JD Journal » Russia

Arkansas Supreme Court Upholds $48M Verdict Against Bayer Like ‘White on Rice’

rebneely — Fri, 09 Dec 2011 14:23:50 +0000

According to the December 8th law360.com article, “Bayer Told To Cough Up $48M In Rice Contamination Suit”, the Arkansas Supreme Court this week upheld a $47.9 million verdict against Bayer AG and its affiliates in a suit brought by rice farmers who claimed they had sustained large financial losses following the contamination of their crops, via Bayer’s genetically modified rice. The verdict that the state’s $1 million punitive damages cap was unconstitutional was also upheld.

Over 10,000 rice farmers have filed Bayer and its CropScience unit with lawsuits over the contamination. They say this hindered rice exports to the European Union, Mexico, Russia and other countries averse to importing genetically engineered crops.

In July, Bayer announced in would pay $750 million to settle a multidistrict litigation in Missouri and other long-running suits over tainted rice crops in state and federal courts. The farmers in the Arkansas suit were not included in that settlement.

The Arkansas Supreme Court shot down Bayer’s attempt to undo a Lonoke County jury’s award of nearly $6 million in compensatory damages and $42 million in punitive damage to rice farmers. It also knocked off the state’s $1 million cap on punitive damages, which applied to all cases except for those in which the purpose of the defendant’s conduct was to harm the plaintiff.

Scott Powell, a Hare Wynn Newell & Newton LLP attorney representing the farmers, was quoted as saying: “It is a wonderful victory for our clients who have struggled mightily over the loss of the world rice markets and continue to struggle. They are very deserving of this victory, and I could not be more proud of and for them.”

Bayer CropScience was quoted as having said in a statement: “At this time, we are studying the court’s opinion and considering our options.”

Bayer claimed that the rice farmers had not provided enough evidence to show the company had behaved with malice or reckless disregard and as a result, owed punitive damages. The court rejected this claim.

In its challenge of the lower court result, Bayer also contended that the $42 million punitive damages award should be reduced, or that the company should be granted a new trial because the verdict was “grossly excessive” under both Arkansas law and the U.S. Constitution.

Although Bayer put forth that it had taken steps to guard against the risk of contamination by establishing a stewardship program to achieve compliance with federal regulations and contractually requiring those handling the genetically engineered rice to comply with containment measures, the court was more focused on the critical injury that had occurred, and that the injury had occurred because Bayer continued its conduct in spite of knowing it would naturally result in injury.

Per the article, the court was quoted as having said: “The fact that Bayer employed some measures to prevent the release of [genetically modified rice], standing alone and without regard to other facts and attending circumstances, does not absolve it of liability for punitive damages.”

DLA Piper Announces Launch of New International Securities Group, Along With New Partner

rebneely — Fri, 18 Nov 2011 13:39:42 +0000

Global law firm DLA Piper announced the launch of its newly created International Securities Group in recent days. Along with that launch, George Barboutis will act as a London-based US securities partner within the group; he joined the firm on November 16^th.

The International Securities Group will bring together lawyers advising on equity and debt offerings in the UK and the EMEA region. With Barboutis’s appointment, DLA Piper moves to establish a London-based US capital markets team providing it with U.S. securities law capability to handle equity and debt offerings of issuers in the EMEA region targeted at US investors. As well, he will concentrate on strengthening the firm’s presence in international/cross-border capital markets transactions. At the same time, he will work to leverage the potential of the firm’s strong office network in EMEA and helping further its integration.

Barboutis specializes in U.S. securities. He is US-qualified (State of New York), as well as qualified as a solicitor in England & Wales. Before joining DLA Piper, Barboutis was a partner with Dewey & Leboeuf based in London. He was promoted to this position in 2007. H joined Dewey Ballantine in 2004 from Shearman & Sterling where he worked with its London US securities group.

