Biography
Elien is an associate in the Dispute Resolution Practice at White & Case's Brussels office.
She represents and defends domestic and international clients in all types of commercial litigation, with a particular focus on complex contentious matters before Belgian courts, insolvency proceedings, international arbitration, and enforcement of arbitral awards. Elien also regularly assists in regulatory and white-collar crime matters, including cross-border internal investigations, and frequently appears before Belgian administrative courts.
Elien advises clients, particularly in the information technology, energy, automotive, and consumer products sectors, on EU and Belgian regulatory law compliance issues, including in the areas of ESG and environmental law, consumer protection, and product conformity, as well as on other complex regulatory instruments. Elien provides pro bono advice focused on asylum and humanitarian law, including in relation to the Ukraine war.
Elien completed a client secondment within the litigation and regulatory team of a major tobacco firm in London, advising on strategic EU-related issues. In 2022, she was also seconded for a year to our London office.
In addition to her legal practice, Elien was a teaching assistant in contract law at KU Leuven and acted as one of the Belgian experts in the context of the European Commission's evaluations of the implementation of EU legislation, particularly regarding the European Public Prosecutor's Office.
Experience
Technology, Regulatory and White Collar
Representing X Corp and X Internet Unlimited Company in a Belgian collective action brought by SOMI involving issues under the Digital Services Act, the GDPR and consumer protection law, coordinated with related proceedings in France, Germany and the Netherlands.
Assisting a multinational company in the food industry in regulatory and criminal proceedings in the context of environmental compliance issues.
Representation of a European importer of teak under criminal investigation for breach of due diligence obligations under the EU Teak Regulation in the wood sector.
Representing British American Tobacco in strategic regulatory litigations before EU and Belgian administrative, constitutional and civil courts concerning reduced-risk tobacco and nicotine products.
Advising major technology companies on EU, Belgian and Dutch rules governing platform content, takedown requests, online marketplace obligations and cooperation with regulatory and law-enforcement authorities.
Supporting automotive sector companies with regulatory compliance, product liability, cross-border litigation, and managing collective actions in Belgium.
Cross-Border Litigation, Arbitration and Enforcement
Representing shareholders of the Cosfibel group in a complex CEPANI post-M&A arbitration concerning SPA price-determination mechanisms following the acquisition of the group.
Advising the Federal Republic of Nigeria in relation to the seizure of an aircraft and related enforcement proceedings spanning Belgium, Switzerland, Nigeria, China and France, resulting in the withdrawal of proceedings following settlement negotiations.
Representing an international construction consortium (including Jan De Nul) in the exequatur proceedings before the Belgian courts of a €20 million-arbitral award.
Assisting Alstom in a €1.5 billion-plus ICC arbitration arising from its acquisition of Bombardier Transportation in relation to Belgian law issues.
Representing current and former directors appointed by MACIF in €3 million directors' liability proceedings arising from the acquisition and subsequent reorganization of a Belgian insurance company.
Representation of an Italian process-engineering company in liability and attachment proceedings in relation to a dispute with one of the subcontractors on the construction project for an oil refinery plant in Antwerp (Belgium) for Total Energies.
Restructuring, Insolvency and Distressed Situations
Advising Export Development Canada in the judicial reorganization of Vynova Belgium, protecting its approximately €14 million insured claim in proceedings involving more than 800 creditors.
Advising a major creditor in connection with insolvency and criminal proceedings relating to the bankruptcy of a Belgian company and the fraudulent misappropriation of company assets.
