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Hunton Andrews Kurth LLP

Lucas Bergkamp

Lucas Bergkamp

Partner

Hunton Andrews Kurth LLP
Belgium

tel: +32 2 643 58 15
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Local Time: Tue. 03:25

Profile

Lucas’ practice focuses on meeting client needs for smart and cost-effective management of environmental, health and safety, life sciences, and other product regulatory issues. He assists clients with liability and related transactional work.

Trained as a lawyer and medical doctor, Lucas practices at the interface of regulatory law, policy and science. His professional training and broad experience enable Lucas to quickly analyze the key issues the client faces. He has represented multinational enterprises in a variety of environmental, health and safety, and life sciences-related matters at both compliance and policy levels. Whether clients face uncertainty arising in any number of areas, such as plant- and product-related environmental law, chemical law, contaminated sites regulation, medical devices, food and product regulation, biotechnology, health care, climate change-related policies, take-back, or packaging and waste regulation, Lucas applies a risk-based approach to provide tailored advice.

Lucas counsels clients on the laws of various European Union member states, interfaces between national laws and EC law, and adroitly negotiates a range of issues facing clients either looking to bring their product to market, or hoping to make inroads in an increasingly competitive global landscape. He works with clients to navigate questions arising from environmental and product liability, and proposed regulations, market access problems and technical trade barriers, seeking solutions that can mitigate risks both in the short term and in the future. When accidents happen, Lucas brings his extensive know-how in regulatory requirements applying in case of accidents, spills and incidents to bear, helping clients minimize the legal fallouts triggered in their wake. He also advises clients on European pharmaceutical, medical device, and health-related laws and policies. He has assisted several medical device companies with issues ranging from CE-marking and conformity assessment to clinical trial agreements and advertising.

Lucas is recognized as a leading regulatory lawyer in many legal directories and by many organizations, including Chambers Europe and Legal 500. He has published numerous articles and written several books on regulatory law, and co-authored books on chemical regulation, environmental liability, civil liability for terrorism-related risk, and EU legislative and regulatory processes. Recently, he authored several articles on climate change litigation and the 2015 Paris Climate Agreement. Lucas was a professor at the Erasmus University Rotterdam, Faculty of Law, for 10 years, and now teaches in the Masters of Energy, Environmental, and Climate Change Law Program at Catholic University of Leuven, KUL.

Relevant Experience

  • Advised consumer products and medical device companies on the full range of regulatory and liability issues associated with these products, including CE-marking, conformity assessment and certification, labeling, instructions for use, chemical restrictions and regulations, product stewardship and supply chain management, environmental compliance, product withdrawals and recalls, clinical trial agreements, sponsor agreements, distribution agreements, agreements with health care professionals, and related compliance, policy, and liability issues.
  • Advised the LOA REACH Consortium bringing together 50 of the World’s leading petrochemical companies, including ExxonMobil, LUKOIL, Petrobras, BP, Shell, LyondellBasell, INEOS, Total and Chevron ConocoPhilips.
  • Advised on a wide range of strategic and compliance issues arising under the REACH Regulation and other EU chemical legislation.
  • Advised major international chemical and medical device manufacturers on strategy and process in connection with proposed EU regulations restricting the use of key chemical products. 
  • Advised international mining companies on development of mining operations in sensitive areas, classification and management of tailings, and related issues.
  • Assisted the electronic industry with monitoring and analyzing existing and proposed European and national regulations that apply to electrical and electronic products, including WEEE, RoHS, eco design, energy efficiency and packaging, waste directives and REACH Regulation.
  • Counseled industry group on implementation of the Environmental Liability Directive, and assisted with developing guidance and best practices for national authorities.
  • Advised suppliers of equipment for nuclear power plants on nuclear liability and related regulatory issues. Represented multinational corporations in European law and policy making concerning products, focusing on prevention and mitigation of trade barriers.
  • Provided advice on contaminated sites, related investigation and notification requirements, remediation obligations and indemnification.

