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  • Large Team Breaks Away From Vasil Kisil

    Based on press releases in apparent competition for the title of “most impressively professional and decent handling of team departure,” the news broke yesterday that five of Vasil Kisil & Partners’ eleven partners have left the highly-regarded Ukrainian law firm to start Aequo, a new firm in Kiev.

       

    Team of Partners Leaving Vasil Kisil & Partners

    Vasil Kisil & Partners issued its press release first, announcing in the morning that “Partners Anna Babych, Yulia Kyrpa, Denys Lysenko, Oleksandr Mamunya, and Mariya Nizhnik are leaving Vasil Kisil & Partners Law Firm to start a new law firm, named Aequo.” Senior Partner Vasil Kisil stated that, “We would like to thank our colleagues for many years of cooperation and are confident that the launch of a new player in the legal services market will foster the development of the legal services market in Ukraine. We are confident in our colleagues’ professionalism and sincerely wish the law firm Aequo every success in accomplishing its goals and objectives.”    

    Aequo’s statement came several hours later, with first Managing Partner Denys Lysenko asserting that: “We would like to thank our former partners and colleagues for long-term successful cooperation. We are convinced that our leaving VKP is a logical continuation of the professional team development. We strongly believe that these changes will contribute positively to the growth dynamics of both firms, and clients will win from clearer focus of each company.”  Aequo’s statement also explained that the name of the new firm comes from the Latin phrase “Ex aequo et bono” (“justice and fairness”). The partners claim to be “united by a common vision” and to “share common values: fairness, high ethical and professional standards, effectiveness and responsibility.”  They also explain that: “Aequo is a full-service law firm which provides integrated legal support in such spheres as Antitrust & Competition, Banking & Finance, Capital Markets, Corporate/ M&A, Dispute Resolution (Litigation and Arbitration), Intellectual Property, and Tax.”    

    Lysenko explained in a subsequent exclusive conversation with CEE Legal Matters that the internal announcement of the news was only made yesterday. Lysenko suggested Aequo would proceed under a slightly different business model. VKP, he pointed out, had “a vast number of practice areas,” whereas Aequo intended to focus more on transactional work — though he was careful to note that Aequo had a strong dispute resolution team as well.

    The departing partners continue to work at VKP while transitioning to Aequo, which, while already in business, should be “fully functional by mid-August.” Lysenko estimates that slightly more than 20 associates will be joining from VKP as well. Acknowledging that “of course there will be some time of challenges ahead to VKP, because this is a major event,” Lysenko took care to emphasize his respect and admiration for the firm, and the efforts both sides are making. “We are very much grateful to VKP, especially to Senior Partner Vasil Kisil, and for the expertise we were able to build,” he said. “We hope to be good friends going forward.” 

    Lysenko was Head of Vasil Kisil & Partners’ Corporate/M&A and Taxation Groups, and the Partners joining him in Aequo had similarly significant roles at VKP. Partner Anna Babych specialized in Capital Markets, Corporate/M&A, and led Vasil Kisil’s Crimean Desk. Yulia Kyrpa was Head of the Vasil Kisil Banking & Finance Group.  Oleksandr Mamunya was a partner in the firm’s Litigation & Arbitration and Intellectual Property Groups, and Mariya Nizhnik was Head of the firm’s Antitrust & Competition Group.   

    Editorial Note: Following the publication of this story, Vasil Kisil & Partners contacted us with the request to add the following statement from Partner Oleg Alyoshin:

    “Since the departure of some partners has not come to us as a complete surprise (we knew some time ago that it was going to happen), the management of VKP and the remaining partners were well prepared to deal with the situation. We are absolutely confident that at this stage VKP will be perfectly able to adapt and adjust to the departure and to keep the ongoing and further clients work on the highest level. Now the groups’ work will be taken over by the remaining partners and counsels.”

    Alyoshin added that the firm has “some further ideas” about how to effectively replace the departing partners, but explained that he did not wish to disclose those plans at the current time.

  • CMS Assists EBRD on USD 60 Million Loan for Grain Trans-Shipment Terminal in Ukraine

    CMS Cameron McKenna has supported the European Bank for Reconstruction and Development in its loan of up to USD 60 million to Brooklyn-Kiev LLC, a leading private stevedoring company in Ukraine, for the development of a grain trans-shipment terminal in the Port of Odessa with an anticipated annual throughput capacity of up to 4.5 million tons of grain.

    The project will be implemented jointly with Louis Dreyfus Commodities, a global leader in agribusiness, according to an agreement signed by the two companies, which intends to establish a joint venture for the development and management of the terminal and related activities. In addition to addressing the shortage of modern, deep-water port grain trans-shipment capacity in Ukraine, the terminal is expected to benefit the region by creating jobs and increase economic activity in the Port of Odessa area.

    Due to record grain harvests in Ukraine in recent years (around 60 million tons in 2013) the country is becoming an important global grain supplier. In this regard the EBRD reports that it is “paying special attention to the development of port grain terminals, which handle over 95 per cent of grain exports from Ukraine.” Sevki Acuner, EBRD Director for Ukraine, said: “We know how important the agribusiness sector is for the economy of this country. The Bank is very pleased to support this venture, which is the product of a partnership between a major international commodity trader and a leading local stevedoring operator. It demonstrates that foreign and local investors have confidence in the sector and in Ukraine.” 

