Baker McKenzie has successfully represented Berlin-Chemie AG — the maker of the Nimesil anti-inflammatory drug — in its trademark challenge to the Nimesin brand.
Redcliffe Partners and CMS Advise on Quadient's Acquisition of Majority Stake in YayPay
Redcliffe Partners has advised the YayPay financial technology company on the EUR 17 million sale of a majority stake in the company to Quadient. The buyer was advised by CMS RRH Kyiv.
The National Bank Has Regulated the Procedure for Carrying out Financial Monitoring by Non-bank Financial Institutions
On July 30, 2020, Resolution No. 107 recently adopted by the National Bank of Ukraine became effective, by which the Resolution “On Carrying out Financial Monitoring by Non-Bank Financial Institutions” was approved.
The Verkhovna Rada of Ukraine Adopted the Bill on the Privatization of Lands Owned by the State Bodies at the First Reading
On 13 July 2020, the Verkhovna Rada of Ukraine adopted at the first reading the bill of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Concerning Ensuring the Right of Employees of the State Agricultural Enterprises, Institutions and Organizations to Receive a Land Plot (Share)”.
Hillmont Partners Secures Win for Komaksavia Airport Invest Ltd in Arbitration Against Republic of Moldova
Hillmont Partners has obtained an award for interim measures for client Komaksavia Airport Invest Ltd in arbitration against the Republic of Moldova related to the concession agreement for the Chisinau International Airport.
Ukrainian Data Protection Considerations Related to COVID-19
The restrictions that have been implemented by most governments to tackle the COVID-19 pandemic have affected various sectors of the economy and changed the way most businesses operate.
The Verkhovna Rada of Ukraine (the Supreme Legislative Body of Ukraine) Legalized the Gaming Industry
On 14 July 2020, the Verkhovna Rada of Ukraine adopted the Law of Ukraine ”On State Regulation of Activities Related to the Organization and Conduct of Gambling”.
Sayenko Kharenko Advises EBRD on Entrance into ISDA Master Agreement with National Bank of Ukraine
Sayenko Kharenko has advised the European Bank for Reconstruction and Development on its entry into the 1992 ISDA Master Agreement with the National Bank of Ukraine, the Ukrainian central bank.
Redcliffe Partners Advises EBRD on Short-Term Loan to Nibulon
Redcliffe Partners has advised the EBRD on a USD 27 million short-term secured loan to Nibulon LLC, a Ukrainian agricultural company.
CMS Advises KEXIM on Financing for Grain Terminal Holdings
CMS has advised KEXIM, the Export-Import Bank of Korea, on a USD 36 million financing deal with Grain Terminal Holdings — a Singapore-based joint venture between Posco International and the Orexim Group. Posco International was advised by South Korea's Jipyong law firm, and the Orexim Group was advised by Harneys' Cyprus office.
Vasil Kisil & Partners Advises St Sophia Homes on Lease Agreement with Goethe-Institut
Vasil Kisil & Partners has advised St Sophia Homes on leasing offices in Kyiv to Goethe-Institut.
Business Development Specialist Tetiana Tyshchenko Joins Asters as Partner
Former AEQUO Head of Sales and Client Care Tetiana Tyshchenko has joined Asters as a Partner.
Latham & Watkins, Avellum, and Sayenko Kharenko Advise on Ukraine’s USD 2 Billion Eurobond
Latham & Watkins and Sayenko Kharenko have advised JP Morgan and Goldman Sachs as the joint lead managers and joint dealer-managers on Ukraine’s successful completion of the settlement of its new USD 2 billion 7.253% Eurobond due 2033, as well as on its first-ever intra-day switch tender offer in relation to its outstanding USD-denominated 7.75% senior notes due 2021 and USS-denominated 7.75% senior notes due 2022. Avellum and White & Case advised the Ministry of Finance of Ukraine.
Advancing Avellum
In 2009, deep in the throes of the global financial crisis, Mykola Stetsenko, a partner at Baker & McKenzie in Kyiv, stepped away from that secure position to start his own law firm. His ambitious move paid off, and now, eleven years later, the firm he launched – Avellum – is among the most successful and highly regarded in Ukraine.
Ukrainian Gas Transmission System Unbundling – Mission Possible and Completed
2019 was an outstanding year for Ukrainian gas sector, as the country managed to complete the most critical parts of the unbundling of the gas transmission system in a timely manner. The year was also remarkable because, in twelve months, we saw three different unbundling models proposed by the Government, forcing the participants of the unbundling process and the key stakeholders to quickly adapt to the new rules and scenarios. For most of the year the country planned to implement an ownership unbundling model. However, in September 2019, before the third round of trilateral Ukraine-Russia-EU talks on gas transit, the unbundling plan took a U-turn, when the newly appointed Ukrainian Government, in its Resolution 840 (the “New Unbundling Resolution”), decided to switch to the independent system operator (ISO) model.
IP Reform in Ukraine and its Impact on Business
Under the EU-Ukraine Association Agreement of June 27, 2014, Ukraine undertook to harmonize its legislation with EU law by 2023, including the regulatory framework for IP. Subsequently, in February 2020, the Parliament of Ukraine adopted a long-awaited set of draft IP protection laws (the “Draft Laws”), which are likely to have a significant impact on companies doing business in Ukraine, as well as on the measures which may be taken by businesses in connection with IP commercialization.
Changes Expected by Joint Stock Companies in Ukraine
Since 2008 joint stock companies in Ukraine have functioned under a special corporate governance law (the “JSC Law”), which has improved through the course of its existence. Year after year, with the help of the SEC and the business community, Ukrainian legislators have introduced profound amendments to the law to bring corporate governance in JSCs in Ukraine closer to European standards, to attract foreign investments, and to insure adequate protection of rights of various stakeholders (minority shareholders, creditors, etc.) As a result, Ukraine has moved up in the World Bank’s Doing Business ranking, and in 2020 the country ranks 64th in the ease of doing business and 45th in the minority shareholders protection component.
Expat on the Market: Interview with Daniel Bilak of Kinstellar
Daniel Bilak is the former Managing Partner at CMS Kyiv, Chairman of UkraineInvest, and new Senior Counsel at Kinstellar, on his diverse background and fascinating career.