Jan Lilius
Jan Lilius
Jan heads our Insolvency practice in Helsinki. He has vast experience in matters relating to insolvency - such as administering bankruptcy estates and companies under restructuring proceedings - Jan has also litigated and arbitrated a number of cases relating to other types of business disputes, e.g. complex construction disputes. He regularly represents Finnish and foreign companies in arbitration proceedings conducted under the Finnish Arbitration Act and the Arbitration Rules of the Finland Chamber of Commerce.
Jan Lilius moves things forward in a process-like manner and knows how to use his team effectively.
Restructuring & Insolvency | Client Choice 2024
References
Parties
TRP Hungary (Buyer), Bankruptcy Estate of KymiRing Oy (Seller), The KymiRing motor track (Target)
Transaction
Counsel to TRP Hungary in the acquisition of the KymiRing motor track from the bankruptcy estate of KymiRing Oy.
Deal Value
Value not public
Role
Counsel to TRP Hungary
Hannes Snellman acted as counsel to NYAB Finland Oy in court proceedings to contest the termination of two construction contracts, relating to construction of a water treatment facility, where NYAB Finland Oy was the contractor and the City of Mikkeli was the employer. Mikkeli terminated the contracts mid-construction in March 2020. In December 2022, the Etelä-Savo District Court ruled that Mikkeli had no grounds for termination and awarded NYAB Finland Oy EUR 8.8 million (out of a claimed EUR 9.3 million) in damages, unpaid work, and costs, plus interest. Following the District Court ruling, the parties agreed on a settlement, whereby Mikkeli does not appeal and pays NYAB Finland Oy the sums awarded by the District Court plus interest up to a total of EUR 9.2 million.
Parties
The German State (Buyer), Fortum Oyj (Seller), Uniper SE (Target)
Transaction
Fortum Oyj’s arrangements related to stabilisation of its German subsidiary Uniper SE. The package will ensure multi-billion funding for Uniper, sale of Fortum’s shareholding in Uniper to the German State for approximately EUR 0.5 billion as well as repayment of Fortum’s EUR 4 billion receivables from Uniper and release of EUR 4 billion parent company guarantees.
Deal value
Approx. EUR 4.5 billion
Role
Finnish counsel to Fortum Oyj
Acted as Mash Group Oyj’s interim restructuring administrator.
Representing secured creditors in a landmark case against one of the largest Finnish bankruptcy estates regarding distribution of funds arising out of the sale of parcels of real property pledged to the secured creditors. The matter was resolved at the Supreme Court in the secured creditors’ favour.
Represented an Asian based company in a complex cross border arbitration proceedings against a Finnish company undergoing liquidation proceedings conducted under the Arbitration Rules of the Finland Chamber of Commerce.
Represented a major foreign bank in an insolvency related complex cross border dispute against foreign companies regarding enforcement of secured assets located in Finland in accordance with the Finnish Enforcement Act.
Acted as public receiver nominated by the Bankruptcy Ombudsman in the bankruptcy of Kromipinta.
Represented an international bank syndicate as a member of Creditors' Committee in an unique and complex cross border restructuring of a group of companies undergoing simultaneous restructuring proceedings in Finland and Sweden.
Acting as the supervisor for the observance of the restructuring programme of Finndomo Oy verified by the court.
Represented a Finnish bank in a series of litigation against a company and the owner of the company in connection with collection of receivables, bankruptcy filing and enforcement of court judgements.
Representing secured creditors as a member of Creditors' Committee in one of the largest ongoing bankruptcy proceedings in Finland.
Representing lessor creditors as a chairman of Creditors' Committee in one of the largest and most complex ongoing bankruptcy proceedings in Finland.
Assisted in administering the largest Finnish bankruptcy procedure in the 21st century concerning a bankruptcy estate with more than 10,000 creditors.
Represented a Finnish public company as the building owner against a contractor in a complex construction dispute before a District Court in Finland. The dispute concerned termination of a construction contract, various claims for damages, claims for reduction in the contract price, claims for additional payments on the basis of alleged plan modifications and several other topical issues regarding the application of the General Conditions for Building Contracts (YSE 1998). The proceedings included a six week hearing with over 50 witnesses and extensive presentations of highly technical evidence concerning e.g. the structural and architectural plans of the project.
Rankings
- Ranked by clients and peers among the highest-ranked lawyers in Restructuring & Insolvency (Finland), Who's Who Legal 2024
- “Jan Lilius is a very experienced restructuring and insolvency lawyer in both complex and international assignments.” Restructuring/Insolvency, Chambers Europe, 2024
- Ranked as exclusive winner of the 2024 Client Choice the Restructuring & Insolvency category in Finland. Clients have described Jan as follows: 'Lilius is a very experienced and networked lawyer.', 'Jan Lilius perfectly understands the customer's needs and communicates effectively and comprehensibly.', 'Jan Lilius moves things forward in a process-like manner and knows how to use his team effectively.', 'Jan Lilius knows the ins and outs of Finnish insolvency law and is in a leading position in the industry's international network, and is thus very well-connected and well-known.'
