Ludo M. Deklerck

As the resident partner in the firm's Brussels office, Ludo counsels Belgian, European, U.S. and other international clients on general corporate issues, commercial transactions, regulatory and compliance matters. On a nearly daily basis, he is involved in international commercial transactions, including among others mergers & acquisitions and the restructuring of companies throughout Europe, cross-border greenfield investments and joint ventures. He is also involved extensively in labor and employment issues. Ludo is a native Belgian and as a member of the Brussels Bar; he is authorized to represent clients before the courts.

Ludo is instrumental in working with European clients investing, operating in or trading with the United States.

On an EU-practice level, Ludo is involved in issues related to product liability, product safety, REACH and data privacy matters, where he assists and advises clients in compliance matters, conducting privacy audits, recall issues, and defective products.

Before joining Thompson Hine in 1990, Ludo worked and trained with two local Brussels firms, and before that was active in the family-owned trade and animal food processing business. Before undergraduate work, Ludo graduated from Abdijschool van Zevenkeren in 1978.

Ludo is a member of the firm's Corporate Transactions & Securities and Life Sciences practice groups. He is an active member of the firm's International Committee, which advises the firm's Executive Committee on international matters. Ludo also serves as a firm representative in various law firm networks.

• University of Louvain, Belgium, J.D., 1984
• University of Kortrijk, Belgium, B.A., 1980

• Illustrative transactions
• Spearheaded legal due diligence, negotiated and closed various complex and cross-border mergers and acquisitions comprising various European jurisdictions, including Belgium, the Dutch Antilles, the Netherlands, the Grand Duchy of Luxembourg, France, the United Kingdom, Germany, Denmark, Monaco, Spain, Portugal, Austria, Switzerland, Italy, Sweden, Finland, Russia, Ireland; both asset transactions and share purchases, in areas such as pharmaceutical companies, paper, blister & liquid packaging, metal construction, machine tool manufacturers, trading companies (textiles, medical and scientific tools and devices), services and consulting, and retail chains;
• Assisted a U.S. company in acquiring the assets of a food processing machine manufacturer; spearheaded the due diligence, drafted and negotiated the Share Purchase Agreement, and conducted the closing on behalf of the U.S. investor;
• Assisted a U.S. company in acquiring a 50% stake in a machine-testing company; spearheaded the due diligence, drafted and negotiated the Share Purchase Agreement, and conducted the closing on behalf of the U.S. investor;
• Assisted a German measuring services company in the acquisition of a 40% market share in Belgium by buying a cluster of companies in Belgium;
• Assisted a French company in setting up business in Belgium in the audio visual industry;
• Assisted a U.S. privately-held company to acquire a family-owned group of Belgian textile companies; spearheaded the due diligence, drafted and negotiated the Share Purchase Agreement, and conducted the closing on behalf of the U.S. investor;
• Assisted a UK company in the buyout of the majority shareholders of a group of companies, with subsidiaries in various European companies;
• Assisted retail chain in setting up operations in Belgium, Spain, Luxembourg and Germany; negotiated all the leasehold agreements of the retail stores in major European shopping centers;
• Assisted large Belgian synthetic textile manufacturers in the negotiation of distribution agreements;
• Assisted a Dutch food processing manufacturer in site location, incorporation and distribution matters.
• Assisted a French company acquiring a majority stake in a Belgian publicity firm;
• Concluded due diligence on the possible acquisition by a Dutch company of a Belgian telecom company;
• Spearheaded due diligence of the acquisition by a Dutch/French holding company of a Belgian leisure park company;
  
  
• Recent general corporate work
• Assisted a French company active in the defense industry with respect to its holdings in a Belgian manufacturer of military equipment and armored vehicles and the restructuring thereof;
• Assisted the Belgian partner of a global public affairs group on its substantial restructuring of operations in France;
• Assisted a U.S. public company in various corporate and general legal matters pertaining to its more than a dozen European operations;
• Advised various Belgian companies on investment strategy in the U.S., including corporate structure, start-up costs and issues, choice of locations and site, H.R. matters including hiring and firing issues, technical standard compliance;
• Advised various Belgian companies in general corporate-related issues of doing business in the U.S.;
• Assisted Belgian software company in setting up in the United States;
• Assisted a Belgian food processing company in setting in the northeastern United States;
• Assisted a Belgian manufacturer of food additives in setting up and conducting business in the United States;
• Assisted various U.S. manufacturers and corporations in registering Trademarks and Designs at the Benelux Trademark office;
• Advised major publicly-held pharmaceutical company on various aspects of marketing of new pharmaceutical products and services;
• Advised a medical devices company and a pharmaceutical company in competition issues;
• Advised a large Dutch food processing manufacturer in its trade operations in the United States;
• Assisted U.S. public company in major restructuring projects involving more than a dozen subsidiaries throughout Europe, including the United Kingdom, Germany, Benelux, France, Czech Republic, Austria, Croatia, Hungary, Italy, Denmark, Finland, Poland, Sweden and Russia;
• Advised publicly-held Belgian company in setting up operations in the U.S., handled and coordinated major litigation in the U.S. for the U.S. subsidiary, and assisted in the drafting and negotiation of sales and purchase agreements;
• Advised publicly-held Belgian textile company on distribution agreements, termination of sales representative for the U.S. and Canada; and
• Assist a global manufacturer of linen in transfer pricing matters;
  