Bar Admissions

  • New York
  • Brussels, B-List

Education

JD, University of Amsterdam, 1985
Areas of Practice
Professional Career

Significant Accomplishments

  • Advised the LOA REACH Consortium bringing together 51 of the World’s leading petrochemical companies (including ExxonMobil, LUKOIL, BP, Shell, LyondellBasell, INEOS, Total and Chevron ConocoPhilips).
  • Advised international mining company on development of mining operation in UNESCO World Heritage Site.
  • Worked with medical device company on range of regulatory issues related to introduction of innovative medical device to European market.
  • Advised major international chemical company and major medical device manufacturer on proposed EU regulations restricting the use of key chemical products.
  • Assisted the electronic industry with monitoring and analyzing existing and proposed European and national regulations that apply to electrical and electronic products (EIATRACK).
  • Counseled industry group on implementation of Environmental Liability Directive and assisted with developing guidance and best practices for national authorities.
  • Represented client operating nuclear activity before the Belgian Constitutional Court in respect of the constitutionality of certain health, safety and environmental rules.
  • Advised suppliers of equipment for nuclear power plants on nuclear liability.
  • Helped global corporations and small and medium size enterprises manage international, regional and national regulatory requirements applying to their products, including design requirements (including EuP Directive), chemical restrictions (including the Marketing and Use and RoHS Directives), take back and recycling requirements (including the Packaging Waste, WEEE, and ELV Directives), registration and authorization requirements, notification obligations, labeling requirements, and advertising claims.
  • Advised on a wide range of issues under the REACH Regulation and other EU chemical legislation, including the EINECS and polymer exemptions, substance identity and impurities, eco-toxicity labeling, carcinogenicity labeling, reporting and informational requirements, and safety data sheets.
  • Advised on WTO law aspects of existing and proposed EU legislation, including fuel quality legislation, eco-design rules, take back regimes, and chemical restrictions.
  • Assisted with establishing web-based multi-jurisdictional regulatory tracking and compliance tools for technology companies.
  • Represented multinational corporations in European law and policy making concerning products, focusing on prevention and mitigation of trade barriers.
  • Advised on international business transactions, including acquisitions, distribution and licensing agreements, and related regulatory issues.
  • Provided advice on contaminated sites, related investigation and notification requirements, remediation obligations and indemnification.
  • Provided advice on liability implications of contemplated corporate restructuring and product introduction.
  • Advised on regulatory and liability issues in connection with genetically modified organisms and biotechnology.
  • Advised on food contact requirements for food packaging in several European jurisdictions.


Professional Associations

  • Director, Council on Product Stewardship and the Environment, Conference Board, 2007-present
  • Member, Advisory Board, Campaign for Fighting Diseases, 2005-present
  • Member Editorial Board, European Journal of Risk Regulation, 2010-present
  • Consultant Editor, European Environmental Law Review, 2004-present
  • Editor, European Journal of Health Law, 2004-present
  • Editor, "NVC/NNI", Packaging Standards Newsletter, 2004-present
  • Editor, World Data Protection Review, 2004-present
  • Associate Editor, Environmental Liability Law Journal, 2004-present
  • Member of the Advisory Board, World Food Regulation Review, 2004-present
  • Academic Advisor, European Risk Forum, Brussels

Professional Activities and Experience

  • Team named 2016 Law Firm of the Year for Environment Law, Who’s Who Legal, May 2017

  • 2017 Chambers USA Environment Law Firm of the Year
  • 2014 Recipient of Burton Award for Distinguished Legal Writing (Law Firm), Burton Foundation in association with the US Library of Congress.
  • Recognized as a Leader in Environment: EU Regulatory, Belgium, Chambers Europe, Band 1, 2009-2015
  • Listed for EU Regulatory Chemicals (REACH), Belgium, Legal 500 EMEA, 2013-2016
  • Listed for EU Regulatory Environment (including WEEE and RoHS), Belgium, Legal 500 EMEA, 2013-2016
  • Listed for Environment, Belgium, Legal 500 EMEA, 2013-2016
  • Listed for EU Regulatory - Pharmaceuticals and Biotechnology, Belgium, Legal 500 EMEA, 2013-2016
  • Listed for Environmental Law, Belgium, Corporate INTL, 2015
  • Chemical Law Firm of the Year, Belgium, Corporate INTL, 2012
  • Environmental Lawyer of the Year, Belgium, Corporate INTL, 2011
  • Listed in Environmental Law, Who’s Who Legal, 2015-present
  • Lawyer of the Year, Health & Safety - Belgium, Corporate LiveWire, 2014
  • Selected as a Lawyer of the Year for Regulatory Practice, Brussels, Best Lawyers, 2017. A description of the selection methodology can be found on Best Lawyers’ webpage.
  • Selected as a Best Lawyer for Regulatory Practice, Best Lawyers in Belgium, 2016-present. A description of the selection methodology can be found on Best Lawyers’ webpage.

Articles

From Talcum to Glyphosate: The Multi-Billion Dollar Battle to Define 'Risk'
Hunton Andrews Kurth LLP, April 2018

Activists are recasting risk in a way that can only damage industry Last August, a California jury awarded plaintiff Eva Echeverria a total of $417m in compensatory and punitive damages in a lawsuit against Johnson & Johnson (J&J). Her case was that the company should have warned consumers that studies had found an inconclusive correlation between ovarian cancer and talcum powder...