Barboutis’s practice covers a wide range of equity, equity-linked and debt securities offerings, including Rule 144A/Regulation S and SEC-registered offerings, US and London listings, as well as M&A and structured finance transactions. On a regular basis, he advises on transactions in the CIS (with a focus on Russia, Ukraine and Kazakhstan), Poland, Greece, Turkey and the Middle East. George acts for issuers and underwriters with a focus on emerging markets and has worked with major investment banking clients.

Alex Tamlyn, Head of the International Securities Group was quoted as saying in a press release at the firm’s website: “The establishment of the International Securities Group brings together the firm’s expertise across the capital markets space into a single team. This aligns us consistently with the banks and other financial institutions which drive significant securities transactions globally. In an economic environment where access to capital is extremely challenging this allows us to deliver the best possible service to our clients to raise finance across geographies and industries.”

Charles Severs, DLA Piper’s UK Head of Corporate was quoted as saying: “I am delighted that George is joining us. The firm’s international platform and George’s emerging markets focus go hand in hand with one another to strengthen further our corporate offering to both issuers and underwriters globally. We expect to continue to strengthen our US securities capability in London.”

Chris Paci, chair of DLA Piper’s Capital Markets practice in the United States was quoted as saying: “George’s appointment, together with the launch of the International Securities Group, are key milestones in advancing our strategy for delivering global capital markets capability across the major financial centers in the United States, Europe and Asia.”

Global law firm DLA Piper has 76 offices in 30 countries and over 4,200 lawyers.

White & Case Adds Three Partners to Moscow Office

rebneely — Thu, 20 Oct 2011 08:00:24 +0000

In recent days, global law firm White & Case LLP announced it has added three new partners to its Moscow office. They are Grigory Chernyshov, Jonathan Langley and Alexandra Schukina.

Chernyshov joins from Egorov, Puginsky, Afanasiev & Partners, and will head White & Case’s Russian dispute resolution practice. Langley relocates from the Firm’s London office as a local partner in the corporate practice. Schukina joins from Skadden Arps as a local partner in the capital markets practice.

Partner Jan Matejcek, Regional Section Head for Central and Eastern Europe (CEE) was quoted as saying in a press release at the firm’s website: “Ever since White & Case moved into Russia 20 years ago, our Moscow office has been a strategically important foothold for the Firm. We take our role as a market leader in Russia very seriously. The arrival of three new partners in our key practice areas – dispute resolution, corporate and capital markets – gives a significant boost to our strategy to provide clients with outstanding legal service and direct access to partner teams across the entire spectrum of our practices in Russia.”

Chernyshov is a leading Russian litigator who has extensive experience in Russian commercial litigation. As well as his active dispute resolution practice, Chernyshov acts in antitrust matters. He is a board member of the non-commercial partnership “Promoting the Development of Competition”. He was involved in the drafting of Russian antimonopoly legislation and its subsequent amendments.

With Chernyshov’s arrival, White & Case continues the growth of its CEE Dispute Resolution Practice. Numerous significant lateral hires have been made during the last two years in Bucharest, Budapest, Prague and Warsaw. In March 2011, White & Case recruited a 20-person Polish litigation team lead by Pawel Pietkiewicz, to head its dispute resolution practice in Warsaw. In April 2011, White & Case joined forces with leading Czech lawyer Luděk Chvosta, Sr., who brings vast experience in dispute resolution, insolvency and restructuring to the Firm’s Prague office. In 2010, the Firm brought in David Goldberg, a leading Russian-speaking international arbitration partner, to join its London and Moscow offices.

Partner John Willems, Regional Section Head of the Firm’s Disputes Practice in Western Europe, the Middle East and Africa was quoted as saying: “White & Case is now strongly positioned to handle all types of disputes matters for our clients, whether domestic or international, arbitration or litigation, with leading capability in Moscow and London, and other major arbitration centres in Stockholm, New York, Washington DC and Paris.”

Jonathan Langley focuses his practice on mergers and acquisitions, and joint ventures.

