaar Wet op de Vaste Boekenprijs, deel I en II, 2013. Case Law and Annotation on the Fixed Book Price Act, part I and II, 2013.
• Het Wetsvoorstel Auteurscontractenrecht: de premisse en de relatie tot het commune overeenkomsten (samen met P. Lindhout), AMI februari 2013. The proposed bill Copyright Contracts: and its relation to civil law (with P. Lindhout), AMI Febuary 2013.