EU Regulatory Practice 2016 Directory of Regulatory Lawyers

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EU Regulatory Practice
2016 Directory of Regulatory Lawyers
in K&L Gates European Offices
K&L Gates European Office Locations
Berlin
London
Brussels
Paris
Warsaw
Frankfurt
Milan
Berlin
Markgrafenstraße 42
10117 Berlin, Germany
T: +49.(0)30.220.029.0
F: +49.(0)30.220.029.499
Brussels
The View Building
Rue de l’Industrie 26/38
1040 Brussels, Belgium
T: +32.(0)2.336.1900
F: +32.(0)2.336.1901
Frankfurt
OpernTurm
Bockenheimer Landstraße 2−4
60306 Frankfurt am Main, Germany
T: +49.(0)69.945.196.0
F: +49.(0)69.945.196.499
London
One New Change
London EC4M 9AF, England
T: +44.(0)20.7648.9000
F: +44.(0)20.7648.9001
Milan
piazza San Marco, 1
20121 Milan, Italy
T: +39.02.3030.291
F: +39.02.3030.2933
Paris
116 avenue des Champs-Elysées
75008 Paris, France
T: +33.(0)1.58.44.15.00
F: +33.(0)1.58.44.15.01
Warsaw
Pl. Małachowskiego 2
00-066 Warsaw, Poland
T: +48.22.653.4200
F: +48.22.653.4250
OUR EU REGULATORY PRACTICE
Government regulation affects almost every aspect of a company’s business.
Authorisations, certifications, licences, reporting requirements, and a myriad
of regulatory obligations and restrictions have become the daily burden
of companies who otherwise only seek the right to conduct their business
activities in an open and free market.
For companies without a solid grasp
of the regulatory framework applicable
to them, failure to comply with those
requirements can lead to burdensome
government investigations into their
business. Apart from serious commercial
consequences, such proceedings can lead
to heavy penalties and, in the most serious
circumstances, to criminal sanctions
imposed on company executives.
As a response to the growing importance of
regulation for our clients’ businesses, K&L
Gates has dedicated one of its core practice
areas to Global Government Solutions.
Lawyers in this practice work seamlessly in
integrated teams across 45 offices in the
United States, Europe, Asia, the Middle
East, South America, and Australia.
Our lawyers assist companies not only in
operating effectively through the maze
of regulatory obligations while ensuring
compliance, but also on how to influence
and take advantage of the regulatory
framework. Regulatory instruments not
only constitute obligations, but also
present opportunities to improve a
company’s competitive edge.
The breadth of K&L Gates’ European
Regulatory Group reflects the fact that
EU law is not only Brussels-focused: it
also has a significant impact on the laws
and regulations in force in the various EU
Member States which derive directly from
EU law. Our European Regulatory Group
combines the knowledge, skills, languages
and resources of our firm’s European offices
in Berlin, Brussels, Frankfurt, London,
Milan, Paris, and Warsaw.
This Directory of our European Regulatory
capabilities provides a concise overview
of K&L Gates’ regulatory lawyers located
across Europe. The Directory is structured
by regulatory practice area, and provides
essential information on each lawyer’s
proven experience within that sector. The
objective of the Directory is to assist clients
looking for a specific capability and to
facilitate efficient contact between those
clients and the appropriate member(s) of
our European Regulatory Group.
Our European Regulatory Group combines the
knowledge, skills and resources of our firm’s
European offices.
Table of Contents
Agriculture and Fisheries.................................................................. 2
Competition.................................................................................... 2
Data Protection and Privacy.............................................................. 3
Distribution and e-Commerce............................................................ 3
Energy and Climate Change............................................................... 4
Environment, Chemicals and Natural Resources.................................. 4
Financial Services............................................................................ 5
Food and Nutrition........................................................................... 5
Gambling........................................................................................ 6
Health and Life Sciences.................................................................. 6
Intellectual Property and Technology Licensing................................... 7
International Trade and Export Control................................................ 7
Media and Sports............................................................................. 8
Product Safety and Liability.............................................................. 9
Public Procurement.......................................................................... 9
Subsidies and Grants....................................................................... 9
Tax and Customs Law..................................................................... 10
Telecoms...................................................................................... 10
Transport...................................................................................... 10
White Collar Crime......................................................................... 11
Index of Regulatory Lawyers
in K&L Gates European Offices........................................................ 12
Please refer to the K&L Gates Regulatory Lawyer Index on page 12 for individual contact details.
1
Agriculture and Fisheries
The recent entry into force of the reformed Common Agricultural Policy and Common Fisheries Policy will require these sectors to adapt to
some profound changes. The Commission and the national authorities of the Member States of the EU will now be working to implement the
new rules throughout 2014 which will have significant effects and will require industry to take immediate action.
