Belgium > EU regulatory
EU regulatory
Regulatory compliance continues to be a key part of legal services in Brussels. The introduction of the EU’s third package of energy legislation, growing environmental concerns and the increasing focus on tightly regulated financial markets have contributed to an uptick in mandates in this area.
Chemicals (REACH)
Chemicals (REACH)
Allen & Overy LLP remains the primary legal adviser to Procter & Gamble, with Gauthier van Thuyne handling matters including data sharing. The team also advises Monument Chemical, Koch and Cargill on REACH compliance.
Covington & Burling LLP fields some ‘true experts in the field’ of REACH, classification and labelling regulation. Cándido García Molyneux’s team of nine fee-earners has ‘an in-depth understanding of clients business needs’, and is ‘responsive in emergencies’.
Field Fisher Waterhouse fields an ‘outstanding’ team of three partners that focuses on REACH disputes, and the regulation of pesticides and biocides. A distinguishing feature of the practice is its product defence task force. The ‘customer-oriented’ Ruxandra Cana recently advised EDANA.
Hunton & Williams LLP’s specialist regulatory group helps clients strike a balance between the protection of IP and compliance with REACH disclosure. The team has been assisting two consortia of companies with substance registration.
Mayer Brown has the ‘energy and enterprise to determine difficult answers’. Jean-Philippe Montfort consistently demonstrates a ‘great deal of creativity’ and advises chemical producers as well as users such as Toys “R” Us.
Ursula Schliesner at McKenna Long & Aldridge LLP is ‘one of a limited number of true specialists’ in the field. In 2010, the team handled the REACH registration of styrene, ethyl benzene and several iron oxides for three consortia. Flavia Distefano joined K&L Gates LLP in late 2011.
Sidley Austin LLP has extensively advised the nickel industry on chemical regulations and the Nickel Institute is a major client. Key contact Kristina Nordlander also acted for Rio Tinto Minerals in General Court litigation concerning the substance authorisation.
Steptoe & Johnson LLP handles consortia management and disclosure matters, and is sole representative of a number of clients and an industry body. Anna Gergely has the rare ability to give clients ‘not only legal advice, but also a scientific interpretation’ of complex REACH matters. James Searles recently advised International Flavors & Fragrances Inc on compliance matters.
Van Bael & Bellis advises a number of major international clients (including Honda Motors) on REACH-related issues. The group continues to advise longstanding client Minerals Technologies on its role in REACH consortia. Reshad Forbes is ‘absolutely top notch with regard to both quality and responsiveness’.
White & Case LLP Avocats Advocaten assists a number of prominent chemicals companies and manufacturers with the development of compliance programmes. European Fertiliser Import Association remains a valuable client. Jacquelyn MacLennan heads the group.
Energy
Energy
Allen & Overy LLP has a ‘profound knowledge of the Belgian energy market’, and has recently been involved in a number of offshore grid and combined heat and power projects. Renewables is a notable area of expertise, and it advised C-Power on regulations pertaining to a wind farm. Elsewhere, it advised Tessenderlo Chemie on construction of a 420MW combined-cycle gas turbine power plant.
Dechert LLP’s Wim Vandenberghe has a wealth of experience in the regulation of fossil fuels and renewable energy. His team is advising a major electricity operator on cross-border inter-connectors and the effects of the third energy package.
David Broomhall’s energy group at Freshfields Bruckhaus Deringer has advised an impressive array of key industry players including ConocoPhillips, Fluxys and AES on the introduction of the third energy package as well as supply and delivery issues.
Gide Loyrette Nouel A.A.R.P.I.’s clients include Areva, Alstom and the Exeltium joint venture – it recently advised the latter on antitrust matters. Olivier Prost is the key contact.
Herbert Smith LLP is highly regarded for its nuclear energy expertise, but has also recently dealt with numerous natural gas matters for Nord Stream.
Lydian assists clients with regulations relating to energy supply and electricity trading, and attracts praise for the ‘high level of partner involvement’ and service with a ‘personal touch’. The ‘clear’ and ‘sensible’ David Haverbeke is recommended for his ‘no-nonsense approach’ and ‘in-depth knowledge of Belgian energy legislation’. Clients include KDE Energy, EGL and Colruyt.
McDermott Will & Emery Belgium LLP represents a number of institutional and private-sector clients on cross-border energy matters. Notable highlights included advising Portugal’s energy agency ADENE on the drafting of energy project legislation.
