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Newsletter September 2019 Nina Boteva Law Office

The Electronic Communications Networks and Physical Infrastructure Act (ECNPI) was promulgated at the beginning of March 2018. This Law regulates public relations connected to the deployment, use, maintenance and development of electronic communications networks; providing access to and use of existing physical infrastructure; the rights and obligations of network operators, contractors, property owners, persons who manage or use real estate and tenants.

The ECNPI introduced the notion “Single Information Point (SIP)”, which is an electronic platform, integrating and systematizing information on the procedures and regulations governing the deployment and maintenance of infrastructure, including the authorities competent to issue acts in this field and their respective fees. There is guaranteed access to all available sample documents for obtaining permits and other infrastructure-related acts. This Act outlines the conditions for the completion and submission by electronic means of applications and documents necessary for the deployment and maintenance of electronic communications networks and physical infrastructure, as well as for receiving information on the progress of their review by the competent authorities.

The conditions for granting access to information contained in the SIP are governed by the Ordinance on data formats and the terms and conditions for submitting access to information in the Single Information Point (hereinafter Ordinance), which was published in the middle of September in the Bulgarian State Gazette. The purpose of the Ordinance is to regulate the order and manner of providing information from and to the SIP. The latter was created as a geographical information system, however it is necessary to establish specific technical rules that will make possible the effective implementation of Art. 4 of the ECNPI and will lead to the achievement of the objectives set out therein for efficient and easy access to information regarding physical infrastructure. This will create conditions for accelerated deployment of high-speed electronic communications networks, reduction of investment costs, provision of effective control, respectively, increasingly satisfying the needs of users of modern and diverse electronic communications services.

Women in Healthcare Leadership Collaborative gains momentum

Sheppard, Mullin, Richter & Hampton LLP recently announced the formation of the Women in Healthcare Leadership Collaborative (WHLC), an exclusive leadership initiative for women in-house attorneys, compliance officers, business leaders and other professionals in the healthcare industry who have the talent and drive to advance their careers in a dynamic and heavily regulated industry. WHLC provides its members with legal and industry insights on critical issues in healthcare today, as well as professional skills training and development, networking and mentoring opportunities.

The WHLC kicked off its programming series with a well-attended roundtable discussion on September 17 on “Social Determinants of Health: Developing & Leveraging Partnerships with Community-based Organisations,” featuring presenter Dr. Amanda Parsons, Deputy Chief Medical Officer at MetroPlus Health Plan and Dawn Johnson, Principal at COPE Health Solutions.

“There wasn’t an empty seat in the room; proof that members are hungry for this type of engaging, substantive and highly relevant content and for the opportunity to connect with other women leaders in the healthcare industry,” said Amanda Zablocki, senior associate and co-leader of Sheppard Mullin’s WHLC program.

Danielle Vrabie, senior associate and co-leader of Sheppard Mullin’s WHLC program, added: “We saw members already forming new connections and discussing future collaborations. We are excited to build on this momentum and create additional programming on topics our members are eager to digest.”

“This collaborative is unlike any other within the healthcare industry,” said Eric Klein, leader of the firm’s Healthcare team. “As a leading healthcare law firm, Sheppard Mullin is well positioned to connect like-minded women leaders in healthcare and offer targeted programming on critical issues that matter to them. We are very proud of bringing this vision to life and how quickly it has attracted national interest.”

The WHLC will host its next program in New York on January 23, 2020 and it will be streamed live in the firm’s San Francisco office. It will feature a lively roundtable discussion with Sheppard Mullin healthcare attorneys Christine Clements, Bevin Newman, Allison Fulton and Kathleen Stratton on “A View from the Capitol: 2020 Healthcare Policy, Legal and Regulatory Predictions.”

If you would like to find out more information, please visit: https://www.sheppardmullin.com/

Ten Clifford Law Offices Lawyers Named to 2020 Best Lawyers® list

Ten Clifford Law Offices lawyers have been included in the 2020 Edition of The Best Lawyers in America. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence.