    And Sue Barrett, EBRD Director, Transport, commented: “The project has both regional and national significance. This investment will strengthen Odessa’s position as a major grain handling hub and support economic growth in Ukraine. It is part of the EBRD’s strategy to support integrated transport solutions in the countries where we work.”

    The project is part of the EBRD’s efforts in Ukraine to support the real sector of the domestic economy. The Bank reports that it expects to invest around EUR 1 billion in the country in 2014, with the level of investment since February 2014 now standing at EUR 500 million. The EBRD is the largest financial investor in Ukraine, and as of the end of July 2014 the Bank has committed EUR 9.2 billion (USD 12.3 billion) through 329 projects in the country. 

    The EBRD legal team on the project was led by Counsel Viktor Antonov. Assistance on Ukrainian matters was provided by Kiev-based CMS Cameron McKenna Partner Daniel Bilak, and English-law support was provided by Bucharest-based CMS Partner Simon Dayes.

     

  • Schoenherr Advises Ashland on USD 1.8 Billion Sale of Water Technologies Business

    Schoenherr has advised Ashland on the Austrian aspects of its sale of its global water technologies business to the Clayton, Dubilier & Rice private equity fund.

    The transaction is valued at approximately USD 1.8 billion. Schoenherr reports that the sale was made so that Ashland can focus on its core specialty chemicals business. Ashland provides specialty chemical solutions to customers in a wide range of consumer and industrial markets in more than 100 countries. The company is listed on the New York Stock Exchange.

    The Schoenherr team was led by Partner Florian Kusznier, assisted by Associates Tamara Gaggl and Manuel Ritt-Huemer and Attorney Georg Adler.

    On non-Austrian matters, Ashland was advised by Cravath, Swaine & Moore and Squire Patton Boggs. Debevoise & Plimpton acted as lead counsel to CD&R.

    Earlier in the year, the same fund acquired the Mauser Group, reported on by CEE Legal Matters on May 13, 2014. 

     

  • Generali Group Names New HoL in Poland

    Michal Roguski has been named the new Head of Legal at the Generali Group in Poland.

       

    Michal Roguski

    In his new role — which began on July 1, 2014 — he oversees the legal operations of the four Group companies: the Generali Non Life and Generali Life insurance companies, Generali Finance, and the Generali Pension Fund.

    Roguski was promoted from within, as he has worked with the Generali Group since moving over from Bank BPH (GE Capital) in July, 2011. He reports being “pleasantly surprised by the decision of the Management Board,” as he was unaware they were considering him for the position, but excited about facing “this great and extremely interesting challenge.”

     

  • Tuca Zbarcea & Asociatii Advises on UniCredit Tiriac Bank – RBS Romania Deal

    Tuca Zbarcea & Asociatii has advised UniCredit Tiriac Bank on its acquisition of the corporate business of RBS Romania, the Romania branch of The Royal Bank of Scotland.

    The deal follows a previous agreement between the same financial institutions signed in April 2013. At the time, UniCredit Tiriac Bank announced it had acquired the Retail and Royal Preferred Banking business from RBS Romania, representing approximately EUR 315 million in assets and EUR 230 million in liabilities. The transaction now involves the corporate business of RBS Romania and refers to a total portfolio of aggregate assets of around EUR 260 million and corporate deposits of around EUR 315 million, according to a joint statement released by UniCredit Tiriac Bank and RBS Romania on Tuesday. 

    The Tuca Zbarcea & Asociatii team acting on behalf of UniCredit Tiriac Bank was led by Partner Mihai Dudoiu, who was supported by seven lawyers from the firm’s Finance, M&A, Employment, and Competition practice groups. In a recent statement, Dudoiu said that he anticipated, “an increase of transactional activity in the banking sector and I am not referring to finance, but to the sale of NPLs portfolio from local banks to foreign investors (mainly investment funds)”, and added that he expected more deals to follow as the Romanian financial services market undergoes major changes and consolidation. 

     

  • Liniya Prava Selected to Advise on Development of Vnukovo Airfield

    Liniya Prava has been retained to advise on the “Vnukovo Airfield Infrastructure Development” project. According to the firm, “the project involves preparation and conclusion of a concession agreement in relation to the airport’s airfield infrastructure between a grantor (a competent state authority) and a Vnukovo airport operator, which will allow [it] to raise finance from the Russian National Welfare Fund.

    The project will be implemented on the basis of ‘Moscow Air Cluster Development Scheme until 2030’ which regulates arrangements for airport infrastructure facilities management, as well as the development of airport external ground infrastructure and the Unified Air Traffic Control System.”

    The firm reports that its “comprehensive” legal support will include reviewing options to grant a concession for the airfield infrastructure, drafting a concession agreement, making necessary amendments to a business plan and an investment project passport, preparing arguments in favor of raising funds from the National Welfare Fund, and representing the investment project before the Ministry of Transport, the Ministry of Finance, and the Ministry for Economic Development.

