Arendt & Medernach's broad expertise runs the gamut from large-scale digitalisation projects and the IP due diligence associated with M&A mandates handled by the firm, through to advice on the commercialisation of IPR and unfair competition and product regulation. Data protection-related work remains a key driver for the practice, and aided by practitioners within the Arendt Regulatory and Consulting group (which bridges the gap between legal advice and its practical implementation), the firm has effectively been able to implement robust compliance procedures for clients. Co-headed by Sophie Wagner-Chartier and Astrid Wagner, the team has also been advising clients on IP/IT-related issues/challenges in the aftermath of the Covid-19 pandemic, including in relation to the admissibility of electronically signed documents and the heightened potential data protection exposure as a result of increased levels of at home working.
IP and IT in Luxembourg
Sophie Wagner-Chartier; Astrid Wagner
‘The team provides straightforward and responsive advice, keeping even short term deadlines.’
Made in Space
European Investment Bank
- Acting for a Luxembourg-based bank (which is part of a large international banking group) in the course of litigation initiated by one of its former clients who objected to the transfer of his personal data to the US in the context of an investigation by the US Department of Justice.
- Advised the Luxembourg entity of a Japanese bank and financial services company with respect to the legal aspects of appointing a custody solutions provider. The result of the deal is the transfer of approximately $600bn of assets onto the provider’s platform.
- Assisting various clients on their global digital transformation projects.
'A leader in this field', niche IP/IT firm C law provides 'impeccable advice' to clients, ranging from start-ups to multinational corporates and financial services heavyweights, across the full spectrum of their needs, including on IP protection and licensing, IT outsourcing and data privacy matters. With four partners active across all aspects of the IP/IT firmament, it has the ability to offer a partner-led service and consequently excels in ensuring clients are well-served, both from a purely legal as well as practical perspective. Recommended partners include the 'outstanding' Claire Leonelli and Cyril Pierre-Beausse, for data protection and IT outsourcing work, in particular. At associate level, the 'dedicated and committed' Claire Denoual is also recommended.
Other key lawyers:
Cyril Pierre-Beausse; Claire Leonelli; Elisabeth Guissart; Raymond Faber; Claire Denoual
‘C Law is a small, niche law firm only focusing on IP, IT and data privacy. The team is very professional, has in-depth knowledge of the matters and is very responsive.’
‘It is a leader in the field, is very reactive and provides very high level of skills and concrete advice.’
‘The team has shown incredible responsiveness throughout the mission they were assigned to. To match this, they were equally quick to comprehend every single request, and tackle it with a strong sense of pragmatism, whilst delivering impeccable advice.’
‘Claire Leonelli is an outstanding legal expert in IT. Claire gets to the bottom of things and no open ends are left in the legal strategy she develops for the client.’
‘We have worked with Elisabeth Guissart and Claire Denoual – they both exemplify the qualities of an outstanding lawyer: dedication, commitment, expertise and knowledge of the industry, proactivity, good follow-up and overall top-of-the-class deliveries. More than that, their respective personalities make every interaction very pleasant, yet professional and constructive.’
Although still in its infancy, DLA Piper's IP/IT team has hit-the-ground-running since its establishment in 2018, picking up a raft of major data protection-related projects for financial services clients, as well as handling an increased flow of broader IP-related mandates for standalone and institutional clients of the firm. The 'very knowledgeable' Olivier Reisch is particularly noted for his data protection and privacy expertise, as well as his work on complex IT outsourcing matters. Counsel David Alexandre is the other main practitioner within the group and as well as aiding Reisch on data protection matters, is also 'highly knowledgeable on IP litigation and prosecution', including advising French clients on trade mark matters. Clients also benefit from the team's ability to work closely with colleagues from across its international network on large multi-jurisdictional projects.
Other key lawyers:
‘The team at DLA Piper is very passionate about their work! They want to help the customer first and then propose the right solutions according to the problems you face.’
‘The firm displays a very practical and cost-oriented approach within a very good organisation and network.’