Partner Eric Michailov, co-head of White & Case’s CEE and Russian corporate/M&A practice, was quoted as saying: “We already have a strong base of English law M&A capability in Moscow, and we intend to continue growing it both through lateral hires and organically by capitalising on our existing legal talent to service our clients’ needs where they arise. Jonathan has been working on Russia-related transactions since joining our London office in 2007, so this move is a natural progression for him, and we welcome him to our Moscow team.”

Schukina’s concentrates her practice on equity and debt capital markets transactions. She is experienced in representing both issuers and underwriters in equity and debt securities offerings. She has also advised several leading Russian corporates in a wide variety of industry sectors on their listings on the London Stock Exchange, the Moscow Interbank Currency Exchange, and the Russian Trading System.

Hermann Schmitt, Executive Partner of White & Case’s Moscow office was quoted as saying: “We are continuously strengthening our Russian practice in line with our strategy and growing client demands. The new arrivals are a testament to the investment we are making in serving our clients in Russia and globally.”

A leading global law firm, White & Case LLP has lawyers in 38 offices in 26 countries.

Baker Botts Announces 13 New Partners

rebneely — Thu, 29 Sep 2011 13:53:29 +0000

The law firm of Baker Botts announced in recent days that thirteen lawyers will become partners in the firm, beginning in January 2012.

Managing Partner Walt Smith was quoted as saying in a press release at the firm’s website: “These new partners represent a diverse group with exceptional legal skills. They will add depth to our practice throughout the firm.”

New partners in the Washington office will be Bill Foster in the firm’s Intellectual Property practice, Adam Haubenreich in the Corporate practice, and Jeremy Levin in the Litigation practice. In the firm’s Austin office, Paula Heyman will become a partner in the firm’s Intellectual Property practice. In the firm’s Houston office, new partners include Hillary Holmes in the firm’s Corporate practice, Lisa Kelly in the Intellectual Property practice, Russell Lewis in the Litigation practice, Shalla Prichard in the Corporate practice, and Denmon Sigler in the Global Projects practice. In the firm’s Palo Alto office, Brian Lee will become a partner in the Corporate practice. Jessica Pulliam and Jonathan Rubenstein will both become partners in the firm’s Litigation practice in the firm’s Dallas office. Finally, Sergei Stepanov will become partner in the firm’s Corporate practice in Russia.

Bill Foster focuses his practice on patent counseling and related litigation and prosecution matters, with an emphasis in providing infringement/invalidity analyses; preparing and prosecuting U.S. and foreign patent applications; and assisting in all aspects of patent litigation, including appellate practice.

Adam Haubenreich concentrates his practice on corporate law, with an emphasis on securities offerings, mergers and acquisitions and corporate governance.

Jeremy Levin concentrates his practice on corporate investigations, white collar criminal defense, and complex civil litigation. Among other areas, he has represented companies and individuals in Justice Department, SEC, and congressional investigations, governmental enforcement actions.

Paula Heyman is experienced in litigating patent and technology disputes in both Texas and in federal courts around the country. Previous representations have involved computer systems, database management software, medical devices and neural network technology.

Hillary Holmes handles a broad variety of corporate and securities work, with a focus on corporate and securities matters and mergers and acquisitions. She has extensive experience in capital markets transactions (including public and private offerings of debt and equity securities by corporations and master limited partnerships), mergers and acquisitions, private equity financing, Exchange Act reporting and SEC compliance.

Lisa Kelly focuses her practice on a variety of areas of intellectual property law, including patent litigation and prosecution, and works primarily on cases involving patent and trademark infringement in the fields of mechanical and electrical devices and computer systems.

Russell Lewis focuses his practice in the areas of product liability, commercial litigation, toxic tort and personal injury law. He has significant experience representing clients regarding product liability claims, including allegations of negligence, breach of warranty and manufacturing and design defects.

Shalla Prichard counsels borrowers, financial institutions and other institutional investors in senior and subordinated debt, acquisition financings, asset-based lending and equipment and project financings.

Denmon Sigler focuses her practice on complex commercial and financial transactions in the energy industry, including the alternative energy market, and on M&A, joint ventures and project development, among other sophisticated transactional matters.