- "Jan Lilius is very service-minded and easy to work with. Jan Lilius is always accessible and provides solid and practical legal advice on complicated cross-border matters.", Restructuring/Insolvency, Chambers Europe, 2023
- Ranked as exclusive winner of the 2022 Client Choice Restructuring & Insolvency category in Finland
- "Jan Lilius has outstanding, and his work is highly professional", "We have been impressed of Jan’s customer-oriented way of working", "Jan has an outstanding capability to understand our business logic and what issues are relevant to us in different situations and he can provide guidance and proactive propositions how to proceed accordingly", "the service and material that we receive from Jan Lilius is of outstanding quality and always on time and as agreed. We truly feel we get value for our money", "Jan has extremely good communication and negotiation skills and remains highly professional and convincing even in difficult situations", "Jan Lilius has an attitude that advances problem-solving and promotes focusing in the most important and essential issues at hand. He is one of the best lawyers I have ever worked with." "Jan has a friendly but firm approach to taking matters forward, his vast knowledge and extensive networks we have always received a high standard of work", "Jan has an excellent ability to simplify complex issues, and to be straightforward but friendly about things", "Jan Lilius’s attention to the client's needs and wishes is excellent, and communication is smooth and natural", "we have really got our money's worth and Jan has become a familiar figure to our business managers. He and his insights are highly valued in our company", "Mr. Lilius is deep in the industry's networks and is well respected for his expertise and uncompromising professionalism", "Lilius' calm nature sends a message of competence and is apt to promote the resolution of issues", "Jan Lilius is one of the top leading experts in the development of Finnish insolvency law and benchmarking of international trends in the industry", Restructuring & Insolvency, Client Choice, 2022
- Recognised as Thought Leader in Restructuring & Insolvency in Who’s Who Legal 2022 Edition
- 'An interviewee comments that "he is prepared to push forward to protect his clients' interests when it is an uphill battle."', Restructuring/Insolvency, Chambers Europe, 2022
- 'Jan Lilius has "a good knowledge of the legislative framework," reports one source, adding: "He is very goal-oriented." He has extensive expertise assisting creditors with bankruptcy and restructuring proceedings. Clients say: "He can explain complicated legal issues to us well and give clear advice."', Restructuring/Insolvency, Chambers Europe, 2021
- Ranked among the world’s leading restructuring & insolvency lawyers in Who’s Who Legal 2021 Edition
- 'One client appreciates that he has "very good knowledge of bankruptcy and restructuring matters," adding that he is "very friendly and pleasant to co-operate with."', Restructuring/Insolvency, Chambers Europe 2020
- '"He doesn't only communicate the positive points but also the problems which we have to take into consideration," explains one impressed client, summarising that "He is very straightforward in dealing with matters."', Restructuring/Insolvency, Chambers Europe 2019
- 'Noted to be "an experienced insolvency lawyer who has a problem-solving approach to every matter." ', Restructuring/Insolvency, Chambers Europe 2018
- 'One client praises him as "very measured, very structured" and appreciates that he "came up with a good suggestion for an alternative solution."', Restructuring/Insolvency, Chambers Europe 2017
- 'Appreciated by clients who say, "even if there's a complication, he remains calm and deals with the problem. It's nice working with him." ', Restructuring/Insolvency, Chambers Europe 2016
- "Jan Lilius co-heads the firm's insolvency practice, advising on restructuring proceedings, bankruptcy cases and also contentious matters. 'He is precise and skilled and a great negotiator. He takes care of his clients and is very flexible,' report interviewees", Restructuring/Insolvency, Chambers Global 2015 and Chambers Europe 2015
- "Jan Lilius has a growing presence in the restructuring and insolvency market, having acted on large-scale cases across a range of industries recently. Clients appreciate his good negotiation skills and his 'helpful attitude and clear thinking' in complex insolvency assignments.", Restructuring/Insolvency, Chambers Global 2014
- Ranked among the best lawyers in the 2014, 2015, 2016 and 2017 editions (Helsinki: Arbitration and Mediation, Insolvency and Reorganization, Litigation) of Best Lawyers®
- 'His broad experience encompasses the administration of bankruptcy estates, and he also acts on construction litigation matters, representing domestic and foreign clients.', Restructuring/Insolvency, Chambers Global 2013 and Chambers Europe 2013
- 'Jan Lilius co-heads the department, is a capable litigator, and has vast experience in this area, advising companies under restructuring proceedings.', Restructuring/Insolvency, Chambers Global 2012
- Endorsed in Restructuring and Insolvency, Finland, PLC Which Lawyer? 2012
- Ranked in Restructuring/Insolvency, Chambers Europe 2011
- Recommended laywer in Restructuring/Insolvency, Chambers Global and Chambers Europe 2010
- PLCWhich Lawyer? Yearbook 2009 describes Jan as follows: "Head of the firm's insolvency team and excellent track record in complex insolvency litigation."
Memberships and Positions of Trust
- Vice President of the Finnish Insolvency Law Association, 2022-
- Country Coordinator, Finland, INSOL Europe, 2020
- Member of the Council of INSOL Europe, 2019
- Member of the Main Organizing Committee of INSOL International’s and INSOL Europe’s joint seminar in Stockholm, 2019
- Member of the Main Organizing Committee and speaker at INSOL International’s, INSOL Europe’s and FILA’s joint seminar in Helsinki, 2018
- Member of the Board of the Finnish Insolvency Law Association
- Member of the Finnish Bar Association
- Member of the Insolvency Law Expert Group of the Finnish Bar Association, 2010-2022
Education and Professional Background
- Specialist Partner, Hannes Snellman, 2020
- Counsel, Hannes Snellman, 2013
- Senior Associate, Hannes Snellman, 2005
- Associate Lawyer, Susiluoto Attorneys at Law, 1999
- Trained on the Bench, District Court of Raseborg, 1998
- Associate Lawyer, Väinö Äijälä Attorneys at Law, 1995
- Master of Laws, University of Helsinki, 1995