Philip Torbøl
Partner, Brussels
Fisheries
Raminta Dereskeviciute
Senior Associate, London
Fisheries, Agriculture
Competition
Competition law regulates the way companies do business, at both EU and national levels. This includes strict behavioural rules governing
arrangements between companies, such as horizontal agreements between competitors and vertical agreements between manufacturers/
suppliers and distributors, as well as abusive conduct put in place by dominant companies. Mergers and joint ventures that meet the relevant
filing requirements also need to be reviewed from a competition perspective. Recent years have seen an increasing awareness and ability for
claimants to bring damages actions before EU national courts as a result of a competition law breach. The European Commission has just
published a draft directive and recomendation which seek to facilitate competition law private actions in the EU.
Neil Baylis
Partner, London
Merger Control, Compliance, Distribution,
Cartels, Dominance, UK Competition Law
Philip Torbøl
Partner, Brussels
Dominance, Cartels, Distribution,
State-Aid, Danish Competition Law
Lech Najbauer
Counsel, Warsaw
Cartels, Compliance, Merger Control
Karol Lasocki
Partner, Warsaw
Cartels, Dominance
Dominika Mizielinska
Of Counsel, Warsaw
Compliance, Dominance, Antitrust
Scott Megregian
Partner, London, Brussels
Merger Control, Compliance, Distribution,
Cartels, Dominance, UK Competition Law
Francesco Carloni
Counsel, Brussels
Merger Control, Cartels, Dominance,
Compliance, State Aid, Competition Law,
Italian Competition Law
Marcin Trepka
Counsel, Warsaw
Cartels, Dominance, Antitrust, Compliance,
EU Competition Law, Polish Competition Law
Jennifer Marsh
Senior Associate, London
Merger Control, Compliance, Distribution,
Cartels, Dominance, UK Competition Law
Annette Mutschler-Siebert
Partner, Berlin
Merger Control, German Competition Law,
Compliance, Antitrust
Elizabeth Robertson
Partner, London
Cartels
2
Directory of Regulatory Lawyers in K&L Gates European Offices
Data Protection and Privacy
The EU Data Protection framework sets high standards for the protection of personal data, which are broadly exported worldwide through
legal requirement for Protection of Data outside the EU. This means that companies processing personal data have to comply with a complex
set of rules, in an increasingly globalised and constantly evolving technical landscape. European data protection authorities have broad
enforcement powers. The European Institutions are currently revising the EU Data Protection legal framework, which will likely result in
legislative changes in 2015. Our firm includes key individuals who followed the drafting of the EU Reform as well as each step of the ongoing
parliamentary debate. This allows our client to weigh on the final drafting of the proposed reform and to anticipate its upcoming enforcement
at EU and global level.
Claude-Etienne Armingaud
Partner, Paris
Whistle-blowing, International Data Transfer
Arthur Artinian
Partner, London
Data Privacy Compliance, Behavioural and Online
Marketing, Transactional data issues
Friederike Gräfin von Brühl
Partner, Berlin
International Data Transfer, IT Outsourcing,
Compliance
Andrew Danson
Partner, London
Online Marketing, Privacy Policies, Compliance,
International Data Transfer
Etienne Drouard
Partner, Paris
International Data Transfer, Security, Behavioural
and Online Marketing
Oskar Tułodziecki
Partner, Warsaw
Compliance, Data Protection, Online-Marketing,
Whistle-blowing
Wilhelm Hartung
Partner, Berlin, Frankfurt
Compliance, Privacy Internal Investigations, Data
Privacy Policy
Dominika Mizielinska
Of Counsel, Warsaw
Whistle-blowing, Compliance, IT Outsourcing
Mathias Schulze Steinen
Partner, Frankfurt
IT Outsourcing, Compliance,
International Data Transfer
Philip Torbøl
Partner, Brussels
Passenger Records, International Data Transfer
Alessandra Feller
Associate, Milan
Data Protection
Ewelina Madej
Associate, Warsaw
Compliance, Data Protection
Distribution and e-Commerce
Distribution and supply agreements represent one of the most commonly exchanged commercial documents. All such agreements are
subject to EU rules designed to avoid any restriction of competition. These rules, which have been recently updated, also apply to online
sales. e-Commerce plays an important role in the development of cross-border shopping in the internal market. For this reason, the EU has
implemented a set of laws which aims at providing common rights for consumers and establishing obligations for retailers
throughout Europe.
Claude-Etienne Armingaud
Partner, Paris
Distance Selling, Consumer Protection, Marketing
Arthur Artinian
Partner, London
e-Commerce Strategies, Service Provider Liability,
Jurisdictional Issues, Consumer Protection
Neil Baylis
Partner, London
Agency, Distance Selling
Andrew Danson
Partner, London
e-Commerce, Marketing, Distance Selling,
Consumer Protection, Commercial Distribution
Giampaolo Salsi
Partner, Milan
Commercial Distribution, Vertical Agreements,
e-Commerce, Consumer Protection
Andrea Campana
Associate, Milan
e-Commerce, Consumer Protection
Oskar Tułodziecki
Partner, Warsaw
Service Providers Liability, Consumer Protection,
e-Commerce
Alessandra Feller
Associate, Milan
Commercial Distribution, Vertical Agreements,
Commercial Agency, E-Commerce,
Consumer Protection
Dominika Mizielinska
Of Counsel, Warsaw
Commercial Distribution, e-Commerce
Francesco Peruffo
Associate, Milan
Commercial Distribution, Vertical Agreements
Jennifer Marsh
Senior Associate, London
Commercial Distribution, Agency, e-Commerce
Strategies
Ariane Samson-Divisia
Associate, Paris
Distance Selling, Consumer Protection,
e-Commerce
Etienne Drouard
Partner, Paris
e-Commerce Strategies, Marketing Data, Distance
Selling, Consumer Protection
Please refer to the K&L Gates Regulatory Lawyer Index on page 12 for individual contact details.