  
• Recent projects in Life Sciences
• Advise a large global pharmaceutical companies on a wide variety of trade issues, including trade practices and competition, patient consent, data privacy, website;
• Assisted global pharmaceutical company in competition litigation before the local competition authorities;
• Assist CRO companies in supply chain issues, corporate and labor & employment matters;
• Assisted medical device company in regulatory matters, bidding and tenders, contract review;
• Assisted global child food manufacturer in lobbying to obtain market access and reimbursement as pharmaceutical product for human use;
• Assisted food manufacturer in competition issues and marketing strategy;
  
  
• Recent regulatory projects compliance and projects - Data Privacy - Product Safety - REACH
• Assisted U.S. and European corporations on a variety of issues in connection with the collecting, processing and storing of personal and sensitive data (including medical data), the outsourcing of these activities, the compliance with European  Privacy laws and regulations, the monitoring of the work place, the use of the Internet, e-mails sent by employees, and the use of cookies and meta-tags and spam monitoring systems; preparing audits of same and drafting of Internet and Privacy Policies, advising, negotiating and implementing of Safe Harbor, Binding Corporate Rules and Model Contracts, (informed) consent concerns, and the international transfer of data;
• Assisted a U.S. bank in drafting personal data transfer agreements;
• Assisted a global tire manufacturer in the collection, storing and transferring of employee data on global basis;
• Assisted a U.S. global manufacturer with subsidiaries in a number of European countries in its Safe Harbor registration and re-certification process;
• Assisted a U.S. subsidiary of Danish corporation in product liability issues;
• Advised a large European producer of synthetic food additives in respect of compliance with REACH;
• Regularly assisted a world leader in lawn machines regarding product safety programs;
• Assisted and advised publicly- and privately-held U.S. manufacturers on product safety and technical standards and represented same before European Standardization bodies including BIN, DIN, AFNOR, CEN & CENELEC;
• Assisted a Belgian manufacturer of lighting devices in UL labelling and certification matters;
  
  
• HR - Labor & Employment
• Assisted the Belgian branch operations of UK subsidiary of a U.S. global CRO in post merger consolidation of work forces;
• Assisted a CRO in termination matters;
• Assisted public affairs agency in labor and termination matters and successfully conducted several termination negotiations, avoiding litigation;
• Assisted a German company in its restructuring in Ireland, Israel, UK and The Netherlands;
• Assisted a Dutch company in the handling of downsizing matters and HR-related issues both in Belgium and in the United States;
• Assisted a Dutch technical software company in handling the removal of directors and officers of its U.S. subsidiary;
• Coordination of work & residency permits, Visa and general immigration policies;
• Assisted U.S. corporations in the immigration of senior executives from the U.S. to Belgium, including banks and manufacturers;
• Regularly assists and advises multinational companies with hiring and firing of executives, senior employees and sales representatives, including deployment of non-residents and ex-patriots;
  
  
• Illustrative litigation
• Advised clients on moral harassment, successfully conducted litigation against plaintiffs and public prosecution investigations for alleged harassment of certain employees by management;
• Successfully conducted numerous litigation cases on various commercial matters including injunction (kortgeding/referees) procedures in unfair trade practices and competition, product liability and contractual disputes;
• Represented clients on impounding assets, including large aircrafts.
• Successfully represented employers in numerous termination cases brought before court by employees or labor unions;

• Co-Author, "Setting Up in Belgium: A Summary for the U.S. Business Executive", Belgian Embassy, Washington, D.C., (also translated in Korean), May 1994 to 2009 editions
• Co-Author, "Brussels Capital Region Investment Guide" · Ecobru, 2002 - 2003
• Co-Author, "Setting Up in Flanders: A Legal Guide to Establishing a Business in Flanders" · FFIO, 2000
• "U.S. Companies send warning on Belgium investment climate" · AMCHAM Magazine, Fourth Quarter, 1998
• "Are Belgium's efforts to tackle unemployment feeble?" · AMCHAM Magazine, Fourth Quarter, 1997
• Co-Author, "Comparative Advertising Directive May Harmonize National Rules, but EU Still Cool To Marketing Strategy" · Eurowatch, LRP Publication, December 23, 1995
• "ILT 1995 Belgium Report" · The Economist Intelligence Unit, 1995