Norton Rose LLP advises Bilfinger Berger Power Services on public procurement and provides ongoing regulatory advice to RWE. Working closely with colleagues in Germany and the Czech Republic, the team recently advised a large gas storage operator on its pan-European strategy. Christian Filippitsch heads the group.
Stibbe’s standalone practice concentrates on renewable energy projects. Practice head Wouter Geldhof advised Enfinity on regulations pertaining to the Ikaros solar project; ENI on its acquisition of Nuon Belgium; and GE Energy and Storm Management regarding an onshore wind farm joint venture.
Environment (including WEEE and RoHS)
Environment (including WEEE and RoHS)
DLA Piper’s environmental regulatory group continues to advise PVCycle on the handling of photovoltaic modular waste, and has also been advising a raw materials group on waste shipping issues. The Flemish Region continues to instruct the group on a regular basis. Of counsel Geert Van Calster, an expert in environmental law, oversees the practice.
Field Fisher Waterhouse’s strengths are health and safety related regulatory advice, and particularly the prevention of pollution and land contamination. In 2011, the three-partner team acted successfully in a RoHs dispute. Ruxandra Cana is ‘terrific, smart and responsive’, and the ‘client-focused’ Koen Van Maldegem has an extensive network of contacts at the EC.
Hogan Lovells International LLP displays superb ‘subject-matter expertise’ and has the ‘broad skills base’ to consistently achieve ‘excellent results’ for its clients when handling RoHS questions and End of Life Vehicle compliance. Jacqueline Mailly is advising a semi-conductor producer on the potential effects of regulatory developments, and assisting with lobbying the EC for exemption of a particular substance.
Hunton & Williams LLP focuses on policy development and compliance for its electronics industry clients. The team is appreciated for its ‘excellent response times’ and ‘value for money’, and quality advice on the regulation of products (such as batteries) and damage to natural resources. The ‘very experienced and extremely knowledgeable’ Lucas Bergkamp has acted for the Electronic Industries Alliance and NRD Group.
Sidley Austin LLP represents key players in the nickel industry on environmental matters and recently advised ENRC on compliance issues arising from its climate change review. Unifrax is also a client. Kristina Nordlander and Maurits Lugard head the group.
Steptoe & Johnson LLP’s team attracts praise for its ‘extensive knowledge of chemistry’. Practice head Anna Gergely’s ‘excellent’ scientific background is a great asset. Her group represents prominent electronics manufacturers – including RICOH and Hitachi – on the WEEE and RoHS aspects of nanotechnology. Darren Abrahams and James Searles are the other names to note.
Stibbe’s ‘solutions-driven’ Brussels team provides a number of Belgian accredited organisations with ‘in-depth advice’ on the compliance with regional environmental legislation. Key clients include the Walloon Region and the Flemish Region. Lead lawyer Jan Bouckaert has a ‘large amount of experience in the sector’ and a ‘realistic, multidisciplinary approach’.
Van Bael & Bellis monitors environmental regulatory developments that might affect the products of its largely Asian clients, and the subsequent EU trade issues involved. Vastly experienced group leader Reshad Forbes is noted for his ‘precise analysis’ of the issues at hand. He recently acted for Kyocera Mita Europe and Canon Europe on WEEE and RoHS compliance issues.
Working in conjunction with the firm’s offices in Germany and Slovakia, White & Case LLP Avocats Advocaten advised longstanding client First Solar on regulatory developments that impacted on its solar panels manufacturing business. It also provided an environmental impact assessment for a nuclear power plant and advised component suppliers on the ELV Directive. Jacquelyn MacLennan is recommended.
Financial services
Financial services
Sylvia Kierszenbaum leads Allen & Overy LLP’s ‘excellent’ team of three, which handles banking and consumer regulation for financial institutions. This highly regarded group advises on counterparty risks; the distribution of complex financial products; and the passporting of the Undertakings for Collective Investment in Transferable Securities Directive. Citibank is a key client.
Cleary Gottlieb Steen & Hamilton LLP provides ‘outstanding service’ and is highly respected by EU authorities. Practice head Till Müller-Ibold and the team advise European banks including BNP Paribas and Dexia on state aid issues relating to recapitalisations and M&A. A busy year in 2011 saw the group advise Blackstone, Carlyle and several other prominent asset managers on the impact of the new Alternative Investment Fund Managers Directive (AIFM), an area in which James Modrall is ‘well versed’.