3
Energy and Climate Change
Energy policy is increasingly taking a central role in the EU. Several regulatory measures are in place at EU and national level requiring
industry’s compliance and covering both fossil-fuelled sources (oil, gas and coal) and alternative/renewable sources (solar, wind, biomass,
geothermal, hydro-electric and tidal). An EU legislative framework, including energy liberalisation packages as well as measures specifically
promoting energy from renewable sources and energy efficiency, was adopted with the aim of achieving an internal market for energy and
reduce greenhouse gas emissions. National rules, either implementing the EU legal framework or addressing national specific issues, are in
force in the various EU Member States. A new Commission recommendation on shale gas, adopted in 2014, lays down principles for shale
gas exploration and extraction.
Sebastian Charles
Partner, London
Nuclear, Renewables, Waste Technologies, Fossil
Fuels, Carbon Reduction Commitment, Energy
Efficiency
Tomasz Dobrowolski
Partner, Warsaw
Renewables, EU Liberalisation Packages, Nuclear
Christian Hullmann
Partner, Berlin
Renewables Infrastructure
Marcin Trepka
Counsel, Warsaw
Renewables, Energy Efficiency, Renewables
Infrastructure
Karol Lasocki
Partner, Warsaw
Renewables, Clean Coal Technologies, Fossil
Fuels, Gas, Carbon Reduction Commitment,
Energy Efficiency
Raminta Dereskeviciute
Senior Associate, London
Energy Efficiency, Emissions Trading
Environment, Chemicals and Natural Resources
The EU has adopted a substantial and diverse range of environmental measures to improve the quality of the environment, including air, soil,
water, waste, noise, land use, biodiversity, climate change and sustainable development. EU legislation on environmental liability also imposes
significant obligations with regard to the prevention and remedying of environmental damage and has been strengthened through criminal
offences and penalties.
Adoption of the REACH Regulation (Registration, Evaluation and Authorisation of Chemicals) has radically altered European chemicals policy,
the Globally Harmonised System of Classification and Labelling of Chemicals (GHS) has been incorporated into EU legislation (CLP Regulation), management and treatment of dangerous substances has been shaped and a variety of Directives and Regulations are being reviewed
and updated as a result. In parallel, new EU legislation on pesticides and biocides has been adopted. Furthermore, a regulatory and policy
framework on nanomaterials is developing.
Sebastian Charles
Partner, London
Impact Assessment, Waste, Contaminated Land,
Minerals, Water, Environmental Permitting
Tomasz Dobrowolski
Partner, Warsaw
Shale Gas, REACH
Olivia Lê Horovitz
Partner, Paris
Waste, Environmental Labels and Standards,
Pollution Protection, Reactive Chemical
Management
4
Christian Hullmann
Partner, Berlin
Environmental Due Diligence
Mathias Schulze Steinen
Partner, Frankfurt
REACH, CLP, Chemicals, Waste
Karol Lasocki
Partner, Warsaw
Environmental Permitting, Impact Assessment,
Waste, Contaminated Land, Minerals, Water
Raminta Dereskeviciute
Senior Associate, London
Chemical and Environmental Regulation, CLP
Scott Megregian
Partner, London, Brussels
REACH
Directory of Regulatory Lawyers in K&L Gates European Offices
Financial Services
Financial services activities in the EU such as investment management, banking, securities broking, insurance mediation and money
transmission are subject to laws based upon a growing body of targeted EU Directives and Regulations. Much of this EU-level legislation
is being, or has been, strengthened in response to the global financial crisis. Some areas of activity, for example alternative investment
funds, are having to deal with specific EU-level regulation for the first time. The sheer number and scope of EU regulatory initiatives in
the financial services area is staggering, with many new or revised Directives and Regulations reaching the implimentation phase of their
development in 2015.
