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Digest 70

May 3, 2017 Subscribe

SPBILF News

On May 18, the most popular restaurant street of St Petersburg will become the most legal one as well: the Forum’s partner companies are throwing all kinds of parties as part of the Legal Street evening — find out more ►

Save the date

Business breakfasts, parties, discussions, presentations and other networking opportunities at the SPBILF 2017 within the Satellite Events. Read more ►

Invitation from Moderators

A new column «Invitation from Moderators» provides details of discussion sessions. In this issue:

  • Vitaly Melgunov, Director, Institute of Mining and Energy Law, Full Professor, Ivan Gubkin Russian State University of Oil & Gas, Moderator of the Discussion Panel Contractual Instruments in Mineral Resource Management: International and Russian Expertise;
  • Ekaterina Sorokovaya, General Director, International and Comparative Law Research Center, organizer of discussion session “Cross-Border Insolvency”;
  • Yuliya Sycheva, Director, Business and legal Affiars, Viacom International Media Network, moderator of discussion session “Legal Aspects of the International Marketing Campaigns”;
  • Discussion on Attorneys on Uniform Civil Procedure.

“No matter what the company does – manufactures consumer goods, provides banking services or distributes films – it has to do a lot of marketing to succeed”

Yuliya Sycheva, Director, Business and legal Affiars, Viacom International Media Network, moderator of discussion session “Legal Aspects of the International Marketing Campaigns”.

What makes the topic of your discussion panel relevant?

Our topic, The Legal Aspects of International Marketing Campaigns, has universal relevance. It is unlikely that a business concern can be successful these days without being serious about marketing. No matter what the company does – manufactures consumer goods, provides banking services or distributes films – it has to do a lot of marketing to succeed. Different methods of marketing may be given preference in different sectors of enterprise, however, the legal tools and approaches are the same in all sectors.

The legal couching of a promo campaign is an exhilarating challenge for a lawyer. Indeed, promo campaigns usually tap numerous areas of legal expertise: personal data security, copyright, regulation of lotteries and competitive events, advertising law, the laws against unfair competition practices, and so on.

In our session, we aim to present the broadest possible cross-section of the topic. We will certainly talk about traditional TV advertising, its pitfalls and the points every lawyer must bear in mind when dealing with TV channels. But at the same time we plan to discuss the challenges that confront the lawyer in a changing world, when everything, marketing included, tends to drift in the same digital direction, and when competition constantly demands new tools for putting a product in the public spotlight, thus making the lawyer’s job ever more complicated. Separately, we would like to explore our international colleagues’ diverse and sometimes patently progressive best practice in the field. It is with this in mind that we have invited a guest speaker from the UK, who is a recognized expert in media and marketing.

Our task is to analyze the aspects of legal support for marketing campaigns from a perspective that is more hands-on than theoretical. We want our audience to learn something from us that will be useful to them in their day-to-day practice. To that end, we have invited top in-house counsels from corporations that are the leaders in their respective market sectors to speak at our panel. They will be delighted to share their expertise and their profound knowledge.

Which legal professionals would you especially recommend to attend your panel session?

We believe this panel would benefit all in-house counsels without exception, as well as Russian and international law firms, and government officials.

“Russian creditors are now faced with a new challenge: the problem of identifying and gaining access to the overseas assets of the debtor and the parties that control the debtor”

Ekaterina Sorokovaya, General Director, International and Comparative Law Research Center, organizer of discussion session “Cross-Border Insolvency”

What makes the topic of your discussion panel relevant?

The professional services community remembers only too well the recent high-profile insolvency cases involving Russian banks and corporations, where major assets had been siphoned off out of the country right before the default. There was the case of Mr. Kekhman, the case of Mezhprombank and Mr. Pugachev, and the case of Vneshprombank and Ms. Markus. To our regret, this list is likely to continue in the next few years, despite the government’s measures to prevent asset flight. Russian creditors are now faced with a new challenge: the problem of identifying and gaining access to the overseas assets of the debtor and the parties that control the debtor. Until recently, such matters as recognition of foreign bankruptcies, recognition of the powers of arbitration-appointed receivers, and the cross-border aspects of litigating for the subsidiary liability of the debtor’s controlling entities, were all on the plane of theory for us; now they are our reality that demands a response.

