Category: Russia

White & Case has advised Russian online search provider Yandex on its proposed acquisition of rights to a four hectare plot of land in Moscow for the construction of its new headquarters.

The total acquisition cost of the land will be approximately USD 145 million.

White & Case advised Yandex on a series of agreements with the owner of the principal facility, which is located on Kosygina Street in Moscow, as well as other owners of smaller adjacent facilities. The closing of the acquisition remains subject to certain conditions, including approval by the Moscow City Government. 

The White & Case team was led by London and Moscow-based Partner Eric Michailov and Moscow-based Counsel Daria Plotnikova and included Moscow Local Partner Ekaterina Logvinova, Counsel Pavel Boulatov, and Associates Timofey Neklyudov, Evgeny Chernyavsky, Adel Shageev, Maria Kulmukhametova, and Alexander Sysoev.

White & Case did not reply to our inquiries about the deal.

Alexandra Fasakhova has joined Danilov & Partners as partner.

According to Danilov & Partners, Fasakhova advises clients on a range of general corporate and finance transactions and regulatory matters. The firm reports that “she also advises an international development bank on various financial markets law reform projects in countries of the former Soviet Union and other emerging markets.”

“I am happy to become a partner in a firm where people have same values and attitude to the legal profession as I do,” Fasakhova said. “Danilov & Partners’ philosophy – ‘Big Law. Flexible Firm’ – reflects my own perceptions of a modern law firm. From my very first day here, I have been involved in the largest projects of the firm and I am excited about our common perspectives.”

Before joining the firm, Fasakhova worked in-house at the EBRD and global container shipping company A.P. Moller, as well as in private practice with Allen & Overy and Liniya Prava. 

Fasakhova received her education from the Leiden University in Netherlands and the Russian School of Private Law. She also studied at Russia’s Ural State Law Academy.

Bryan Cave Leighton Paisner (Russia) LLP, formerly Goltsblat BLP in Russia, has announced that Tatiana Parshak, already the head of the firm’s Banking and Finance group, will become Partner on January 1, 2019.

According to Bryan Cave Leighton Paisner, Parshak “is qualified to practice in Russia and has advised clients on a broad range of finance and banking transactions, such as general secured and unsecured bilateral and syndicated lending, real estate finance, project finance, asset finance and capital markets transactions, including securitizations, DCM, and derivatives-related matters.” In addition, the firm reports, “over her seven years with Bryan Cave Leighton Paisner, [she] has been directly involved in many highly complex projects and deals, her clients including VTB Bank, Raven Property Group, International Investment Bank, GTLK Europe DAC (a subsidiary of State Transport Leasing Company – GTLK) and others.”

Parshak joined legacy Goltsblat BLP as an associate in August 2011, after spending one and a half years at JSC Russian Standard Bank and two years with Clifford Chance.

Egorov, Puginsky, Afanasyev and Partners has persuaded Russia’s Bureau in the Chamber for Patent Disputes to overrule the decision of Rospatent and register a new trademark in the name of “Abrau-Durso.”

According to EPAM, “In March 2018, Rospatent denied Abrau-Durso the registration of the ABRAU JUNIOR trademark (for a new line of highly carbonated soft drinks based on grape juice), just as it had previously refused to register some other brands from the ABRAU line. An obstacle for registration was the established practice of Rospatent, according to which it is impossible to register as a trademark a designation similar to the name of the place of origin of the goods ‘Abrau-Durso’ in relation to any other goods and services.”

The EPAM team was led by Pavel Sadovsky, Head of Intellectual Property/TMT at EPAM, and Senior Associate Irina Kosovskaya.

Egorov Puginsky Afanasiev & Partners, working with Tilling Peters, has successfully represented the interests of German multinational Bayer in a patent dispute before Russia’s Intellectual Property Court, which overturned previous court rulings in the case.

According to EPAM, “Bayer, which makes the innovative cancer drug Nexavar, was forced to turn to the courts in a bid to protect its exclusive rights and prohibit local manufacturers from distributing generic versions prior to the expiry of its patent. The respondent in the case, a Russian manufacturer, submitted a counter claim asking for a compulsory license to be issued in advance of the patent’s expiration date.”

“In considering Bayer’s case,” EPAM reported, “the court of first instance and court of appeal declined, on formal grounds, to carry out a judicial patent review. The courts assessed the patent details presented in the case materials independently, and incorrectly concluded that there was no proof that our client’s patent had been used in the respondent’s drug. This ruling effectively rendered Bayer unable to legally protect its intellectual property rights, but was overturned by the Intellectual Property Court, which sent the case back for reconsideration.”

Bayer’s interests were represented in court by EPAM Partner Valery Eremenko and Counsel Vera Rikhterman, and by Tilling Peters Senior Partner Ekaterina Tilling and Associate Ekaterina Lobysheva.

