Arbitration, Dispute Resolution & Insolvency

EXPERTS IN THIS FIELD: Voicu Cheța | Otilia Gramadă | Nicoleta Stoian | Anca Constantin

Our litigation attorneys have broad courtroom experience representing parties in lawsuits before Romanian and European courts as well as in high-profile domestic and international arbitrations. We represent clients in commercial and civil disputes involving breach of contract, contractual performance and enforcement, tort law, wills, subcontractor liability, corporate governance, real estate, property claims etc.

Our Insolvency team consisting of 5 attorneys provides representation to corporations, banks, creditors’ committees, creditors’ assemblies, insurance companies and other financial institutions on workouts, restructurings and bankruptcy cases ranging from middle market businesses to the largest multinational enterprises.

We provide counseling to our clients through the smallest to the most difficult litigation issues, especially in key business areas such as:

 · Commercial and Civil Litigation
 · Competition
 · Banking, Finance and Securities Disputes
 · Regulatory and White Collar Investigations
 · Bankruptcy, Insolvency, Restructurings and Debt Recovery
 · Employment Law
 · Tax Law. Insurance. Fraud
 · Intellectual Property
 · Domestic and international arbitration

Banking & Finance / Insurance

EXPERTS IN THIS FIELD: Roxana Mușoi | Carmen Bănățeanu | Otilia Gramadă | Nicoleta Stoian | Liviu Olaru

We provide full support to our Romanian and international clients in all the banking & finance matters.

Our lawyers provided representation services to banks and non-banking financial institutions with regard to issues such as domestic and cross-border investment plans, banking reorganizations, multi‑jurisdictional financing and refinancing, as well as liability management, syndicated lending, workout programs, leveraged finance and restructurings. Our capital markets expertise covers also derivatives and securitized products, equity, debt, and bond issues.

Our litigation and dispute resolution practice concerning banking, finance and securities disputes is one of our strongest assets. Furthermore, we assist our clients in all the areas of financial regulation and on:

 · A broad range of national and international structured-finance transactions, with a particular focus on real estate
 · Trade, Commodities and Export Finance
 · Microfinance and Social Investment Projects
 · Crowd funding
 · Retail financing (consumer loans)

We ensure the in-depth analysis and support of our clients’ business in relation to all the  applicable insurance laws and regulations, both in Romania and at EU level. Our attorneys handle coverage as well as property disputes for insurance and reinsurance companies, and assist clients as regard policies, contract wording, and other insurance issues, often involving the financial sector. RM represents clients in transactions and litigation in the insurance sector and provides integrated assistance services on a broad array of related matters involving public and private finance projects, manufacturers, development, Real Estate, Oil & Gas etc.

Business Restructuring

EXPERTS IN THIS FIELD: Roxana Mușoi | Voicu Cheța | Anca Constantin

In a changing and crisis business environment, the experience, creativity and pragmatism of one’s attorneys are crucial. It is imperative that one’s counsel has the ability to structure and negotiate transactions as well as the litigation expertise required to protect the rights of their clients. Our 7-attorney team directly involved in Business Restructuring legal activity has the resources necessary to tackle complex problems. We take pride in our ability to yield tangible results. Institutions, committees, corporations and individuals look to us to find practical solutions where others cannot. We are knowledgeable in the real estate, health care, manufacturing, retail, mortgage finance, consumer products, supermarket, food service, financial services, and construction sectors, inter alia.

Working closely with our firm’s other departments, our diverse practice area includes representation of creditors’ committees, equity committees, debtors, banks, bondholders, trade creditors, landlords, investors, debtor-in-possession lenders and acquirers as well as investors in the purchase and sale of securities and assets of troubled companies. Among other areas, we have particular expertise with giving advice in connection with complex bankruptcy litigation and investigations, distressed investments, mergers and acquisitions.

Our attorneys serve as strategic advisors for different stages and acts of reorganizing the legal, ownership, operational of companies for the purpose of making it more cost-efficient or better organized for its current needs. We provided legal assistance services to our clients with regard to:

· Change of ownership or Ownership Structure

· Corporate Restructuring

· Merger/Demerger

· Debt Restructuring

· Financial Restructuring

in response to a crisis or major change in the business environment.