It doesn‘t help that Russia lacks any extensive, dedicated legal framework when it comes to cross-border insolvency. This regulatory gap gives rise to a whole new corpus of problems as it hampers legal risk assessment by foreign investors to provide for the eventuality of insolvency of their trans-boundary undertaking. Clear legislative decisions are still lacking on critical legal issues, such as the jurisdiction criteria in cross-border insolvency cases, the option of bringing primary and secondary action, recognition of foreign bankruptcies, and facilitation of foreign proceedings.

The purpose of our cross-border insolvency panel is to discuss these issues, search for feasible solutions, and to promote awareness of the existing Russian and international solutions for the problems that nowadays inevitably confront any Russian lawyer working on an insolvency case involving a foreign element.

Which legal professionals would you especially recommend to attend your panel session?

While our panel may benefit a broad audience of lawyers, some legal professionals may benefit more than others, for example – lawyers and attorneys on the staff of the major Russian or international consulting firms, whose practice includes legal support for cross-border insolvency cases. Our panel may be of special interest to the legal counsels of the major lender banks, if they have dealt with the problem of asset-stripping by borrowers, and are in search of new legal vehicles to gain access to the assets in question.

Our panel may benefit the in-house counsels of major corporations whose business undertaking is of a cross-border nature. New information regarding the risks inherent in cross-border insolvencies may prove helpful in transaction structuring and collateral planning, while also conclusively clarifying the legal implications of a foreign counterparty default (e.g., where the proceedings will take place, what order of priority will apply to creditors’ claims, and other issues).

Our panel may be helpful to arbitration-appointed receivers who have, in their practice, had to identify and auction a debtor’s overseas assets, and to work with foreign creditors of the debtor. Last but not least, our panel may generate some good ideas for government lawyers working on draft new cross-border insolvency legislation, and for academic lawyers conducting research on the subject.

“The current level of mineral resource prices in the world, coupled with the increasing percent of hard-to-recover resources, calls for new approaches and new ground rules that are plain for all market players”

Vitaly Melgunov, Director, Institute of Mining and Energy Law, Full Professor, Ivan Gubkin Russian State University of Oil & Gas, Moderator of the Discussion Panel Contractual Instruments in Mineral Resource Management: International and Russian Expertise

It is obvious to the business community and the government alike that mineral resources companies need additional financing opportunities and they also need to partner up with players that possess advanced technology. The current level of mineral resource prices in the world, coupled with the increasing percent of hard-to-recover resources, calls for new approaches and new ground rules that are plain for all market players.

Players in the industry are constantly on the lookout for opportunities to develop the raw commodity sector and enhance its investor appeal, while remaining in compliance with the fundamental provisions of public law on the legal regulation of mineral resources management. Contractual joint operation formats between the license owner and its partners are clearly one of such opportunities.

The slant of legal regulation in mining is such that the international best practice of innovative contractual partnership in mining cannot be easily invoked without the adaptive action and support of the Russian lawmakers. This significantly affects the investment outlook and security of investments.

What are the modern forms of joint undertaking in mineral resource mining as practiced in Russia and the rest of the world? How are risks allocated between stakeholders on joint mining projects in Russia and beyond? How are these projects taxed? What is the current state of the regulatory framework? Would Russian laws and derivative ordinances benefit from some improvements? What legislative initiatives for the oil&gas sector have been tabled recently by the Natural Resources Ministry? Are the proposed instruments also relevant for the sector of solid mineral resources?

Our panel on contractual instruments in mining will address these and other questions, including the methods of organizing joint ventures for the maximum facilitation of the best partner interoperation terms, the approaches practiced by government authorities and courts in the treatment of the different joint project formats, certain problems, facing mineral resource mining companies, which may be resolved within the domain of Russian law, the improvement outlook for Russian laws and derivative regulations, and many other questions.

