Stibbe
Stibbe moves up a tier this year. It is “right at the top for equity capital markets” says one competitor while others says Stibbe has “an outstanding equity capital markets practice, especially on the issuer side” and “a very good team for equity”....
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Stibbe moves up a tier this year. It is “right at the top for equity capital markets” says one competitor while others says Stibbe has “an outstanding equity capital markets practice, especially on the issuer side” and “a very good team for equity”. Derk Lemstra has the strongest market reputation but other practitioners are often recommended by commentators, among them equity lawyer Heleen Kersten and on the debt side Jaap Willeumier.
Although largely an M&A transaction, arguably the firm’s biggest role saw it advise NYSE Euronext Amsterdam (it has advised Euronext since its inception) on its combination with Deutsche Börse. The ongoing deal has an extensive capital markets component and due to the parties involved does much for the firm’s capital markets profile. Willeumier and team were handling the Dutch aspects working alongside Wachtell Lipton Rosen & Katz (on US law) and Milbank Tweed Hadley & McCloy (in Germany).
Lemstra almost secured the first healthcare IPO in Amsterdam since the start of crisis in 2008 advising Agendia, however was postponed in May 2010. With Rogier Raas, Lemstra had more luck, this time advising Morgan Stanley, Deutsche Bank Securities and Goldman Sachs as underwriters on the IPO of the Russian online search engine Yandex. Yandex listed on Nasdaq in May 2011 for $1.3 billion.
The deal above reflects the firm’s strong underwriter practice, which also saw Lemstra advise Morgan Stanley, Deutsche Bank and JPMorgan as underwriters on the equity issue through an accelerated book-build offering by Aegon. The deal raised €2.25 billion in February 2011 and will help Aegon refund securities provided by the Dutch state.
The firm won large equity mandates from NXP Semiconductors and Tornier but two debt deals are worth mentioning. In one, Gerhardt Vels, Hans Witteveen and Lemstra acted for Ziggo on a €1.2 billion senior unsecured notes issue due May 2018 and a placement of €750 million senior secured notes due 2017. In the second deal, Willeumier advised Enel on a Rule 144A/Reg S € 25 billion Global MTN programme listed on the Irish Stock Exchange.
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Leading lawyers
Heleen Kersten
Derk Lemstra
Stibbe
Stibbe maintains its position in the market. "They understand the business we do and the expectations we have so they can get the proper finance for us," says one client, with another adding: "they are dedicated, if I ask them a question I want a response within a day and they can do that"....
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Stibbe maintains its position in the market. "They understand the business we do and the expectations we have so they can get the proper finance for us," says one client, with another adding: "they are dedicated, if I ask them a question I want a response within a day and they can do that". Nevertheless financing and banking "is not really a key strength of Stibbe's," says a client.
Jaap Willeumier, "a very good technical lawyer" who "does what you ask him to do and when you ask him to do it" says a client, led on all of the big deals, often with senior associate Joannes de Bont supporting. Hans Witteveen leads the finance group in London. The firm acts more often on the borrower side and about a quarter of its resources are aimed to bank regulatory under Rogier Raas.
On the most standout deals saw the team advised TomTom, securing a forward start agreement on for a €250 million term facility and €150 million revolving facility to mature in 2016. In December 2010 the firm sealed another finance deal for Wavin, which comprised amendments, restatement of and a forward start facility agreement totalling €475 million.
In December 2010 Willeumier advised Marel on a €350 million refinancing agreement and troubled company Gamma Holding on three facilities totalling €295 million from a group of banks. The firm also acted in a real estate financing (and new money deal), advising NIBC Bank and a consortium of lenders on a €320 million loan to property fund Amvest.
On the regulatory side the firm continues to advise NYSE Euronext (it has been Euronext's counsel since its inception).
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Leading lawyers
Jaap Willeumier
Hans Witteveen
Stibbe
Stibbe moves up following solid market feedback and strong client endorsement. "Very pleased, precise, they meet deadlines, communicate well and they have good thinkers so certainly that brought added value," says one client....
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Stibbe moves up following solid market feedback and strong client endorsement. "Very pleased, precise, they meet deadlines, communicate well and they have good thinkers so certainly that brought added value," says one client. Feedback is mixed on its market position but peers say it is there on quality. Heleen Kersten had an especially strong year.