Brian Lee represents public and private companies and private equity firms in merger and acquisition transactions, and he advises issuers and investors in equity and debt offerings, venture capital financings and other transactions.

Jessica Pulliam focuses her practice on a wide variety of clients in trial and appellate courts across the country, litigating disputes involving accounting and legal malpractice, securities fraud and intellectual property.

Jonathan Rubenstein’s trial practice includes a broad range of commercial, intellectual property, securities and personal injury defense cases. He regularly provides representation in a variety of industries, including the telecommunications and energy industries.

Sergei Stepanov focuses his practice on mergers and acquisitions, energy, mining and real estate transactions. He represents major Russian and large multinational companies in Russia and several CIS countries – mainly Uzbekistan and Kazakhstan – on a variety of projects.

With over 725 lawyers and a network of 13 offices around the globe, Baker Botts is an international law firm recognized as a leader in the energy, technology and life sciences sectors. The firm was established 170 years ago.

King & Spalding Announces Plans to Open Office in Moscow; Hires Five Attorneys

rebneely — Wed, 11 May 2011 13:12:29 +0000

Today, King & Spalding announced it will open an office in Moscow, and the firm has hired, initially, five lawyers from Hogan Lovells and White & Case.

The Moscow office will be King & Spalding’s 17th worldwide and will work closely with the firm’s extensive transactions practices in London, the historic legal centre for transactions originating in Russia, as well as its highly regarded international arbitration practice in Paris, an important venue for Russian disputes.

The office will open in Moscow following receipt of government registration. The move has been much anticipated in the expansion of King & Spalding’s top-ranked international energy practice. The office will have close ties to the firm’s existing operations in the global energy centres of Abu Dhabi, Dubai, Riyadh, Singapore, Houston, London and New York.

King & Spalding chairman Robert D. Hays, Jr. was quoted as saying in a press release at the firm’s website: “We see this as an opportunity to turn heads and achieve instant critical mass in Russia by bringing together five well-established Moscow-based lawyers from two respected firms. Moscow is another example of our focus on expanding our global footprint by investing in high-value practices where we are already strong and in markets where our clients are seeking our expertise.”

Garry Pegg, King & Spalding’s co-managing partner in London and a former partner at Hogan Lovells who has worked extensively in Russia was quoted as saying: “A strong presence in Moscow has long been considered a key element of our international growth strategy, particularly for transactions-related assignments. The team we have created is of the highest quality and a great fit personally and professionally. It also enhances our ability to serve clients in and from London and across all legal disciplines and market sectors, including energy and life sciences.”

King & Spalding has a long history of representing clients across the Commonwealth of Independent States.

Olga Kozyr, Alla Naglis and Sergey Komolov join the firm as partners, and Iliya Zotkin as counsel, all from Hogan Lovell. Jennifer Josefson joins as partner from White & Case.

Komolov will be the resident office managing partner in Moscow. Komolov practices in the areas of mergers and acquisitions, private equity, finance, restructuring and general corporate law and has represented some of Russia’s largest corporations and banks in connection with groundbreaking transactions and major cross-border disputes.

Kozyr practices in the areas of corporate and real estate law, international and Russian litigation and life sciences, and represents U.S. and European companies engaged in investments in Russian.

Naglis focuses on cross-border transactions, mergers and acquisitions, and telecommunications, media and entertainment law, and has extensive experience in antitrust and intellectual property matters.

Josefson has been based in Moscow since 2002 and is consistently ranked as one of the leading energy and natural resource lawyers in Russia.

King & Spalding is an international law firm with more than 800 lawyers, and represents half of the Fortune 100.

Energy Chief Discusses the Future of Nuclear Power

rebneely — Fri, 01 Apr 2011 15:52:53 +0000

With the Fukushima nuclear disaster still unfolding daily, much of the world has taken a hard line against nuclear power. Without public support, its future hangs in the balance.

