Eastern Europe and Central Asia

Dechert’s award-winning international capital markets practice advises corporate and sovereign issuers, underwriters, financial sponsors, investors and selling shareholders on the full range of equity, debt and hybrid securities offerings under both Rule 144A and Regulation S.

Our lawyers are noted for handling some of the most innovative transactions by governments, banks and multinational corporations in emerging markets, including debut and first-of-a-kind issuances by issuers throughout the region, including:

• The first corporate bond listed on the Astana International Exchange.
• The first sovereign bond and the first corporate bond in the Caucasus.
• The first tender offer by a sovereign issuer in the Caucasus.
• The first green bond issuance by a state-owned enterprise in Georgia.
• The first international capital markets issue denominated in Georgian Lari.
• The first Rule 144A bond issuance out of Albania.
 

Our EECA team advises clients on corporate governance matters, including governance changes necessary to attract financing or investment and/or raise money in the global capital markets. Our advice includes unique in-house training on corporate governance and compliance matters. We also assist on preparation and negotiation of shareholders’ agreements, joint venture agreements and other commercial agreements.

Using a seamless global approach, our international trade and antitrust teams identify potential regulatory hurdles for foreign investment opportunities in Europe and Asia.

We have a wealth of experience advising multinational corporations on competition matters impacting transactions in the EECA region, including advice on EU and U.S. antitrust filings and Foreign Direct Investment (FDI) screening, as well as regional and local compliance issues. We have substantial experience working with, among others, the Russian Federation’s Federal Antimonopoly Service (FAS) and the Russian Federal Government Commission for Control over Foreign Investment.

Dechert’s EECA practice is recognized as a leading advisor on energy and natural resources matters. We advise domestic and international clients in a broad range of sectors, including oil, gas, liquefied natural gas (LNG), power generation, nuclear energy and the rapidly developing renewable energy sector. We handle all stages of a project, from the initial stages of acquisition, title examination, permitting and exploration, and feasibility analyses to site development, financing, management, operation and marketing.

Our lawyers also assist producers, financial institutions, contractors and other related parties on corporate transactions, financings, restructurings, permitting and other aspects of their upstream, midstream and downstream operations. We draft and negotiate industry-specific agreements relating to subsoil exploitation and handle all related commercial and regulatory issues, including those impacting the environment.

We serve domestic and foreign commercial and investment banks, multilateral financial institutions, export credit agencies, investment funds and corporations as arrangers and lenders, and multinational corporations and financial institutions as lenders, sponsors and borrowers. We assist with structuring private equity and venture capital investments, bilateral and syndicated bank loans and all types of private and public debt and equity financings. We have particular experience with complex cross-border project and acquisition financings.

We advise on the development, financing, construction, operation and acquisition of a wide range of capital-intensive projects and facilities. We have significant experience developing and implementing complex, tax-efficient capital structures for all types of infrastructure and project finance transactions, including senior credit facilities, first lien/second lien financings, subordinated/mezzanine debt, structured equity, workouts/restructurings and recapitalizations. We also have significant expertise in preparing and negotiating project documents, including EPC contracts, fuel supply agreements, licensing, supply and other related contracts.

Dechert’s international arbitration group is a recognized global leader. We act as counsel on behalf of enterprises, multinational corporations, sovereign states, state-owned businesses of all sizes and high-net worth individuals. We can approach contentious issues from all sides, having represented parties ranging from stand-alone companies to multinational business corporations and governments throughout the EECA region.

We have a strong reputation for performing cutting-edge work in large commercial and investment disputes and regularly advise clients at the pre-dispute stage. Our clients benefit from our keen understanding of the inner workings of arbitral tribunals due to our experience acting as arbitrators in international arbitrations worldwide. Our diverse team, based in the principal arbitration centers around the world, handles sensitive and complex matters for our clients in any forum and jurisdiction.

Dechert has particular expertise in commercial arbitrations. Our practice involves arbitrations before the major arbitral institutions (e.g., the International Centre for the Settlement of Investment Disputes (ICSID), the Permanent Court of Arbitration (PCA), the International Chamber of Commerce (ICC) and the Stockholm Chamber of Commerce (SCC)), as well as in ad-hoc proceedings under the United Nations Commission on International Trade Law (UNCITRAL) Rules. In addition to the merits of each dispute, we provide informed and practical advice on all procedural steps of an arbitration (e.g., the constitution of the tribunal, jurisdictional and admissibility objections, challenges posed by multi-party and multi-contract arbitrations, the participation of non-signatories, etc.).

Working with Dechert’s international trade and government regulation team, our EECA team regularly advises clients on international sanctions and anti-corruption regulations. On export controls, we assist in developing internal procedures that are tailored to a company’s structure, resources, exposure to export-related risks and commercial objectives. We also conduct due diligence on third party partners and acquisition targets from a sanctions compliance perspective.

With corporate criminal and regulatory enforcement actions on the rise, corporations face heightened requirements for corporate compliance programs. The risks associated with economic sanctions represent a major compliance challenge for companies worldwide and will only continue to increase similar to what we have seen with respect to anti-bribery enforcement actions. We have advised numerous domestic and multinational companies in the region on anti-corruption and economic sanctions matters and are recognized authorities on economic sanctions and anti-corruption laws, including the U.S. Foreign Corrupt Practices Act and the UK Bribery Act, among others.

