Category: Uncategorized

  • ODI Represents Macedonian Artist Pro Bono

    ODI Represents Macedonian Artist Pro Bono

    The ODI Law Firm, as part of what it describes as “a firm-wide commitment to pro bono work,” has “ventured into art” by agreeing to provide pro bono legal services to emerging Macedonian artist Milan Andov.

    According to ODI, “Milan is an inspirational artist with a unique and distinctive style, producing breathtaking art in themes relating to the subconscious and the unconscious extremities of love, rage, hate, and characters displaying their deep psychological state. Milan has received numerous awards for his work which has been described as ‘art where you feel the soul, heart and mindful interpretations of emotion and sensuality leap from the canvas and draw you into the depths of the composition.’”

    When contacted by CEE Legal Matters, ODI Marketing Manager Sam Willis explained that “Mr. Andov approached us with a request for pro bono legal assistance in relation to a very exciting project he intends to develop. Mr. Andov intends to develop an on-line platform where emerging artists from Europe can promote and sell their artworks.” After reviewing Andov’s project the firm’s partners agreed to enrol him in the ODI Pro Bono Initiative, and the firm anticipates advising him on intellectual property, information society services, e-payments, consumer protection, and tax matters. 

    ODI Partner Gjorgji Georgievski, from the firm’s Macedonia office, will coordinate ODI’s assistance to Andov. According to Georgievski, “Andov is an exceptional artist and I am very pleased that he approached ODI for legal assistance. I understand how difficult it is for emerging artists to establish themselves in the artworks market and, therefore, very much appreciate Mr. Andov’s efforts to develop an on-line service which will serve as a promotion vehicle for artists. We are very excited to be a part of this project and assist Mr. Andov and other emerging artists from Europe to get noticed.”

    Image Source: thepalettepages.com

  • Paksoy Advises Messer Tehnogas on Sale of Messer Aligaz

    Paksoy Advises Messer Tehnogas on Sale of Messer Aligaz

    Paksoy has advised Messer Tehnogas on the recently-completed sale of Messer Aligaz Sanayi Gazlari ve Ticaret A.S., its natural gas subsidiary, to Air Liquide Gaz Sanayi ve Ticaret A.S. — part of the French industrial gas producer Air Liquide. Gide Loyrette Nouel advised Air Liquide on the deal.

    Messer Aligaz produces industrial, medical, and specialty gases. The company employs around 70 people and is headquartered in Kartepe, Turkey. The company is primarily involved in the industrial merchant segment, and has an air separation unit (for the production of liquid oxygen, nitrogen and argon, and three cylinder filling centers in the country. It generated EUR 9 million in revenue last year.

    Air Liquide Eastern Europe Vice-President Christophe Chalier said: “Turkey is a growing economy, which has significantly invested in many industrial fields. This acquisition will further strengthen our overall presence in this country, allowing Air Liquide to better serve its customers.”

    The Paksoy team  advising Messer on the local share purchase agreement and the regulatory requirements for the transfer of Messer Aligaz in Turkey was led by Partner Togan Turan, and included Associates Hulya Posaci Bolukbasi and Naz Mesekiran.

    Editor’s Note: Gide has announced that its team was led by Partners Matthieu Roy and Arpat Senocak (from Gide’s associated firm in Turkey, Ozdirekcan Dundar Senocak (ODS)), and included ODS Associates Yavuz Akcakaya and Pinar Veziroglu Dilek.

    Image Source: airliquide.com

  • Kenaroglu Successful for Oliver Peoples in Turkish IP Actions

    Kenaroglu Successful for Oliver Peoples in Turkish IP Actions

    Kenaroglu Intellectual Property had successfully represented Oliver Peoples, Inc., in two actions before the Istanbul Civil IP Courts of First Instance to have local trademark registrations for OLIVER PEOPLES invalidated on the basis of the reputation of the mark in other jurisdictions, the plaintiff’s genuine rights in the trademark arising from extensive prior use in other countries, and the bad faith of the defendants.

