Litigation and Alternative Dispute Resolution

Historically, commercial litigation has been the firm’s core practice area. The Firm handles a wide range of disputes, including contract, corporate, securities, land and other real property, privatization, bankruptcy, antitrust, tax, environmental, intellectual property and other cases. The Firm has been particularly well-known for its effective representations of clients before Russian business courts (arbitrazniye sudy), in bankruptcy-related proceedings, land and other real estate matters, as well as in all courts and before administrative agencies of the City of Moscow and the Moscow Region (Oblast). The Firm’s trial lawyers also represent clients in commercial arbitration and other forms of alternative dispute resolution. We handle criminal law matters, as well, including representation of white collar crime defendants.

Land Use/Real Property Law; Environmental Protection

The Firm’s Land Use/Real Property and Environmental Protection practice is one of the strongest in the country. We handle both real property transactions and commercial and administrative disputes in that area. Our clients include real estate investors, developers, construction and other contractors, lenders and insurance companies involved in real estate matters, as well as federal and regional government agencies. The services that we offer include:

  • advice and counsel in connection with purchases, sales, leases and other transactions with land and other real property within the City of Moscow, the Moscow Oblast and elsewhere in Russia
  • preparation and negotiation of contracts, leases and other legal documents in connection with any Russia-related real property transactions
  • assistance in obtaining licenses, permits and other regulatory approvals in connection with real property projects and environmental matters
  • advise and counsel in connection with financings of real property projects including pledging of land, land use rights and other real property-related collateral
  • representation and advise in connection with land use and other real property disputes
  • representation of developers and construction contractors in preparation, negotiation and bidding of construction and other contracts in residential and commercial projects
  • representation of landlords and tenants in the preparation and negotiation of commercial leases, as well as in disputes in connection with such leases
  • representation of Russia-based clients in connection with real property matters abroad.

Corporate and Securities. Privatization. Finance

Tarlo & Partners is known for its business-oriented approach and energetic dealmaking attitude in handling corporate legal matters. Our lawyers represent Russian and foreign clients in connection with sophisticated domestic and international mergers and equity/asset acquisitions, reorganizations, securities offerings and Russian stock exchange listings, takeovers and anti-takeover arrangements, shareholder rights, corporate governance and other corporate matters. The Firm has participated in corporate transactions in virtually every major industry in Russia. Tarlo & Partners has a renowned reputation for its work on large-scale privatizations in Russia in the 90s and we continue to assist our clients in connection with new sales and other dispositions of state- and municipality-owned assets, as well as post-privatization matters. We also advise clients regarding all legal aspects of equity and debt financings including the preparation and negotiation of loan documentation and other financial instruments. We maintain good working contacts with the Russian securities and banking regulators and keep our clients appraised of developments in the regulatory environment in these sectors.

Taxation and Tax Planning

The Firm’s lawyers routinely assist clients with respect to federal, local and international taxation matters with a view of minimizing taxes and other mandatory payments associated with various transactions and other business activities, and resolving controversies with fiscal authorities. Our advice and representation in the area of taxation and tax planning include the following:

  • development of tax-efficient structures for mergers, acquisitions, reorganizations and other transactions and ongoing business operations
  • contract review
  • transfer pricing
  • legal aspects of tax audits
  • obtaining federal, regional and local tax exemptions
  • international taxation matters
  • negotiation with tax authorities
  • resolution of tax controversies.

Oil & Gas/Mining

Tarlo & Partners has considerable experience in handling oil and gas and mining transactions and disputes in relation to Russia and other former Soviet states. We represent and advise a number of Russian and foreign clients with respect to the exploration, production, transportation and processing of oil and gas and hard minerals, including mineral licenses and license agreements, joint venture and production sharing contracts, sale and purchase, transportation and processing agreements. Our lawyers have also acquired significant expertise in restructuring Russian oil and gas companies including privatization, bankruptcy and corporate governance matters.

Bankruptcy

Our bankruptcy and financial restructuring practice is one of the most distinguished in Russia. We represent and advise on a regular basis creditors, debtors, bankruptcy trustees and other parties in all stages of bankruptcy proceedings and other insolvency-related matters, including bankruptcy-related disputes. We have been involved in many high-profile insolvency and financial restructuring cases in Russia and have acquired significant, unique experience in this area.