• "Doing Business with the USA", Seminar, U.S. Commercial Services, Flanders Investment and Trade, Brussels,, October 15, 2009
• "Restructuring of Global Companies in Europe", Employment and Industrial Relations Committee, Panel Speaker, IBA, Madrid, October 6, 2009
• "Trade with the USA", Workshop, Global (Voka), Antwerp, February 12, 2009
• "Selling to the European Union, Product Safety", US Commercial Services, Live Videoconferences, Brussels,, September 12, 2008
• "Immigration Policies in a Changing Legal Environment", Association of Belgian Relocating Agents (ABRA); Brussels, March 4, 2008
• "Doing Business in the USA", Voka Antwerp, November 21, 2007
• "Legal Framework in Europe", Xavier University EMBA program, June 2007
• U.S. Trade Mission, National Association of Women Business Owners, Doing Business in the EU, Brussels, February 8, 2007
• Flanders Investment & Trade, Trade with the USA Workshop, Kortrijk, December 12, 2006
• Flanders Investment & Trade, Trade with the USA Workshop , Grobbendonk, December 5, 2006
• "Evolving Global Standards of Protection of Privacy and Confidentiality in the Workplace: Balancing the Rights of Employees With the Legitimate Business Interests of Employers", Employment and Industrial Relations Law Committee, speaker, IBA, Chicago, September 19, 2006
• "Doing Business in the USA", Unizo, Brussels, December 2, 2004
• Xavier University EMBA program, "European's Legal Frame Work", Brussels, June 2004
• "Why Invest in the U.S. Midwest?", ABN-AMRO, Amsterdam, May 6, 2004
• Center for International Legal Studies, "Globalization of Employment, Transfer of Data across Europe", Kitzbühel, Austria, January 26, 2002
• "Personal Data Collection and Privacy: Implementation and Pitfalls for U.S. Companies", sponsored by Thompson Hine LLP, Cleveland, September 11, 2001
• Personal Data Collection and Privacy: Implementation and Pitfalls for U.S. companies, sponsored by Thompson Hine LLP, Cincinnati, June 5, 2001
• American Chamber of Commerce - US Embassy, Foreign Investors Agenda, In-house presentation to Belgian Government, Brussels, May 22, 2001
• Second International Conference, Globalization of Product Liability, Hiring Trial & Commercial Counsel, Defense Research Institute, Brussels, May 16-18, 2001
• National Employment Research Institute (NERI), "Employment Law in Belgium," Seminar, Brussels, October 10, 2000
• Center for International Legal Studies, Project Finance, Environmental Due Diligence and Banking Requirements in Belgium, Kitzbühel, Austria, January 23-27, 2000
• Chamber of Commerce & Industry of Antwerpen, Seminar, SME's Meet the World, "Enkele Juridische Elementen bij het Zaken doen in America", Antwerpen, December 9, 1999
• U.S. Embassy, Seminar, "Conducting Business in America, Legal Issues, Successful Cases," sponsored by Thompson Hine LLP, Brussels, September 30, 1999
• Innovation & Incubation Center, Free University of Brussels (V.U.B.) "Setting up in Belgium, Legal Briefing", Brussels, June 24, 1999
• Global Business Initiatives, "Principles of Law", Xavier University, Brussels, June 21, 1999
• U.S. Department of Commerce, "Information and Communications Technology Trade Mission '99: Doing Business in Belgium", Brussels, May 19, 1999
• Center for International Legal Studies, "International Employment Law in the Era of the Multinational Employer and the Global Workforce 2000: The Belgian Experience", Kitzbühel, Austria, March 21-27, 1999
• Chamber of Commerce of Kortrijk, Seminar, "Doing Business in the U.S.," Legal Aspects, Kortrijk, February 10, 1999
• Chamber of Commerce of Antwerpen, Seminar, "Doing Business in the U.S.," Legal Aspects, Antwerp, February 9, 1999
• Attitudes, Seminar, "How to Communicate in the U.S.," Juridische Elementen by het Oprichten van een Ondernneming in de U.S., Brussels, January 27, 1999
• EFE-Brussels, Responsabilité du Fait des Produits, Seminar, "le Cas Américain", Brussels, January 19-20, 1999
• American Business Club, Export Centre, Chamber of Commerce of Kortrijk, several contributions to seminars, Kortrijk, 1999-2000
• Belgian Foreign Trade Board, "Current Developments in the U.S. - Belgian Trade and Investment: The Product Liability Threat, Brussels, December 1, 1998
• American Chamber of Commerce, Seminar and Press Conference, "The U.S. Direct Investment Survey [in Belgium] 1998", Brussels, November 28, 1998
• Special Librarians Association, "Global Harmonization in the Pharmaceutical Area, the European Prospective", Seattle Convention, June 1997
• Trends Seminar, "Legal Pitfalls in Connection with Investment in the Great Lakes Area", Antwerp, 1997
• Kent State University EMBA Program, Brussels, 1997
• U.S. Department of Commerce, Eurobenefit Matchmaking Exhibition, Brussels, 1997
• Xavier University EMBA Program, Brussels, 1992

• Dutch
• French
• German