In today’s article at bbc.co.uk.com, “Energy chief calls for global nuclear safety standard”, Chairman of the World Energy Council Pierre Gadonneix was quoted as having said to BBC News: “The Fukushima drama suggests that nuclear safety is no longer a national responsibility – it is a global responsibility.

He went on to say: “We must be aware that today there are more than 30 nuclear plants being developed; 90% of them are in India, China, Russia and Korea – it means we can’t develop safety standards without involving these countries.”

He called it “futile” for the West to try to develop increased nuclear safety standrads on its own. He wants all nations to agree on safety standards, which he believes will take at least a decade to put into place.

“It’s too soon to decide to go ahead with plans until we have fully absorbed the lessons of Fukushima, but it’s also too soon to abandon nuclear power.”

A leader in the energy sector, Mr Gadonneix formerly served as chairman and chief executive of Gaz de France.

Organized in 1923, the mission of the World Energy Council is ‘To promote the sustainable supply and use of energy for the greatest benefit of all people’. Its network of 93 national committees represents over 3,000 member organizations including governments, industry and expert institutions, per the organization’s website.

Terrorists Strike Moscow Airport

joshua — Mon, 24 Jan 2011 20:54:56 +0000

A suicide bomber carrying what appears to have been a bomb inside a briefcase detonated his device inside Domodedovo Aiport Monday afternoon, killing as many as 31 and injuring an additional 170, according to early reports. Nobody has taken responsibility for the attack on the largest metropolitan airport serving Moscow and authorities have not yet identified the individual responsible for carrying it out. Chechen rebels have carried out terrorist attacks in Moscow in previous years. Domodedovo Airport has been the target of one previous terrorist incident. In 2004 suicide bombers blew up two planes there, killing 90 people.

Russia will be the site of 2018 World Cup and the President of FIFA is in St Petersburg currently to formally make the announcement. Russia will also host the 2014 Winter Olympics, but events like today’s tragedy may cause many to question the wisdom of siting major international sporting events in Russia. Russian President Dmitiry Medvedev has ordered increased security for Moscow’s other two international airports and has cancelled his own plans to fly to Switzerland tomorrow.

SNR Denton Launches as Top 25 Firm by Lawyers and Professionals Worldwide

joshua — Thu, 30 Sep 2010 15:08:26 +0000

The combination of Sonnenschein Nath & Rosenthal LLP and Denton Wilde Sapte LLP, SNR Denton, creates an international legal practice with 48 locations in 32 countries across four continents.

The firm, which officially opened its doors today, launches as a top 25 firm by lawyers and professionals worldwide, spanning the US, UK, Europe, the Middle East, Russia and the CIS, South-East Asia, and Africa. The firm’s website is www.snrdenton.com.

In today’s press release at PR Newswire, SNR Denton Chief Executives Elliott Portnoy and Howard Morris were quoted as saying: “Our lawyers and professionals worldwide are already working together on many client matters – we have made a great start. Our driving motivation remains simple: to better serve the needs of our clients – whether in the world’s financial centers, business hubs or emerging markets – and to deliver the highest-quality service. We want to be the first choice of clients for whom quality and value make a difference.”

SNR Denton is a client-focused international legal practice delivering quality and value. The firm serves clients in key business and financial centers from 48 locations in 32 countries. The firm offers business, government and institutional clients premier service and a disciplined focus to meet evolving needs in eight key industry sectors: Energy, Transport and Infrastructure; Financial Institutions and Funds; Government; Health and Life Sciences; Insurance; Manufacturing; Real Estate, Retail and Hotels; and Technology, Media and Telecommunications.

Dentons Will Only Hire Half of Incoming Trainees

Erik Even — Sat, 27 Jun 2009 17:50:35 +0000

Dentons, which in March laid off 37 lawyers and 39 staff, will only hire on half of their 2009 trainees.

The firm says only 17 of its 31 September 2009 qualifying trainees in the UK and Middle East will be offered positions. Two of the offers will be client secondments.

All three trainees in Turkey and Russia will be hired.