Lidings has become an official authorized provider of legal services for participants and residents of Russia’s Skolkovo Technopark.

The Skolkovo Innovation Center is a high technology business area that is being built in the Mozhaysky District of Moscow. Corporations and individuals will become “residents” of the city, with proposed projects and ideas receiving financial assistance.

According to Lidings’ press release, the firm underwent a multistep qualification procedure, confirming compliance with the requirements for the level of legal expertise, quality, and costs of services, as well as a number of other qualification parameters necessary to obtain the status of an accredited services’ provider at Skolkovo.

Lidings reports that in the framework of cooperation, in addition to providing legal services, it will organize a number of free educational events for participants and residents of the Technopark in the form of specialized legal seminars dedicated to relevant legislative issues, such as aspects of protecting intellectual property, advertising, and personal data protection.

The first seminar ran by Lidings was dedicated to Data Protection. The event took place at the Skolkovo Conference-Hall on November 28, 2018.

Danilov & Partners has advised Qurrex on a token sale which was successfully completed on June 30, 2018.

Qurrex is the first hybrid cryptocurrency exchange integrating industrial infrastructure of traditional stock exchanges with decentralized network.

Danilov & Partners’ advice covered international legal compliance matters and securities regulation. The firm announced that it “helped Qurrex with corporate structuring of token issuance and documents for token sale, including drafting a token purchase agreement and white paper review.”

The firm’s Blockchain and Fintech team was led by Partner Peter Khokhlov.

DLA Piper has advised TMH Africa on the acquisition of a 45,000 square meter DCD Rolling Stock manufacturing facility in Boksburg, South Africa, from the DCD Group.

TMH Africa is a subsidiary of Transmashholding, the largest manufacturer of rolling stock in Russia. It is 30% owned by the Black Economic Empowerment Partner, MJISA.

According to DLA Piper, with the acquisition of the rail manufacturing facility, TMH Africa and MJISA “will contribute towards South Africa’s economy through job creation and skills development in line with South Africa’s National Development Plan’s key priorities. The rolling stock manufacturing facility will become Africa’s gateway production site, which will enable the assembly, maintenance and refurbishment of rolling stock. TMH Africa’s workforce will continue delivering innovative diesel and electric locomotives as well as coaches in South Africa and the rest of the continent.”

The transaction was led for DLA Piper by Moscow-based Corporate Partner Steffen Kaufmann, and Johannesburg-based Corporate Director Marita van der Walt, assisted by Johannesburg-based Tax Director Andrew Lewis and Corporate Senior Associate Amy Eliason, and Moscow-based Corporate Legal Director Mukhamed Evloev.

Orrick has advised the Russian Copper Company on its USD 200 million acquisition of the Malmyzh copper-gold porphyry field in the Russian Far East designated as of “federal importance” from Khabarovsk Minerals LLC. Norton Rose Fulbright reportedly advised the sellers on the deal, which was signed on June 9, 2018, and completed on September 28, 2018.

According to Orrick Partner Konstantin Kroll, who led his firm’s team on the deal, the acquisition “is a good indication that large scale M&A deals are still done in Russia, at least in the metals and mining sector. From a legal standpoint the transaction was interesting as it involved a Russian law escrow agreement (still relatively new to the Russian market) and a combination of an English law framework agreement and a Russian law notarial sale and purchase agreement.“

Bryan Cave Leighton Paisner (Russia) is representing Russian hydroelectricity company RusHydro in an international arbitration brought against the Kyrgyz Republic over the termination of the intergovernmental agreement dated September 20, 2012 for construction and operation of the Upper-Naryn hydroelectric power plants.

The Hong Kong-seated arbitration is being administered by the Permanent Court of Arbitration in The Hague.

According to BCLP, “under Article 14 of the Agreement, RusHydro claims that Electric Power Plants OJSC, the Kyrgyz state-owned company, acquire its shares in the joint venture company Upper-Naryn Hydro Electric Power Plants and that the Kyrgyz Republic reimburse RusHydro’s costs incurred in connection with the project on construction of Upper-Naryn hydroelectric power plants cascade in Kyrgyzstan.”

On October 31, 2018, RusHydro submitted its statement of claim to the respondent and the arbitrators. The Kyrgyz Republic has until April 15, 2019 to to file its statement of defense.

Bryan Cave Leighton Paisner’s cross-border team representing RusHydro includes London-based Partner George Burn and Moscow-based Counsel Yury Babichev and Associate Tuyana Molokhoeva in Moscow.

According to Yury Babichev, “foreign investors often choose international arbitration for resolution of disputes with host states. Investors from Russia and the CIS/EEU are no exception, as they increasingly resort to international arbitration to protect their rights violated by respondent states.”