Additional Articles

  • Reformed TSCA and REACH: How Do They Compare?, Chemical Risk Manager
  • Does REACH have a 'chilling effect' on trade and investment?, New Europe
  • The EU should wrest back leadership on climate change from the courts
  • The Privacy Fallacy: Adverse Effects of Europe's Data Protection Policy in an Information-Driven Economy, Computer Law & Security Report
  • REACH: Where do we stand and where are we going?, Compounding World
  • Unbiased Safety Through Procedural Safeguards in TTIP, Atlantic-Community.org
  • EC Law For the New Economy, Intersentia
  • Legal and Administrative Systems: Implications for Precautionary Regulation, The Reality of Precaution, Comparing Risk Regulation in the United States and Europe, RFF Press
  • The hidden trigger of Paris: why the climate battle will now be taken to the courts, Energy Post
  • The Urgenda judgment: a ‘victory’ for the climate that is likely to backfire
  • Adjudicating scientific disputes in climate science: the limits of judicial competence and the risks of taking sides, Environmental Liability
  • Private Party Standing and EU Risk Regulation, European Journal of Risk Regulation
  • Is the data-sharing Regulation consistent with EU law?, ChemicalWatch
  • The European Union REACH Regulation for Chemicals: Law and Practice, Oxford University Press
  • The EU’s Product Stewardship Regulations Affect Global Supply Chains, Draft 14
  • Scientific and Policy Analysis of Persistent, Bioaccumulative, and Toxic Chemicals: A Comparison of Practices in Asia, Europe, and North America, Report of a Consensus Panel, Brussels
  • Perfect Storm in the EU: Tidal Wave of Product Regulation, Executive Counsel
  • Design and implementation of a governance system for the protection of the environment and public health in China, China-EU Law Journal
  • Managing Workplace Privacy, Bureau of National Affairs
  • REACH review – a lawyer's point of view, ENDSEurope (online)
  • An International Liability Regime for Biotech Food, World Food Regulation Review
  • National Parliaments Should Approve the Paris Agreement Before it is a Done Deal, EnergyCollective.com
  • Off-shore oil spills require government-industry co-operation, not more regulation and expanded liability, New Europe
  • Trade, the Precautionary Principle, and Post-Modern Regulatory Process, The European Journal of Risk Regulation
  • Data Protection in Europe and the Internet, EDI Law Review
  • Civil Liability for Terrorism-Related Risk, Cambridge University Press
  • Should Europe's Product Liability Regime Be Expanded?, Product Safety and Liability Reporter
  • Liability and Environment, Kluwer Law International, The Hague
  • Regulating Chemical Substances under REACH: The Choice between Authorization and Restriction and the Case of Dipolar Aprotic Solvents, Review of European Community & International Environmental Law
  • From Talcum to Glyphosate: The Multi-Billion Dollar Battle to Define ‘Risk’, Chemical Watch
  • Environmental Violations Can Lead to Criminal Charges Abroad, Executive Counsel, Volume 3 Number 5
  • Fossil fuel is like tobacco? Financial Post
  • The EU’s ineffective climate diplomacy post-Paris, EurActiv.com
  • The European Union’s Environmental Liability Directive: A Commentary and Analysis of Emerging Practices, Oxford University Press
  • REACH and the precautionary principle: costs and benefits of proposed EU chemical legislation, Environment & Health: Myths & Realities, International Policy Press
  • Electronic Contracting in Europe, Electronic Commerce & Law Report
  • Carbon Capture and Sequestration in Europe, Hunton & Williams White Paper
  • Nanotechnology Regulation in Europe: From REACH and Nano-Registries to Cosmetics, Biocides, and Medical Devices, 11 Nanotech. L. & Bus. 93
  • European Court Clarifies Application of ‘Polluter Pays Principle’ and Causation, JEEPL
  • EU Product-Related Standards Drive Product Design and Manufacture in Multinational Enterprise, Spotlight on International Business
  • Is There a Defect in the European Court’s Defect Test? Musings about Acceptable Risk, European Journal of Risk Regulation
  • EU Rule Sets Higher Standard For Medical Devices, Law360
  • Interim relief in case of inclusion of a substance on the REACH Candidate List, The European Journal of Risk Regulation
  • EU court makes it harder to fight candidate list inclusion, Chemical Watch
  • The Trojan Horse of the Paris Climate Agreement: How Multi-Level, Non-Hierarchical Governance Poses a Threat to Constitutional Government, SSRN (Social Science Research Network)
  • Regulating Chemicals under the REACH Regulation: The Choice between Authorization and Restriction and the Case of Dipolar Aprotic Solvents, Review of European Community and International Environmental Law
  • Managing Environmental Liability Risks in European Business Transactions, TMA
  • How the EU’s product stewardship regulations affect global supply chains, Trends, Volume 50, Number 5

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