‘Olivier Reisch is very knowledgeable and is able to address the queries from a very diversified audience in a simple and efficient manner which helps to solve lots of issues.’
‘David Alexandre’s talents in co-ordinating diverse counsel around the world ensured that we had a homogeneous top-quality experience, even in exotic jurisdictions. We relied on his experience and practicality to suggest winning overall strategies on a complex playing field.’
‘David Alexandre is highly knowledgeable on IP litigation and prosecution. We faced some issues that stressed us a lot and he was calm and encouraging to find an easy and efficient solution.’
‘David Alexandre has solid experience in trade mark law.’
Paragon Customer Communications
Middle Game Ventures
ATR (aircraft manufacturer – a subsidiary of AIRBUS)
- Advised ATR (a subsidiary of AIRBUS) on the global management of its trade mark portfolio, including strategic advice on the protection, enforcement and defence of its global brand.
- Represented Nintendo on enforcement matters in relation to its Pokémon brand and copyright.
- Advised Teqball (a new sport federation) in securing IP protection globally on specific sport equipment, providing tailor made advice in various jurisdictions around the globe.
Elvinger Hoss Prussen provides 'sound and strategically important legal advice' across a range of contentious and non-contentious IP and IT-related matters. Gary Cywie regularly advises financial services clients on IT outsourcing projects, as well as handling data protection mandates and a range of regulatory and commercial work for fintech clients. Although she is primarily focused on corporate and banking work, Linda Funck regularly advises financial sponsors and banks on ICT and data protection work and co-heads the team alongside Cywie.
Linda Funck; Gary Cywie
Other key lawyers:
Emmanuèle de Dampierre
‘What made them standout to their competitors, was their immediate understanding of the complexities of the project, its implications and risks, and visualizing it in the national context.’
‘The main quality I appreciate is engagement. The team thinks through the problem or question and proactively comes back asking for more information, in order to understand the bigger picture. The second point is that feedback is explanatory, allowing me to understand the legal position/advice, as well as to act independently, having understood potential pitfalls.’
‘The team is very well-informed, smart and thorough.’
‘This practice is a one-of-a-kind, exceptionally integrated national law firm offering the quality work of a top-tier international law firm. Key strengths are sound and strategically important legal advice adapted to the local specificities, adaptability and availability.’
‘Gary Cywie quickly understood the intricacies of the subject matter.’
Swiss Life (Luxembourg)
Losch Services S.à r.l.
Comité Olympique et Sportif Luxembourgeois
Advanzia Bank S.A.
La Mondiale Europartner
Robert Koch- Institu
- Assisted a young start-up that pursues the development of innovative solutions to climate change challenges and that has developed, in particular, a mobile application that allows users to offset their carbon footprint by taking pictures of trees and scanning them. Work on this included advice on data protection and the protection of its IPR.
- Advising the Luxembourg affiliate of a leading investor services group in relation to the implementation of electronic signatures.
- Assisted Swiss Life Group with the contractual aspects of various IT-related projects while looking at the specific legal and regulatory requirement such projects entail for insurance firms.
Praised for its 'problem-solving attitude and pragmatic approach', NautaDutilh's five-strong IP and tech law team has versatile expertise across contentious and non-contentious trade mark, copyright and patent matters (including on the commercialisation of IPR), as well as on data protection and outsourcing projects. Team head Vincent Wellens takes the lead on many of the most significant mandates, including in relation to telecoms and media regulatory matters.
Other key lawyers:
Carmen Schellekens; Lindsay Korytko
‘Deals with high-level cases and matters.’
‘The team displays a problem-solving attitude and pragmatic approach.’
Johnson & Johnson
Luxembourg State (CTIE) Luxembourg State (Ministry of Defence and Ministry for Interior security)
Royal Bank of Canada
- Assists the Luxembourg Ministry of Defence in the context of its LUXEOSys satellite programme which entails the construction and operation of a satellite for the taking of precise images for defence and security purposes.