Denton Wilde Sapte LLP, or Dentons, is a law firm headquartered in the City of London that employs over 600 lawyers.

Dechert Snags Chadbourne & Parke Partners to Found Moscow Office [Update]

Erik Even — Thu, 14 May 2009 21:40:02 +0000

Dechert announced today that it has lured away from Chadbourne & Parke five partners to found a Moscow office.

The team is headed by Chadbourne’s Laura Brank, formerly the firm’s managing partner for Moscow and St. Petersburg.

Moscow will be Dechert’s ninth foreign office. In 2008, the firm launched two offices in China.

The firm laid off 63 lawyers and 62 staff in March.

Founded in 1975, Dechert LLP is an international law firm of more than 1,000 lawyers with top-ranked practices in corporate and securities, complex litigation, finance and real estate, and financial services and asset management.

UPDATE

Two of Chadbourne & Parke’s Moscow partners, senior partner Mikhail Rozenberg and finance partner Jennifer Handz, say they will not join the group heading to Dechert, and will remain with Chadbourne along with three counsel.

Managing partner Laura Brank and finance partners Shane DeBeer and Konstantin Konstantinov will move to Dechert.

Denton Wilde Sapte Lays Off Undisclosed Lawyers, Staff

Erik Even — Sun, 03 May 2009 18:35:38 +0000

As international law firms cut back on their Moscow footprints, Denton Wilde Sapte has confirmed it laid off both lawyers and support staff at the Russian capital.

The firm has not released any details or numbers.

In March, Dentons laid off 37 lawyers and 39 staff in the UK.

If you know anything about layoffs at Denton Wilde Sapte, please send us a confidential tip! Be sure to mention that you’re writing about Dentons!

Denton Wilde Sapte LLP, or Dentons, is a law firm headquartered in the City of London that employs over 600 lawyers.

Simmons & Simmons Cuts 3 Lawyers, 2 Staff in Moscow

Erik Even — Sun, 03 May 2009 18:27:02 +0000

Simmons & Simmons has laid off three three corporate & finance associates, and two support staff, from its Moscow office.

Also, four lawyers now based out of Moscow will be recalled to London, including partner Isabella Roberts.

Other international firms are cutting back in Moscow, most notably White & Case, which just laid off 31 staff.

Simmons & Simmons is a leading international law firm with over 2,000 employees, and 20 offices located throughout Europe, the Middle East and Asia.

White & Case Lays Off 31 in Moscow

Erik Even — Fri, 01 May 2009 21:29:47 +0000

White & Case has laid off 31 staff in Moscow, as part of the global redundancy program announced in March.

Of the 31 affected, 18 were legal staff.

White & Case LLP is a leading global law firm with 38 offices in 25 countries. It was founded in New York in 1901. The American Lawyer ranked the firm sixth by revenue in the US in its annual Am Law 100 financial survey for 2007.

Clifford Chance Firing 20 Moscow Lawyers; Other Int’l Layoffs Underway

Erik Even — Fri, 30 Jan 2009 18:30:56 +0000

Clifford Chance will cut 20% of its lawyer head count in its Moscow office in the current financial year, with the firm’s Middle East offices also set for potential layoffs.

In Moscow, Clifford Chance has laid off six lawyers through individual consultations, with the office also losing another 24 through attrition over the same period. There are now 150 lawyers in the office.

The firm said the move was in response to declining demand for advice on foreign investment in Russia.

Meanwhile, 23 secondees in the firm’s Middle East practice, 20 in Dubai and three in Abu Dhabi, are involved in the 80-lawyer London redundancy consultation which the firm kicked off earlier this month.

Separately, the firm has also decreased headcount in Paris by 5%, reducing staff by around 10 fee earners during the last year. That office now has 210 lawyers.

Clifford Chance LLP is the largest law firm in the world, both by number of lawyers and revenue, and a component of the UK’s “Magic Circle” of leading law firms. It is a prestigious international practice with its principal office at Canary Wharf in London.