Dechert’s IP practice has extensive experience assisting companies with monetizing and extracting value from their IP portfolios, including managing strategic worldwide licensing campaigns and conducting enforcement litigation when necessary.

Developers, owners, licensors, licensees and buyers of IP rights rely on us for a comprehensive range of commercial advice and litigation services. We guide clients through IP issues involved in strategic alliances, collaborative developments, joint ventures, licenses, service agreements and mergers and acquisitions. We focus on the priorities and needs of our clients, devising strategies to protect their interests throughout the world, enhance their market position and shield them from infringement and unfair competition.

We represent clients through all stages of the product life cycle – from discovery through development, clinical testing, promotion and sales. We draw on our antitrust, corporate, dispute resolution (litigation and arbitration), intellectual property, product liability, securities, tax, white-collar defense, FCPA and corruption investigations lawyers to provide comprehensive solutions to the industry’s most sophisticated challenges.

Whether guiding a start-up biotech through its first round of commercially significant funding, executing a strategic acquisition for a large pharmaceutical company, licensing a medical device company’s patents or winning antitrust, securities or patent disputes, our lawyers approach every matter with the resources of a major international firm and the focus and depth of a life sciences boutique.

With dedicated resources deployed at major life sciences hotbeds across the U.S., Europe and Asia, our global team of lawyers collaborates seamlessly to help clients establish or expand their international presence.

Dechert’s EECA practice is recognized as a leading advisor on corporate/M&A transactions. We handle transactions involving entities from small start-ups to multinational giants throughout the EECA region. We advise on both the legal and technical aspects of complex transactions as well as on financial and market implications.

We have particular expertise advising on deals in the energy, hospitality, life science, manufacturing, mining and TMT sectors.

Our diverse M&A experience means that our lawyers can anticipate and spot deal issues from multiple sides of the table, we can forecast economic constraints, appetite for risk and other leverage points. We use our knowledge of market positions to avoid protracted debates and settle issues quickly.

The team also has significant experience advising on joint venture agreements, including preparing and negotiating complex shareholder agreements and related agreements, including technology licensing agreements, supply agreements and offtake arrangements, as well as negotiating concession agreements with the state.

Our team advises on mining and metals matters, with sector experience including aluminum, coal, copper, diamonds, gold, iron ore, nickel, palladium, platinum, silver, steel and uranium. We have extensive experience advising producers, financial institutions, contractors and other related parties on all aspects of mining operations from concession agreements to construction and financing agreements, sales contracts and permitting and licensing matters. Our lawyers assist clients engaged in all aspects of post-extraction processing and manufacturing as well as with commodities trading.

With approximately 300 private equity and private investment clients, we are involved in a broad cross-section of transactions and can see and spot deal issues from multiple sides of the table.

Dechert is recognized as an international private equity powerhouse. Dechert has been named a top private equity law firm by Bloomberg, Chambers, The Legal 500, IFLR1000, JUVE, Law360, Mergermarket, PitchBook, Preqin, Private Equity International, RealDeals, Refinitiv and The Deal.

Dechert’s global team of more than 350 lawyers represents all types of private equity sponsors and other private investment firms, including sovereign wealth funds and family offices, and their portfolio companies, as well as institutional and corporate investors looking to invest in private equity funds.

We act for investors and real estate developers, joint ventures, limited liability companies and other investment vehicles on real estate transactions, including the acquisition of commercial, agricultural and residential property, commercial and retail lease agreements, development and construction of mixed-use buildings, shopping centers, hotels, power facilities, roads and other infrastructure. We have also assisted clients in obtaining the requisite permits and financing for real estate projects and have assisted clients on establishing real estate-focused funds.

Dechert’s award-winning financial restructuring group has across-the-board experience representing creditors, investors and troubled companies in all types of in-court and out-of-court restructuring matters. The practice represents clients in highly sophisticated, precedent-setting matters and holds a substantial market share of the largest and most complicated deals across the EECA region, including Azerbaijan, Czech Republic, Georgia, Kazakhstan, Poland, Russia and Ukraine.

A hallmark of our practice is our experience as counsel to creditors’ committees and other critical stakeholders. Our lawyers know how to synchronize creditors’ interests and build consensus to maximize recovery.

We advise multinational clients on a wide spectrum of matters relating to the retail sector throughout the region. Our lawyers have assisted with the establishment of retail operations, including the acquisition of property, lease agreements, financing related to development of retail space and litigation matters. Our clients include major retailers, banks and private equity funds focused on retail assets.

Dechert’s EECA practice is recognized as a leading advisor on technology, media and telecommunications matters in the region. We handle a wide range of matters for domestic and international clients in the TMT sector, including advice on IP matters, data privacy, permitting and licensing issues and other sector-specific regulatory matters. We also regularly advise on M&A and joint venture transactions.

Our lawyers regularly conduct due diligence on target properties, represent clients in negotiations with other parties and governmental authorities, advise on structuring of transactions and draw up all necessary agreements and other legal documents.