Category: Russia

  • EPAM Successful for VEB-Leasing in Defense Against RUB 12 Billion Claim

    EPAM Successful for VEB-Leasing in Defense Against RUB 12 Billion Claim

    Egorov Puginsky Afanasiev & Partners has successfully defended VEB-Leasing in a dispute against Inpromleasing.

    According to EPAM, “by the end of 2010, VEB-Leasing had purchased around 7,000 railroad cars rented to third parties through a series of transactions from Inpromleasing (currently Promoinvest-M). Several months later, Inpromleasing initiated its own bankruptcy proceedings through a controlled company.

    Under the bankruptcy proceedings, the bankruptcy manager successfully challenged the purchase and filed a claim against VEB-Leasing, seeking to recover over RUB 12 billion of the income generated by the railcars use. The claimant argued that the income was based on the leasing payments received by the client over the period of the Sale and Purchase Agreement till the court’s decision invalidating it.”

    EPAM convinced the first-instance court and the appellate-instance court that its client had no income, as the total amount of the leasing payments received would not cover 80% of the VEB-Leasing expenses. Following the court’s hearing on February 19, 2018, the Moscow Circuit Arbitration Court upheld the judgments dismissing the claim.

    VEB-Leasing was represented by EPAM Partner Valery Eremenko, Counsel Alina Kudriavtseva, and Associates Alexander Podgorniy, and Dmitry Perunov.

     

  • The Buzz in Russia: Interview with Eric Michailov of White & Case

    The Buzz in Russia: Interview with Eric Michailov of White & Case

    Although January was “a little bit quiet in the market” in Russia, February was more promising, according to Eric Michailov, Partner at White & Case Moscow, who reports seeing more deals and new investors coming into the country. “I am particularly optimistic — even more so than I would have been six or twelve months ago,” he says. “Business is good. Not great — it is not a full easy go — but pretty good.”

    Despite the ongoing sanctions levied by the West against Russia, Michailov sees a positive trend among investors coming not only from China and Middle East, as it was in the early years of the sanctions, but now also again from Western Europe and North America. On the question of what’s behind that change, he refers to the stabilized conditions in the country. “I think they have seen that the situation in Russia is the new normal. Everyone understands sanctions and how they work, and so after a couple years of readjustment, Russian deal-making is increasing again.” He says: “I anticipate it will be so next year as well.”

    The majority of investors, both local and foreign, are focusing on e-commerce, real estate, and infrastructure, with the natural resources sector losing ground after a number of large recent transactions. Today, Michailov says, all Internet-based businesses, both finance and retail, are growing rapidly, and thus attracting investors, as in these fields Russia’s technology is of prime quality and offers auspicious platforms in the field. “Investors are taking a look at any business right now with an ‘I’ in front of it, or anything related to block chain,” he says.

    The sector has drawn the attention of the government too. Although there have been no recent significant legislative changes in the area in Russia, the country’s Ministry of Finance has proposed a bill on Initial Coin Offerings that Michailov defined as “quite sophisticated.” The draft law, which was introduced on January 25, 2018, aims to regulate and define the scope of cryptocurrency actions. The bill is expected to come into force this year after it passes the Russian State Duma and Federation Council.

    Although there is a lot of talk about cryptocurrency in Russia, Michailov does not expect it to have a significant impact on law firm M&A and corporate work anytime soon, but he agrees that, once it is appropriately regulated and widely practiced, “it will be an interesting experience.”

    A proposed reform of the professional legal services market — which White & Case, as a member of the working group, is helping prepare —may be more immediately significant to the country’s high end legal services market, although Michailov says he is unsure of the final outcome. “I anticipate there will be an impact,” he says. “But what kind of impact? International law firms have been regulated equally with Russian law firms in the past twenty years. I do not know if this will change or not.” The draft concept of the professional legal services market was released by the Russian Ministry of Justice on October 24, 2017.

    Although the presidential elections are coming up in a few weeks, Michailov says “this shouldn’t impact transactions in Russia.” The only thing he says is needed from the election is certainty for the coming several years. In his words: “I hope that it will be business as usual after March.” 

     

  • Pepeliaev Group Successful for Kavminvody in Trademark Dispute

    Pepeliaev Group Successful for Kavminvody in Trademark Dispute

    The Pepeliaev Group has successfully represented Kavminvody JSC in the Russian Intellectual Property Court in a trademark dispute with Krymservis LLC, which resulted in the invalidation of a similar trademark that was owned by a bad faith right holder.

    Kavminvody JSC produces Novoterskaya Tselebnaya mineral water. A verbal trade mark that was essentially identical to the Kavminvody trademark was registered by Krymservis with Rospatent under a simplified procedure known as “the Crimean law” — without an expert review being conducted.

    After the Republic of Crimea was assimilated with Russia in 2014, the rights to trademarks and patents certified in Ukraine at the time became eligible for “recognition” in Russia. According to the Pepeliaev Group, the simplified procedure was “misemployed and led to simultaneous application of the legal protection of two or more similar trademarks that label the same type of goods, but were owned by two separate legal entities.”

