COMPLEX AND MULTIFACETED MASS CLAIMS ARE ON THE RISE AROUND THE GLOBE

... and companies and financial institutions are increasingly finding themselves the main target.

Our Mass Claims team is involved as lead counsel in most high-profile mass claims and class actions in the Netherlands and across Europe.

We provide legal assistance in complex mass claims and class actions, both in national and international contexts. Our integrated practice model enables us to couple a deep understanding of procedural law with expertise in areas such as antitrust and cartel damages; consumer protection and product liability; data privacy and cybersecurity; financial law; and ESG issues such as climate and sustainability, employment and human rights. Our teams consist of lawyers from various jurisdictions around the world, supported by legal project managers to assist in case management. We also offer our clients customised legal tech tools to easily manage mass claims.

Following the introduction of the Resolution of Mass Damage in Collective Action Act (known as the WAMCA) on 1 January 2020, many collective actions now fall under new statutory rules. The WAMCA has transformed the Dutch collective action regime by allowing claims for monetary damages, introducing stricter admissibility requirements, and amending the procedure. To familiarise clients and others with these new rules, we have published Unlocking the WAMCA: a practical guide to the new collective action regime in the Netherlands. The third edition includes a discussion of the EU's Representative Actions Directive and can be downloaded here.

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The biggest matters require bespoke and innovative efficiency

When complex matters span many jurisdictions or triggers multiple proceedings, our bespoke case management platform ensures procedural compliance at all levels, across all jurisdictions, in every connected matter. This one portal enables clients and the team to easily and efficiently communicate and collaborate with each other, wherever they are in the world. One real-time dashboard for all task allocation, oversight, document/data management, and deadlines.

Our Electronic Cost Centre provides real-time data and information to help inform communication, especially at critical peaks in the matter lifecycle. Inclusive of all local counsel engaged on a matter, clients can see in an instant, the amount of work, at what level and on what aspect, has been recorded, invoiced and paid – the world over: one invoice for a global team of experts.

Insights

24 October 2024

Sustainability claims: managing regulatory and other risks as intolerance for greenwashing grows

Environmental, social and governance (ESG) initiatives are now critical drivers for companies – there is no getting around it. Companies often make significant ESG efforts. But when they wish to – or have to – communicate about these efforts, a growing web of regulations becomes relevant. This, coupled with increasingly active authorities who are on the look-out for greenwashing practices, means that it can be hard to establish what is, and what is not, allowed or required. Below, we will summarise the state of play and also look ahead.
24 July 2024

Restructuring mass damages claims: the WHOA and other collective action frameworks

In previous articles, we looked at several key aspects of the Dutch restructuring scheme (known as the "WHOA"), including: how the scheme operates; the ban on appealing lower court decisions; combining WHOA and US plans; and how the scheme works in practice. In other jurisdictions, insolvency proceedings similar to the WHOA are increasingly used to settle mass damages claims. A recent noteworthy example concerns Purdue Pharma, which initiated Chapter 11 proceedings to restructure its debts, consisting for a large part of mass damages claims arising from its role in the opioid crises. The WHOA may also have this potential to be used as an instrument to settle mass damages claims.
24 May 2024

De Brauw publishes third edition of "Unlocking the WAMCA"

All the latest developments around the WAMCA in one book, available to anyone who is interested.