    The decisions of the 4th Chamber of Istanbul Civil IP Courts and the 1st Chamber of Bak?rköy Civil IP Courts were not appealed, and have become final and binding.

    According to Kenaroglu, the actions, which were originally filed in late 2013, involved the demand of plaintiff Oliver Peoples Inc. — part of the Luxottica Group, a leading designer, producer, and distributor of premium eyewear —that two local registrations for OLIVER PEOPLES in Classes 9 and 14 be ruled invalid. The plaintiff had not used its mark in Turkey and had no registration or reputation for the mark in the Turkish market before filing its action. Moreover, Kenaroglu conceded, there was no specific evidence of bad faith on the part of the defendants. Nonetheless, the IP courts concluded that the OLIVER PEOPLES trademark was unique and had a strong distinctive character for eyewear, for which it had been used and registered by the plaintiff in other countries, and that it was unlikely that the defendants would have created the same trademark and applied to register it for “eyewear and accessories” without being aware of the plaintiff’s trademark. Accordingly, both courts ruled for Oliver Peoples, Inc., and ruled that the local registrations were invalid.  

    According to a subsequent article written by the Kenaroglu firm for the World Trademark Review publication, “the cases are significant for Turkish trademark practice: they reveal that, where there is an original and highly distinctive trademark, the Turkish IP courts are willing to grant broad protection to a foreign trademark against bad-faith registrations without requiring local use/registration or specific evidence of the counter-party’s bad faith.”

    The Kenaroglu team included Attorneys Yasemin Kenaroglu and Yasemin Aktas Dag.

  • CMS and Kinstellar Advise on Sale of Czech Shopping Center Portfolio

    CMS and Kinstellar Advise on Sale of Czech Shopping Center Portfolio

    CMS’s Prague office has advised the Bluehouse Capital real estate investment management firm on the sale of three shopping centers in the Czech Republic to the newly established Czech real estate fund, NOVA Real Estate. Kinstellar advised NOVA on the deal. The purchase price of the portfolio was not disclosed. The commercial properties in the Czech cities of Jablonec nad Nisou, Hradec Kralove and Znojmo, all have the Ahold supermarket group as a key long-term tenant.  

    Bluehouse Capital is a private equity real estate investment management firm focused in Emerging Europe. It manages assets in Poland, Czech Republic, Hungary, Bulgaria, Romania, Croatia, Serbia, and Greece. NOVA Real Estate is managed by investment company REDSIDE.

    The CMS team advising Bluehouse Capital consisted of partner Lukas Janicek, supported by Associate Petr Koral and Junior Associates Tereza Maternova and Michal Samek.

    The Kinstellar team advising NOVA was led by Partner Klara Stepankova and Counsel Jan Juroska.

  • KZP Wins Yet Another Case for Fakt.pl

    KZP Wins Yet Another Case for Fakt.pl

    Kochanski Zieba & Partners (KZP) reports that the Court of Appeal in Warsaw has reversed the February 2, 2015 judgment of the Regional Court in Warsaw in a case brought by Marek Falenta against Michal Wodzinski (the former editor of Fakt.pl) and dismissed Falenta’s demand that fakt.pl portal publish corrections to several articles it published between June 25 and July 8, 2014.

    According to KZP, “the Court of Appeal in Warsaw fully shared the arguments presented in the appeal filed on behalf of the Defendant, mainly relating to Michal Wodzinski’s original lack of capacity to be a party in that case. In an oral statement of reasons, the Court of Appeal emphasised that it was only the current editor-in-chief of the portal who could be a party in the case for publication of a correction.”

    Wodzinski was represented by KZP Partner Konrad Orlik and Advocate Mateusz Ostrowski from the firm’s Litigation & ADR Department.