Bastian Bongertz
Partner, Frankfurt
Prospectus Regulation
Christian Büche
Partner, Frankfurt
Securities Regulation, Investment Services,
Restructuring, BaFin Regulation
Sean Donovan-Smith
Partner, London
Cross-border Regulatory Issues, Regulatory
Compliance, FCA Regulation and Enforcement
Till Fock
Partner, Berlin
Investment Management, Trading in Loan
Portfolios, Banking Regulation
Volker Gattringer
Partner, Frankfurt
Banking, Investment Services
Matthias Grund
Partner, Frankfurt
Banking, Bail-out Packages, Investment
Services, Restructuring
Robert Hadley
Partner, London
Anti-Corruption, Insider Dealing, FCA
Regulation and Enforcement, Market Abuse
Andrew Massey
Partner, London
UCITS, Retail Funds, PRA and
FCA Regulation
Philip Morgan
Partner, London
PRA, FCA and EU Securities Regulation,
Investment Management, Market Abuse,
Insurance Mediation, Payment Services,
Banking Regulation
Elizabeth Robertson
Partner, London
Contentious Matters, Insider Dealing, FCA
Regulation and Enforcement
Frank Thomas
Partner, Frankfurt
Leasing Regulations, Financial Instruments
Giovanni Campi
Financial Services Policy Director, Brussels
Banking, Prudential Regulation, Capital Markets,
Supervision, Financial Transaction Tax
David Savell
Senior Associate, London
Money Laundering Regulations, Insider Dealing,
FCA Regulation and Enforcement
Oliver Lewis
Associate, London
FCA and EU Securities Regulation, Investment
Management, Investment Services,
Investment Funds
Vittorio Salvadori di Wiesenhoff
Partner, Milan
VAT, Withholding Taxes, Financial Transaction
Tax , Capital Gain Tax
Food and Nutrition
Food and nutrition continues to be at the forefront of the Union’s action. The EU regulatory bodies have, since the food crises of the 90s,
adopted a very proactive approach in the area. This has translated into a modernization of the EU legal framework, the creation of the European Food Safety Authority, countless legislative initiatives, and other measures aiming at guaranteeing a high level of human health and
consumer protection and the functioning of the Internal Market. In an area widely harmonized by the EU legislature, the main challenges
relate to the uniformity of the interpretation in the different EU countries. Areas such as nutrition and health claims, which include a harmonized list of EU wide claims, the provision of food information to consumers, and the regulation on food contact materials are good examples
of this trend. Nutrition policy is an area of voluntary industry commitments, such as the EU Platform for Action on Diet, Physical Activity and
Health (DPAH), which aims to promote balanced diets and healthy lifestyles on a voluntary basis. The EU regulators rely on these initiatives
and closely monitor their development. Only when they fail to achieve the expected objectives, does legislative action takes place.
Raminta Dereskeviciute
Senior Associate, London
Food Products Marketing, Food Safety
Agnieszka Suchecka-Tarnacka
Associate, Warsaw
Food, Food Supplements, Nutrition
Please refer to the K&L Gates Regulatory Lawyer Index on page 12 for individual contact details.
5
Gambling
Gambling, and in particular the regulation of online gambling, continues to be a hot topic at EU level. Against the background of a stateby-state regulatory approach which continues to move towards a requirement for 28 separate licences to provide services throughout the
Internal Market, and a host of Court of Justice of the European Union (CJEU) judgments, we are now starting to see policy developments
at a regulatory level. In 2014, the European Commission published its recommendations on principles for the protection of consumers of
online gambling services, and the prevention of minors from gambling. Also in 2014, the European Commission for the first time referred
a Member State (Sweden, twice) to the CJEU for imposing restrictions on online gambling services which the Commission considers to be
inconsistent with EU law. 2015 should also see the CJEU rule on the compliance with EU law of Germany’s Inter-State Treaty in relation to
gambling services, in a case referred to it by the German Courts. The outcomes of these cases will be anticipated eagerly, as both private
gambling operators and state-sponsored monopolies look for the upper hand in their ongoing battle across the EU.
Claude-Etienne Armingaud
Partner, Paris
On-line Gambling, Gaming Regulations
Boris Kläsener
Partner, Frankfurt
On-line Gambling
Dominika Mizielinska
Of Counsel, Warsaw
On-line Gambling, Gambling Regulations
Andrew Danson
Partner, London
On-line Gambling, UK/EU Regulation, Data
Rights, Sponsorship, Competitions
Warren Phelops
Partner, London
On-line Gambling, UK Regulation, Data Rights,
Sponsorship, Competitions
Elizabeth Dunn
Associate, London
On-line Gambling, UK/EU Regulation,
Sponsorship, Competitions
Etienne Drouard
Partner, Paris
On-line Gambling, Gambling Regulations,
Marketing & Advertising
Philip Torbøl
Partner, Brussels
Gambling
Ariane Samson-Divisia
Associate, Paris
On-line Gambling, Gambling Regulations,
Marketing & Advertising
John Elgar
Partner, London
On-line Gambling, UK Regulation,
Sponsorship, M&A, Competitions
Health and Life Sciences
Many aspects of this sector are regulated at EU level, including medicinal products, orphan medicines, traditional herbal medicines, vaccines,
clinical trials and medical devices. Major changes to the clinic trials and medical devices legislation are currently being negotiated. Complex
requirements for marketing authorisation and conformity assessment make it essential for manufacturers to have expert assistance navigating
the ever-changing regulatory maze.
