Category: Russia

  • The In-house Buzz: Interview with Timur Khasanov-Batirov of the STADA Group

    “As compliance practitioners, we had to go through a major shift recently with going online, which is quite a new thing in our sector,” says Timur Khasanov–Batirov, Head of Compliance, Russia & CIS at the STADA Group.

    “It’s two different universes for us,” Khasanov–Batirov says. “You have to deliver your message to many people who aren’t around you. It’s still hard to tell which one I’d prefer, but we are getting used to this, nonetheless.”

    “Another thing GC’s have to deal with is managing people, but I never felt like that was much of a challenge, and that hasn’t changed for me,” Khasanov-Batirov says. He believes that, contrary to popular belief, productivity has increased under the “new normal.” According to him, “we now have to structure our work, and we need a fast and organized decision-making process, with no time wasted. That led to more productivity and greater efficiency since the new way of working was introduced.” 

    Khasanov-Batirov says that the beginning of the year was good for the pharmaceutical industry because people increased their purchases of medicines when they realized a health emergency was about to strike. “That trend stopped soon, once everybody filled their shelves, and the demand for medicine came to a visible slowdown.” He concludes that both the buyers and the employees needed time to adapt to the situation, but are now more used to it, and he believes that “things are getting back on track.”

    The biggest challenge for compliance practitioners is to comply with a lot of anti-corruption issues that recently came up, Khasanov–Batirov says, “but the challenge came mostly from the fact that we needed to comply while completely changing the way we work.” Another challenge compliance counsels face, he says, regardless of the sector they are working in, is how to extract the necessary information when you are faced with the dozens of new pieces of legislation that are constantly appearing on the horizon. He argues that the way to deal with this is “to focus and try to find the red flags and realize what is relevant. This prevents a cluster from forming and makes lives easier.”

    Khasanov-Batirov agrees with the conviction among many GCs working in CEE that their work has now become less about “lawyering” and has become more business-oriented, and he reports that “nobody needs the same kind of a General Counsel that was operating in 2005.” According to him, “of course, you have to use your legal background, but the focus has now shifted towards business development, risk management, and so on. I realized that I needed to make that shift some seven years ago, and now I’m used to it and prepared for the challenges. Now, my team and I are helping others overcome the issues and make themselves ready for the new needs of a highly competitive market.”

    Originally reported by CEE In-House Matters.

  • KIAP Starts Family and Inheritance Law Practice

    Russia’s KIAP Attorneys at Law has announced the opening of a Family and Inheritance Law Practice.

    According to KIAP, “the opening of a new direction is due to a significant increase of profile requests from current and new clients … as well as the strengthening of expertise as a result of the successful implementation of a number of projects in this field.”

    “As part of the Family Law area,” KIAP reports, “KIAP lawyers will provide the clients with full support at the pre-trial stage of the process, negotiate and help to protect family assets, and, if necessary, represent their interests in courts of general jurisdiction in all types of disputes, including disputes over the division of jointly acquired property, on the payment of alimony, determination of the place of residence for children and the communication procedure with them by one of the spouses, as well as on the establishment of paternity and divorce in court. Besides, KIAP lawyers will represent the clients’ interests in inheritance disputes, as well as advise on the conclusion of a marriage contract or an agreement on the division of jointly acquired property, including common business.”

    The practice will be led by Attorney Julia Yanygina, who, KIAP reports, has “over 20 years of practical experience in the field of litigation, including more than ten years in resolving family and inheritance disputes in court and at the pre-trial stage.” According to the firm, “in Julia’s practice, there are a number of high-profile cases related to the division of the spouses’ common property and the procedure for communicating with children. In addition, Julia specializes in pre-trial negotiations of the parties, mediation and marriage contracts.”

    Yanygina graduated from the Finance faculty of Fadeev Yakutsk Financial College in 1995 and obtained her law degree in 2001 from Moscow State Open University.

    “The necessity to set apart the practice of Family and Inheritance Law into an independent direction is due to a large number of ongoing requests from our clients with complex but very sensitive issues related to family, children, common property, and business,” commented KIAP Managing Partner Andrey Korelskiy. “In such matters, mediation and the ability to build the negotiation process so as not to bring the case to court are always extremely important, and if the trial is inevitable, to provide qualified assistance, taking into account the interests of all parties as much as possible. We have all necessary capabilities for this – and now, when Julia joined us, it’s time to set them into motion.”

