Port & Trade Maritime Lawyers
Among other things, the lawyers of Leeman Verheijden Huntjens Advocaten assist clients with the conclusion of international commercial contracts and the realisation thereof. In addition to advice, we do of course also offer assistance in the event of contract disputes. Examples include quick attachment, preliminary relief proceedings, legal proceedings or international arbitration.
Commercial cases with international aspects are among the most complex cases brought before the court. And we know how to do it. Our lawyers have a name to uphold. With more than 25 years of experience in the field of international commercial law, a growing number of clients contact us with complex international matters in the field of documentary payments or the settlement of security rights.
Banks too rely on our lawyers with their sector-specific knowledge of the port and trade.
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More about Port & Trade Maritime Lawyers
The position of the SME entrepreneur as a creditor in a WHOA arrangement
On 1 January 2021, the Homologation Underhand Arrangement Act (WHOA) entered into force. This law introduced a new restructuring instrument. Its purpose is to prevent companies from being declared bankrupt while they are still (partially) viable. The statutory scheme includes a minimum protection for (smaller) SMEs. This is also referred to as the 20% rule. In this article I will explain the position of the SME as a creditor in a WHOA settlement.
Can a cash payment made after the bankruptcy date be reclaimed?
Recently, the Supreme Court issued an interesting judgment involving two important principles of bankruptcy law, namely the principle of fixation and the principle of paritas creditorum. The case concerned a situation in which, after the bankruptcy date, a cash payment was made from the bankrupt's bank account to a creditor. The central question was whether the trustee could recover the payment from the creditor. This article discusses the case, the relevant principles and the Supreme Court's opinion.
Surveillance in the (home) workplace: what is an employer allowed?
Previously we wrote an article about the rules for camera surveillance in the workplace. The need for employer monitoring exceeds - partly in view of the corona pandemic - the mere checking of the workplace with cameras. Employers also have a need to monitor employees' browsing habits, as well as the emails they send. And, of course, they want to prevent employees from spending hours Internet shopping and watching TV at the home workplace during working hours. But isn't monitoring this a violation of the employee's privacy, especially at the home workplace? In this article, we address that question. Is an employer allowed to use monitoring tools and what rules must the employer abide by during a monitoring. To form a clear picture, we will also discuss case law.
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