- Defends M7 Group, which has recently been acquired by Canal+, in infringement proceedings brought by SKY before the Luxembourg courts for the use of the name “skylink” in the Czech Republic and Slovakia. M7 Group won in first instance before the Luxembourg District Court. The appeal procedure is pending.
- Negotiated and advised several major multinationals on the hosting of critical applications and systems in the Amazon Web Services cloud.
Allen & Overy Luxembourg
Now headed by 'thorough and flexible' counsel Catherine Di Lorenzo , following the departure in November 2020 of Katia Manhaeve, Allen & Overy Luxembourg's five-strong team provides 'detailed and comprehensive advice' to the firm's impressive roster of financial services clients, in particular, across a range of issues, including data protection matters and IT outsourcing. Lauded for her ability to provide 'business-focused and comprehensive advice', Di Lorenzo has been pivotal to the firm's work in the data protection space and as well as regularly advising on compliance mandates (for example ensuring that robust measures are in place for GDPR purposes), she is also able to assist companies in their dealings with the relevant authorities, in the event of any potential data breach. Drawing on regulatory, IP, banking and corporate expertise from across the firm's broader practice area strengths, the firm's multi-disciplinary fintech group is also a key resource to both start-ups and established institutions seeking to navigate the complex regulatory and legal challenges in the sector.
Catherine Di Lorenzo
Other key lawyers:
Izabela Dutkiewicz; Barbara Azoulay; Paul Wagner
‘The firm provides pragmatic advice with quick turnaround times.’
‘The firm provides detailed and comprehensive advice, and is very familiar with the technology sector in Luxembourg.’
‘Flexible and fast working, industry and local knowledge.’
‘A strong commitment and a sound organisation and co-operation between specialised teams, enabling for quick and high-quality deliverables.’
‘Catherine Di Lorenzo has been particularly helpful and reactive to our requests for advice and regulatory guidance.’
‘Catherine Di Lorenzo is a star. Her advice is consistently business-focused and comprehensive, even in novel and innovative areas. It is a pleasure to work with her.’
‘Catherine Di Lorenzo is both thorough, quick and flexible to work with. She has good industry knowledge.’
DECKER & BRAUN
LG Avocats has developed a strong reputation advising financial services entities, multinational corporates and start-ups across a range of IT and IP-related matters, as well as also proving a popular choice for international law firms, by dint of its independent status. Team head Hervé Wolff takes the lead on the most significant work handled by the team, including on IT outsourcing and data privacy mandates, as well as telecoms-related matters.
- Advised an asset management company on its GDPR compliance project and transfer of data.
- Advised a leading technology company providing a cloud platform for video and audio conferencing, on its telecoms regulatory obligations and representation before the regulatory authority.
- Advised a multi-jurisdictional law firm establishing in Luxembourg, on a review of its privacy documentation.
The 'extremely diligent' team at MOLITOR Avocats à la Cour SARL provides a 'very high level of expertise' across a range of IP and IT matters, from both a contentious and non-contentious perspective. 'Very responsive and knowledgeable' counsel Virginie Liebermann's wide-ranging expertise includes niche marketing and advertising law knowledge.
Michel Molitor; Virginie Liebermann
‘A close-knit team, there is always someone to quickly respond to requests, even if the regular contact is absent.’
‘The team is extremely diligent, thorough, courteous and a pleasure to work with.’
‘The team is very professional, and provides clear and precise advice even on complex questions.’
‘Strong, not only in advertising and IP, but in many other areas as well. They are my go-to firm in Luxembourg. ’
‘Virginie Liebermann is very responsive and knowledgeable.’
‘Virginie Liebermann was extremely professional and attentive, providing a great level of service and assistance in a timely manner.’
Although PwC Legal Luxembourg has expertise across the panoply of IP and IT matters, under the leadership of the 'responsive and creative' Audrey Rustichelli, it has garnered a particularly strong reputation in the market for data protection matters. In this regard, the firm excels at representing multinational corporates in large-scale GDPR/data privacy-related compliance projects and is appreciated for its ability to provide a one-stop-shop service to clients, which provides not only the pure legal advice but also effective guidance on implementation by virtue of the team's close collaboration with the firm's consultancy services arm.