Among the speakers invited for this panel are natural resources and energy law experts who are practicing partners with Russian and international law firms, leading legal counsels of some major natural resources corporations with a solid background in joint undertakings in mineral resources development, members of Russian and international academia engaged with the theoretical and practical aspects of law enforcement in the natural resources sector, and government officials responsible for the legal and regulatory side of mining relations.

The discussion panel, Contractual Instruments in Mineral Resource Management: International and Russian Expertise, will be of interest to a broad audience of mining and oil&gas companies and lawyers practicing in the branches of law concerned with investment, mining, energy, civil law and taxation.

“We believe that new remedial law must heed the interests of all the process stakeholders: the court, the parties and the attorneys”

Attorneys on Uniform Civil Procedure is a tea party and presentation to take place at the General Staff from 5:30 PM to 7:00 PM on May 18 as part of the VII SPBILF satellite event programme

The Delcredere Bar Association will be hosting a tea party and presentation during the VII St. Petersburg International Legal Forum, entitled Attorneys on Uniform Civil Procedure.

The concept of the ongoing civil remedial law reform, which kicked off at the end of 2014, envisions a new, uniformly enforceable Code of Civil Procedure. The idea was brought up after Russia’s two supreme judicial authorities, the Supreme Court and the Supreme Arbitration Court, merged. According to what was articulated at the time, the purpose of the reform was to remove conflict between the two codes and import the best legal solutions from both codes into the new code.

They have been working on the new code for over two years now, but the debate on related issues has recently vanished from the public domain. This is hardly a good sign as the key branch of law is at stake. It led us to the idea of inviting some of the people who work with remedial law on a daily basis – attorneys – here for a talk. We believe that new remedial law must heed the interests of all the process stakeholders: the court, the parties and the attorneys. With this in mind, we aim to discuss with our colleagues the more pressing issues awaiting their resolution in the new code. We also need to get a sense of what the existing contradictions are, and whether they appear reconcilable by means of a consolidated code. Specifically, we propose to discuss the questions of identical lawsuits, injunctive remedies, and some others.

We expect our discussion to yield constructive ideas for the improvement of Russian civil remedial law.

Taking part in the event will be candidate doctor of laws Maria Yerokhova, cdl Roman Bevzenko, cdl Mikhail Schwartz and cdl Pavel Menshenin. The event will be moderated by Maksim Stepanchuk, Partner, Delcredere Bar Association.


OFFICIAL EVENING
BY VII SPBILF PARTNERS

MAY 18, 2016
RUBINSTEINA STREET

FROM 20:30 *

*only delegates with accreditation badges will have access to the event


LF Academy Birthday Party!
Waterloo Gastronomic Pub

LF Academy project celebrates its birthday! Immerse yourself in unrestrained and (non) Academic merriment in a “private” company of the Legal Forum’s participants! We will not reveal all our cards, but only hint that the headliners of the Russian legal world are going to be the stars of the party. Together we shall see what the legal community is capable of when given a free hand! Do not miss Legal Street’s apotheosis, LF Academy party at Waterloo Gastronomic Pub!

IMPORTANT! Exclusively for the subscribers of www.LFAcademy.ru!


EPAM ROCKS!
Crazy Wine Bar

Egorov Puginsky Afanasiev & Partners takes you to the school of rock #Epamrocks party.

Rock out like you're seventeen again, sample Soviet port wine and enjoy the performance of a legendary Russian Rock Star – so here we go!

18 May, 8 pm – Crazy Wine – 6 Rubinstein st. – #Epamrocks party


Platforma Party
Jazz Bar 48 Chairs

Ladies and gentlemen!

Platforma invites you to a private party within the Legal Street Evening of the VII St. Petersburg International Law Forum.

Platforma is a first Russian service for financing litigation, bringing together claimants, lawyers and investors. We are searching for legal proceedings private investors, multiply their investments and make the justice accessible.

The International Legal Forum is your investment in new business opportunities and professional development.

Platforma party is your investment in a good mood, great music and pleasant atmosphere with your favorite beverages being served.