Lawyers on The Best Lawyers in America list are divided by geographic region and practice areas. They are reviewed by their peers on the basis of professional expertise.

Several of the recognised attorneys at Clifford Law Offices have been listed in Best Lawyers for years. Robert A. Clifford has been listed as a Best Lawyer for over 25 years.

The following lawyers were named to the 2020 The Best Lawyers in America list:

  1. Richard F. Burke, Jr. (Recognised in Best Lawyers since 2015)
  2. Robert A. Clifford (Recognised in Best Lawyers since 1993)
  3. Bradley M. Cosgrove (Recognised in Best Lawyers since 2019)
  4. Sean P. Driscoll (Recognised in Best Lawyers since 2018)
  5. Kevin P. Durkin (Recognised in Best Lawyers since 2011)
  6. Keith A. Hebeisen (Recognised in Best Lawyers since 2011)
  7. Shannon M. McNulty (Recognised in Best Lawyers since 2015)
  8. James C. Pullos (First year recognised in Best Lawyers)
  9. Henry Simmons (Recognised in Best Lawyers since 2019)
  10. Robert P. Walsh (Recognised in Best Lawyers since 2018)

“Best Lawyers was founded in 1981 with the purpose of highlighting the extraordinary accomplishments of those in the legal profession. After three decades, we are proud to continue to serve as the most reliable, unbiased source of legal referrals worldwide,” says CEO Phillip Greer.

About Clifford Law Offices

Clifford Law Offices is ranked as one of the top law firms in Illinois and the country. They are recognised leaders in aviation litigation, complex personal injury, wrongful death cases, medical malpractice, products liability, premises liability and transportation litigation. Clifford Law Offices also has a reputation in class action litigation, whistleblower cases and commercial litigation cases.

Acquisition of Turkish Citizenship by Foreign Investment

The Regulation of Implementation of the Turkish Citizenship Law (“Regulation”) has been amended by Presidential Decree No:106 effective from the date of publishing which is 19.09.2018. In accordance with the Turkish Citizenship Law No:5901 (“Law”), Regulation enables foreign investors to acquire Turkish Citizenship exceptionally by investment ways as below:

  1. to make fixed capital investment worth minimum 500.000 USD, equivalent foreign currency or equivalent amount of TL, to undertake not to transfer the company for following three years and to have the investment determined by the Ministry of Industry and Technology,
  2. to purchase real estate worth minimum 250.000 USD, equivalent foreign currency or equivalent amount of TL, to put an annotation onto the title deed stating that property shall not be sold in the following three years and to have the investment determined by the Ministry of Environment and Urbanism,
  3. to sign preliminary sales contract intended for the real estate, which has construction servitude or condominium registration, worth minimum 250.000 USD, equivalent foreign currency or equivalent amount of TL and to make the such payment in advance, to put an annotation states that preliminary sales contract shall not be transferred or abandoned for following three years onto the title deed and to have the investment determined by the Ministry of Environment and Urbanism,
  4. to employ minimum fifty employees and have such employment determined by the Ministry of Family, Labor and Social Services,
  5. to deposit minimum USD 500.000 USD, equivalent foreign currency or the equivalent amount of TL in banks operating in Turkey and to undertake not to withdraw the deposit for the following three years and to have such barred deposit determined by the Banking Regulation and Supervision Agency,
  6. to purchase public borrowing instruments worth minimum USD 500.000 USD, equivalent foreign currency or the equivalent amount of TL and to undertake keeping the instruments for following three years and to have the investment determined by the Ministry of Treasury and Finance,
  7. to purchase real estate investment trust or venture capital fund shares worth minimum 500.000 USD, equivalent foreign currency or the equivalent amount of TL and to undertake keeping the instruments for following three years and to have the investment determined by the Ministry of Treasury and Finance.

Ministry of Interior, General Directorate of Civil Registration and Citizenship has published Instruction of Procedures and Principles Regarding Acquisition of Turkish Citizenship by Foreign Investors (“Instruction”) which regulates the process of the application. The Instruction foresees that exclusive/joint offices shall be established in Ankara and Istanbul. Officers of General Directorate of Civil Registration and Citizenship, General Directorate of Migration Management and Determination Institutions shall provide the services in conjunction.

