Eversheds Lina & Guia Vision. Passion. Integrity. Clarity ... · complex work, coupled with small-firm client care and attention to detail. In 2011, the firm became a member of Eversheds

Eversheds Lina & GuiaVision. Passion. Integrity. Clarity. Commitment.

Eversheds Lina & Guia is an energetic and enterprising legal practice committed to providing the highest quality of legal service.

We understand that today’s complex world requires a global and integrated approach to problem solving. Our attorneys are well equipped to offer first-class advice on a wide range of legal topics and address every facet of a project in a comprehensive manner. Their outstanding track records in a diversity of industries enables them to provide knowledgeable, nuanced and balanced legal support to corporate as well as private clients.

Since the foundation of the firm back in 2006, our practice has developed into one of the strongest and most respected in the market, with a stellar portfolio of clients and deals. We offer big-firm standards and the capability to undertake complex work, coupled with small-firm client care and attention to detail.

In 2011, the firm became a member of Eversheds International – one of the largest law firms in the world, with almost 5,000 people in nearly 50 office across Europe, the Middle East, Africa and Asia. This affiliation increases our international reach and exposure, and provides us with a global vision and the ability to assist you with cross-jurisdictional advice in real time and on competitive terms. It also gives us access to the enormous wealth of experience and know-how of one of the world’s legal powerhouses.

Who we are

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What we do

Antitrust and competition

• merger clearance filings

• assisting during sector/targeted Competition Council investigations

• pricing issues – suggested resale prices, minimum advertised pricing programs, volume and functional price discounts

• exclusive arrangements

• licensing

• joint ventures

• territorial restrictions

• rebates and promotional allowances and other significant competition law issues

• enforceability and compliance review of distribution agreements

• competition compliance assessments and audits – full review of activities with relevance under Competition Law; drafting and implementing a competition compliance programme (including competition compliance manuals, competition compliance training, dawn raid training).

Aviation and aviation financing

• aviation financing

• aircraft acquisition

• dry and wet leases

• structuring financing arrangements (financial leases)

• regulatory advice

• dispute resolution

• ground handling services for GAT and commercial aviation.

Below are a few examples of the practice areas in which we advise and the services we offer. Please contact us with any legal issues you might have.

What our clients say

“ ”The firm has excellent judgment of tactical and strategic issues associated with an M&A deal.

Legal 500

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Banking, finance and financial services

• project and infrastructure finance

• restructuring

• acquisition financing

• real estate financing

• bilateral or syndicated lending transactions

• derivative instruments

• drafting standard documentation

• banking regulation and compliance

• structuring, assessment and enforcement of security

• implementation of various banking products

• capital markets transactions

• treasury services.

Construction and engineering

• vendor and acquisition due diligence

• incorporation, divestment of companies active in these sectors and general corporate secretarial services

• acquisition, development and lease of various projects (retail and office buildings, logistics, etc)

• structuring projects; drafting project documentation

• obtaining required permits and authorisations

• transactional assistance

• dispute resolution and court proceedings in connection to these type of projects.

Contracting

• compliance and enforceability review of contracts

• preparing and negotiating a wide array of contracts: sale and purchase agreements, usufruct agreements, security agreements, lending agreements, franchising agreements, licensing agreements, distribution agreements, services agreements, copyright agreements, etc

• termination of agreements – assessment of the risks and potential liabilities; negotiating early termination.

Corporate governance and compliance

• incorporation and liquidation of companies (including branches, representative offices, association, foundations)

• domiciliation and secretarial services

• liability of governing bodies

• compliance and regulatory matters, ranging from anti money-laundering to industry-related permitting, licensing and authorisations.

Data protection

• auditing data protection practices and drafting compliance policies

• implementing technical reporting hotlines and staff monitoring tools, email and internet use

• advising on record retention issues

• advising on internet use related data protection issues: cookies, advertising, etc

• notifications or obtaining permits from the relevant authority in respect to data processing

• training on data protection

• general data protection advice.

Dispute resolution and insolvency

• commercial and civil disputes

• local and international arbitration

• early case assesment

• conciliation and mediation proceedings

• debt recovery

• administrative procedures and regularity litigation

• restructuring and creditors arrangements

• representing creditors in insolvency proceedings

“”

Well worth having on your team, especially during difficult takeover negotiations.

Legal 5003

Employment

• agency workers

• disciplinary cases

• employee benefits

• assessment, drafting, negotiating individual employment agreements

• employment disputes and claims

• employment termination

• executive appointments

• labour law, trade unions and national works councils

• collective dismissals and restructuring

• protection of employee in the case of transfers of undertakings

• compliance review of internal documents and procedures (eg drafting the Internal Rules and Regulation, drafting employee assessment and supervision procedures, etc)

• drafting and negotiating collective bargaining agreement.