Etienne Drouard
Partner, Paris
Clinical Trials, Marketing Regulation
Raminta Dereskeviciute
Senior Associate, London
Medical Devices
Agnieszka Suchecka-Tarnacka
Associate, Warsaw
Clinical Trials
Mathias Schulze Steinen
Partner, Frankfurt
Clinical Trials, Regulation on Drugs and Medical
Devices, Marketing Regulation
6
Directory of Regulatory Lawyers in K&L Gates European Offices
Intellectual Property and Technology Licensing
Intellectual property licensing is subject to an increasing range of EU law and regulation which relates both to intellectual property rights themselves and to the exploitation of those rights. The continuing harmonisation of the legislation across the EU in relation to the various classes
of intellectual property is reflected in the growing body of law in this area. The European Union is currently rolling out a new unitary patent
system which is a key example of this continuing harmonisation. At the same time, the concept of exclusive national rights and/or monopolies
is at the heart of intellectual property rights, thus IP licensing, especially where cross-border issues and territorial exclusivity are involved,
needs to be balanced with potentially conflicting areas of EU law. These areas include not only EU competition law, together with the various
Block Exemptions which relate to different types of IP licensing, but also specific EU regulations, such as export controls. As well as reviewing
and updating such regulations and Block Exemptions periodically, the EU also produces, on an ongoing basis, a wide range of significant new
initiatives and proposed legislation which relate to IP licensing and rights management.
Martin von Albrecht
Partner, Berlin
Copyright, Licensing
Claude-Etienne Armingaud
Partner, Paris
Copyright, Trademark Registration,
Prosecution and Licensing
Arthur Artinian
Partner, London
IP Licensing; Trademark, Copyright,
Design and Trade Secret Counselling, IP
Litigation, Antipiracy
Friederike Gräfin von Brühl
Partner, Berlin
Copyright, IT
Etienne Drouard
Partner, Paris
Copyright, Trademark Registration,
Prosecution, Licensing
Alessandra Feller
Associate, Milan
IP Licensing, Trademarks, Software Licensing, IT,
Copyright
Oskar Tułodziecki
Partner, Warsaw
Copyright, Trademarks, Trade Secrets,
IP Licensing and Litigation
Ewelina Madej
Associate, Warsaw
Copyright, Trademarks, Antipiracy
Dominika Mizielinska
Of Counsel, Warsaw
Software Licensing, IT
Andrew Gilchrist
Senior Associate , London
IP Litigation, IP Procurement
Ariane Samson-Divisia
Associate, Paris
Copyright, IP Litigation, Software Licensing
Michał Ziółkowski
Associate, Warsaw
Copyright, Trademarks, Patent Design
Registrations, IP Licensing, Antipiracy
International Trade and Export Control
International trade includes import and export controls, trade remedies, international trade and investment agreements and trade sanctions such as arms embargoes and asset freezes. With the exception of investment agreements, all international trade matters are negotiated and enacted at EU level.
Etienne Drouard
Partner, Paris
Export Control, e-Discovery
Ignasi Guardans
Partner, Brussels
EU Policy & Regulation, Media Convergence
Please refer to the K&L Gates Regulatory Lawyer Index on page 12 for individual contact details.
Philip Torbøl
Partner, Brussels
FTA, WTO, Market Access, Anti-Dumping
7
Media and Sports
Nothing could demonstrate better the convergence of the sports, media and EU regulatory worlds than the landmark “pub landlady”
Court of Justice of the European Union case (CJEU), which has had sports broadcasters and governing bodies scrutinising their business
models. In addition, the CJEU has recently clarified the existence or otherwise of rights in sports data, which has been a hotly-disputed
topic for the last decade. Those cases are merely the most recent of a long history of key EU intervention in the area, from the body of
EU Directives and Regulations which govern the media and broadcasting industry, through EU fundamental freedom and competition
law issues shaping areas as diverse as the packaging and collective selling of sports rights, the sale of ticketing and hospitality packages,
sports merchandising rights and football transfer markets, to the new recognition of the specificity of sport enshrined in Article 165 of the
Treaty on the Functioning of the European Union.
Martin von Albrecht
Partner, Berlin
Media, Entertainment
Etienne Drouard
Partner, Paris
Broadcasting Rights
Oskar Tułodziecki
Partner, Warsaw
Media, Entertainment
Claude-Etienne Armingaud
Partner, Paris
Entertainment, Broadcasting Rights,
Press & Liability
John Elgar
Partner, London
Media Rights, Sponsorship, Events,
Discipline, M&A
Jennifer Marsh
Senior Associate, London
Media Rights Licensing, Antitrust
Arthur Artinian
Partner, London
Sponsorship, Entertainment, Advertising,
Media Rights Licensing, Major Events
Matthias Grund
Partner, Frankfurt
Broadcasting Rights
Neil Baylis
Partner, London
Media Rights Licensing, Antitrust
Friederike Gräfin von Brühl
Partner, Berlin
Press, Film, Media
Andrew Danson
Partner, London
Broadcasting, Media Rights, Sponsorship,
Events, Data Rights
8
Scott Megregian
Partner, London, Brussels
Discipline Specific Regulations,
Antitrust, Sponsorship
Elizabeth Dunn
Associate, London
Broadcasting, Media Rights,
Sponsorship, Events
Alessandra Feller
Associate, Milan
Sponsorship, Licensing
Annette Mutschler-Siebert
Partner, Berlin
Licensing, Sponsorship Rights,
Digital Satellite TV
Warren Phelops
Partner, London
Media Rights, Sponsorship, Events,
Data Rights, Discipline
Directory of Regulatory Lawyers in K&L Gates European Offices
Product Safety and Liability
Manufacturers and importers are required to comply with complex rules, including the General Product Safety Directive, in order to be
able to market their products within the EU. Numerous product specific laws exist, which impose detailed safety requirements for categories such as chemicals, cosmetics, pharmaceuticals, electrical and electronic equipment, toys, etc. In addition, producers are subject to
strict liability for defective products under the Product Liability Directive. National penalties for non-compliance vary within the EU and
can be severe.