Clifford Chance advises trade associations and Belgian financial institutions on short-selling, licensing and clearing and settlement services. The team was recently instructed by a prominent international bank to assist with regulatory issues relating to downsizing of its Belgian arm.
Covington & Burling LLP’s outstanding regulatory group continues to represent blue-chip companies and institutional clients, and has recently advised a number of prominent private equity funds on the implications of the AIFM Directive. EU policy aficionado Wim van Velzen (a non-lawyer) leads the team.
Insurance specialist Christiaan Smits leads the regulatory and public affairs practice at Freshfields Bruckhaus Deringer. Areas of focus include securities regulation, the Solvency II Directive and cross-border trade in the financial services market.
Gide Loyrette Nouel A.A.R.P.I. has an aptitude for ‘fine-tuning’ the key elements of financial documents and the ability to provide a ‘high level of political advice’. It regularly advises NYSE Euronext on new EU regulations, and private equity bodies EVCA and EPER on execution of the AIFM Directive. Benoît Le Bret leads the group.
Steptoe & Johnson LLP’s Brussels practice serves members of the Swiss banking community, and recent years have seen it handle a number of novel issues for industry groups such as the Swiss Bankers Association. Ethias recently appointed the firm as a monitoring trustee – an EU first – following an EC state aid investigation. Jean Russotto is the key contact.
UBS recently instructed Stibbe to advise on its obligations under the Markets in Financial Instruments Directive in connection with investment and payment services. Other instructions included advising the Belgian pension funds of Cargill, ING and Carrefour on regulatory issues. Jan Peeters and Ivan Peeters are the names to note.
Food
Food
Beiten Burkhardt primarily represents German clients, and handles EU regulations surrounding food hygiene, traceability and labelling. Rainer Bierwagen is the key contact.
Covington & Burling LLP has become increasingly active in the food sector. Its reliable team ‘always provides excellent service’ and handles innovation claims and compliance for food producers. Peter Bogaert heads the practice.
Hogan Lovells International LLP assists several major European food producers with product recalls, ingredient labelling, and health claims. Practice head Jacqueline Mailly has a wealth of experience in the agri-food industry.
Mayer Brown is a frontrunner in food contact and packaging issues. Recently promoted counsel Sébastien Louvion advised a packaging manufacturer and a producer of bioplastics on various issues. Jean-Philippe Montfort heads the practice.
‘Service is excellent’ at McKenna Long & Aldridge LLP, where this consistently prompt team advises on novel foods, food contact and product marketing. Group leader Ursula Schliessner has an ‘outstanding knowledge of the food regulations’ and ‘always works hard to come up with a pragmatic, helpful solution’. Lycord is a valued client.
NautaDutilh represents major multinational food and beverages manufacturers, industry associations and interest groups in matters such as advice on food laws, advertising disputes, and issues over geographical indications. Florence Verhoestraete is the key partner in the team.
Displaying ‘real business acumen in the field’, Sidley Austin LLP is ‘excellent in all parameters’ of food regulation. Key areas of focus include health claims, food safety and the traceability of genetically modified organisms (GMO). Maurits Lugard, who shows a ‘true interest in clients’, recently acted as local counsel for Herbalife. Arnoud Willems recently advised chocolate producer Barry Callebaut.
Steptoe & Johnson LLP’s team shows ‘full knowledge in both legal and scientific areas’. Darren Abrahams handles GMO authorisations, and the highly respected Anna Gergely guides clients through compliance strategy development and food contact questions.
Van Bael & Bellis made a key hire when it recruited counsel Katia Merten-Lentz, an ‘expert on the legal and scientific aspects of food regulation’, from Gide Loyrette Nouel A.A.R.P.I.. Reshad Forbes is recommended for food safety matters.
Information technology
Information technology
Allen & Overy LLP has a solid track record of outsourcing in the cloud computing space and has been advising several life sciences and steel companies in that respect. Filip Van Elsen – an IP and TMT specialist – recently led advice to Amazon regarding its online services.
Recognised for ‘extraordinary business acumen’ and ‘top value for money’, Cleary Gottlieb Steen & Hamilton LLP handles regulatory matters for technology firms including IBM, Lexmark and Hynix. Robbert Snelders is ‘smart, practical and not afraid to take a position’ on the key matters. Maurits Dolmans shows an ‘outstanding knowledge of the IT industry – legally, economically and technically’. Dolmans divides his time between London and Brussels.
