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Prof. Lucas Bergkamp

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 client 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.

Memberships

  • 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

Awards & Recognition

  • 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.

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