Claude-Etienne Armingaud
Partner, Paris
EU/French Advertising and Marketing,
Consumer Protection, Labelling
Neil Baylis
Partner, London
Product Liability and Safety, Comparative
Advertising
Mathias Schulze Steinen
Partner, Frankfurt
Product Safety, CE Marking
Raminta Dereskeviciute
Senior Associate, London
Toy Safety, Product Liability and Safety, CE
Marking, Labelling
Ariane Samson-Divisia
Associate, Paris
Market Access, Advertising & Marketing,
Comparative Advertising
Agnieszka Suchecka-Tarnacka
Associate, Warsaw
Marketing, Direct Sales
Etienne Drouard
Partner, Paris
EU/French Advertising and Marketing,
Consumer Protection, Labelling
Public Procurement
Public procurement law requires most public-sector contracts above a certain value to be advertised in the EU Official Journal so as to
enable contractors from all Member States to compete. EU Directives lay down details of the procedure for tender and award of contracts and remedies for infringement. While different processes such as competitive dialogue and the negotiated procedure can add to
the complexity, failure to observe the detailed requirements can invalidate the process and give rise to challenges which may (since the
new Remedies Directive) in some cases lead to annulment of an awarded contract. In Summer 2013, the European Parliament and the
Council agreed on the revision of the EU Directives in order to modernise EU private procurement laws. Once the new Directories are
officially adopted, Member States will have 24 months to amend national laws to comply with new rules.
Etienne Drouard
Partner, Paris
All Procurement Procedures
Wladek Rzycki
Partner, Warsaw
All Procurement Procedures
Marion Baumann
Associate, Berlin
All Procurement Procedures
Annette Mutschler-Siebert
Partner, Berlin
All Procurement Procedures
Subsidies and Grants
The main part of the EU’s budget goes to subsidies. Billions and billions of Euros in subsidies support agriculture, regional development,
R&D projects, and development aid. Many large and smaller projects qualify and benefit each year from EU subsidies. The procedures
required to obtain those subsidies can seem complex and burdensome, but in these times of economic difficulty for many companies,
they are often worth the effort.
Annette Mutschler-Siebert
Partner, Berlin
Regional Development Programmes
Philip Torbøl
Partner, Brussels
Development Aid
Please refer to the K&L Gates Regulatory Lawyer Index on page 12 for individual contact details.
Raminta Dereskeviciute
Senior Associate, London
Structural Funds
9
Tax and Customs Law
Regulatory tax aspects have been greatly influenced by key decisions of the Court of Justice of the European Union (CJEU) and by
the availability of certain tax reliefs with an EU basis. The Abuse of Rights Doctrine, which prevents the use of EU law for fraudulent or
abusive purposes, has been further developed by the CJEU and applied in domestic cases. There have also been developments relating
to the treatment of tax losses in foreign branches following case law in the EU. EU law ensures that payments of dividends, interest and
royalties within the same group of companies operating in different EU Member States do generally not suffer double taxation. These
developments and their continuing evolution will be of paramount significance in relation to commercial tax planning on a European or
International level.
Giles Bavister
Partner, London
Corporate Tax, VAT
Annette Mutschler-Siebert
Partner, Berlin
Country of Origin, Product Classification
Bertrand Dussert
Partner, Paris
VAT, Corporate Tax, Litigation
Rainer Schmitt
Partner, Frankfurt
Direct and Indirect Taxes
Philip Torbøl
Partner, Brussels
Country of Origin, VAT Exemption
Telecoms
The telecoms sector is one of the most heavily regulated in Europe. The laws and regulations of each Member State derive from a
complex matrix of interconnecting EU Directives and Regulations. Ever increasing technological convergence, and the proliferation of
web-based communications services, means that telecoms regulation now reaches into the boardrooms of a wide range of businesses
far beyond traditional telecoms service providers, on issues such as authorisation, access, data retention, users’ rights and data protection/privacy. The picture has been further complicated by the inconsistent adoption by Member States of recent Directives amending the
current legislation which has as its aim the consolidation of the single market, streamlining the market review procedure, and improving
consumer protection.
Etienne Drouard
Partner, Paris
EU & French Telecoms Regulation,
Commercial Agreements
Ignasi Guardans
Partner, Brussels
EU Trade Policy, FTAs, Trade & Development
Dorota Koseła
Associate, Warsaw
EU and Polish Telecoms Regulations,
Commercial Agreements, Telecommunication
Secrecy, Mobile Payment Services
Transport
Transport is at the core of the EU’s long-term plan for sustainability. Liberalisation efforts and the dream of multi-modal transport continue
to generate new regulations and agreements at EU and international level affecting all operators of air transport, rail, road transport and
maritime transport operators.
