EPAM has acted as legal advisor to the special committee on the rights of Russian bondholders in the international debt restructuring of the Roust Corporation, which the firm describes as "one of the largest producers of vodka in the world."
EPAM has successfully assisted on the transfer of JSC Uralsib's motor insurance portfolio to JSC Reliance.
The information exchange, as such, is not prohibited by the effective Russian Federal Law On Protection of Competition (the Competition Law or Law), but the content of the information exchange between business entities and its consequences are important. Generally, a confirmed exchange of any commercially important information (about prices, production volumes, etc) may be treated as showing that there is an anticompetitive arrangement between companies that will be qualified as a cartel, if the information is exchanged between competitors and if the exchange agreement has resulted in variation of prices, lowering the number of market players or gaining a competitive advantage (article 11 of the Competition Law).
The Federal Service for the Supervision of Communications, Information Technology and Mass Communications (‘Roskomnadzor’) announced, on 10 April 2017, that pursuant to its decision of 6 April 2017 No. 8 (‘the Decision’), it had ordered telecommunications operators to restrict access to Zello Inc.’s services within Russia after the company failed to inform the Roskomnadzor of the storage on its servers of all electronic messages sent using Zello’s website and apps. According to Federal Law of 27 July 2006 No. 149-FZ on Information, Information Technologies and Protection of Information, as amended (‘the Law’), ‘information distributors’ are obliged to notify the Roskomnadzor of their compliance with localisation and retention obligations under the Law.
Although the New York Convention is applicable to the recognition and enforcement of foreign arbitral awards, the Convention has a parallel application in Russia — judges employ the Convention for the recognition and enforcement of foreign judgments.
Daria Ilyina, Senior Associate, on contracts, negotiations and enforcement in the Russian Federation.
Intellectual Property / TMT Practice of EPAM informs on the recent legislative developments and current judicial practice in information technology.
A Russian court published its exceptional decision and ruled that LinkedIn’s activity in Russia was in breach of Russian personal data law. The court of appeal did not overturn the decision: LinkedIn.com is now blocked in Russia.
Currently, a bill titled “Amendments to Articles 1252 and 1486 of the Russian Civil Code and Articles 4 and 99 of the Russian Arbitrazh Procedure Code” (the “Bill”) is pending in the Russian State Duma. The Bill was drafted in pursuance of a directive given by D.A. Medvedev, Russian Prime Minister, and introduced in the Russian State Duma by the Russian Ministry of Justice. The Bill was cleared by the Federal Service for Intellectual Property and the Court for Intellectual Property Rights.
Russia’s media watchdog has blocked professional networking website LinkedIn after the company was found to have violated a law requiring websites to store Russian users’ data on domestic servers.
The Tagansky District Court has published its exceptional decision in the case of Roskomnadzor (the Russian supervisory authority for telecommunications, information technology, and the media) vs the LinkedIn Corporation. The court ruled that the company’s activity in Russia was in breach of Russian legislation on personal data. The Moscow City Court in its resolution as per November 10, 2016 did not overturn the decision: LinkedIn.com has been blocked in Russia.
This article provides an overview of key concepts of economic analysis of corporate law.
Federal law No. 218-FL “On the State Registration of Real Estate” dated 13 July 2015 unifies the currently existing State Real Estate Cadaster (GKN) and Unified Register of Rights to Real Estate and Transactions Therewith (EGRP) into one Unified State Register of Real Estate (EGRN). The law entails the enactment of more than 30 regulations which will enter into force in 2017. Although Law No. 218-FL in many ways continues and combines the approaches of the previous legislation and judicial practice, both the authorities, courts, developers and holders of real estate will need some time to get used to the new provisions.
Construction 2017 published by the Getting the Deal Through provides expert local insight into the field of construction law in different jurisdictions worldwide, covering such areas as: joint ventures, foreign penetration of the local market and licensing procedures, labour requirements, local labour law and health and safety regulation, construction contracts, insurance, contracting with government entities, bribery and foreign corruption, force majeure and acts of God, dispute resolution mechanisms, international environmental law, international bilateral treaties and currency controls.
The Q&A provides a high level overview of the legal basis for bringing private antitrust litigation actions; parties to an action; limitation periods and forum; standard of proof and liability; costs and timing; pre-trial applications and hearings; alternative dispute resolution; settlement or discontinuance of an action; proceedings at trial; available defences; available remedies; appeals and proposed legislative reform.