Marjon E.C. Lok

Practice Areas

Corporate Litigation & Dispute Resolution

Preventing, repairing & litigating disputes involving financially distressed and healthy companies, shareholders, investors, executive and non-executive directors. Complex domestic and cross-border business dispute resolution and litigation (Enterprise Chamber, district courts, courts of appeal and arbitration), legal advice on corporate governance and settlement negotiations.

Crisis and risk management in case of (threatening) financial distress, with a focus on director, shareholder and officer liability in and outside of insolvency. Special interest in companies in healthcare, pharma, (life) science and biotech.

Career

DVDW Advocaten

July 2014 – Present

Attorney at law

Partner since January 2016

Museum Huis van het Boek

Member of the supervisory board

July 2024 - Present

Lecturer Law@Work

Lecturer (engaged by law firms)

January 2017 - Present

NACILL: Netherlands Association of Comparative and International Insolvency Law (NVRII)

Board member

November 2014- December 2024

Isai Ma(i)yam (foundation helping children in need)

Board member

November 2014 – March 2020

Baker & McKenzie Amsterdam

Junior associate, mid level associate and senior associate

October 2005- June 2014

Professional Memberships

• Vereniging Corporate Litigation – Nation Association for Corporate Litigation

• INSOLAD – National Association Insolvency Specialists

• NACILL/NVRII - Netherlands Association of Comparative and International Insolvency Law

• INSOL Europe – European Insolvency Association

• IBA – International Bar Association

• Nederlandse Vereniging voor Procesrecht – Dutch Association for Procedural Law

Publications

• 2025: Upcoming publication in Annual Corporate Litigation publication by the Association for Corporate Litigation: chapter on the WHOA (Dutch Scheme) and Enterprise Chamber.

• 2024: article: Emergency Financing: what to do in case of an urgent liquidity need and a uncooperative shareholder, magazine made in joint collaboration with Beaufort Transformations and Transactions.

• 2024: chapter: Legal treasure hunt: When do shareholders have claims against the company in case of misleading financial reporting, Kluwer - In debat met Van Andel 2024/18.

• 2023: annotation: JOR 2023/276 on the Vroon WHOA - limitation of shareholder (voting) rights during WHOA (Dutch scheme) restructuring and the extent to which insolvency judges may infringe on powers under company law.

• 2023: article: Shareholders: End Game. Involuntary dilution or transfer of shares in times of financial distress), TvI (Magazine for Insolvency law). This was the most read article of the TvI in 2023.

• 2023: annotation: JOR 2023/159 on case law re the Dutch Scheme: when are you too late to use the Dutch Scheme?

• 2022: article: Going Dutch - a brief legal guide to doing business in The Netherlands, A Academie voor de Rechtspraktijk. This legal guide provides an anthology of practical legal aspects of doing business in the Netherlands.

• 2022: article: WHOA! Experiences with a new restructuring tool (the Dutch Scheme)WHOA! Experiences with a new restructuring tool (the Dutch Scheme), Academie voor de rechtspraktijk.

• 2022: article: Shareholder disputes in Dutch legal entities (with musical accompaniment), Academie voor de Rechtspraktijk. A bird's eye view of some of the instruments available to shareholders in Dutch entitites in the event of corporate disputes.

• 2022: article: "Dat overkomst ons niet!" (That will not happen to us!) - Magazine Corporate Dispute Resolution, Academie voor de Rechtspraktijk, Navigating between temptations and pitfalls. An anthology of (solutions to) disputes that we encounter in practice.

• 2021: 10 contributions: "100 cases of most importance in corporate law", Academie voor de Rechtspraktijk.

• 2020: interview: Interview containing tips and tricks regarding governance disputes and disrupted corporate relationships, Academie voor de Rechtspraktijk.

• 2020: article: Forcing a shareholder to transfer shares (Gedwongen aandelenoverdracht: moeten is dwang en huilen is kindergezang), Academie voor de Rechtspraktijk.

Links to most publications can be found at: https://www.linkedin.com/in/marjonlok/

Personal

Marjon stands out as a highly adept and skilled litigator with extensive knowledge of both corporate law and insolvency law. Marjon uses that unique perspective when severe financial distress is on the horizon or already present. Before joining DVDW in 2014 she gained 9 years of (international) experience at Baker & McKenzie Amsterdam.

