Marlies Siegers

Practice Areas

Corporate litigation

Career

2019- present: Partner Corporate Litigation DVDW Advocaten (law firm, 14 equity partners, 55 attorneys)

2015-2019: Partner and Founder Quint Legal (boutique corporate litigation law firm, 5 partners)

2001-2014: Senior Associate Loyens & Loeff, Corporate Litigation

1996-2000: Attorney Sandberg Advocaten, Commercial Litigation

Professional Memberships

Vereniging Corporate Litigation (Association for Corporate Litigation)

Nederlandse Vereniging voor Procesrecht (Dutch Association for Procedural Law)

Alliott Global Alliance (international alliance of independent professional firms)

Personal

My name is Marlies Siegers. I specialize in corporate litigation with a focus on directors’ and professional liability, shareholder disputes and deadlocks, international private law, fraud and complex proceedings. Tackling challenging cases has been my passion throughout a career spanning over 25 years, including a 14-year tenure at Loyens & Loeff, co-founding a boutique litigation firm, and subsequently expanding my practice at DVDW.

I thrive on managing major corporate and contractual disputes, as well as complex arbitrations. I believe a strong factual foundation is often decisive in any legal proceeding. By combining legal insight with creative strategies, I can secure significant advantages for my clients. Sometimes this means pursuing vigorous litigation; in other instances, a prudent settlement proves the best path—possibly after firmly establishing my client’s position in court.

Over the years, I have represented a wide range of clients, including states and state-owned entities, and I’ve drafted myriad procedural documents, with successful results. reinforcing my reputation as a lawyer who delivers. Colleagues both within and outside my firm know me for my steadfast quality and dedication.

Clients

My clients value their privacy highly. Therefore, no names, but a general description: my clients are states and state-owned companies, larger and medium-sized enterprises, shareholders, and directors/owner-managers and professional service providers. In addition, I regularly act for heirs in international (fraud) cases.

Work Highlights

Turning the Tide in Cross-Border Dispute

I represent clients who were both shareholders and heirs in a highly complex international dispute, spanning multiple jurisdictions. This case involved dissecting intricate legal relationships among heirs and various entities established across different countries. At the heart of my clients’ claims lay allegations of fraud and wrongful creditor detriment, perpetrated by multiple counterparties tied to their co-heir, who allegedly utilized these entities to conceal assets in various locations.

In the Dutch legal arena, I focused on tort and wrongful creditor detriment claims. I also coordinated a multi-jurisdictional legal team to address the various challenges of international law. I genuinely enjoy unravelling complex legal matters and devising strategies to address them effectively, and this matter highlighted the importance of a clear, cohesive approach in cross-border disputes.

Reclaiming a joint venture

I represented one of two shareholders in a joint venture within the real estate-healthcare sector. My client discovered fraudulent transactions carried out by the co-shareholder, prompting a deep review of the joint venture’s structure and agreements. A key provision in the shareholders’ agreement was a “shoot out” clause, which initially gave the opposing party an expanded winning bid in the event of a breakup. However, the transaction never went through, and the company—where my client served as a director—faced a serious risk of failure.

By developing a carefully orchestrated strategy and implementing it through summary proceedings, I helped my client secure a favourable outcome. As a result, my client ultimately gained full control of the joint venture. I take real satisfaction in working closely with clients to achieve their objectives, especially in challenging and high-pressure circumstances where shareholders are at odds.

High-Stakes Share Purchase Dispute

I took on a case that went before the Supreme Court of The Netherlands twice. The core issue revolved around the seller (the opposing party) of shares who had misled my client, the buyer, about the number of customers who had cancelled their contracts. As a result, a major dispute arose regarding the recalibration of the purchase price, which had been tied to the EBIT (Earnings Before Interest and Taxes) and a predetermined multiplier. My client sought a purchase price reduction to offset the disadvantage suffered due to the seller’s withholding of critical information.

The situation became more complex when the Court of Appeal determined that using the EBIT and multiplier as the basis for adjusting the purchase price was inappropriate. The court’s reasoning implied that the contractual terms themselves would impede any price adjustment. I successfully challenged this position at the Supreme Court, which agreed that the adjustment did not seek to alter the published financial accounts; rather, it aimed to address the underlying calculation foundation to counterbalance the misinformation’s impact. Furthermore, the Supreme Court affirmed that the contract did not prohibit such a recalibration, and it emphasized the judiciary’s authority to amend agreements under certain legal parameters.

Subsequently, the method the referred Court of Appeal chose to calculate my client’s disadvantage was again disputed, leading to a second victory at the Supreme Court. This outcome underscored the intricacies of determining financial implications based on both variable and fixed costs. By focusing on the legal and technical details, I helped ensure a thorough evaluation of my client’s position.

Successful Enforcement proceedings

I represented a client in a legal dispute where the primary issue revolved around enforcing a favourable Court of Appeal judgment that recognized my client’s claim, subsequently partially annulled by the Supreme Court, also in my client’s favour. The plaintiffs attempted to lift both execution and precautionary attachments, arguing that a reassessment of the awarded claim should lead to their reduction or dismissal. However, the court in summary proceedings, and subsequently two other courts, decisively upheld these attachments.

My approach contributed to a successful outcome. By pointing to the binding nature of the appellate court’s financial adjustments in light of partial cassation, I argued that the principle of reformatio in peius (preventing an appellant from ending up in a worse position) supported this position. Ultimately, the case highlighted the importance of delivering persuasive arguments, thorough analysis and a clear understanding of the relevant legal frameworks.

Industry Sector Expertise

My work as a corporate litigator has given me the opportunity to partner with clients across a broad spectrum of industries, each presenting distinct challenges and opportunities. Although I thoroughly enjoy applying my skills to a variety of matters, I have developed a particular passion for supporting family businesses, the healthcare sector, and business service providers.

Family Businesses

Family enterprises hold a special place in my practice. Navigating the complexities of multi-generational ownership and occasionally intense family dynamics requires both legal acumen and a sensitive approach. I’m dedicated to helping these businesses safeguard their long-term interests and foster cohesion, even in the midst of disagreements.

Healthcare

In the healthcare sector, the stakes are high, and regulations can be intricate. From disputes over compliance to conflicts related to joint ventures and governance, I find it rewarding to help clients maintain the delicate balance between delivering essential patient care and meeting operational goals.

Business Service Providers

Business service providers—such as consultancies, accountants, professional advisory firms, and other knowledge-based entities—operate in an environment where reputational and financial stakes are high. Their service-oriented nature makes them vulnerable to complex liability issues, while partner or shareholder disputes can compound these challenges. I also regularly act against professionals who, through mistakes or negligence, have become liable for damages. This combination of high stakes and multifaceted relationships underscores the need for robust legal guidance to navigate the intricate terrain of professional services litigation.

Expert in these Jurisdictions

The Netherlands

Languages Spoken

Dutch, English

Education