The Russian practice of Berwin Leighton Paisner
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FMCG & Food

Acted for The Crown Estate in connection with their redevelopment and partial disposal of Chesham House on Regent Street, London, W1. We advised The Crown Estate on obtaining vacant possession, planning, urban development aspects, construction, and sale of premises.

Acted for the Ministry of defence in relation to disposal of a 600-acre redevelopment site in Cambridgeshire. The Oakington Barracks site, located west of Cambridg, has been identified for a new residential area to include 5000 new homes associated facilities.

Adviced Liverpool City Council in connection with the regeneration of a site in the heart of the City promotion of the Paradise Street retail-led re-development.

Adviced Wesminster City Council on its regeneration of Grosvenor Dock, Chelsea, London as a prestigious waterside commercial and residential development.

Advised Danone on plant construction projects including: complex matters involving land use, lease, re-categorisation and change of permitted use, legal due diligence of sites, acquisition strategy development, permission documentation, construction, engineering infrastructure, land plot purchase, and environmental aspects.

Advising on goods-related information to be provided in supporting documents and on packaging, including in CIS countries (Daikin, Legrand, Mars, Hortex, Dole)

Acting for Mars, Estee Lauder, Caterpillar Financial, Brunswick Rail Leasing  as a creditor in bankruptcy of a large companies.

Development of Russia-wide distribution systems for Mars, BenQ, J&J, Nike and other leading FMCG manufacturers. We drafted or analysed draft distribution agreements, provisions on incentive systems and payment of rebates, paperwork systems, etc.

Our specialists provided legal support to Philips on the legal structuring of online sales, compliance with consumer protection law and advertising in creating and operating its corporate online store.

Represented the interests of a major consumer goods producer in a dispute over the infringement of patent rights, with the threat of the client being accused of a criminal offence. We successfully defended the client’s interests at the preliminary investigation stage and precluded future cases being brought by the prosecution.

Provided comprehensive support for Mars Inc. projects in Russia, including the construction of six plants in three Russian regions, major acquisitions (for example, Royal Canin, Wrigley and Korkunov), permission documentation, land use, land re-categorisation and permitted use issues, environmental aspects, representation in state arbitration courts, engineering infrastructure, and public tenders.

Represented a leading western cosmetics manufacturer in a number of litigations over the recognition of invalid registrations of lookalike trade marks.

We assisted Royal Canin with franchising and trade mark licensing and implementation of global franchising arrangement in Russia.

Comprehensive full scale support for Kimberly-Clark in its project for constructing a manufacturing complex in the Moscow Region.

For a long time now, we have been acting as in-house legal counsel for Mars, Inc. in Russia. We provide immediate legal support for all business projects and transactions with product consumers undertaken by the corporation.

Internal restructuring of a Danone subdivision. The project involved developing a strategy for and implementing staff reductions and redundancies within the company. Employment relations were terminated or changed with over 150 staff members based in Moscow and St. Petersburg; a corporate strategy was elaborated for negotiations with trades unions.

Legal support for personnel restructuring in connection with relocation of the production base of a division of Kraft Foods Rus LLC. The legal support included, inter alia, elaboration of legal restructuring options, preparation and auditing of supporting documents, risk analysis, advice on how to apply regional agreements, collective bargaining agreements, and interaction with trades unions;

Represented British American Tobacco in litigation with Moscow authorities over land plot privatisation.

Structuring contractual relations on instructions from Electrolux Rus for its Russia-based facilities manufacturing Zanussi products. We proposed a system of contracts and subcontracts drafted by our lawyers and implemented by the client.

Assisting Barilla in concluding an agreement on organising production in Russia, jointly with a Russian partner, of foodstuffs under the Barilla trade mark and developing a model distribution agreement to assist the company’s operations on the Russian market.

GBLP assisted Kimberly Clark with trade mark licensing and registration of trade mark licence agreements with the Russian Intellectual Property Office.

Legal support on all labour, immigration and pension law matters for all units of Mars, Royal Canine.

