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Insolvency & Bankruptcy formerly Goltsblat BLP in Russia

Insolvency & Bankruptcy and... · Insolvency & bankruptcy / 01 During the current economic and financial turmoil, effective legal support in the area of ... a client for settling

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Page 1: Insolvency & Bankruptcy and... · Insolvency & bankruptcy / 01 During the current economic and financial turmoil, effective legal support in the area of ... a client for settling

Insolvency & Bankruptcyformerly Goltsblat BLP

in Russia

Page 2: Insolvency & Bankruptcy and... · Insolvency & bankruptcy / 01 During the current economic and financial turmoil, effective legal support in the area of ... a client for settling

Insolvency & bankruptcy / 01

During the current economic and financial turmoil, effective legal support in the area of restructuring, insolvency and bankruptcy is vital.

The Bryan Cave Leighton Paisner (Russia) LLP bankruptcy group has extensive experience in providing appropriate support for company bankruptcy procedures and acting for creditors during troubled debt recovery in various areas of business. This helps our lawyers evaluate correctly the prospects for debt repayment by troubled debtors, select the best option for a client for settling troubled debts and make sure all the client’s claims are satisfied as far as possible during debtor bankruptcy procedures.

A holistic approach and win-win financial solutions for our clients, tailored to both business objectives and the market situation, are the key principles pursued by our bankruptcy team.

One of the best in the Russian market.

The Legal 500

Represents both creditors and debtors in insolvency-related litigation matters. Advises on debt recovery cases, with notable activity in cross-border litigation related to the liquidation of assets. Also represents domestic and international companies as creditors and has further experience in secondary liability cases.

Chambers Europe 2019 about Insolvency & Bankruptcy practice

Ivan VeselovPartner Т.: +7 495 287 44 44 [email protected]

Elena TrusovaPartner Т.: +7 495 287 44 44 [email protected]

Anton PanchenkovPartner Т.: +7 495 287 44 44 [email protected]

Oleg ArkhipovPartner Т.: +7 495 287 44 44 [email protected]

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• We are one of few international law firms in Russia able to offer its clients the full range of legal services on restructuring, insolvency and bankruptcy, including cross-border bankruptcy.

• Our bankruptcy group has unique experience in supporting clients at any stage: from advising on particular issues to rendering comprehensive legal support for all bankruptcy procedures. Moreover, we provide our clients with professional services of the highest quality, irrespective of their type and scope.

• Having leading specialists in different branches of Russian law (including tax, real estate, corporate governance, criminal law and proceedings, etc.), we are able to provide overall legal support on all issues arising from both debt enforcement and bankruptcy procedures.

• Extensive experience in supporting company bankruptcy procedures in different sectors.

• Wide experience in cooperating with professional court-appointed administrators (insolvency officers) whom we may recommend to our clients for conducting relevant procedures in accordance with the law.

• We hold a strong position on the Russian market and are able to represent clients throughout Russia: in contrast to many of our competitors, we have a full range of capabilities, resources and experience for acting for our clients before supervisory, law-enforcement and other agencies in virtually all parts of Russia, from Kaliningrad to Sakhalin.

• Our bankruptcy group is distinguished by its ability to engage specialists in virtually all the main legal systems (English, US, Russian, Chinese, Islamic, German, French and Israeli law) from within a single law firm, this constituting a tremendous advantage for clients whose interests are not confined to the Russian Federation.

Why Bryan Cave Leighton Paisner (Russia) LLP?

We have a rather flexible fee policy. It includes hourly rates of our specialists, one-off or monthly remuneration or a “success fee”. Depending on the scope of the services, we select the most appropriate payment terms.

Неcостоятельность и банкротство / 0302 / Insolvency & bankruptcy

>180the international team consists of over 180 lawyers

Our international team of dedicated dispute resolution lawyers provides support at our offices in Moscow, London, as well as in 32 offices all over the world.

The Dispute Resolution practice and partners of the practice for several years has been top-ranked / highly recommended by major international legal directories, such as Сhambers & Partners, The Legal 500 EMEA, Best Lawyers and others.

One of the go-to firms for litigation. As professionals giving advice they are fantastic!

Chambers Europe

We hold a strong position on the Russian market and are able to represent clients throughout Russia: from Kaliningrad to Sakhalin.

Great local and international knowledge.

Chambers Europe 2015

Bryan Cave Leighton Paisner

(Russia) LLP

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SERVICES TO CREDITORS

Out-of-court debt repayment, including acting for creditors in negotiations with debtors, preparing and forwarding repayment demands.

Pledged property foreclosure, including appraisal of the pledged asset, preparing and filing statements of claim, acting in court and supporting enforcement proceedings.

Legal support for assignment of receivables.