    This represents another successful representation by KZP of Fakt.pl and its publishers, editors, and former editors, following successes in August 2015, June 2015, March 2015, February 2015, and October 2014.

  • Moral Law Firm Advises on Minol-ZENNER Group’s Entry in The Turkish Market

    Moral Law Firm Advises on Minol-ZENNER Group’s Entry in The Turkish Market

    The Minol-ZENNER Group has acquired a minority stake in the Kodsan Termosar Enerji Sistemleri Joint Venture (“Termosar”). The Moral Law Firm advised the sellers in the deal, with assistance to the buyers provided by the Avk Law Firm. The original Share Purchase Agreement was signed between the parties on April 9, 2015, and the deal value was not disclosed.

    The Minol-ZENNER Group is one of the leading service providers and equipment manufacturers for consumption-based energy cost billing in the world. Kodsan Termosar Enerji Sistemleri combines two leading companies: Kodsan Enerji A.S., Turkey’s first and largest producer, distributor, and exporter of enamel coated water heaters, storage tanks, air separators, and balance tanks, and Termosar Isi Sistemleri A. S., one of the first companies in Turkey in the heating solutions industry.

    According to a Minol-ZENNER Group statement, “participation in a joint venture in Turkey under the name of Kodsan Termosar Energy Systems is allowing the Minol-ZENNER Group to enter a market that has been intensively exploited for many years. Core competences are being concentrated and there are great plans with the two joint venture partners Kodsan and Termosar.”

    The Moral Law Firm advised on the establishment of the Joint Venture under Termosar following a pre-merger stage closed between Kodsan Enerji A.S. with the Minol-ZENNER Group. Moral’s team consisted of Partner Vefa Resat Moral and Counsel Serkan Pamukkale.

    Odin Financial Advisors acted as the exclusive financial advisor to Kodsan Termosar and its shareholders and PSS Denetim acted as tax advisor to Kodsan Termosar and its shareholders.

  • Paksoy and Dentons Advise on DyDo Drinco Acquisition from Yildiz Holding

    Paksoy and Dentons Advise on DyDo Drinco Acquisition from Yildiz Holding

    Paksoy has advised Japan’s DyDo Drinco, Inc. on its acquisition of 90% of the shares in Della Gida, Bahar Su, and Ilk Mevsim Meyve Sulari, which operate carbonated drink, coke, water and fruit juice brands, from Yiidiz Holding. Yildiz Holding — which was advised by BASEAK — the Turkish firm associated with Dentons — will retain the remaining 10% of shares in these companies, which include the well-known Cola Turka, Camlica Gazoz, and Saka Su brands.

    The transaction is expected to close in the first part of 2016. 

    Paksoy advised DyDo Drinco on negotiating the sale and purchase agreement, shareholders’ agreement, and other ancillary agreements, including distribution, supply, and lease agreements. The firm’s team was led by Partner Togan Turan, working with Senior Foreign Associate Deniz Haupt, Senior Associate Nazli Bezirci, and Associate Deniz Ozkan. 

    The BASEAK team was led by Corporate and M&A Head Galip Selcuk, and included Partner Dogan Eymirlioglu, Senior Associate Tulu Harsa, and Associate Naz Hocaoglu.

    Image Source: dydo.co.jp

  • White & Case Advises Walmark on Acquisition of Valosun

    White & Case Advises Walmark on Acquisition of Valosun

    White & Case has advised Walmark — a portfolio company of Mid Europa Partners, and a major consumer healthcare player in Central and Eastern Europe  — on its acquisition of Valosun a.s., which was advised by Havel, Holasek & Partners.

    Valosun, with its Biopron brand, is the leading probiotic player in the Czech Republic and Slovakia, and also holds a significant market position in female urinal health with Uroval. 

    Walmark was advised by Patria, White & Case, and Deloitte. 

    Mid Europa Partners is a leading independent private equity firm focused on the growth markets of Central and Eastern Europe and Turkey. Operating from London, Budapest, Warsaw and Istanbul, Mid Europa Partners advises and manages funds of approximately EUR 4.3 billion.