Represented a major chocolate manufacturer during the bankruptcy of a debtor ice-cream manufacturer.

Acted for MARS in litigation over inclusion of our client’s claims in the creditor claims register.

Advised Mars, Inc. on the USD 23bn acquisition of Wrigley and supported its post-acquisition integration/restructuring.

Coca-Cola – provided legal support during a dispute with the competition authorities concerning exclusive sales

Providing advisory services on customer claims (Vaillant, MARS)

Represented Oriflame in arbitration proceedings with a contractor over the violation of material terms and conditions of a construction work contract and on permitting documents.

A major global manufacturer of household appliances and medical equipment – successfully represented the client in a case initiated by the FAS regarding improper advertisements

Advised Danone on plant construction projects including: complex matters involving land use, lease, re-categorisation and change of permitted use, legal due diligence of sites, acquisition strategy development, permission documentation, construction, engineering infrastructure, land plot purchase, and environmental aspects.

Participation in resolving a labour dispute between CJSC Wild Orchid and one of its Top-managers. The project included developing a strategy for terminating the employment relations, negotiating and agreeing the optimal form of dismissal of the employee

We prepared know-how licence and franchise agreements for Yum!, Samsonite, Metro and other FMCG companies involving transfer of know-how as well as documents necessary for protection of know-how, including company guidelines and policies, lists of information protected as know-how, confidentiality and non-disclosure clauses and statements, etc.

Mars, Reckitt Benckiser and other leading companies from various industries – analysed distribution contracts to establish their compliance with anti-monopoly law

A leading global producer of sports articles – advised on anti-monopoly legislation, distribution policy, (implementation of the European model ); and amendments to a marketing services contract

Acted for a major cosmetics firm creditor of the Arbat Prestige retail network during the latter’s bankruptcy.

A leading global tobacco producer, a major producer of pharmaceuticals - advised on compliance with Russian anti-monopoly laws by exclusive in-store advertising

Represented a major personal hygiene product manufacturer in the bankruptcy proceedings against the Banana Mama retail network.

Assisted Mars on software licensing, provision of technical services and intra-group IT charges, drafted services and software licence agreements.

GBLP lawyers drafted a large number of copyright license and assignment agreements including agreements for Mars, Motorola and PTC Software.

We are representing William Grant & Sons Limited – a major importer of alcoholic beverages into Russia in a series of actions against importation and distribution of counterfeit products in Russia.

We have significantly reduced the number of counterfeit products distributed in Russia in violation of the IP rights of several consumer goods companies.

Advised Mars on its advertising contracts and relations with content providers.

Advising a number of major companies, including Alcoa, Barilla, Guardian, and Mars, on importing equipment as an in-kind contribution to charter capital, providing legal support with respect to customs clearance of imported goods and assisting with preparation of the requisite documents for obtaining customs duty and VAT exemptions.

Representing a leading European food manufacturer before the customs and judicial bodies in its appeals against actions by the customs authorities in direct debiting of customs payments.

Advised Mars  on the customs and exchange aspects of determining customs value, gaining benefits on customs payments and classifying goods and obtaining a WCO goods classification opinion for the Company.

Acted for Procter&Gamble, Philips, Nike in office lease projects to accommodate the companies’ national headquarters, including: negotiations, review and coordination of draft contracts, advice, and legal due diligence.

Advising British American Tobacco on antimonopoly compliance in relation to certain contractual provisions entered into in Russia.

Our specialists provide major companies with legal assistance in customer relations in the following industries: snack foods, pet foods and other food products (Mars, Hortex, Multon, Royal Canin, Tchibo).

Participation in debt restructuring negotiations between the Atyashevsky meat factory and its raw material procurement agent and drafting the relevant agreement. Before the agreement was concluded, the client’s rights of claim were not supported by the requisite documents. As a result of the agreement, the client effectively secured its right of claim, which was subsequently exercised in court.

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Nikolay Voznesenskiy
Partner, Head of Competition Practice
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Alexey Gorlatov
Associate Director, Head of Commercial Practice / Projects
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FMCG & Food
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