Preparing and submitting to a state arbitration court a creditor’s claim for inclusion on the register of the debtor’s creditors.

Arrangements for a comprehensive troubled debtor appraisal.

Elaborating a bankruptcy action plan depending on the creditor’s status and the amount of its claims in relation to the aggregate claims by the debtor’s creditors.

Analysing and making recommendations on proposals for replacing debtor’s assets and the termination compensation issue.

Other legal services for representing a client as a creditor.

Criminal prosecution of a debtor’s controlling parties (CEO, founders, etc.) and individual debtors, including for fraud, premeditated and fictitious bankruptcy.

Debt enforcement, including drafting and filing statements of claim, court representation and support for enforcement proceedings.

Collecting and compiling data in relation to debtors and their financial standing.

Taking actions for a secured creditor to retain a pledged asset in bankruptcy proceedings, including preparing and forwarding the relevant application to the receiver.

Drafting and submitting to a state arbitration court a creditor’s bankruptcy petition against the debtor.

Identifying transactions by the debtor that may be challenged on the grounds stipulated by the applicable legislation, including the Federal Law “On Insolvency (Bankruptcy)”, drafting statements of claim and issuing instructions to court-appointed administrators on the need to challenge transactions.

Enforcing secondary liability claims against a debtor’s controlling parties (CEO, founders, etc.)

SERVICES TO CREDITORS

Insolvency & bankruptcy / 0504 / Insolvency & bankruptcy

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Representing clients in negotiations with creditors, including with respect to debt restructuring.

Legal support for debt novation/assignment of receivables.

Preventing debt enforcement, including by acting in court and challenging transactions.

SERVICES TO DEBTORS

SERVICES TO DEBTORS

Elaborating bankruptcy prevention plans.

Criminal prosecution of a debtor’s former controlling parties (former CEOs, founders, etc.).

Analysing the property and financial standing of a debtor to determine a liquidation strategy.

Elaborating a liquidation plan, including through bankruptcy procedures.

Legal support for voluntary liquidation.

Other legal services for representing a client as a debtor.

Drafting a debtor’s bankruptcy petition and submitting it to a state arbitration court.

Insolvency & bankruptcy / 0706 / Insolvency & bankruptcy

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SERVICES TO DEBTORS /

CREDITORS

Advising on debt restructuring, liquidation and bankruptcy. Developing an accounts payable acquisition strategy and action plan in order to obtain a majority vote at the creditors’ meeting.

Legal support for acquisition of debtor accounts payable.

Acting for clients in court hearings of debtor bankruptcy cases.

Challenging unjustified and/or disputable claims against debtors in courts.

Legal support for receivership proceedings, including:

• drafting regulations on the procedure, the timelines and the terms for selling the debtor’s assets;

• drafting and negotiating with the pledge holder regulations on the procedure, the timelines and the terms for selling the debtor’s pledged assets;

• organising sale of the debtor’s assets by auction.

Organising and conducting meetings of the debtor’s creditors if court-appointed administrators avoid doing so.

Participating in creditor meetings (creditor committees).

Drafting and filing of applications with state arbitration courts for the claims to be included on the creditors’ register.

Appealing against actions/omissions by insolvency officers in courts, the federal executive supervisory body and/or self-regulating organisations.

Acting for clients in distressed debt trading.

Challenging debt portfolio sales results in court.

Selecting an insolvency officer on agreement with the client.

Legal support for insolvency officers.

Amicable settlement drafting, negotiating and signing support.

Legal support for external administration.

Legal support for financial recovery.

Legal support for the supervision procedure.

Challenging debtor property appraisals in court.

SERVICES TO DEBTORS/CREDITORS

Insolvency & bankruptcy / 0908 / Insolvency & bankruptcy

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AlitaliaAdvised Alitalia and a major global aircraft manufacturer on various debtor bankruptcy matters.

Major foreign bank

Successfully represented a big foreign bank, helping the client in having its claims, worth over USD 30 m, included on the creditor claims register of six joint and several debtors based in four Russian regions.

Mars, Brunswick Rail Leasing, Aeroplex

Provided comprehensive representation services to Mars, Brunswick Rail Leasing Aeroplex in major corporate bank-ruptcies in which our clients were involved as creditors.

Energy company Acted for an energy company in contesting an asset-siphoning transaction by a debtor placed under supervision.

Major foreign investment fund

Successfully assisted a major foreign investment fund in having its claim, worth over RUB 200 m, entered on a debtor’s creditor claims register.

Major global cosmetics and perfumery manufacturerProvided comprehensive support to a major global cosmetics and perfumery manufacturer in the bankruptcy case of Arbat (a big perfume retailer). We succeeded in having our client’s claims, worth over USD 12 m, added to the creditor claims register and were subsequently active in exercising control over the bankruptcy proceedings and receiver’s actions.

