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Legal support to a major car manufacturer during its global reorganisation Our corporate lawyers advised a major car manufacturer on a global reorganisation involving its foreign distributors. The EUR 40 million project involved entities incorporated in Russia, Ukraine, France, Czech Republic, Latvia, Kazakhstan, and Uzbekistan. Our lawyers’ main role was managing the assets owned by more than 30 of the client’s subsidiaries in the above countries and subsequently advising the client on potential beneficial ways of restructuring the group considering the global changes made to its cost allocation policy.
The main goal of the project was to reorganise and close the entire overseas part of the business. The practice’s lawyers advised the client in all of the above jurisdictions on corporate, tax, labour, and commercial matters. Furthermore, in order to ensure that the restructuringproceeded efficiently, two partners of Pepeliaev Group were elected to the executive committee of the board of directors of the holding company to personally manage all the processes under the project.
Developed the optimal scenario for the import of equipment for a major car manufacturer

Pepeliaev Group’s lawyers developed the optimal scenario to import equipment taking into consideration its specific features, the possibility to ship it in assembled form, and contractual relations between the clients and their suppliers of equipment. Our experts also developed a scenario to import the equipment in parts and components and set up a schedule for supplies of such parts. In order to develop a fitting import model, the following factors also had to be taken in account: (i) assigning CCFT codes to the imported equipment and its parts, (ii) the possibility to apply zero import duties and VAT rates to production equipment manufactured outside Russia, (iii) whether it was necessary to obtain certificates of conformity for the equipment and its parts and components as well as special aspects of calculating their customs value, and (iv) whether it was possible to repair or recycle conditionally released equipment as well as the customs requirements when doing so. 

Legal support in a project implemented by the largest European car manufacturer

Our Real Estate Practice’s lawyers provided comprehensive legal support to a leading European car manufacturer which enjoys the same prominence on a global scale. The development project the client implemented in Moscow included the construction of an individual building and the subsequent purchase of A-class warehousing facilities with an area of 60,000 sq.m. The value of the transaction was estimated at around USD 80 million.

Assisting a major investor to obtain federal benefits

Our lawyers provided legal assistance to a leading global car manufacturer in the context of building a car assembly plant in St Petersburg. The project involved negotiations with the representatives of regional state authorities on issues related to obtaining the status of a strategic investor, and providing support to the client in negotiations with the Russian Ministry of Economic Development and Trade, the Federal Customs Service, and other bodies. In addition, our lawyers provided support to the client when entering into an investment agreement, selecting a land plot, and provided advice on employment matters when putting the completed plant into operation. 

Advisory services to a client in the context of the antitrust legislation of Russia and of the Eurasian Economic Union

Pepeliaev Group’s lawyers advised an international manufacturer of automotive vehicles on an export model for the distribution of goods in the context of the antitrust legislation of Russia and the Eurasian Economic Union (EAEU).

Supporting an airline in challenging the results of a tender

Pepeliaev Group’s experts represented a Russian airline when it challenged the results of a tender and an agreement the vendor was forced to enter into with the airline. Despite there being no existing case law in this area, Pepeliaev Group’s lawyers managed to have the claim denied by the court of first instance and court of appeal, thus creating a legal precedent.

Representing a client accused of having entered into a cartel agreement: the court has ruled in our favour

The Practice’s lawyers represented a large transport operator who, together with ten other companies, was accused of having entered into a cartel agreement and an anticompetitive agreement with a state authority. 

As part of the project, Pepeliaev Group’s lawyers provided the following services to the client: devised a case strategy, developed the client’s case, gathered evidence, interacted with economic advisers and other participants in the case, and represented the client through all stages - before the client was held administratively liable, while the administrative proceedings were ongoing against it, and in court. The decision of the court of cassation was handed down in favour of our client and the court refused to refer the appeal was to the Judicial Panel of the Russian Supreme Court.
Successfully contesting the ruling of a fine for false advertising Pepeliaev Group’s lawyers successfully represented an FMCG company before the FAS when the resolution was contested of the Stavropol Office of the FAS that the company be fined for violating the Law on Advertising, in particular, for false advertising. The FAS made claims concerning an allegedly inaccurate piece of advertising. Thanks to the efforts of our lawyers the case was terminated and the FAS’s resolution set aside. 
Exhaustion of rights to use a trademark Analysed whether the rights of third parties have been exhausted in relation to the possibility of using in advertisements the trademarks owned by our clients that are major players in the Russian car market.
Compensation programmes and bonuses
Advised car manufacturers on how to provide share options to senior management and on how to structure different bonuses and commissions for other categories of employees.
Working with trade unions
Provided legal support to several leading car manufacturers in negotiations with trade unions, which were supported by representatives of the Association of Trade Unions. We focused on avoiding the abuse of rights by trade unions and applying the employment legislation and legislation on trade unions.
Drafting of a construction agreement Drafted a construction agreement and its appendices for one of the world's largest car manufacturers. The work also included bringing the accepted international construction procedures applied by the company into line with Russian legislation
Legal advice on the set-up of a joint venture Advised a consortium of investors in connection with the launch of a Russian-Korean-Chinese project. This was a joint venture for the construction of a cargo terminal in the Russia’s Far East. Investments in the project exceeded USD 100 million. 
Investement project involving construction of an automobile manufacturing facility Provided full support to a leading international automobile manufacturer during the construction of a manufacturing facility in St. Petersburg. The work included: negotiating an investment agreement; formalising the status of a strategic investor with the local authorities; advising on tax incentives; selecting the land plot and assisting with its acquisition; advising on employment, corporate, customs issues, etc. 
Advising a major car manufacturer Advised a major car manufacturer on gathering, storing and destroying documents and information containing personal data within the framework of Russian data protection legislation.
Restructuring Advised a French engineering company (energy equipment and railway transport) with regard to the possible restructuring of its group in Russia. 
Advised a French engineering company (energy equipment and railway transport) with regard to the possible restructuring of its group in Russia. 
Due Diligence and structuring the transaction Legal support of the largest Scandinavian transport and logistics company in connection with the alleged acquisition of transport and logistics business in St. Petersburg, including the implementation of due diligence of the acquired company and deal structuring.
Due Diligence Carried out due diligence of a large set of patents relating to inventions for electrical machinery and technology of a major plant in Russia that was to be acquired by a foreign investor. 
Carried out due diligence of a large set of patents relating to inventions for electrical machinery and technology of a major plant in Russia that was to be acquired by a foreign investor. 
Employment disputes with former employees Settled court disputes with former employees, including a general director. Held negotiations with employees, drafted procedural documents, and filed a counterclaim to have the general director reimburse losses.
Settled court disputes with former employees, including a general director. Held negotiations with employees, drafted procedural documents, and filed a counterclaim to have the general director reimburse losses.
Relationships with trade unions Advised on negotiations with trade union that enjoyed support from representatives of the Association of Trade Unions, and on legal aspects of entering into collective agreements. Prepared recommendations on how to eliminate abuses of trade unions, drafted the applicable documents.
Advised on negotiations with trade union that enjoyed support from representatives of the Association of Trade Unions, and on legal aspects of entering into collective agreements. Prepared recommendations on how to eliminate abuses of trade unions, drafted the applicable documents.

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