  • Applicants completed the investment according the Regulation, shall apply for Certificate of Conformity to the Determination Institutions. Obtaining the Certificate of Conformity allows the applicants apply for citizenship and residency permit referred to in article 31/j of the Law on Foreigners and International Protection No:6458 with joint documents. Application for citizenship shall be made to the Exclusive/Joint Offices with granted residency permit and required documents for citizenship. Required documents are as follows:
  • Applicant’s passport as translated and notarized. (should cover ID information, photograph and all the pages of entrances and leaves)
  • In case of statelessness, documents which certifies statelessness (As translated, notarized and authorized by the Turkish Consulate or by Apostille)
  • Birth Certificate or any official document covers applicant’s birth date/birth place/parents’ name information such as identity register copy. (As translated, notarized and authorized by the Turkish Consulate or by Apostille)
  • In the event of lack of birth date information; signed declaration to recognize Turkish Civil Registry Services Act’s authorization)
  • Certificate states applicant’s civil status such as married, divorced or widowed: Marriage Certificate, Divorce Certificate, Death Certificate. (As translated, notarized and authorized by the Turkish Consulate or by Apostille)
  • If applicant is married; identity register copy or similar document proves the family bond of spouse and children (As translated, notarized and authorized by the Turkish Consulate or Apostille)
  • If the child is in the guardianship of one parent; document states consent of the other parent as translated and notarized/certified by the authorized officer in Turkey, or document states consent of the other parent admitted from foreign representative offices/authorized institutions as translated, notarized and authorized by the Turkish Consulate/Apostille
  • Criminal record (in case of request)
  • 6 biometric photos (must be taken within last 6 months, regulated by ICAO, 50×60 mm size, white background, without pattern)
  • Receipt of Application Fee
  • Health Insurance
  • The Certificate of Conformity

Certificate of Conformity granted by the pertinent Authority is required to complete the application file as a determination of the investment. In acquisition of Turkish Citizenship through real estate purchase procedure, an application to authorized Directorate of Land Registry which is related to Ministry of Environment and Urbanization, shall be made to obtain a Certificate of Conformity. This document purports to indicate that the monetary value of the real estate purchase has exceeded the threshold figure of 250.000USD, and a record has been entered into land registry record stating that the ownership status shall not change for a period of three years.

In acquisition of Turkish Citizenship through bank deposit, an application to Department of Financial Consumer Relations of the Banking Regulatory Authority, shall be made to obtain a Certificate of Conformity purports to indicate that, 500.000 USD or equivalent amount of other currencies have already been deposited at a bank operating in Turkey and a record has been entered into the bank account inhibiting the withdrawal of the money for a period of three years.

Foreign investors who had been granted with the Turkish Citizenship should meet abovementioned requirements for the duration which has stated in the Regulation. In case the investor fails to maintain such requirements, determination institutions would notify General Directorate of Civil Registration and Citizenship and General Directorate of Migration Management. Subsequently, citizenship status shall be revoked in accordance with article 31 of the Law.

VEGAS LEX on The Legal 500 EMEA 2019 rankings

VEGAS LEX has improved its ranking in traditionally strong categories of The Legal 500 EMEA 2019. In particular, the firm ranks first in PPP and infrastructure projects category.

Many experts of VEGAS LEX have been recommended in the ranking. The following experts have been named in the individual ranking in the PPP and infrastructure projects category:

Competition Law

VEGAS LEX focuses on anti-monopoly cases, compliance projects and regulatory advice. Alexander Sitnikov heads the practice, which handles work for key clients such as pipe producer TMK and Roche Diabetes Care Rus.

Dispute Resolution: Litigation

At VEGAS LEX, managing partner Alexander Sitnikov’s extensive experience in the corporate space covers conflicts relating to investment projects, the protection and recovery of business assets, corporate governance and restructuring. Department head Victor Petrov has a strong track record in commercial, corporate, insurance and bankruptcy disputes. Evgeniy Rodin is recommended for energy disputes. The practice represents a mix of clients from the aerospace, energy, life sciences and retail sectors.