OAO OKB Sukhoi and OAO SeverstalProvided comprehensive support for the creditors’ committee of OAO OKB Sukhoi together with OAO Severstal in the ZAO Mezhprombank bankruptcy proceedings.

Major chocolate manufacturerRepresented a major chocolate manufacturer during the bankruptcy proceedings of a debtor (an ice-cream manufacturing plant).

Volkswagen Group Rus

Provided comprehensive support to Volkswagen Group Rus in bankruptcy cases of a number of former dealers. Bankruptcy creditors in one such case sought to invalidate pre-bankruptcy client/former dealer transactions to more than RUB 231 m. We succeeded in having the court uphold the legality of these transactions. As a result of the bankruptcy proceedings, our client’s claims were partially satisfied.

FG Wilson (Caterpillar (NI))Represented FG Wilson (Caterpillar (NI)) in a dispute worth more than USD 6 m over having the client’s claims entered on to the ADD Group creditor claims register under an English law guarantee.

TescoRepresented Tesco in bankruptcy cases of some of its vendors, counterparties and distributors.

Insolvency & bankruptcy / 11

Lehman Brothers Treasury Company BV

Providing legal support and advice to the Lehman Brothers Treasury Company BV insolvency officer on application of English bankruptcy laws.

The Royal Bank of Scotland

Represented the client in several cases related to bankruptcy and restructuring of a number of IT and financial service companies.

REPRESENTATIVE EXPERIENCE

10 / Insolvency & bankruptcy

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12 / Insolvency & bankruptcy

LONDON BERLIN, FRANKFURT

MOSCOW

ELENA TRUSOVA Partner, Advocate Т.: +7 495 287 44 44 [email protected]

OLEG ARKHIPOV Partner, Advocate Т.: +7 495 287 44 44 [email protected]

NATALIA BELOMESTNOVACounsel

EVGENY ORESHINCounsel, Advocate

RIMMA MALINSKAYACounsel, Advocate

IVAN VESELOVPartner Т.: +7 495 287 44 44 [email protected]

ANTON PANCHENKOVPartner Т.: +7 495 287 44 44 [email protected]

ANTON GUSEVHead of White Collar Criminal Defence Practice , Advocate

BEN JONESPartner, Head of Restructuring & Insolvency

THOMAS PRÜMPartner

FABIAN HARTWICHPartner

International firm with strong Russian roots noted for its abilities on the contentious side of restructuring insolvency.

Chambers Europe about Insolvency & Bankruptcy practice

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the US firm was founded that would become, subject to legal succession, Bryan Cave

the UK firm was founded that would become, subject to legal succession, Berwin Leighton Paisner (BLP)

one of Russia’s first law firms is founded by Andrey Goltsblat– Legal Practice

Pepeliaev, Goltsblat & Partners was founded, the biggest Russian law firm at that time

Goltsblat BLP was formed as a result of a merger with BLP

Bryan Cave combines with London-based BLP to form Bryan Cave Leighton Paisner

1873

1932

1994

2002

2009

2018

BRYAN CAVE LEIGHTON PAISNER GLOBALLY

Bryan Cave Leighton Paisner LLP law firm was formed in 2018 as a result of one of the biggest transatlantic mergers in the history of the legal business: the merger between the leading international law firms Bryan Cave LLP (U.S.) and Berwin Leighton Paisner LLP (UK), including its Russian practice Goltsblat BLP.

TODAY Æ Bryan Cave Leighton Paisner LLP is one of the biggest global law firms (among the top 50),

uniting more than 1,400 lawyers in 31 offices in 11 countries.

Æ Bryan Cave Leighton Paisner (Russia) LLP provides comprehensive legal support for any large-scale deals, projects and disputes in any jurisdiction, whenever and wherever clients might need it.

Æ Strong global practices and fully-integrated international teams in M&A, real estate, financial services and dispute resolution.

Æ The firm represents 40% of the Fortune 500, 30 of the world’s top 50 banks (by revenue) and 12 of the world’s biggest sovereign wealth funds.

Æ The firm has combined revenues of approximately USD 1 bn.