    However, the Pepeliaev Group reports, a statutory prohibition made it impossible to challenge the registration of the trademark owned by  Krymservis. According to the firm, “to terminate a contested trademark was possible only with the proof of consumer confusion on the goods and their producers.”

    Kavminvody obtains and sells its Novoterskaya Tselebnaya mineral water both in Russia and abroad. According to a survey conducted by the Russian Public Opinion Research Center, consumers associated Novoterskaya Tselebnaya with Kavminvody. The Pepeliaev Group successfully persuaded the court to reject Krymservis’s claims to the brand and terminate the legal protection of its trademark.  

    The Pepeliaev Group team consisted of lawyers Valentina Orlova and Yuri Yahin and paralegal Anton Pchelkin.

     

  • Maxim Ali Becomes Head of IP/IT Practice at Maxima Legal in Russia

    Maxim Ali Becomes Head of IP/IT Practice at Maxima Legal in Russia

    Maxim Ali has become the head of Intellectual Property and Information Law at the Maxima Legal firm in Russia.

    “Maxim Ali joined Maxima Legal not too long ago,” commented Managing Partner Maxim Avrashkov. “In his role as a Senior Associate, Maxim has shown that he is a responsible specialist and works to the highest standards. The prospects for his growth in the firm are obvious. I am sure that the positive qualities of Maxim’s professionalism that he shows on a daily basis will continue and strengthen the firm’s practices not only in the field of IP/IT, but also the firm’s positions in the legal services market of St Petersburg in general.”

    Ali graduated from the law faculty of the St. Petersburg University of Humanities and Social Sciences with honors. At the beginning of his legal career, he provided in-house legal support to an education institution after which he worked for a number of years at Kachkin & Partners. According to Maxima Legal, “in 2017 he joined the team at Maxima Legal, establishing himself as an expert in the field of intellectual property, information law, as well as in e-commerce and media law. Furthermore Maxim has experience assisting with court cases relating to copyright law and the business reputations of clients.”

    Ali has worked with Russian and international companies from a wide range of industries, including the IT sector, healthcare, metal and car producers, real estate, and the entertainment industry.

    “I am very grateful for this new opportunity,” said Ali. “I hope that by strengthening our IP/IT practice will make our firm’s legal products even more comprehensive and also demonstrate the level of our expertise in new interesting and modern projects.”

     

  • EPAM Defends the Interests of Razvitie Zdorovia i Sporta in Litigation

    EPAM Defends the Interests of Razvitie Zdorovia i Sporta in Litigation

    The Egorov Puginsky Afanasiev & Partners Saints Petersburg Office has defended the interests of Razvitie Zdorovia i Sporta LLC in a dispute over the recovery of billions of rubles worth of losses.

    The Commercial Court upheld the view proposed by EPAM in dismissing the claim. In addition, the Commercial Court granted a counterclaim filed by Razvitie Zdorovia i Sporta seeking to recover RUB 100 million from the plaintiff.

    Razvitie Zdorovia i Sporta invests in athletic facilities development. The company and the plaintiff entered into a preliminary lease agreement, which stipulated a later long-term lease and operation of the building as a large fitness club. According to EPAM, “the future tenant had undertaken premises preparation for comprehensive operation and as a result of numerous breaches of the agreement, and failure to perform the work, Razvitie Zdorovia i Sporta withdrew from the preliminary lease agreement.”

    The termination of the preliminary lease was considered unlawful, and the plaintiff filed a claim seeking to recover losses amounting over RUB 1 billion.

    The EPAM team consisted of Managing Partner of the St. Petersburg Office Ivan Smirnov, Senior Associates Evgeny Gurchenko and Artem Magunov, and Associates Alexander Svashenko and Maya Chokoraya.

     

  • Goltsblat BLP Part of Global Bryan Cave – Berwin Leighton Paisner Merger

    Goltsblat BLP Part of Global Bryan Cave – Berwin Leighton Paisner Merger

    Bryan Cave and Berwin Leighton Paisner have announced that the two firms will merge as of April 2018. The new firm, which will be called Bryan Cave Leighton Paisner, will have a combined revenue of over USD 900 million.

    As the result of the merger, the firm’s Moscow office – the former Goltsblat BLP – will drop the name of Managing Partner Andrey Goltsblat from its letterhead and operate under the new name of Bryan Cave Leighton Paisner.

    According to a (former) Goltsblat BLP press release, “the merger brings together two organizations widely recognized for their innovative approaches to client service, into one global, fully financially integrated law firm. Bryan Cave Leighton Paisner will provide clients with access to international practice and sector teams in 32 offices across 11 countries and a platform of approximately 1600 lawyers.”

    The new combined firm will be led by Co-Chairs Therese Pritchard and Lisa Mayhew. “Our combination is rooted in a shared determination to do something fresh and different for clients,” commented Lisa Mayhew, Managing Partner of BLP. “Clients will benefit from our combined legal expertise; our shared values and culture and our approach to innovation in their interests. Different to most other international firms, ours will be fully financially integrated from Day one. This will enable us to work in teams whose only focus will be to provide a first class service to clients.”

