THE UNKNOWN MAGIC SPELL, The EAPO Regulation as a cross-border debt collection tool
AI generated by DALL·E Written by Bas van Vliet and Yuan Groeneveld. When a debtor has money in a foreign account or a foreign debtor has a Dutch bank account, it can be difficult to secure your claim. The European Bank Seizure Order can offer a solution. But how exactly does this procedure work, and how does it relate to […]
Podcast episode with Marein Smits
In this episode, Marein Smits, M&A Lawyer of the Year 2024, partner and CEO of Wintertaling, shares her unique perspective on engagement and ownership at Wintertaling. Two years ago, she made everyone the owner of the law firm, leading to a transparent and collaborative way of working. Here are some highlights from the episode: 🔺 Engagement first: Marein emphasizes […]
Wintertaling – Software in M&A | A practical perspective
AI-Generated. With increasing digitalization and the rise of artificial intelligence (AI), we're seeing a growing number of companies developing software. Similarly, more and more organizations are using software as an integrated part of their products. During company acquisitions, it's crucial to determine who owns the software. The unhindered use of this software is […]
Legal Netlink Alliance 2024 Fall Meeting
Wintertaling is delighted to attend the Legal Netlink Alliance 2024 Fall Meeting in Greensboro, North Carolina, hosted by our esteemed colleagues at Carruthers & Roth. Wintertaling has been a member of this global network for two decades. We look forward to a program packed with insights from four top speakers from business, academia, […]
'I want employees to be seen and heard'
At Wintertaling, we believe in a work environment where freedom and connection are paramount. Three years ago, Marein Smits transformed Wintertaling into a place where everyone feels at home and equality is the norm. Every employee is a shareholder and has a voice. Click here for the full interview with BusinessWise. Photo: Marcel Bakker Photography
Penalty Clause in M&A | A practical look at practice
Written by Thédoor Melchers. In acquisition contracts, buyers often try to include a penalty clause. The penalty is then linked to failure to comply with agreements intended to protect the value of the company being transferred. These include agreements on confidentiality, competition, soliciting clients or employees, and similar provisions. The text of […]
W&I insurance for <25m transactions?
By Thom Schölvinck and Julien van Oosten. Warranty & Indemnity insurance (W&I insurance) is an instrument increasingly used in the Dutch M&A market. In 2023, only 41% of transactions under €25 million in Europe used W&I insurance (compared to 42.5% for larger transactions). Despite this, […]
Double interview Marein Smits (Wintertaling) and Arnold Mars (AFAS Software)
Marein Smits (60) is a lawyer and has been active in mergers and acquisitions for 25 years. Arnold Mars (42) is CFO of the family business AFAS Software. Fambizz spoke with them about norms and values, ownership, and compensation. Text: Dennis Mensink Wintertaling is a law firm in Amsterdam's Zuidas district that often gets things just right […]
Corporate Litigation Association findings: three years of WHOA in practice
By Sandra Frommelt, Tim Carapiet-Petit, and Tessa Visser. The speakers at the spring meeting of the Corporate Litigation Association last Monday, June 17, 2024, provided an update on the Act on the Approval of Private Compositions (WHOA). The WHOA was introduced within a short timeframe three years ago as a reorganization tool and has proven to be a valuable alternative to bankruptcy and […]
Adjustment of statutory dispute settlement procedure for shareholders
By Tessa Visser, attorney at Wintertaling. After a long wait, it's finally here: the Senate adopted the Bill amending the dispute resolution procedure and clarifying the admissibility requirements for the inquiry procedure (the "Wagevoe") on June 4, 2024. The planned changes can be explained as follows. The dispute resolution procedure includes the procedure for expelling a […]