BEFORE THE MERGERBryan Cave

Æ one of the leading law firms in the US, its history going back one and a half centuries Æ 900 lawyers Æ 27 offices in North America, Europe and Asia Æ clients: major public multinational corporations, private companies, government entities and private

clients

Berwin Leighton Paisner (BLP) Æ a TOP-15 UK law firm, founded in 1932 Æ 500 lawyers Æ 14 offices in Europe, Russia (Goltsblat BLP), Asia and the Middle East Æ 8 times Law Firm of the Year award winner on different markets since 2004 Æ named a Top-5 ‘legal game changer of the last decade’ by the Financial Times (2015) Æ ranked Number 1 most innovative law firm by Legal Business (2017)

Goltsblat BLP Æ the Russian practice of BLP was formed in 2009 through a merger between Berwin Leighton Paisner

LLP and a team of lawyers headed by Andrey Goltsblat. As one of Russia’s biggest and best known legal teams, it has proven itself over more than 20 years as a market leader

REAL ESTATE & CONSTRUCTION

Æ for 9 years in a row ranked Band / Tier 1 by Chambers Europe and The Legal 500 in Russia and the UK Æ many times winner of Real Estate Law Firm of the Year, including Best Lawyers Russia 2017, 2019 and 2020;

Legal 500 UK Awards 2019

CORPORATE / M&A

Æ #1 law firm by M&A deal count in Russia in Q1-Q3 2018 according to Mergermarket, a leading M&A data and intelligence provider Æ #2 law firm by M&A deal count in Russia for 2019 according to the analytics platform Mergers.ru of Cbonds Group (as of 17 May

2019)

COMPETITION & ANTITRUST

Æ ranked Band / Tier 1 by The Legal 500, Chambers Europe and Pravo.ru-300 Æ Elite group by Global Competition Review / GCR 100 for 6 years running Æ Competition and Antitrust Law Firm of the Year in Russia: Best Lawyers Awards / 2018 and 2020 Editions

TAX PRACTICE

Æ Russia Tax Firm of the Year in both 2017 and 2018, shortlisted for 2019 - European Tax Awards | International Tax Review

DISPUTE RESOLUTION

Æ one of the biggest litigation teams in Russia, with 40 trial lawyers, including 17 advocates, based in Moscow Æ multi-area specialisation: provides not only comprehensive commercial litigation support but also targeted solutions for antitrust,

customs, tax, labour and IP cases, corporate criminal defence services to businesses and international arbitration

BANKING & FINANCE

Æ top ranked by The Legal 500 EMEA, Сhambers & Partners, IFLR 1000, Best Lawyers, etc. for several consecutive years Æ the banking and finance deals handled by the Moscow team of lawyers over the last 18 months topped USD 4.5 bn in value

INTELLECTUAL PROPERTY PRACTICE

Æ ranked Band / Tier 1 by The Legal 500 2019 and Pravo.ru-300 2018 Æ ranked Band / Tier 2 by Chambers Global 2019

EMPLOYMENT PRACTICE

Æ among the strongest teams in Russia, highly recommended by The Legal 500 and Chambers & Partners (Band / Tier 2) and Pravo.ru-300 2018 (Band 1)

BRYAN CAVE LEIGHTON PAISNER IN RUSSIA

The Russian practice of Bryan Cave Leighton Paisner (formerly Goltsblat BLP in Russia) is a well-established, stable team, one of the biggest on the Russian market; built up over more than 20 years, it is a recognised leader in Russia. The history of the BCLP Russian office includes the merger, in 2009, between one of the biggest teams on the Russian market, led by Andrey Goltsblat, and the leading UK law firm Berwin Leighton Paisner (BLP).

The Moscow office has more than 100 lawyers qualified under Russian, English and US law (State of New York).

>20>100

5x42

№1

Five times winner of Law Firm of the Year in Russia since 2009, including Chambers Europe Awards 2010, 2014 and 2015; The Legal Business Awards (The Legal 500) 2010; The Lawyer European Awards 2014.

42 of the Firm’s lawyers are included in the Best Lawyers 2020 rating (with a total of 73 mentions) and are recommended in 22 practice areas. This is one of the highest achievements among law firms in Russia.

Leading positions and profound Russian law expertise with the absolute majority of the practices in Russia recognised as market leaders / top-ranked by leading national and international rankings (The Legal 500, Chambers&Partners, Best Lawyers, Mergermarket, Pravo.ru-300, etc.).

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AMERICAS

Atlanta

Boulder

Charlotte

Chicago

Colorado Springs

Dallas

Denver

Irvine

Jefferson City

Kansas City

Los Angeles

Miami

New York

Phoenix

San Francisco

St. Louis

Washington MIDDLE EAST

Abu Dhabi

Dubai

Tel Aviv

EUROPE

Berlin

Brussels

Frankfurt

Hamburg

London

Manchester

Moscow

Paris

ASIA

Beijing

Hong Kong

Singapore

We operate where you operate

31 offices in 11 countries

Working from 31 offices around the world, our advice has touched countries throughout the Americas, Asia, Europe, the Middle East and Africa.

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Bryan Cave Leighton Paisner (Russia) LLP

Capital City Complex Moscow City Business Centre 8, Presnenskaya Nab., Bldg.1, Moscow 123100, Russia Tel.: +7 495 287 44 44 Fax: +7 495 287 44 45Email: [email protected]

www.bclplaw.ru/enwww.bclplaw.com