Other key lawyers:
‘Pwc Legal has one of the leading practices on IT and data privacy in Luxembourg. The fact that they collaborate closely with the PwC consultancy services arm, makes it an attractive one-stop-shop, not only to get the legal advice you need, but also the guidance on establishing the right processes within your company.’
‘The proactive Audrey Rustichelli has excellent legal knowledge and market experience.’
‘I have worked closely with Audrey Rustichelli. I consider her to be one of the leading lawyers in Luxembourg on IT and data privacy matters. Due to her strong legal background and practical approach, she is an excellent support to develop your data privacy and information security programs.’
‘Audrey Rustichelli who is a seasoned lawyer on data protection.’
‘Audrey Rustichelli is responsive and creative.’
- Assisted LuxTrust, the main provider of trust services in Luxembourg, on the implementation of a new electronic signature platform.
- Regularly advising Google on ongoing projects related, notably, to the provision of audiovisual programmes.
- Assisted SaarGummi with its ongoing GDPR compliance programme.
Although Wildgen's standing in the IP/IT space took a significant hit following former team head Emmanuelle Ragot 's departure at the end of 2019, it does still have some capacity, particularly on the data protection front, where it is praised for its 'responsive and knowledgeable service'. Tax partner David Maria is the de-facto head of the team.
Other key lawyers:
‘The team is very responsive and knowledgeable concerning our specific needs.’
INUI STUDIO S.A.
EXCELLIUM SERVICES LUXEMBOURG
- Assisting a leading telecoms services provider with IP and consumer protection law and with regulatory advice.
- Advising a leading shoe company on matters regarding counterfeited products and representation against two major supermarkets in Luxembourg (both from well-known French supermarket chains).
- Advising numerous fund clients on different data protection and governance issues: compliance of data transfer agreements from Luxembourg to the US, data protection compliance and governance, implementation of GDPR policies.
Other key lawyers:
Simon Malterre; Elena Arno
Luxembourg Bar Association
International Association of Lawyers (UIA)
- Assisting the Luxembourg Bar Association with the implementation of the domestic provisions adopted following the implementation of the GDPR.
Clifford Chance continues to develop its data protection expertise; recent work has included advising funds clients on GDPR-related compliance matters. Counsel Isabelle Comhaire heads the practice, which was strengthened in January 2020 by the arrival of senior associate Charles-Henri Laevens from Allen & Overy Luxembourg,
Other key lawyers:
Albert Moro; Charles-Henri Laevens
Led by the 'exceptional' Dorothée Ciolino, DCL Avocats has niche expertise advising clients in the payment services industry across a range of regulatory, contractual and IP-related matters. In addition, the team is also well versed at handling personal data protection issues linked to GDPR.
‘The team has a unique connection with many of its clients.’
‘Dorothée Ciolino is exceptional.’
3C Payment Luxembourg S.A.
Co-headed by investment funds partner Hermann Beythan and litigator Guy Loesch, Linklaters' multi-disciplinary team has recently advised funds clients on Luxembourg cloud outsourcing regulations, as well as providing data protection advice to broader firmwide clients, both in the context of GDPR compliance, as well as on any subsequent breach.
Hermann Beythan; Guy Loesch
Headed by Véronique Hoffeld, Loyens & Loeff's IP/IT team handles a significant amount of GDPR-related data compliance work for investment funds. Other work includes advice on multi-jurisdictional IP and commercial disputes involving patents, trade marks, distribution and agency agreements, and infringements of copyrights and designs.
Other key lawyers:
Sabrina Martin; Emilia Fronczak
‘The firm has great international experience in and deep understanding/experience of the specific needs for the industry/corporate structure. Fantastic collaboration and communication with the other team of the firm (tax, corporate legal, etc.). Great collaboration with other advisor of the client in international transactions/structure ’