Energy and natural resources

• advising international energy traders in setting up their operations and obtaining the relevant licenses in Romania

• compliance and enforceability review of power trading agreements

• energy project financing arrangements

• implementation of standard trading agreements in Romania

• acquisitions, divestments and restructuring of energy companies

• renewable energy plants/sources projects – biomass, solar energy

• day-to-day corporate matters

• concessions and joint ventures

• power, gas, carbon and green certificates trading

• oilfield services agreements

• mining and natual resources.

Environment• representing the client in front of the Environment

Protection authority in various proceedings

• environment permits related issues (amending environment permits, transferring environment permits, etc)

• notifications to the Environment Protection Authority

• key personnel training regarding Environment Protection Authority inspections

• compliance

• contaminated land

• trading schemes.

Franchising

• compliance and enforceability review of franchising agreements and franchise networks

• competition law compliance of franchising agreements

• drafting and reviewing transaction document

• franchising related trademark issues

• structuring franchising agreements; identifying possible alternative scenarios.

In-house counsel support and training

• tax authority inspections

• competition compliance authority inspections

• insurance compliance authority inspections

• employment authority inspections

• Environment Protection Authority inspections

• data protection compliance authority inspections

• the impact of the newly enforced Civil Code

• competition compliance

• subscriptions to our legal brief – an update on the most important legal developments.

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Insurance• incorporationofinsurancecompaniesandgeneral

corporate secretarial services

• variousissuesinfrontoftheregulator

• trainingoninsuranceregulatorinspections

• generalcomplianceandregulatorymatters

• drafting/reviewingagreements

• claimsassessmentanddispute

• portfoliotransfers.

Intellectual property

• unfaircompetitionclaims–preparingandfiling the claim; representing the client in front of the competent authority

• copyrightissues:complianceandenforceabilityreviews,drafting and negotiating copyright agreements, etc

• trademarks:complianceaudit,trademarkregistration,etc

• patents:supervisingandcoordinatingthepatentregistration process; patent related litigation, etc

• licensingandIPrightstransferring

• IPdisputeresolution.

Mergers and acquisitions• coordinating/preformingduediligence

• structuringthedeal(acquisitions,divestures,divisions,restructuring, mergers, de-mergers, etc)

• jointventures

• acquisitionofdistressedassets

• draftingtransactiondocumentation

• negotiationandclosing

• post-completion/integrationassistance

• Liaisingwithpublicauthoritiesandcoordinating/supervising notification procedures.

”“The lawyers are superb

at finding solutions and they have incredible commercial understanding.

Chambers Europe

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Public procurement

• tendering proceedings; assessing/preparing the tender documentation

• drafting concession documentation

• structuring PPP agreements

• challenges to tender requirements or outcome

Real estate

• initial due diligence

• structuring of transactions

• financing and financial support arrangements

• concession contracts

• joint ventures

• construction contracts

• subcontracts

• leasehold grants

• project management agreements.

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Extremely professional and responsive, Eversheds Lina & Guia definitely is our first choice for litigation and arbitration. We believe such a partner is indispensable to every company in today’s business reality. They are able to tackle a considerable volume of high-profile work with a level of dedication and attention to detail which always exceeds our expectations.

Client testimonial

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Contact detailsFor more information regarding our experience in each practice area please contact:

Antitrust and competition

Mihai [email protected]

Aviation and aviation financing

Adrian [email protected]

Banking, finance and financial services

Cristian [email protected]

Construction and engineering


Contracting


Cristina Popescu [email protected]

Corporate governance and compliance

Cristina [email protected]

Data protection


Dispute resolution and insolvency

Sorin [email protected]

Mihai Jelea [email protected]

Employment


Energy and natural resources


Adrian Iordache [email protected]

Environment


Franchising


In-house counsel support and training



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Insurance



Intellectual property


Mergers and acquisitions

Mihai Guia [email protected]

Cristian Lina [email protected]

Public procurement



Real estate


Eversheds Lina & Guia contact details

Eversheds Lina & GuiaVictoria Center, floor 9145 Calea Victoriei,Bucharest 1, Romania

Tel: +40 21 311 2561Fax: +40 21 311 2562

www.eversheds.ro [email protected]

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www.eversheds.ro©Eversheds Lina & Guia 2012. Eversheds Lina & Guia

is a member of Eversheds International Limited.EINT1183

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Eversheds Lina & Guia Vision. Passion. Integrity. Clarity ... · complex work, coupled with small-firm client care and attention to detail. In 2011, the firm became a member of Eversheds