Category: Ukraine

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 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.

In July 2014 Misechko & Partners law firm admitted a new Partner, Anton Lukovkin.  

Prior to joining the firm Lukovkin was in charge for legal issues at telecommunications company Energytel. During 2007-2011 he was employed in Lavrynovych & Partners.

At these positions he was engaged in the projects in Banking and Finance, Real Estate, as well as Corporate Law and Bankruptcy. In working with Kvazar-Micro, a leading IT company inUkraine, and the PFTS Stock Exchange, Lukovkin gained expertise in the field of IP and Equity Markets. 

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Dentons has announced that Partner Adam Mycyk has joined the firm’s Kiev office.

   

Adam Mycyk

Mycyk is well-established in Kiev, having worked first with Altheimer & Gray, and then with Chadbourne from 2003-2007, and then again from March, 2013, until July of this year. In between stints with Chadbourne, Mycyk served from 2007-2013 as the Managing Partner of CMS Cameron McKenna in Kiev.

Mycyk has two decades of experience advising Ukrainian and international companies, banks, investment banks, and a range of other financial institutions and investors on structuring and implementing debt and equity inward investments involving privatizations, mergers and acquisitions or joint ventures and on complex cross-border commercial and financing transactions. 

This marks the third big addition to Dentons CEE team in the last month, following the mid-July announcement that Partner Perry Zizzi is returning to the firm in Romania, and last week’s announcement that COO for Europe Richard Singer had joined the firm in Prague.

Integrites has successfully defended the interests of Philip Morris Ukraine in a dispute against the Specialized State Tax Inspection for Work.

The dispute involved Philip Morris Ukraine’s challenge to a tax notice, increasing the amount of excise tax payable to UAH 42.9 million (approximately EUR 2.65 million). That notice, Integrites reports, was issued based on findings obtained from an unscheduled field tax inspection. After hearing Integrites’ arguments, the Kharkiv Administrative Court of Appeal fully canceled the decision of the tax authority and recognized the claims of Philip Morris Ukraine. 

Integrites lawyers working on the case included Vyacheslav Korchev, Integrites Senior Partner, Counsel Denys Kytsenko, and firm lawyers Oleg Radutny and Telman Martyrosyan.

This is the second time this year the firm has successfully represented Philip Morris before Ukrainian tax authorities (see CEE Legal Matters on February 14, 2014). 

Baker & McKenzie has acted as Ukrainian law counsel to the European Investment Bank (EIB) in connection with its EUR 55 million loan to the State Administration of Railway Transport of Ukraine, and the related sovereign guarantee.

According to the firm, the loan will finance the construction of a new 1.8 km twin-track railway tunnel in Ukraine to improve transport connections between Ukraine and the European Union. Under the project, the new tunnel, located in the Carpathian Mountains at Beskyd in southwest Ukraine, will replace the existing single-track tunnel, which is the only single track section of the twin-track electrified line between Lviv and the Hungarian and Slovak borders. The new tunnel will add significant transport capacity on this international rail corridor and make it possible to cope with expected future demand.

Baker & McKenzie’s team on the matter was led by Kiev Partner Serhiy Chorny, supported by Associates Victoria Ischenko and Hanna Shtepa.

Sayenko Kharenko’s has successfully represented the Azot, Rovnoazot, Severodonetsk Union Azot, and Concern Stirol nitrogen fertilizer producers in a sunset review and interim review of anti-dumping measures applied to ammonium nitrate imported into Ukraine from the Russian Federation.

A Sayenko Kharenko press release explains that the firm’s “international trade team successfully represented Ukrainian producers of nitrogen fertilizers in the course of the whole proceeding starting from drafting the requests for the review initiation; registration of the interested parties; answering the questionnaires for the national producers and additional questionnaires; drafting commentaries to the answers to questionnaires submitted by foreign producers including requesting construction of normal value based on the fair market price of natural gas; participating in the hearings and drafting post-hearings submission, commenting the report on preliminary results of the interim review and the sunset review, etc.”

Sayenko Kharenko’s team was led by Counsel Nataliya Mykolska, head of the firm’s international trade practice group, and included Associates Anzhela Makhinova and Tetyana Makukha.

Igor Golchenko, Ostchem’s Head of Legal, explained that, “this is my first experience in protecting the interests of national producers in the domestic market over the last 18 years of international anti-dumping practice. I am glad that this experience has been successful thanks to Sayenko Kharenko’s team and personally to Nataliya Mykolska. I am delighted with the fact that some Ukrainian law firms are already experienced enough to play in the ‘major league’ of this specific practice area.”

Vasil Kisil & Partners has announced that Partner Oleksiy Filatov has been appointed Deputy Head of the Presidential Administration by Order of the President of Ukraine.  

Filatov joined Vasil Kisil & Partners in 2003 as an Associate Partner and became Partner in 2005. Since 2007 he has served as Head of VKP’s Dispute Resolution Practice Group, where he led a team of 30 lawyers and represented VKP’s clients in international arbitrations and domestic courts. VKP reports that Filatov was “regularly invited as an expert on Ukrainian law in various international arbitration and litigation proceedings.”

Senior Partner Vasil Kisil issued a statement about the news: “We highly appreciate the long-lasting successful cooperation and contribution made by Mr. Oleksiy Filatov to the development of our firm as a whole and its Dispute Resolution and Intellectual Property Practice Groups in particular. We congratulate Mr. Filatov on his new appointment and strongly believe that his professionalism would help him meet new challenges at the government level. We wish Oleksiy the very best in his new position.” 

Egorov Puginsky Afanasiev & Partners Counsel Sergiy Grebenyuk has been elected Deputy Head of the Consultative Council of the Ukrainian Prosecutor General’s Office.  

According to EPAP, the Consultative Council “is an advisory body to the Prosecutor General’s Office of Ukraine. The Consultative Council is composed of high level representatives from Ukrainian legal society, public organizations, human rights organizations, mass media, etc.” Members of the Consultative Council are elected for two-year terms.

Grebenyuk, who is Co-head of EPAP’s Criminal Law Practice in Ukraine, has a history of public interest work. In 2012, he was elected Deputy Head of the Committee of Criminal and Criminal Procedural Law of the Ukrainian Bar Association, and since June 2013 he has led UBA’s Kiev branch. 

Asters has acted as legal counsel to J&T Banka, a leading Czech private bank, in connection with the substitution of collateral under a multimillion financing extended to one of the bank’s borrowers.

Asters’ team advising on the project included Senior Partner Armen Khachaturyan, Counsel Oleksiy Demyanenko, and Associate Yuriy Radko.