10
Neil Baylis
Partner, London
Maritime
Annette Mutschler-Siebert
Partner, Berlin
Procurement, Infrastructure
Philip Torbøl
Partner, Brussels
Air Transport and Distribution, Maritime
Wilhelm Hartung
Partner, Berlin, Frankfurt
Air Transport
Frank Thomas
Partner, Frankfurt
Rail, Air, Security
Raminta Dereskeviciute
Senior Associate, London
Dangerous Goods, Maritime
Directory of Regulatory Lawyers in K&L Gates European Offices
White Collar Crime
The behaviour of companies is becoming the subject of greater focus from authorities in Europe, and globally. Our Government Enforcement and Anti-Corruption Practice provides advice, representation, investigation and training in relation to the increasingly complex area
of corporate criminal offences.
The team regularly assists clients in the conduct of internal investigations, advising the client every step of the way on their options and
risks and giving clear and pragmatic guidance based on a wealth of experience of dealing with similar problems for others in the past.
If regulators become involved we negotiate on the client’s behalf and have consistently achieved excellent results for our clients, including
persuading regulators to discontinue investigations and prosecutions. We have in-depth experience in dealing with a range of corporate
and individual criminal issues and a multitude of government enforcement agencies in Europe. We have also provided advice and representation in respect of a number of US enforcement agencies, including the US Department of Justice (“DoJ”) and the US Securities and
Exchange Commission (“SEC”).
Christine Braamskamp
Partner, London
Anti-corruption, Health & Safety Investigations,
Mutual Legal Assistance and Extradition
Elizabeth Robertson
Partner, London
Government Enforcement, Anti-Corruption,
Internal Investigations
Laura Atherton
Senior Associate, London
Government Enforcement, Training and
Compliance, Ethical Due Diligence
Robert Hadley
Partner, London
Government Enforcement, Anti-Corruption,
Internal Investigations
Sasi-Kanth Mallela
Special Counsel, London
Anti-corruption, Internal Investigation,
SFO Investigations
David Savell
Senior Associate, London
Anti Money Laundering, Caution and Compelled
Interviews, Civil Recovery Proceedings
Please refer to the K&L Gates Regulatory Lawyer Index on page 12 for individual contact details.
11
Index of Regulatory Lawyers in K&L Gates European Offices
12
Martin von Albrecht
Partner
Berlin
+49.(0)30.220.029.400
martin.albrecht@klgates.com
Christine Braamskamp
Partner
London
+44.(0)20.7360.8131
christine.braamskamp@klgates.com
Claude-Etienne Armingaud
Partner
Paris
+33.(0)1.58.44.15.16
clawdey.armingaud@klgates.com
Friederike Gräfin von Brühl
Partner
Berlin
+49.(0)30.220.029.415
friederike.bruehl@klgates.com
Arthur Artinian
Partner
London
+44.(0)20.7360.8207
arthur.artinian@klgates.com
Christian Büche
Partner
Frankfurt
+49.(0)69.945.196.365
christian.bueche@klgates.com
Laura Atherton
Senior Associate
London
+44.(0)20.7360.8322
laura.atherton@klgates.com
Andrea Campana
Associate
Milan
+39.02.3030.2947
andrea.campana@klgates.com
Marion Baumann
Associate
Berlin
+49.(0)30.220.029.306
marion.baumann@klgates.com
Giovanni Campi
Financial Services Policy Director
Brussels
+32.(0).2.336.1910
Giovanni.Campi@klgates.com
Neil Baylis
Partner
London
+44.(0).20.7360.8140
neil.baylis@klgates.com
Francesco Carloni
Counsel
Milan
+32.(0)2.336.1908
francesco.carloni@klgates.com
Dr. Bastian Bongertz
Partner
Frankfurt
+49.(0)69.945.196.366
bastian.bongertz@klgates.com
Sebastian Charles
Partner
London
+44.(0).20.7360.8205
sebastian.charles@klgates.com
Giles Bavister
Partner
London
+44.(0).20.7360.8173
giles.bavister@klgates.com
Andrew Danson
Partner
London
+44.(0).20.7360.8153
andrew.danson@klgates.com
Directory of Regulatory Lawyers in K&L Gates European Offices
Raminta Dereskeviciute
Senior Associate
London
+44.(0).20.7360.8264
raminta.dereskeviciute@klgates.com
Volker Gattringer
Partner
Frankfurt
+49.69.945.196.280