Corporate & Commercial

EXPERTS IN THIS FIELD: Mihai Rădulescu | Roxana Mușoi | Carmen Bănățeanu | Despina AndrianAnca Constantin | Victor Iacob | Laura Leonte | Herbert Hantig | Liviu Olaru

We advise foreign and domestic clients on general corporate matters on a daily basis, and we represent our clients as general counsel in all aspects of their corporate life, from setting up to development and operation.

We assist our clients in meeting and complying with the requirements placed on them by the company law in various situations.

The legal assistance services we provide to our clients include:

 · Formation and organization of new business ventures
 · Assistance in corporate governance matters
 · Establishment of subsidiaries, branches and representative offices
 · Drafting and keeping of corporate books, as well as assistance in disputes concerning corporate issues, such as, for instance, directors’ liability

Our lawyers acquired a considerable expertise and experience in handling complex transactions within short timeframes. A team consisting of 10 attorneys combining all the firm’s areas of expertise with attorneys who have the required expertise in projects such as these. Also, we have an extensive experience from larger international property transactions to small & medium deals.

The legal assistance services we provide to our clients include advice on the full range of:

· Customer and Supplier agreements

· Consumer Law and Credit

· Standard Terms and Conditions

· Sponsorship

· Franchising

· Contractual Liability

· Advertising and Marketing

· Trading Standards

· Sales Promotion and Distributorships

· Property Transactions

· Structuring and Negotiations of Lease Agreements

· Management Agreements

· Sale and Lease-back

· Development Agreements

· Distribution Agreements

· Import and Export Agreements

· Sale-Purchase Agreements

Data Protection & Privacy

EXPERTS IN THIS FIELD: Mihai Rădulescu | Roxana Mușoi | Carmen Bănățeanu | Emanuel Petre | Daniel Goidescu | Herbert Hantig

Managing clients and employee data is a major risk issue for businesses, particularly as regulators and consumers become increasingly vigilant with respect to the processing of their data. As major data losses and thefts hit the headlines, data protection is no longer just about legal compliance – it directly impacts businesses’ reputations and brands. This creates a problem for multinational businesses, which must comply with a raft of constantly changing local laws.

Employment

EXPERTS IN THIS FIELD: Carmen Bănățeanu | Voicu Cheța | Anca Constantin

RM’s attorneys assist clients throughout the scope of labor and employment matters. We provide representation and counseling services to both employees and employers on individual and collective negotiations, benefits and incentives, allegations of wrongful termination, employment discrimination, and other work-related disputes including non-compete violations.

Our attorneys have extensive trial experience and will guide you in any matters arising in arbitrations and litigation. In addition, we advise on workplace employee policies, data protection as well as regulatory compliance issues.

EU Law and Competition

EXPERTS IN THIS FIELD: Mihai Rădulescu | Victor Iacob | Laura Leonte | Herbert Hantig

We provide integrated solutions and strategic advice with respect to all matters arising under EU and Romanian competition law.

Our lawyers handled a significant number of the merger clearances issued by the Romanian Competition Council and were involved in merger control proceedings before the European Commission as part of multi-jurisdictional teams. We are able to make filings on short notice even in complex cases, and to swiftly harmonize the transactional schedule with the merger control procedure.

Our team has a track record of landmark litigation cases and representation in cartel and abuse of dominance investigations before the Romanian Competition Council.

We provide state aid advice particularly concerning the energy sector and in relation to European Commission investigations, as well as individual state aid notifications filed by Romanian authorities.

We regularly advise our clients on distribution and other types of vertical arrangements, on cooperation agreements, unfair competition, and any issue arising in their day to day business. We have a strong focus particularly on the pharmaceuticals, consumer products, technology and financial services sectors.

Mihai Rădulescu was described by Chambers Europe 2013 as “one of the best Romanian lawyers in competition matters; he really stands out.”

Intellectual Property

EXPERTS IN THIS FIELD: Mihai RădulescuCarmen BănățeanuLaura Leonte

Our team offers a full range of IP services, from IP prosecution to IP enforcement and commercialisation of IP rights.