Over the last two decades, Marjon Lok has become an established name in corporate litigation and insolvency/restructuring as an exceptional lawyer. Her achievements include a series of wins in noteworthy cases, reflecting her adept handling of intricate shareholder and governance disputes. This success has not only solidified her reputation among her peers but also among her clients, with whom she has formed enduring partnerships over the years. A trusted advisor and partner in navigating legal challenges.

Her love for international aspects undoubtedly come from having spent the ages 11 through to 18 in England and obtaining GCSE’s and A-levels there.

Marjon has broadened her horizons by actively participating in boards of both legal (NACILL and as lecturer) and non-legal nature, such as the Isai Ma(i)yam: foundation that helps children in need in South East India. She is currently a member of the supervisory board of a museum: Het Huis van het Boek. She has also helped out start-ups and scale ups over the last four years, through the Unlock_Incubation program at the Leiden Bio Science Park, as a guest lecturer on corporate structures and dealing with investors.

Marjon loves to write and publish academic papers and articles and does so regularly. She also speaks at meetings for specialist associations, most recently on 17 June 2024 for a combined meeting of the Association for Corporate Litigation (VCL) , the Insolvency Association (INSOLAD) and the Association for Restructuring (NVvH). In addition she is a lecturer for different law firms through Law@work (providing three hour lectures on shareholder aspects). ·

LinkedIn: https://www.linkedin.com/in/marjonlok/

Clients

Clients (max 1.500 words)

Marjon represents (minority and majority) shareholders, (supervisory and executive) boards, CEO’s, holding companies, joint ventures, international corporations, depository receipt holders, investors, funds, bankruptcy trustees and family businesses.

Recent clients include:

- Private equity as majority shareholder

- 42 holders of depository receipts in one group

- Companies and (international) investors active in healthcare, life science, biotech, pharma, tech and (other) science.

- The board of a crypto currency foundation

- The board of a foundation which manages substantial assets formerly belonging to a legal entity

- Bankruptcy trustees

- An investment fund

Work Highlights

Recent cases:

- Representing 42 holders of depository receipts in a large scale dispute involving the new dispute mechanism (law implemented on 1 January 2025), involving requests to force a sale and acceptance of shares, proceedings before the Enterprise Chamber;

- Representing the board of a crypto currency foundation in a dispute with (now former) board members, in main proceedings and summary proceedings, involving proceedings and press management;

- Representing the bankruptcy trustee of a bankrupt management and investment Company in a dispute with the former board and depository receipt holders regarding the repurchasing of depository receipts by the company prior to bankruptcy, leaving the company with significant debts in view of a potential substantial claim by a third party. Regards capital protection rules: a capital protection breach resulted in a deficit of millions.

.

- Representing the board of a foundation to which substantial assets belonging to a former legal entity have been transferred, in a dispute with a external party claiming to have rights to these assets and to undermining internal board resolutions, before court and in appeal.

- Representing the board and one shareholder in a shareholders dispute against the former owner and current shareholder involving a claim for forced share transfer and several claims related to management fees, repayment of loans, as well as claims regarding the corporate decision-making process.

- Representing in one case the company and in another case the board and several shareholders regarding disputes concerning information rights of the individual (minority) shareholder and depository receipt holders and policy regarding dividends, before the Enterprise Chamber.

- Representing companies and shareholders in forced dilution/transfer of shares- and squeeze-out proceedings;

Industry Sector Expertise

Marjon has significant expertise in the sector healthcare, life sciences, biotech, pharma, tech and (other) sciences. She has acted for many healthcare, life sciences, biotech, pharma, tech and (other) science companies in corporate governance disputes over the years, as well as for investors in that sector and for individual (supervisory/executive) board members or entire boards. She has helped out start-ups and scale ups over the last four years in that sector, through the Unlock_Incubation program at the Leiden Bio Science Park, as a guest lecturer on corporate structures and dealing with investors. She is also setting up a start-up/scale-up desk at DVDW specifically for that sector, together with her employment and M&A colleagues.

Expert in these Jurisdictions

The Netherlands, Europe

DVDW is a member of Alliot Global Alliance.

Languages Spoken

Dutch (fluent)

English (fluent)

French (basic)

Spanish (basic)