Experienced antitrust and technology lawyer Thomas Vinje is the key figure in Clifford Chance’s ‘excellent’ IT regulatory group. He recently acted for Amazon on regulatory matters pertaining to cloud computing, and advised eBay on mobile payment issues. ECIS, Netgear and Oracle are key clients.
Covington & Burling LLP’s reliable and dedicated team has a ‘very good understanding of clients’ needs’, consistently ‘manages a quick turnaround’, and provides ‘advice that is always spot on’. Hewlett-Packard and Verizon Communications are key clients of this 14-lawyer group, which also recently advised another prominent IT company on advertising and e-commerce. Damien Geradin heads the practice.
Stibbe has made a conscious effort to increase its standing in the cloud computing space. It continues to advise Microsoft on regulatory concerns and recently advised it on matters relating to its text-to-speech software. Tessenderlo Chemie and Infrabel are new clients. Practice head Erik Valgaeren is recommended for his ‘professionalism, client orientation and flexibility’.
Pharmaceuticals and biotechnology
Pharmaceuticals and biotechnology
Bird & Bird has developed a strong regulatory practice, which is adept at advising on issues as varied as advertising, clinical trials, and public procurement in the hospital sector. Marc Martens recently advised Pharma.be and GlaxoSmithKline separately on the use of human tissues and cells.
Covington & Burling LLP’s ‘top-quality’ team of ‘true experts’ represents major pharmaceuticals manufacturers, trade associations and biotechnology firms. Peter Bogaert combines ‘an understanding of clients’ businesses’ with an ‘eagerness to find solutions that work’. He recently advised several clients on EU directives on falsified medicines and cross-border healthcare.
Hogan Lovells International LLP demonstrates ‘excellent insight into the regulatory framework and the complicated issues’ at hand. The group guides pharmaceuticals and medical devices companies through the product lifecycle. Other areas of focus include clinical trail agreements and pharmacovigilance. Medical devices expert Elisabethann Wright heads the team.
McDermott Will & Emery Belgium LLP advises pharmaceuticals and biotechnology companies including Bristol-Myers Squibb and Amgen on issues such as product recalls, labelling and good manufacturing practice.
Sidley Austin LLP added significant weight to its practice by recruiting Maarten Meulenbelt from Howrey LLP. He brought to the practice a number of prominent pharmaceuticals clients and a wealth of experience in the life sciences sector. Regulation of GMOs, clinical trials and medical devices are areas of focus for the team.
Squire Sanders LLP advises pharmaceuticals companies on regulations relating to transactions. Cristiana Spontoni is an expert in clinical trials and pre-market authorisation.
Stibbe has been increasingly active in the field of clinical trials of biotechnology products and advertising issues, and has a strong background in litigation. The team recently advised UPS on the storage of pharmaceuticals.
Van Bael & Bellis represents pharmaceuticals companies and healthcare clients in health claims and advertising matters. Clients appreciate the team’s ‘quick response times’ and ‘visibility in industry associations’. Group head Peter L’Ecluse is ‘very professional’.
White & Case LLP Avocats Advocaten advises leading pharmaceuticals manufacturers on anti-counterfeiting, fast-track licensing, and the implications of the Transparency Directive. It represented Abbott Laboratories in winning a parallel import dispute with Greek pharmaceuticals companies. GlaxoSmithKline and Pfizer are regular clients.
Privacy and data protection
Privacy and data protection
Allen & Overy LLP advises major corporates and commercial banks on data risk and privacy enforcement. The group recently acted for a leading confectionery producer on pre-trial discovery disclosure and also guided a financial services client through a data protection investigation. Geert Glas and Filip Van Elsen are the names to note.
Bird & Bird handles privacy cases with a cross-border element, utilising its broad network of offices, and is praised for its proactive approach and ‘quick response times’. It strives to provide ‘feasible advice based on a realistic assessment, in order to achieve the least damaging result for the organisation’. Catherine Erkelens is recommended.
Covington & Burling LLP is renowned for ‘high-level regulatory advice’ on data protection. Henriette Tielemans is highly recommended for privacy audits, breach notifications and technology-related matters.
