Regulatory.

ISP Liability and Surveillance Measures.

Members of our team have been involved in ISP liability litigation, representing Belgian ISPs on various instances against copyright societies and individual rights holders. We have for instance successfully led the defense in court of an ISP qualifying as hosting provider against a request for takedown and staydown measure that was akin to a general monitoring obligation. We have also been involved in the Belgian court proceedings brought by a copyright society against an ISP qualifying as mere conduit provider applying for the implementation of filtering and surveillance software, which ultimately led to a successful preliminary ruling of the European Court of Justice.

Offline Sports Wagering.

We have defended an operator of a chain of sport-related theme cafés on grounds of operating an unlicensed sports wagering establishment.

State Aid in Gaming.

We advised a major European sector federation in proceedings before the EU General Court concerning the lawfulness of the European Commission’s state aid decision on differentiated tax rates for online and offline games of chance in Denmark.

Sector Advice to Private Equity.

We have advised the Board of Directors of a private equity fund on shareholder and director liability under national law related to unlicensed and/or foreign licensed operators of online games of chance and sports wagers, and on the possible impact of overriding principles of European law.

Cross-Border Lotteries.

We have defended a German lottery operator in criminal proceedings brought against it before the Belgium courts.

Applying for Gaming Licenses.

We have acted as lead counsel in the formal application process for several licenses, both for the provision of offline and online games of chance, lotteries and (sports) wagering.

Embedded Contract Negotiation Support.

We have successfully assisted commercial teams in negotiating and drafting frame agreements as well individual purchase agreements and change orders on NATO and NATO Nation level.

Sole Source Support.

We have advised Defense, Aerospace, Government and Mobility software vendors on justification grounds and contract wording to qualify for sole source contract awards.

Contract Award Challenges.

We have successfully brought informal and formal challenges to sole source contract awards to competitors resulting in retendering and/or rescoping of the contracts concerned. This involved representing the complainant in discussions and settlement meetings with the contracting authority.

National Public Safety Procurement.

We have assisted a major US Systems Integrator in bidding on a procurement program, and negotiating the ensuing contract, for the delivery of fregate ships to a European NATO Nation.

Systems Integrator Business.

We have successfully negotiated licensing terms, IRAD and shared IP agreements on behalf of Belgium-based software companies with various major European and US Systems Integrators.

Integrating FOSS in COTS Software.

We have audited the use of FOSS software within a commercially available SDK and have advised on adapting licensing terms and conditions as well as documentation to ensure full FOSS compliance without unduly burdening licensor and licensee commercial operations.

NATO Contracts.

We have successfully assisted commercial teams in negotiating and drafting frame agreements as well individual purchase agreements and change orders on NATO and NATO Nation level.

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