    “I am happy to lead the new practice and hope that my experience will be a good foundation for the development of a new direction. Twenty years of experience has shown me that a well-structured negotiation process can help to resolve most issues without a trial. It is great that we have a common vision in this and other important issues, which means we are seeing eye to eye with KIAP, and so we have many important tasks and interesting projects ahead, ”added attorney at law Julia Yanygina.

     

  • Lawyers from White & Case Moscow on Team Advising Consortium of Investors on Arc Holdings Reorganization

    Lawyers from White & Case’s Moscow office have joined the firm’s multi-office team advising a consortium of French and international investors on the global reorganization of the relationships and obligations between Arc Holdings, its shareholder, bondholders, and public authorities.

    According to White & Case, “on August 14, 2020, the Lille-Metropole Commercial Court approved a conciliation agreement providing for a new loan of EUR 108 million granted by the French state, the Hauts-de-France region, and the Communaute d’agglomeration du Pays de Saint-Omer to the Arc Group, a leading French manufacturer of tableware and glassware, which has been weakened by the coronavirus crisis. The agreement is accompanied by the establishment of a distribution partnership and a long term license agreement with Arc Group’s Russian production subsidiary. This agreement was negotiated under the supervision of the CIRI (Comite Interministeriel de Restructuration Industrielle).”

    The White & Case team was led by Paris-based Partners Saam Golshani and Alexis Hojabr and included Paris-based Partners Alexandre Ippolito and Clara Hainsdorf, Moscow-based Partner Andrei Dontsov, Paris-based Associates Alexandre Balat, Alice Lonard, Margaux de Lembeye, and Claire Sardet, and Moscow-based Associate Jiutuo Sun.

  • DLA Piper Appointed Pro Bono Legal Partner to Russian Chapter of World Economic Forum’s Climate Governance Initiative

    DLA Piper has been appointed as a legal partner to provide pro bono legal assistance to the Russian Chapter: the Russian hub for the global platform on climate change that operates under the auspices of the World Economic Forum’s Climate Governance Initiative.

    According to DLA Piper, “the World Economic Forum Principles for Climate Governance for boards, published in January 2019, has prompted groups of board directors around the world to form networks committed to promoting the principles and encouraging action in their companies to deal with the implications of climate change. The CGI has already seen the launch of national chapters in eight G20 countries.” The firm will be “providing pro bono assistance with the establishment of the chapter in Russia, corporate governance matters and ongoing legal support.”

    DLA Piper’s team is led by Moscow-based Partner Steffen Kaufmann and includes Brussels-based Counsel Alec Van Vaerenbergh and Moscow-based Associate Nikita Shabalin.

  • EPAM Advises Rusal on Re-Domiciliation Process

    Egorov, Puginsky, Afanasiev & Partners has helped aluminum producer Rusal register as a new resident of the Special Administrative Region on Oktyabrsky Island in the Kaliningrad region of Russia.

    According to EPAM, “the Special Administrative Regions were created in Russia in 2018 and operate on Russky Island (in Primorsky Krai) and Oktyabrsky Island (in the Kaliningrad region). The registration of foreign legal entities is carried out through the management companies JSC Corporation for the development of the Far East and JSC Corporation for the development of the Kaliningrad region. This is provided through the re-domiciliation procedure.”

    The Egorov Puginsky Afanasiev & Partners team included Partner Dmitry Stepanov, Counsels Oleg Ushakov and Daria Ilyina, Senior Associates Teymur Guseynov and Maxim Baryshev, and Associates Gilyana Haraeva and Andrey Golovanev.

  • DLA Piper Advises VNV Global on Investment in NaPopravku Healthcare Platform

    DLA Piper’s Moscow office has advised VNV Global on its approximately USD 2 million investment in NaPopravku.

    According to DLA Piper, “NaPopravku is a Russian online appointment service for clinics and doctors, which allows users to select a doctor based on reviews, compare prices, and make appointments in a private or public clinic without making a call.”

    VNV Global is a Swedish investment company founded in 1996 that primarily focused on companies in the mobility, digital health, and advertising sectors.

    DLA Piper’s team included Partner Leo Batalov, Legal Director Andrei Sheetkin, and Associate Tatiana Askarova.

  • Olga Gulyaeva Joins Legrand in Russia

    Olga Gulyaeva has joined Legrand as Director of Legal and Compliance Officer.

    As part of Gulyaeva’s role, she will provide the company with legal support on its economic activity in Russia & CIS, compliance, company policies and procedures elaboration and implementation, and corporate governance.

    Gulyaeva started her legal career in 2009 as a legal manager at Nokian Tyres before joining Bridgestone as Head of Legal in 2018.

    Originally reported by CEE In-House Matters.