Hunton & Williams LLP’s key focus is on binding corporate rules. It also has a record of producing ‘excellent results’ on data protection issues for new media firms. Christopher Kuner left the firm in March 2012.
Lorenz is ‘top notch’ when it comes to complex EU data privacy problems, and provides ‘prompt assistance’ and ‘practical, risk-assessed advice’. The team advises Fortune 100 and 500 companies on access requests and e-discovery. Practice head Jan Dhont is ‘professional and concise’.
Erik Valgaeren heads Stibbe’s ‘responsive and practical’ group, which recently advised UPS on archiving systems and data transfer and helped devise an international data compliance programme for Mozilla Corporation. Google instructed the group to act in a privacy investigation.
Van Bael & Bellis advises Air Berlin on data transfer and routine data protection matters. Other areas of specialism include whistleblowing and the ePrivacy Directive. Lead partner Monika Kuschewsky has a wealth of knowledge on US data privacy law.
Telecoms
Telecoms
Cleary Gottlieb Steen & Hamilton LLP is ‘one of the few firms that offers an integrated service for both EU and domestic regulatory telecoms matters’. The ‘outstanding’ Maurits Dolmans recently acted for the Fixed-Mobile Convergence Alliance (FMCA) and Icera. Other members of the team advised Nokia and Telefonica O2 Czech Republic on antitrust and other regulatory issues.
Freshfields Bruckhaus Deringer handles a range of regulatory matters including competition law advice. Laurent Garzaniti recently acted for Abertis Telecom in a state aid investigation.
Hogan Lovells International LLP’s team of EU regulatory experts commands respect for ‘unique, high quality, broad-based skills’ and ‘excellent subject matter expertise’. The team, which is considered to be ‘one of the best in Brussels on matters affecting the satellite sector’, also advised Vodafone on radio spectrum issues. Gerry Oberst is ‘patient’, ‘bright’, and ‘very experienced in the telecoms arena’.
Jones Day’s talented and professional team is unafraid to ‘challenge the status quo and walk the extra mile for clients’. ‘Dean of telecoms’ Bernard Amory provides ongoing regulatory advice to Deutsche Telekom, GSM Association and Bouygues Telecom. Practice head Alexandre Verheyden represents BT and Oni Communications. Amory and Verheyden ‘translate their clients’ strategies and needs into concrete legal action’.
Dirk Van Liedekerke, managing partner of Olswang’s Belgian office, is highly regarded for his regulatory advice, particularly concerning e-communications. He handles regulatory complaints and other disputes for clients.
White & Case LLP Avocats Advocaten’s regulatory practice mixes high-end litigation mandates with transactional work for telephone service providers, IT groups and satellite operator OverHorizon. Communications and media group head Rolf Olofsson leads on regulatory work.
Transport
Transport
Bird & Bird is well respected for aviation and aerospace regulatory advice and represents the European Space Agency on an ongoing basis regarding the European Commission’s Single European Sky initiative. It also acts for the Association of Belgian Airlines Associaction (ABBA) and new client Menzies Aviation. Catherine Erkelens heads the team.
Freshfields Bruckhaus Deringer has attracted numerous regulatory mandates, including antitrust issues in the aviation sector. Thomas Janssens recently advised Brussels Airport Company on the anticipated introduction of new airport tariffs. The group also advised Germany’s Federal Ministry of Transport, Building and Urban Development on the compatibility of its heavy goods vehicle charges with EU regulations.
Gide Loyrette Nouel A.A.R.P.I. works in tandem with its highly regarded Paris office to advise the French rail incumbent SNCF on matters including the First Railway Package. The team also recently won new instructions from Louis Dreyfus Armateurs DFDS. Benoît Le Bret heads the practice.
Hogan Lovells International LLP’s transport group is recognised for its air and rail expertise and shows ‘commercial practicality on the difficult questions’. Alstom and Korean Air are key clients. Jacques Derenne advises airlines on EU safety regulations and the Open Skies agreement. The team recruited Paris Anestis from Howrey LLP, and he brought with him strong connections to the Greek government and many publicly owned companies.
Norton Rose LLP advises on aviation and maritime regulation, particularly in the context of antitrust law. Team head Michael Jürgen Werner acts for global airlines, aviation insurers and government ministries.
‘Very strong in aviation’, WilmerHale advises airline operators, alliances and trade associations on complex regulatory problems. The team has previously advised the EC on European air space matters.