It is "a little more hands on than the global firms," says a client. The firm's history in the market is also a key to its success. "They all work together very well, tonnes of experience, vast corporate memory, very solid, very professional, very academic," says one global client, adding that "what distinguishes Stibbe is that they know us so well".
However, there are some minus marks. One client believes the firm reactive rather pre-emptive: "They wait for people to come to the office then give the best service... they could be more proactive and design tailor made information packs for clients, for instance".
The firm has advised Euronext since its inception and has continued to act for NYSE Euronext on its proposed $24 billion combination with Deutsche Börse. Wachtell Lipten, Rosen & Katz and Millbank Tweed are managing the case overseas with Stibbe handling Dutch aspects. The firm also assisted Unitas Capital, alongside global counsel Weil Gotshal & Manges, on the Dutch aspects of its €525 million acquisition of Hyva Holding from 3i Group.
As lead counsel, Stibbe advised Celesio on the merger of Lloyds Apotheken into Brocacef and joint-venture between Medco and Celesio. Gerhardt Vels, Fons Leijten Björn van der Klip, Hans Witteveen and Allard Metzelaar all led on transactions.
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Leading lawyers
Heleen Kersten
Allard Metzelaar
Gerhardt Vels
Stibbe
Stibbe keeps its place in the second tier this year. The firm has very solid presence in projects; "still good and focussing," says one competitor, who adds that the firm has "a very strong team in Belgium as well"....
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Stibbe keeps its place in the second tier this year. The firm has very solid presence in projects; "still good and focussing," says one competitor, who adds that the firm has "a very strong team in Belgium as well".
The firm won a new client in 2010 in Macquarie, which Joop Janssen and David Orobio de Castro advised together with consortium partner Heijmans to build, design and operate a new tramline in the city of Groningen. The €300 million project has a DBFM(design-build-finance-maintain) / PFI (private finance iniative) structure and is a first in the Netherlands for this sort of inner-city project.
The pair was also advising on a project due to close next July 2012, acting for Arcadis, Heijmans and Rebel Group consortium to design, construct and run a new National Military Museum for €70 million.
Heijmans again turned to Janssen and Orobio de Castro for support on a DBFM project for a new Supreme Court building. In a fourth significant mandate, the pair again acted for Heijmans in consortium with DIF, Volker Wessels and Fluor for €840 million expansion works to the A15. The project has a 25 year DBFM agreement and is one of the biggest projects in the Netherlands.
The project finance team also counts on head of energy Martin In de Braekt plus finance head lawyers Jaap Willeumier. Peers note that Orobio de Castro "often works in real estate related projects".
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Leading lawyers
David Orobio de Castro
Joop Janssen
Stibbe
Stibbe, unlike most of its peers, advises on restructurings and also takes court appointments to act as bankruptcy trustees. The firm is reputedly very strong on the litigation side and Toni van Hees in particular has a strong reputation in insolvency practice and for trustee work....
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Stibbe, unlike most of its peers, advises on restructurings and also takes court appointments to act as bankruptcy trustees. The firm is reputedly very strong on the litigation side and Toni van Hees in particular has a strong reputation in insolvency practice and for trustee work.
Some competitors criticise the firm for being "not the most practical firm to work with," however perhaps other firms have missed a trick as its mix of restructuring and trustee work is by and large seen as a very positive thing by clients.
In standout deals, Karen Harmsen and M&A partner Marius Josephus Jitta advised the UK administrators of the bankrupt Nortel Networks on the Dutch aspects of its ongoing global restructuring, while finance partner Jaap Willeumier and Harmsen as advisors to ATC Corporate Services in its capacity as security trustee to various securitisation programmes of BSB Bank on the bank's continuing bankruptcy procedure.
Harmsen and Rogier Raas were also busy in mid-2011 acting for two of the managing directors of Lehman Brothers Treasury, Lehman's Dutch subsidiary (and biggest subsidiary), on the vast insolvency procedures. Harmsen also worked with partner Duco de Boer to advise the Provincie of Noord-Holland, 22 other Dutch local authorities and a Dutch nuclear plant on priority creditors in the bankruptcy of Icelandic bank Landsbanki. The claims total €300 million.
One example of significant trustee work is Van Hees's appointment by the court on the bankruptcy of Indover Bank (Indonesische Overzeese Bank) and its winding up across five countries.
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Leading lawyers
Karen Harmsen
Toni van Hees
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