volker.gattringer@klgates.com
Tomasz Dobrowolski
Partner
Warsaw
+48.22.653.4221
tomasz.dobrowolski@klgates.com
Andrew W J Gilchrist
Senior Associate
London
+44.(0).20.7360.8148
andrew.gilchrist@klgates.com
Sean Donovan-Smith
Partner
London
+44.(0)20.7360.8202
sean.donovan-smith@klgates.com
Matthias Grund
Partner
Frankfurt
+49.(0)69.945.196.240
matthias.grund@klgates.com
Etienne Drouard
Partner
Paris
+33.(0)1.58.44.15.12
etienne.drouard@klgates.com
Ignasi Guardans
Partner
Brussels
+32.(0)2.336.1949
ignasi.guardans@klgates.com
Elizabeth Dunn
Associate
London
+44.(0).20.7360.8256
elizabeth.dunn@klgates.com
Robert Hadley
Partner
London
+44.(0).20.7360.8166
robert.hadley@klgates.com
Bertrand Dussert
Partner
Paris
+33.(0)1.58.44.15.28
bertrand.dussert@klgates.com
Wilhelm Hartung
Partner
Berlin
+49.(0)30.220.029-220
wilhelm.hartung@klgates.com
John Elgar
Partner
London
+44.(0).20.7360.8108
john.elgar@klgates.com
Olivia Lê Horovitz
Partner
Paris
+33.(0)1.58.44.15.27
olivia.lehorovitz@klgates.com
Alessandra Feller
Associate
Milan
+39.02.3030.2939
alessandra.feller@klgates.com
Christian Hullmann
Partner
Berlin
+49.(0).30.220.029.140
christian.hullmann@klgates.com
Dr. Till Fock
Partner
Berlin
+49.(0)30.220.029.320
till.fock@klgates.com
Boris Kläsener
Partner
Frankfurt
+49.(0).69.945.196.370
boris.klaesener@klgates.com
Please refer to the K&L Gates Regulatory Lawyer Index on page 12 for individual contact details.
13
14
Dorota Koseła
Associate
Warsaw
+48.22.653.4200
dorota.kosela@klgates.com
Philip Morgan
Partner
London
+44.(0).20.7360.8123
philip.morgan@klgates.com
Karol Lasocki
Partner
Warsaw
+48.22.653.4200
karol.lasocki@klgates.com
Annette Mutschler-Siebert
Partner
Berlin
+49.(0)30.220.029.355
annette.mutschler-siebert@klgates.com
Oliver Lewis
Associate
London
+44.(0)20.7360.8241
oliver.lewis@klgates.com
Lech Najbauer
Counsel
Warsaw
+48.22.653.4216
lech.najbauer@klgates.com
Ewelina Madej
Associate
Warsaw
+48.22.653.4237
ewelina.madej@klgates.com
Francesco Peruffo
Associate
Milan
+39.02.3030.2942
francesco.peruffo@klgates.com
Sasi-Kanth Mallela
Special Counsel
London
+44.(0)20.7360.8112
sasi-kanth.mallela@klgates.com
Warren Phelops
Partner
London
+44.(0).20.7360.8129
warren.phelops@klgates.com
Jennifer Marsh
Senior Associate
London
+44.(0)20.7360.8223
jennifer.marsh@klgates.com
Elizabeth Robertson
Partner
London
+44.(0)20.7360.8255
elizabeth.robertson@klgates.com
Andrew Massey
Partner
London
+44.(0).20.7360.8233
andrew.massey@klgates.com
Wladek Rzycki
Partner
Warsaw
+48.22.653.4205
wladek.rzycki@klgates.com
Scott Megregian
Partner
London, Brussels
+44.(0).20.7360.8110
+32.(0).2.336.1909
scott.megregian@klgates.com
Giampaolo Salsi
Partner
Milan
+39.02.3030.2950
giampaolo.salsi@klgates.com
Dominika Mizielinska
Of Counsel
Warsaw
+48.22.653.4213
dominika.mizielinska@klgates.com
Ariane Samson-Divisia
Associate
Paris
+33.(0)1.58.44.15.00
ariane.samson-divisia@klgates.com
Directory of Regulatory Lawyers in K&L Gates European Offices
Vittorio Salvadori di Wiesenhoff
Partner
Milan
+39.02.3030.2948
vittorio.salvadori@klgates.com
Oskar Tułodziecki
Partner
Warsaw
+48.22.653.4211
oskar.tulodziecki@klgates.com
David Savell
Senior Associate
London
+44.(0).20.7360.8266
david.savell@klgates.com
Frank Thomas
Partner
Frankfurt
+49.(0).69.945.196.270
frank.thomas@klgates.com
Rainer Schmitt
Partner
Frankfurt
+49.(0).69.945.196.290
rainer.schmitt@klgates.com
Philip Torbøl
Partner
Brussels
+32.(0)2.336.1903
philip.torbol@klgates.com
Mathias Schulze Steinen
Partner
Frankfurt
+49.(0).69.945.196.260
mathias.schulze-steinen@klgates.com
Marcin Trepka
Counsel
Warsaw
+48.22.653.4200
marcin.trepka@klgates.com
Agnieszka Suchecka-Tarnacka
Associate
Warsaw
+48.22.653.4217
agnieszka.suchecka-tarnacka@klgates.com
Michał Ziółkowski
Associate
Warsaw
+48.22.653.4291
michal.ziolkowski@klgates.com
Please refer to the K&L Gates Regulatory Lawyer Index on page 12 for individual contact details.
15
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