We draft and negotiate IP licensing agreements and advise on IP transactions, research & development agreements, acquisition, sale and use of IP rights.

We represent our clients in infringement proceedings concerning copyright, trademarks, designs, domain names, and unfair competition.

Our team manages IP rights throughout their entire lifecycle, providing clearance opinions, assisting in their registration process and maintaing their validity. We represent our clients before the Romanian Trademarks Office, EUIPO and WIPO in opposition and appeal proceedings.

We also provide assistance regarding our clients’ social media presence and their online marketing strategies.

Mergers & Acquisitions

EXPERTS IN THIS FIELD: Mihai RădulescuRoxana Mușoi | Despina Andrian | Victor Iacob | Liviu Olaru

Our M&A practice provides clients of all sizes and types with a full range of corporate and merger&acquisition services tailored to meet each client’s unique business needs.

We bring a business-oriented focus to transactions and the close attention of our senior attorneys who understand our clients’ industries, their business context and concerns.

Our attorneys serve as strategic advisers to boards of directors, special committees, shareholders and other persons in regard to:

·  Public and private mergers and acquisitions

·  Buyouts and takeovers

·  Complex divestitures, recapitalizations and restructurings

·  Spin-offs and going-private transactions

·  Regulatory compliance

·  Domestic and cross-border transactions

·  Joint ventures and strategic alliances

·  Stock and asset acquisitions or dispositions

Public Procurement

EXPERTS IN THIS FIELD: Carmen BănățeanuAnca Constantin | Herbert Hantig

We provide assistance to both procuring entities and suppliers and we experienced a high demand for legal services in this field during the last few years.

Our assistance to public entities in connection with the procurement process includes:

 · Development and/or quality assurance of tenders with attachments
 · Assistance in the selection for future awards in multi-provider framework agreements
 · Consideration of potential rejection issues of suppliers and tenders
 · Quality assurance of the contractor’s process of evaluating and selecting suppliers
 · Preparation and quality assurance of written reasons and contracts
 · Assistance in connection with complaints management against the procuring entity
 · Handling of complaints against the public procurement complaints board
 · Assistance related to cases before the courts of law (temporary injunctions and compensation claims)
 · Evaluation of the tender process after completion
 · Responding to general queries from the procuring entity

Our legal assistance services to suppliers in connection with public procurement consist of:

 · Consultation in conjunction with the bidding process, both in the preliminary stages of submission and upon completion of negotiations
 · Assistance in connection with complaints to the procuring entity and to the public procurement complaints board
 · Handling of cases before the courts of law

Real Estate & Construction

EXPERTS IN THIS FIELD: Despina Andrian | Anca Constantin | Liviu Olaru

Our team of 3 attorneys provides legal assistance in the negotiation and drafting of public and private procurement and construction contracts, and in the various issues connected with this type of contracts (namely, performance bonds, architect’s and contractor’ s liabilities, claims, variations, joint venture agreements, etc.).

Our firm has also an extensive experience in the negotiation and drafting of agreements for the sale and purchase, development, operation, leasing and financing of any type of real estate assets, for commercial or industrial purposes, including residential and commercial projects, hotels and resorts, business centres and cinemas.

Tax & Fiscal

EXPERTS IN THIS FIELD: Mihai Rădulescu | Liviu Olaru

Our practice is rooted not only in a thorough knowledge of the ever-changing tax laws, but also in the practical application of those laws to a client’s strategic goals. In a wide variety of corporate and real estate transactions, our clients rely on us to clearly inform them of the tax implications of their actions, and to deal with those implications in a manner entirely consistent with their business objectives.

Our services cover the tax and fiscal ramifications of a full range of transactions and matters, including:

· Mergers &Acquisitions

· Restructurings

· Capital Markets

· Corporate Finance and Financial products

· Tax and fiscal implications on day-to-day activities of our clients

· Real Estate

· State and Local taxation

· Investment Funds

· Private Foundations and Charitable Organizations

· Tax Controversies

· Executive Compensation Planning