     

  • KSB Succeeds in Proceedings Before Czech Supreme Administrative Court

    Kocian Solc Balastik has successfully represented the Radio and Television Broadcasting Council (RTBC) before an extended chamber of the Supreme Administrative Court in the Czech Republic, in a case involving the criteria by which a notice from the RTBC can constitute lawful grounds for imposing a penalty. 

    In 2009, the RTBC fined the CET 21 media company for failing to distinguish an ad from a particular show, as the Czech Radio and TV Broadcasting Act requires. CET 21 — which is owned by Central European Media Enterprises, itself a member of the Time Warner Group — sought to have the fine revoked before the Municipal Court in Prague, claiming that the RTBC merely referenced its prior notices without dealing with the specific contents of the case at hand. The Municipal Court in Prague ruled that such notices could not constitute grounds for imposing a penalty.

    However, on behalf of the RTBC, KSB filed a cassation complaint with the Supreme Administrative Court, which considered the matter in its extended chamber, since its previous decisions in the area were in conflict. 

    According to KSB, “The crucial issue concerned the interpretation of this expression: ‘conduct that has the character of conduct that was notified to the operator as unlawful.’ In other words, is it possible to fine a broadcaster for a hidden ad based on a previous notice from the RTBC which, however, concerned a different hidden ad? The Supreme Administrative Court finally agreed with the RTBC’s opinion that such a procedure is admissible. If it were not, it would not be possible to fine broadcasters for unlawful conduct since to be immune from punishment they would merely need to refrain from re-running the particular show.”

     

  • Wolf Theiss Advises Aurea on Acquisition of Update Software

    Wolf Theiss has advised Aurea Software on the acquisition of a majority stake in the Viennese update Software AG. 

    It was first reported a few weeks ago that Aurea Software was offering the shareholders of update Software EUR 3.44 per share. In the signed “Irrevocable Undertaking”, update Software’s major shareholders, including Qino Flagship, Pioneer Investments, and Axxion, committed themselves to accepting any public offer of Aurea Software within three days of the offer being made.

    The public offer ended yesterday, on July 31st 2014, on the condition that Aurea reached a minimum threshold of 50.1 percent of the shares. Wolf Theiss reported that the minimum threshold was indeed met, so that Aurea – a part of the Triology group – will take over the majority of update Software. 

    Wolf Theiss advised on the transaction as lead counsel; questions regarding German law were dealt with by the Munich-based m law group.

    In a firm press release, Wolf Theiss Partner Christian Mikosch stated that: “This was a precisely planned and very challenging transaction as the target company was headquartered in Austria and listed on the Frankfurt stock exchange.”   

     

  • Bondoc si Asociatii Advises on GDF SUEZ Energy Romania Transaction

    Bondoc si Asociatii has advised GDF SUEZ Energy Romania on its shareholding increase in Congaz from 28.59% up to 85.77%.

    This transaction was announced at the end of last month and received a favorable endorsement from the Competition Council. GDF SUEZ Energy Romania purchased both the shareholding of OMV Petrom and the one held by E.ON Ruhrgas International. Bondoc si Asociatii described the deal as “certainly one of the most important in the sector this year.”

    Bondoc si Asociatii — the firm led by Lucian Bondoc, the former Co-executive Partner of White & Case in Romania before that firm withdrew from the country — assisted GDF SUEZ Energy in the transaction and subsequent merger control clearance process. Bondoc himself led the firm’s team on the deal. 

     

  • Sorainen Adds Real Estate Team in Latvia

    Sorainen has announced that Latvian real estate and construction expert Laine Skopina and her team have joined the firm’s Riga office, where she becomes the firm’s 25th partner.

       

    Laine Skopina (sorainen.com)

    According to a firm press release, Skopina, “will contribute her 23 years’ experience to co-heading both the Latvian and the Regional Real Estate and Construction Teams.” The firm reports that Skopina is bringing a team for four lawyers with her, giving the firm “an unprecedented number of professionals working at one law firm in Latvia – 42.”

    Skopina joins Sorainen from competitor Borenius, where she had been since June, 2003. Skopina said of her decision to switch firms that: “Sorainen attracted me with its high standards of work and internal culture that promotes opportunities for individual development supported by a big regional team, as well as development perspectives for establishing a joint Real Estate & Construction Team. I am inspired to contribute my knowledge and experience plus that of my team in reaching common goals.”

    Eva Berlaus, Managing Partner of Sorainen Latvia, noted that this is the first time Sorainen Latvia has welcomed a team this large at the same time: “I am absolutely confident that the firm is ready for this step and we are capable of employing all opportunities that these changes will bring.”

    In addition to her Real Estate and Construction work, Skopina has experience in Labor law, and advises clients operating in the retail and trade, agriculture, and forestry sectors. She has also been an assistant to the Prime Minister in legislation issues. Her team includes Senior Associate Jevgenija Andronova (M&A, harbor operations, and advertisement rights), Senior Associate Viktorija Smirnova-Cerkasa (real estate, construction, and energy), Maris Simulis (employment dispute resolution), and Andris Vilisons (real estate transactions and dispute resolution).