Energy & Natural Resources Law

Specializing in power generation projects, VEGAS LEX regularly represents clients such as OGK-2 and Irkutsk Electric Grid Company in contractual, commercial and tax-related disputes. Evgeniy Rodin and Alexander Sitnikov are the main practitioners.

PPP & Infrastructure Projects

According to one client, VEGAS LEX has ‘the leading practice in the Russian PPP sector’; the team is known for its strong focus on large-scale PPP projects in the energy, transportation, ports and healthcare-related areas. The ‘highly reputable’ practice is led by ‘industry expert’ Denis Shtirbu and is well known for advising federal and regional governmental agencies and state-owned companies including Russian Railways and the Ministry of Transport of the Novosibirsk region. Irina Dolgikh ‘demonstrates exceptional knowledge, professionalism and attention to detail’.

Real Estate & Construction Law

Headed by the ‘diligent and responsible’ Igor Chumachenko, the real estate department at VEGAS LEX provides ‘high-quality and cost-effective legal services’ and is recommended for its ‘deep familiarity with the Russian regulatory framework and the local implementation of EPC projects’. The team supported the Development Corporation of Kamchatka with the implementation of the modernisation project concerning the Petropavlovsk-Kamchatsky (Yelizovo) airport.

TMT Law

The TMT practice at VEGAS LEX is headed by Alexandra Vasukhnova and advises on regulatory, contractual and e-commerce matters. Natalia Abtseshko is also noted. Clients include animation studio Sky and creative digital marketing agency Jami, among others.

Tax Services

VEGAS LEX has expertise across a broad range of tax matters including domestic and foreign tax structuring, tax support for major infrastructure projects and M&A transactions and customs. Yuriy Ivanov specializes in contentious tax and tax planning; he recently advised Russian Post on taxation and customs clearance matters pertaining to international mail and cargo operations. Denis Kozhevnikov assists Ivanov with contentious tax matters.

Transport Law

At VEGAS LEX, Denis Shtirbu heads the transport practice, which assists clients with major railroad infrastructure projects. The team advised the Ministry of Transport of the Novosibirsk Region during negotiations with government agencies regarding a high-value railway concession initiative. Dorogi Rossii is another notable client, among others.

If you would like to get more information about VEGAS LEX, please visit https://www.vegaslex.ru/

AVELLUM successfully represents the client in GAFTA appeal

The GAFTA Board of Appeal satisfied in full the Client’s claim of approximately $150,000 (USD) seeking compensation for damages specified in a washout agreement that were caused by the failure to comply with the contract.

A washout agreement is a settlement agreement by which a party seeks to terminate the contract, without declaring a default, with compensation paid by the party who refuses to fulfil the contract. Typically, the compensation is the difference between the contractual price of the goods and the market price of the goods on the day of such a refusal.

The question of whether the parties concluded a washout agreement arises more and more often in trade disputes and has become the “cornerstone” of the case.

Iryna Moroz, partner of AVELLUM, commented as follows: “Our biggest challenge was that the parties discussed the agreement verbally through brokers. In addition, there were no formal labour or contractual relations between the representative of the counterparty and the company represented by him. These circumstances served as a ground for the counterparty to challenge the conclusion of the contract.

However, English law is flexible as to the form of a contract, which can be concluded either verbally or in writing using all possible means of communication. The authority of the company’s representatives is presumed in English law. That is why the existence of formal labour relations or other corporate restrictions in no way affects the possibility of concluding a contract.”

The AVELLUM team successfully proved that the parties had actually agreed the washout agreement verbally through the broker. Furthermore, arbitrators confirmed the general position of English law that any person who represents a company may enter into a contract, regardless of his or her position in the company and the existence of formal labour relations.

The AVELLUM team was led by partner Iryna Moroz with support of senior associate Dmytro Koval.