Marry de Gaay Fortman

Marry de Gaay Fortman

Advocaat | Partner

Practice Areas

Languages

Dutch
English

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Marry is involved in public-private regulatory matters, and specialises in public economic law and corporate governance. She is a trusted boardroom adviser. Marry's expertise ranges from research issues, advising on the effects of proposed legislation, regulatory aspects related to the regulatory authorities, the enforcement of existing laws, and conducting various proceedings. An example of her expertise is the leading role she played in the widely discussed liquidation of Vestia's €20 billion derivative portfolio.

  • recommendation people shaking hands
    "Heading the public law team, Marry de Gaay Fortman is an experienced practicioner, typically advising on regulatory issues for large private sector clients, elucidating their interactions with government institutions and regulatory bodies. Clients praise her 'great commercial awareness, effectiveness and cliënt service.' She acts for organisations such as the World Food Center and businesses such as McDonald's."
    Chambers Europe (2018 Edition)
  • recommendation people shaking hands
    "Clients praise her 'great commercial awareness, effectiveness and client service'."
    Chambers Europe, Public Law (2018 Edition)
  • recommendation people shaking hands
    Recommended
    Legal 500, Dispute Resolution: Mediation (2018 Edition)
  • recommendation people shaking hands
    Recommended
    Legal 500, Fraud and White-collar Crime (2018 Edition)
  • recommendation people shaking hands
    Recommended
    Legal 500, Healthcare and Life Sciences (2018 Edition)
  • recommendation people shaking hands
    "Clients enthuse that 'she is very communicative and very good on both public and political issues'."
    Chambers Europe, Public Law (2017 Edition)
  • recommendation people shaking hands
    Recommended
    Legal 500, Fraud and White-collar Crime (2017 Edition)
  • recommendation people shaking hands
    "Marry de Gaay Fortman is the name to note."
    Legal 500, Dispute resolution: Mediation (2017 Edition)
  • recommendation people shaking hands
    "Marry de Gaay Fortman is noted for her knowledge of economic public law, and her recent work in environment, planning and sustainability issues in the healthcare and public housing sectors. She also 'knows everybody, and has a really broad network,' according to clients."
    Chambers Europe, Public Law (2016 Edition)

Marry combines her legal work with non-executive director roles, including as a supervisory director for De Nederlandsche Bank and KLM. She is also the chair of the theatre production company Internationaal Theater Amsterdam. Marry has previously served as a supervisory director for Royal Haskoning DHV, GVB Amsterdam and the health insurer VGZ. In addition, she lectures on boardroom dynamics at the Governance University and organises Round Table meetings for supervisory directors, during which matters such as governance issues are addressed.

QUALIFICATIONS & EXPERIENCE

  • LL.M. Law (Vrije Universiteit Amsterdam)
  • Advising and representing Tata Steel, one of Europe's largest steel plants, on their most important environmental permits and enforcement procedures.
  • Advising and representing Jaarbeurs regarding the development of the largest cinema in the Netherlands at the Jaarbeurs complex in Utrecht.
  • Advising university medical centres in public tender procedures for IT and electronic medical files.
  • Advising G&S Vastgoed, the leading developer of the "Zuidas"-area in Amsterdam, regarding the new development plan "Ravel", which includes a mixed area of 10 acres at the Zuidas with houses, (sports) facilities, offices and retail.
  • Representing the Italian (veterinary) pharmaceutical company Innovet (part of Epitech Group) in patent litigation proceedings, relating to both validity and infringement of its patent relating to pharmaceutical compositions containing micronized compounds.
  • Advising and representing RAI Amsterdam regarding the zoning plan “Amsterdam RAI” which comprises the development of a large hotel and parking garage at the site of RAI Amsterdam.
  • Advising Leger des Heils on the settlement in relation to the material control performed by Achmea in which Achmea claimed that parts of the medical treatments were wrongfully charged.
  • Advising ONVZ Zorgverzekeraar on the transfer of certain care services to the Healthcare Insurance Act per 1 January 2015 and the negative financial impact of this transition (approximately € 8 million). ONVZ will demand compensation for loss resulting from administrative acts from the Ministry of Health, Welfare & Sport.
  • Advising Boer & Croon on the enforcement of the Executives' Pay (Standards) Act in relation to the placement of interim managers in healthcare institutions through the intermediary services of Boer & Croon.
  • Investigating the sale of land by a Dutch water authority (administrative body) to a private party and the involvement of the chairman of the water authority board. Based on our findings, we advised the water authority on the next steps with regard to publication, legal actions, and lessons learned. As a consequence the water authority adapted its internal line of communication and decision making.
  • Marry is part of the supervisory board of De Nederlandsche Bank since July 1 2016. Click here for more information on this appointment.
  • Advising Vestia, a Dutch housing corporation, on various complex regulatory aspects relating to the unwinding of its EUR 20 billion derivative portfolio.
  • Together with our financial law and restructuring experts we represented Green Real Estate, a subsidiary of a large Dutch retail family business Zeeman, on the negotiations between ROC Leiden, the Ministry of Education, Culture & Science, Bank Nederlandse Gemeenten (Dutch Municipal Bank, BNG), ID College en the Municipality of Leiden, regarding the restructuring of the contracts and financing of ROC Leiden that will be taken over by ID College.
  • Representing and providing litigation support to a housing corporation concerning a €2 billion settlement with a consortium of banks with respect to its derivative portfolio and subsequent litigation against banks, its former board and supervisory board and its former auditors. The team also conducts sensitive and complex investigations into the liability of a number of foreign banks, all regarding the unwinding of the derivatives portfolio.