Foreign Investments and International Trade

We advise foreign investors and their Russian counterparts in connection with legal aspects of foreign investments in Russia. Our expertise covers the creation and operation of subsidiaries and representative offices of foreign companies, acquisition by foreign parties of Russia-based businesses, joint ventures, foreign ownership of equity and assets, licensing, foreign exchange and international taxation matters. The Firm also offers a full spectrum of legal services regarding international trade matters such as advice regarding customs regulations and clearance and export controls, market access and trade policy, antidumping measures, embargoes and other foreign trade restrictions, trade remedies, bilateral and multilateral commerce-related treaties and agreements, as well as issues of Russia’s proposed accession to the World Trade Organization. We also render advice on various international anti-corruption measures, including the effect of the OECD Anti-Bribery Convention and the U.S. Foreign Corrupt Practices Act, in relation to Russia and other former Soviet Union countries.

Government Relations and Election Law

Tarlo & Partners is enjoying a strong reputation for excellence and effectiveness in representing clients before the legislative and executive branches of the Russian federal government, as well as before local legislatures, municipal and administrative authorities. We monitor on a daily basis legislative and regulatory developments at the State Duma and the Federation Council of the Russian parliament, the Government and other major federal and local agencies. We also render advice on a wide range of election law matters. Our services in the government relations and election law areas include:

  • advice on public law matters
  • developing client strategies for dealing with all government branches
  • issue advocacy with key federal and local agencies
  • advice to political candidates and parties and government agencies on election law matters, including campaign finance issues
  • representation and counsel in election law disputes
  • advice on legislative and regulatory rule-making
  • obtaining licenses, permits and other government approvals
  • advice on government bidding rounds and contracts
  • working with public relations specialists to develop and implement political campaigns and agendas Among the Firm’s lawyers and advisers are former Russian government officials, including a former Legal Adviser to the President of Russia.

Labor and Employment

The Firm offers sophisticated legal support to employers and employees with respect to a full spectrum of labor and employment law matters. Our labor and employment services include advice and representation in the following areas:

  • negotiation and drafting employment agreements
  • preparation, negotiation and enforcement of non-compete and confidentiality agreements
  • labor and employment matters in corporate combinations, reorganizations and ongoing business operations
  • collective bargaining
  • strikes and work stoppages
  • development, preparation and implementation of employment policies including anti-drug and anti-corruption programs
  • personnel administration and compensation
  • employee benefits
  • employee discipline and discharge
  • compliance with immigration laws and regulations and other international employment matters
  • negotiation, arbitration and litigation of employment disputes.

Intellectual Property and Information Law

The Firm brings extensive experience in helping clients to create, document, utilize and protect their intellectual property, including copyright, patents, trademarks and trade secrets. Our services in this area include advising clients on intellectual property and information law matters, drafting and filing of patent and trademark applications, patent and trademark examination, negotiation and preparation of licenses, assignments and agreements, compliance monitoring and litigation of intellectual property rights infringements in Russian courts. We also have a strong record of representing and advising clients on e-commerce and media, Internet and other information law matters, including Internet domain disputes and implementation and enforcement of the Russian Law on Mass Media.

Criminal law

We represent individuals and advise companies in connection with allegations of criminal and professional misconduct. The Firm offers criminal law representation in a number of areas, including corporate and securities, banking and finance, insurance, real estate transactions, environmental, corruption and other business crimes and violations. Our lawyers also work closely with corporate entities to conduct internal investigations and to develop internal compliance programs.

Pro Bono and Other Non-Commercial Matters

Our lawyers are involved on a regular basis in a wide variety of pro bono services and community activities. We strongly believe that it is every lawyer’s responsibility to serve public interest through pro bono work. We provide free legal assistance to low-income individuals and charities and other non-profit organizations and sponsor and otherwise support various community causes. Our most significant pro bono and community projects include representation of the Russian Orthodox Church in the return to the church of the Novo-Jerusalem Monastery expropriated by the Bolsheviks, legal assistance to the Government of the Moscow Region regarding the preservation of a WWII memorial, establishment and support of the Anatoly Koni Legal Affairs Debate Club, and funding of the restoration of the gravesite memorial of the renowned Russian attorney and public speaker Fedor Plevako. The Firm’s lawyers participate on a regular basis in various law drafting and other non-commercial projects, including those related to education, environmental and youth matters. We work very closely with the Federal and Moscow regional Chambers of Lawyers and other members of the Russian legal community to improve laws and regulations governing legal profession.