  • DLA Piper Advises ADG Group on Acquisition of Cinema Operator in Russia

    DLA Piper Moscow has advised the ADG group on the acquisition of Russian cinema operator Modern.

    The ADG group was founded in 2004 for the development of large regional centers in Russia. The company’s portfolio contains more than a million square meters of projects throughout the country.

    Modern is an anchor tenant in the ADG group’s Neighbourhood Centres project, which the firm describes as “a new commercial real estate asset class” redeveloped from “39 outdated cinemas located in Moscow’s densely populated urban areas” that were acquired by the ADG group in 2014. According to DLA Piper, “Modern, with its 33 cinemas, will offer a choice of Russian and international films on 160 screens.” 

    DLA Piper’s team consisted of Partner Julien Hansen and Associate George Avery.

  • The Buzz in Russia: Interview with Anton Bankovskiy of CMS

    Partly due to the Covid-19 pandemic, Russia’s legislative process has slowed down, says CMS Moscow Partner Anton Bankovskiy. “However,” he says, “the ‘regulatory guillotine,’ – the ongoing process of amending or eliminating the many laws remaining from the country’s Soviet past – has picked up pace.” In addition, he says, “the State Duma recently passed new laws introducing the ‘regulatory sandbox’ framework, which enables companies and entrepreneurs to implement innovative technologies, unrestricted by the current legal limits related to those technologies.” 

    The economy itself is fairly stable, Bankovskiy says, noting that that “other than the Nord Stream 2, I am not aware of any major new developments.” Well, except for one. “Of course, the pandemic has affected our economy as well, so some industries are not very active. There has been a noticeable drop in M&A transactions and the corporate sector as a whole. Which isn’t to say that law firms have no business, of course, as we can see an increase in litigation and other dispute resolution practices.”

  • RGP Successful in Defense of Right of Russian Lawyers to Assert Attorney-Client Privilege in English Court Proceedings

    Rybalkin, Gortsunyan & Partners, working with Debevoise & Plimpton and Henry King QC as part of PJSC Tatneft’s legal team, has successfully defended the right of Russian lawyers to claim attorney-client privilege in English court proceedings.

    Tatneft is a Russian oil company that also holds assets in financial companies. RGP describes Tatneft as “one of the largest Russian public companies with a market capitalization of over USD 28 billion as of the end of 2019.”

    According to RGP, on September 11, 2020, the High Court of Justice in London “handed down a landmark judgment for the Russian business and legal community in the case of PJSC Tatneft v Bogolyubov & Ors (Case No: CL-2016-000172), [holding] that under English law, legal advice privilege extends to communications between a client and Russian lawyers whether they are in-house lawyers or outside legal advisers, irrespective of their status.”

    According to RGP, the work of PJSC Tatneft’s legal team in this matter “has resulted in a precedent being set that will protect the Russian business community’s interests in the English courts.”

    “In her judgement,” RGP reported, “Mrs Justice Moulder considered the applicability of legal privilege under English law to a client’s relationship with foreign lawyers and held that legal privilege in English proceedings applies to communications with foreign lawyers, including in-house lawyers, irrespective of their status under national professional regulations. Mrs Justice Moulder advanced a pragmatic approach underlining that in order for privilege to apply the lawyer merely has to be providing legal advice in its professional communications with the client. In the Court’s opinion, this is sufficient for treating such communications as legally privileged and, therefore, not subject to disclosure to the other party according to the general rule in English proceedings.”

    Ultimately, RGP concluded, “Mrs Justice Moulder noted that applying privilege only to Russian trial attorneys, as was demanded by the parties opposing Tatneft, would be unfair since it would leave unprotected client communications with in-house lawyers and external advisors having no trial attorney status.”

    “We are very happy with the judgment and consider it fair and just,” said Peter Gloushkov, Advisor to the General Director of Tatneft, “It is difficult to imagine the consequences of depriving Russian businesses of their right to assert legal advice privilege in English courts. I believe that in these proceedings we have succeeded in protecting the interests of the entire Russian business community.”

    “This kind of forward-thinking approach espoused by the English legal system is certainly good news, especially given the sheer number of cases involving Russian parties pending in English courts,” added RGP Partner Ilya Rybalkin. “Had the High Court refused to extend legal advice privilege to relations between clients and their Russian non-advocate lawyers, this would have resulted in substantial difficulties not only for the Russian business community but also for companies from most civil law jurisdictions.”

    Editor’s Note: After this article was published, Debevoise announced that its London-based team had included Partner Kevin Lloyd, International Counsel Akima Paul Lambert, and Associate Emma Laurie-Rhodes.