Traditional Cleary Gottlieb Cocktail Party
Geography Bar and Restaurant

The Cleary Gottlieb team would be delighted to welcome participants and guests of the Forum to the traditional event from 20:30 until the departure of the last guest.


Arbitration Center at the ANO “ISA” Party
Crossing of Rubinstein Street with Grafskiy Pereulok

Imagine you feel a light breeze from a harbour of Saint Petersburg. You are being told the stories about remotest islands and deepest oceans, where fearsome litigators board vessels.

This chilly evening you meet “Arbitration Schooner” in the Legal Street full of risk and freedom. It gives you itchy feet. The Arbitration Center at the Institute of Modern Arbitration and “Cronus Cape” crew offer you delicious fried sticks with cheese and prawns, sausages in pita and magnificent falafel, best in the neighbourhood, to make your life more adventurous.

If you are tired of black-tie dinner and loud parties or you admire the little boat of Admiralty and aerodynamics of Bermuda rig, we are waiting for you at the crossing of Rubinstein Street with Grafskiy Pereulok from 8pm to the midnight. Stand from under!


Kommersant Party
Crossing of Rubinstein Street with Grafskiy Pereulok

It’s the year 17. The time of great upheavals and struggles is upon us. This time will change Russia’s history forever. Russia’s political scene is a battlefield where the major political parties – Cadets, Oktyabrists, Social Revolutionaries and Bolsheviks – are fighting it out. This spring, the best and the brightest of four major law firms will pit their skills advocating their ideas and political convictions in a PARTY BATTLE. In their no-hold-barred fight for the votes of the participants of the St. Petersburg International Legal Forum, top Russian lawyers will showcase their polemic excellence and elocution in a bid to prove themselves right against fiercely challenging adversaries. Those attending will find themselves in the midst of a heated election campaign, historical cases of enormous complexity, and high energy debates.


Pepeliaev Group’s party
Punk Brew Bar

As you all know, Sergey Pepeliaev’s hospitality has become legendary. On 18 May, we would like to make your everyday life sparkle with Italian cheer. Our respected Don has decided to gather you all over a glass of grappa and limoncello, putting the grind of business life to one side. Party long and hard at our fabulous event, sampling the atmosphere of the Italian Riviera. We look forward to seeing you at Pepeliaev Group’s party.


Partners’ Events

Read more about Satellite Events here ►


Secret Party

Self-inpouring cocktails, self-playing guitar.

Self-singing songs.

Leningrad classics, but without the Leningrad band.

Moustache, but without a hat.

Last Fall, but without Shevchuk.

Big fish, but without the Aquarium band.

Remixes, but without remakes.

Pen & Paper, Attorneys at Law introduce a live performance of Lenconcert performing artists in the festive program of “Oh, let’s take a walk this wonderful evening…”


Legal Regatta

May 17, 2017, 15:00-18:00, St. Petersburg River yacht club and restaurant "Parusa" (Petrovskaya Kosa, 9)

The leading legal portal Pravo.ru and law firm Tenzor Consulting Group as part of Satellite Eventsof the SPBILF 2017 holds the Legal Regatta. This spectacular event will not only acquaint you with sailing, but will also become a platform for communication of the participants of The St. Petersburg International Legal Forum. Also cocktails and music are planned on the beach in the panoramic restaurant of the yacht club "Parusa".

Every guest can take part in sail and competitions on monotypes of the Platu 25. Skills are not required, because every team will have a professional skipper. Sport dress code. In addition, each participant will get a branded windbreaker as a present. Every boat equipped with life jackets.

The program of the regatta: from 02:45 pm till 03:00 pm – gathering guests at the General Staff Building, departure to the place of the regatta; from 03:30 pm till 04:00 pm – welcome drinks, briefing for participants with skippers; from 04:00 pm till 06:00 pm cocktail reception; from 06:00 till 06:30 – rewarding the winners, departure to General Staff Building.

Участие бесплатное, предварительная регистрация обязательна.

Participation is free, preliminary registration is required. To register, you must fill the form and get confirmation of participation by clicking.


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