Vigorously defending your interests before the relevant courts.
VK LAW LUXEMBOURG is a boutique law firm specializing in business litigation.
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Home > Areas of expertise > Business litigation
Business litigation
When disputes cannot be resolved amicably, our litigation expertise supports you at every stage to defend your interests, secure your rights and obtain an effective resolution in court.
Commercial litigation
Commercial litigation covers legal disputes arising from commercial transactions and contracts between companies or between individuals engaged in commercial activities.
Types of commercial litigation
We advise and represent our clients on the following issues in particular :
Disputes between business partners
Non-performance or poor performance of contracts
Wrongful termination of contracts
Fraud and unfair business practices
Debt collection and asset tracing
Recognition and enforcement of foreign judgments
Disputes relating to commercial leases
Unfair competition
Corporate litigation
Corporate litigation involves resolving disputes between a company (regardless of its legal form) and the entities or individuals directly involved in it. These disputes can arise throughout the life cycle of a company, from its creation and financing to its governance and dissolution.
Types of corporate litigation
We advise and represent our clients on the following issues, among others :
Disputes between shareholders
Disputes relating to the company's decision-making process
Disputes relating to the appointment and dismissal of directors and officers
Breach of fiduciary duties
Abuse of majority
Labor law disputes
Violation of corporate governance rules
Regulatory compliance issues
Post-merger and acquisition (M&A) litigation
Post-M&A litigation concerns legal disputes arising after the completion of a merger or acquisition, often related to breaches of warranties and representations, disagreements over deferred payments or price adjustments (like earn-outs or working capital adjustments), claims for fraud, or failures to meet performance targets.
Types of post-M&A litigation
We advise and represent our clients on the following issues in particular :
Enforcement of warranty and indemnification clauses
Deferred consideration and contingent payments (earn-outs)
Purchase price adjustments
Breach of contractual commitments
Fraudulent and unfair conduct
Investment fund litigation
Investment fund litigation concerns disputes relating to investment funds, including conflicts between investors, managers, and service providers. It involves strategic issues and cross-border challenges, particularly relating to the distribution of roles and responsibilities among all stakeholders in what is often a complex structure.
Types of investment fund litigation
We advise and represent our clients on the following issues in particular :
Disputes between investors
Liability actions against managers (GPs), directors, and service providers
Enforceability of side letters
Fraud and mismanagement of assets
Redemption issues
Shareholder rights
Valuation issues
Winding-up and dissolution of funds
Regulatory violations
Banking litigation
Banking litigation concerns legal disputes arising from banking and financial transactions, regulatory compliance, and related commercial issues. This area covers actions involving financial institutions, their clients, regulatory authorities, and third parties, and often deals with the intersection of civil law, commercial law, and regulatory law.
Types of banking litigation
We advise and represent our clients on the following issues, among others :
Bank's duty to inform
Litigation concerning credit facilities and repayment conditions
Liability in the event of fraudulent transfers
Seizures of bank accounts
Discretionary portfolio management
Enforcement of guarantees and securities
Debt collection
Regulatory and compliance disputes
Support in the context of debtor bankruptcy
Tax litigation
Tax litigation is often the final stage of a tax dispute, which generally begins with a tax audit or a simple request for information.
The tax litigation process involves several stages: tax audit or request for information, tax adjustment, complaint and mandatory administrative appeal, then, if necessary, legal proceedings before the Luxembourg administrative courts.
We can assist you throughout this process, ideally in collaboration with a tax advisor in charge of purely tax-related aspects.
Director liability litigation
Director liability litigation concerns legal actions brought by the company, shareholders, creditors, or third parties (including bankruptcy trustees, regulators, or tax authorities) against directors for violation of the law or articles, fraud, breach of duty, or mismanagement, with claims for damages or enforcement against the director personally.
Types of director liability litigation
We advise and represent our clients on the following issues in particular :
Breach of fiduciary duties
Legal or regulatory non-compliance
Mismanagement
Tax indemnity claims
Criminal offenses (misuse of company assets, embezzlement, fraud, breach of trust)
Action by the trustee after the company has been declared bankrupt
Summons for questioning (police, investigating judge)
Assistance during dawn raid
We also offer customized training on various topics related to executive liability and the implementation of good corporate governance.
Insolvency litigation
Insolvency litigation covers disputes arising from insolvency proceedings, focusing on the rights and obligations of creditors, debtors, and other stakeholders.
Types of insolvency litigation
We advise and represent our clients on the following issues in particular :
Enforcement of guarantees and preferential securities
Litigation related to the commencement of insolvency proceedings
Litigation concerning the verification and admission of claims
Disputes relating to the distribution of assets
Challenging the validity of transactions carried out prior to insolvency
Liability actions against directors or officers
Actions to recover assets seized during bankruptcy
Litigation related to the management of insolvency proceedings
Cross-border litigation (COMI, conflicts of jurisdiction, coordination of main and secondary proceedings)
We also offer customized training on various topics related to insolvency proceedings, steps to follow according to a well-defined schedule, executive liability, and risk anticipation methods, as well as best practice tools for implementing responsible and informed corporate governance.