    “This merger will result in an expanded presence and set of service offerings in key markets around the world and accelerate our utilization of technology and innovation to redefine efficiency and value in the practice of law,” said Therese Pritchard, Chair of Bryan Cave. “Both firms have long traditions of building strong relationships – both with clients and within our firms. This legacy is reflected in shared values, including a core belief that our greatest asset is our people and our greatest responsibility is to our clients,” she added.

    Andrey Goltsblat, Managing Partner of Goltsblat BLP, said: “I am convinced that this merger will be a new step for all our team. We used to be a leading national team, later on having joined forces with the major UK law firm Berwin Leighton Paisner (BLP) in 2009, we offered the market a totally new and unique legal capability which proved to be a success from the very beginning and over the recent years became one of the top-tier international law firms in Russia. And now the new firm Bryan Cave Leighton Paisner purposely structured as one global team to provide clients with top-quality, integrated legal advice and a wide range of new innovative products and services whenever and wherever they may need, will let us strengthen further our unique position on the Russian legal market and globally.” 

     

  • DLA Piper Advises Rosatom on Joint Venture with Lagerwey to Boost Russian Wind Industry

    DLA Piper Advises Rosatom on Joint Venture with Lagerwey to Boost Russian Wind Industry

    DLA Piper has advised NovaWind, a Rosatom State Atomic Energy Corporation’s unit responsible for new energy programs in Russia, on its joint venture with Dutch turbine developer Lagerwey to supply 388 turbines to Russian wind farms by 2022.

    The joint venture, known as Red Wind, will oversee the marketing, sale, and delivery of turn-key wind turbines as well as after-sales support. Red Wind will also lead the localization program in Russia, contracting and providing qualification to the existing suppliers of NovaWind’s production sites in Volgodonsk.

    The transaction was led by Moscow-based DLA Piper Partner Igor Antonyan, assisted by an Amsterdam team of Partners Casper Hamersma and Manon den Boer, Senior Associates Aad Oomen, Jochem Beurskens, and Sophie Gilliam. Further support was given by Leeds-based Finance and Projects Legal Director Stephen Johns and Litigation and Regulatory Senior Associate Azamat Abdulmenov, as well as Moscow-based Corporate Associate Ilya Skalkov.

     

  • Jus Aureum Trains JSC TC Megapolis on Implementation of Antimonopoly Compliance System

    Jus Aureum Trains JSC TC Megapolis on Implementation of Antimonopoly Compliance System

    Working with the assistance of the FAS Russia Center for Education and Methodics, Jus Aureum has provided special counseling and training to the employees of the JSC TC Megapolis tobacco distributor and its subsidiary companies as the company implements its anti-monopoly compliance system.

    According to Jus Aureum, “the key subjects of the full-time training seminars were the basics of effective anti-monopoly compliance, the current practice of application of the anti-monopoly legislation, legislative [innovations], abuse of dominance, the legal concepts of unfair competition and anti-competitive agreements, the state of the market of tobacco products, peculiarities of application of the law on trade, and other issues of anti-monopoly law application practice, considering the specifics of Megapolis’ commercial activity.”

    Jus Aureum Senior Partner Oleg Rud, Counsel Sergey Zagraevsky and Senior Associate Sergey Nikonorov participated in the training.

     

  • White & Case Advises Siberian Anthracite on USD 570 Million Pre-Export Financing

    White & Case Advises Siberian Anthracite on USD 570 Million Pre-Export Financing

    White & Case has advised JSC Siberian Anthracite, a producer and exporter of ultrahigh-grade anthracite, on a pre-export financing of up to USD 570 million from a pool of international and Russian banks.

    DThe facility will be used for general corporate needs and to refinance existing loans. The mandated lead arrangers included, among others, ING Bank, Banca Intesa, Credit Suisse AG, and Sberbank of Russia.

    White & Case’s team included Moscow Partner Maxim Kobzev and London Partner James Hardy, with support from Moscow-based Associates Natalia Tsimbalova and Maria Kulmukhametova.

    White & Case did not reply to our inquiry about counsel for the banks.

     

  • Goltsblat BLP Advises Alfa-Bank on Pay-Me Share Acquisition

    Goltsblat BLP Advises Alfa-Bank on Pay-Me Share Acquisition

    Goltsblat BLP has advised Alfa-Bank on the acquisition of a portfolio of shares in Pay-Me, a mobile acquiring services company. As a result, the bank has obtained a full block of shares from the previous project investors.

    According to Goltsblat BLP, “the aim of the cooperation is a new product range for a business to implement trade receivables of goods and services: the Alfa-Kassa POS-kit, the Pay-Me mobile acquiring services, and equipment installation, maintenance, and customization services. Moreover, investments will be focused on the company’s development and strengthening its position in the Russian, Kazakh, and other CIS countries’ markets.” 

    The Pay-Me mobile acquiring service allows the use of the VISA, MasterCard, and MIR payment cards for payment through the mPOS terminal and the iOS, Android, and Windows mobile applications.

    The Goltsblat BLP team was led by Partner Anton Panchenkov and included Senior Associate Dmitry Antipin, Associate Dmitry Sheludyaev, and Junior Associate Ragima Rashkueva.