    The White & Case team advising Walmark consisted of Partners Michal Smrek and Alena Naatz, Associates Magda Olysarova, Jakub Mencl, Petr Topka, and Barbora Hrabcakova, and Tax Consultant Tomas Cibula.

  • Know How To Communicate

    Know How To Communicate

    How many friendships ended as a result of poor communication skills?  How many times have you heard about married couples breaking up after 10 years because they can’t communicate (despite the fact that there are just two of them)?

    The larger an organisation or company gets, the more important and difficult communication becomes. If a CEO, a Managing Partner, or a politician can’t get their points across, they’d better find another line of work.  It’s amazing how much time and efforts business people put into their production, funding, marketing, research, development, advertising, and all the rest without realizing that the ability to convey information from one person to another, one department to another, one division to another, or one law firm to another is central to access of all these functions. 

    Fact is: Communication is like anything else. It requires work. 

    After more than a decade of working in and advising on communication issues I would share three simple rules which are generally applicable.

    • Tell a story

    One saying goes: Facts tell, but stories sell. There is a reason why human beings process information in the narrative form. From the Greek myths to the griots of Africa, the history of humanity has been told in stories. If you’re not communicating in stories, you’re not communicating. Try to remember your school’s class room or university’s lecture hall: There was a reason why some teachers were able to convey information and others don’t. Telling a story is for sure not all you can do to ensure that your fellows lend you an ear or two, but to start without a story, bringing one fact after another is the right way to screw it up. You may be presenting a series of relevant information, many important, but the chances of your audience remembering or being moved by your facts are nil. So, what does a good story contain? A good story has a hero and a villain, a sympathetic protagonist and an unsympathetic antagonist. It has conflict, creates drama, then resolution. 

    Don Dogood is the hero. Villigan Villain is the antagonist. Little Laureen is the victim. Evil Villigan Villain puts Little Laureen on the railroad tracks and after a conflict, or a court room battle, Don Dogood saves her. Little Laureen falls into Don’s arms. 

    Okay this does sound like a film script for a Western movie or a (with the court room battle) like a John-Grisham-book – but if we change it a bit, would it not work out in your business life? What if you have to change an organisation and put chances and your colleagues instead of Don Dogood? If you put obvious threats instead of Villigan Villiain and your firm’s core business strategy instead of Little Laureen and the railroad tracks are the cliffs where your Villigan Villain is putting you? 

    And when you explain at the very end what exactly your Associate, your Senior Lawyer, or your Partner has to do so that your firm does not end up on the rail track but can go on because you were rescued by many Don Dogoods, it means you followed certain chances WITH your colleagues? Exactly, then you have good communications. 

    • Be brief

    In the modern media age, brevity is more important than ever. Especially when you want to present something and you’re speaking in front of a broad audience. As trained to do so in writing contracts or giving legal opinions, lawyers tend to be as exactly as they can be – even in such situations. 

    For a normal listener or reader like a company CEO this sounds like this: 

    “To think Being itself explicitly requires disregarding Being to the extent that it is only grounded and interpreted in terms of beings and for beings as their ground, as in all metaphysics.” Yes, that was Martin Heidegger – German hardcore philosopher. And grounded in his communication skills are perhaps still today the reasons why classes of philosophers try to interpret him, not sure whether he was one of the 20th century most important figures or just an odd guy sitting in his Knickerbocker in a sad Schwarzwald cabin writing in such dark and heavy language.

    So always keep in mind: Good communication is usually brief. “Just do it” was one of the best advertising slogans in the last decade and still works when a no-brainer asks for the 5th time about your strategy. “He saw and it was light” – Bible’s own soundbite. 

    “I came, I saw, I conquered” was Caesar’s terse report to the Roman Senate. And known ‘till today for one of history’s best soundbites – or even history’s first propaganda. 

    • Repeat your message

    Do you want to know why politicians repeat the same main message all day long, thousands of times? Because it works. Because we’re not hanging on their every word – and for that brief moment when we do pay attention to them, they want to say exactly what will get them elected. It’s their main message. As they are not sure when that moment will come, they repeat their main message over and over. If the mantra of real estate is “location, location, location,” the mantra of communication is “repetition, repetition, repetition.” So repeat your main message.

    Perhaps you’re not local politics’ biggest fan. But keep in mind: If THEY could succeed by endless, disciplined repetition, imagine what you can do!   

    Think about this especially when you’re giving speeches or interviews, more so if it’s in front of a TV camera. You don’t know which of the quotes they will cut out. So make sure you’re going to repeat yourself in your main message over and over. Whatever you say or end up to, keep your voice calm, repeat your main message, give an example, and go back to your main message again and again. 

    Now, have a look at how often I stated “main message” in the last three paragraphs and smile – that would be the next general rule, especially when taking on TV-interviews.   


    Georg BaldaufGeorg Baldauf, Founder of Greenberg Advisory, spent 15 years in communications, campaigning, and the media. In the past he worked as the PR Manager of international law firm Wolf Theiss. Previously he had led WPP’s Ogilvy PR Team in Vienna and worked also on an EAME level, advising clients from different sectors, like finance, industry, and politics – campaigning in national elections. He is now focusing on litigation and finance PR. As a qualified communication specialist, he is also working towards finishing his legal degree.

     

  • Erdem & Erdem Advises Yildirim Group on Largest Turkish Investment Ever in Portugal

    Erdem & Erdem Advises Yildirim Group on Largest Turkish Investment Ever in Portugal

    Erdem & Erdem has represented the Yildirim Group of Turkey in the acquisition of 100% of shares of Mota-Engil Logistica and Tertir Terminais de Portugal for EUR 335 million from the Mota-Engil SGPS, SA. Portuguese group. Closing is expected to be completed by the end of this year upon final approval of the public authorities in the relevant jurisdictions.

    Yildirim Holding is one of the leading port management companies in Turkey, and once the acquisition is complete, it will reach a total annual container handling capacity of 10 million TEUs and an annual dry bulk handling capacity of 22 million tons, whilst maintaining its current capacities for liquid cargo and Ro-Ro operations. The acquisition will increase Yilport’s Global Port Terminal Network to 17 operations across 7 countries throughout Europe and Latin America.

    Commenting on the acquisition, Chairman Robert Yuksel Yildirim said: “Since entering the port operation and management business in 2005, Yilport has become a global port terminal operator and continues to make steady progress in this sector. As a result of its investments in Turkey and abroad in recent years, Yilport Holding has become the foremost Port Operating Company in Turkey and the only Turkish company to be included in the Top 20 International Container Terminal Operators.

    The transaction is the largest investment made by a Turkish company in Portugal, and Erdem & Erdem describes is as “a significant milestone in the bilateral economic relations between the two countries.” The transaction involved the takeover of franchises in Spain and Peru and the Transitex logistic support service company. Tertir Terminais de Portugal currently operates seven container port terminals in Portugal, two in Spain, and one in Peru. Tertir’s eight container terminals have an annual handling capacity of 2.7 million TEUs and the two break bulk and grain terminals have an annual capacity of approximately 4.5 million tons.

    The Erdem & Erdem team collaborated with the Portuguese law firm Albuquerque & Associados in the deal, actively engaging in negotiations of the share purchase agreement on behalf of the Yildirim Group. The Erdem & Erdem team was involved in the legal and financial due diligence in various jurisdictions where operations of the companies concentrated.

    In addition to receiving legal advice from Erdem & Erdem and Albuquerque & Associados, the Yildirim Group was advised by VTB Capital and Banco Finantia as deal advisors, and by PwC and E&Y as financial advisors.