From 2007 attorney of the Moscow Bar Association, registered number 77/8709.

Experience comprise

• representation and protection of Russian and foreign clients in criminal cases with economic and technical background;
• assistance to the compliance and internal security service of companies during internal audits with the subsequent prosecution of the perpetrators;
• legal audit, identification and elimination of criminal risks in the activities of companies;
• advising on insolvency procedures of legal entities and individuals.

Some of the “white collar criminal defence” practice projets

• Representation of the interests of federal state unitary enterprise (FSUE) as a victim in the criminal proceedings in regards to damage of more than 8.5 bln. Roubles to the FSUE as a result of major fraudulent activities of group of persons (para 4 of Art. 159 of the Criminal Code of RF);
• Legal assistance to employees of FSUE "Paramilitary mine rescue force" of EMERCOM of Russia brought to criminal liability in connection with the accident at the mine "Raspadskaya" of Kemerovo region (Art. 216, 217 of the Criminal Code of RF);
• Termination of criminal prosecution of broker's clients on suspicion of participation in cashing and embezzlement of funds (Art. 160 of the Criminal Code of RF)
• Successful defense of client suspected of participation in market manipulation (transactions with shares with the availability of insider information), viz.: development of procedural strategy, interaction with law enforcement agencies, assistance in calling the client's employees for questioning (para 2 of Art. 185.3 of the Criminal Code of RF);
• Termination of criminal prosecution of top managers of the Moscow bank in connection with suspicion of illicit banking activities (Art. 172 of the Criminal Code of RF);
• Assistance to the security service of the warehouse complex in bringing to criminal liability a former employee for illicit collection and use of information constituting a trade secret (para 2 of Art. 183 of the Criminal Code of RF);
• Return to the prosecutor of a criminal case initiated on the fact of concealment of funds and property of the company, on which taxes shall be levied, with the subsequent termination of the criminal case (Art. 199.2 of the Criminal Code of RF);
• Advising FSUE “Paramilitary mine rescue force" of EMERCOM of Russia in regards to the accident at the mine "Severnaya" of city of Vorkuta (Art. 216 of the Criminal Code of RF);
• Legal assistance to top managers of the international automobile concern in connection with the initiation and investigation of a criminal case on tax evasion (para 2 of Art. 199 of the Criminal Code of RF);
• Legal assistance to the Russian representative office of an international group of companies specializing in the production and sale of construction materials in connection with an accident at work (para 2 of Art 143 of the Criminal Code of RF);
• Successful protection of employees of the warehouse management company suspected of complicity in the scheme of evasion of customs duties (para 4 of Art. 194 of the Criminal Code of RF);
• Assistance to the security service of the bank in relation to the criminal prosecution of former bank employee for committing fraudulent activities in the sphere of computer information; the support of prosecution in court (para 4 of Art. 159.6 of the Criminal Code of RF).

Frome "insolvency" practice

• Legal assistance during a car-repair plant insolvency in Lipetsk under the receivership: the interests of the main creditor in the tender (Case No. 19АП-6048/2015, A36-174/2013);
• Legal assistance on inclusion accounts payable of our client in the register of creditors of LLC "Regiontehstroy" (Case number A40-19240/13-73-38 "B", F05-9740/2015, 09AP-42447/2013, A40-19240/);
• Advising management of one of the largest tyre manufacturers – Amtel-Vredestein at pre-insolvency and the stage of monitoring. The initiation of insolvency of debtors from group of companies (Moscow and Kirov) (Case No. Ф05-3870/2010, 09AP-27023/2009, A40-64739/2009, YOU 6129/2010, Ф01-28/2010, 02АП-5993/2009, A28-8487/2009);
• Management of the winery insolvency project in the Smolensk region, effective mediation in relations with the mortgage lender (Case No. A62-3397/2009);
• Advising the client, participation in meetings of creditors, interaction with the State corporation "Deposit insurance Agency" in connection with the revocation of the license of the International joint-stock bank (IJSB);
• Effective support of the insolvency of several individuals with a debt of more than 800 mln. Roubles;
• Successful implementation of bankruptcy projects of a number of debtors-legal entities with a debt of more than 1.5 bln. Roubles;
• Successful completion of insolvency projects of a number of debtors  - legal entities with a debt of more than 1.5 bln. Roubles.

Publications

Author and co-author of a number of publications on legal matters:

• Freedom-threatening: how the accidents and the fire put directors behind bars. "General Director", November 2016.
• Specific features of merger and acquisition (M&A) in Russia: guarantees. “Hostile acquisitions in Ukraine”, No. 3, 2007.
• The shareholder’s shares safeguard. “Corporate lawyer”, No. 5, 2006.
• Amicable agreement during insolvency. Legal matters of insolvency (bankruptcy). M., 2004.

Proficient in English language.

Education

Lomonosov Moscow State University, Law faculty, Business law department, honours degree. Postgraduate studies on Business law department of Lomonosov Moscow State University. Lectures a special course for Masters of Business law department of Lomonosov Moscow State University on “Abuse and misconduct during insolvency”.

Specialisation

Valentin is a recognized expert in corporate law, a practicing criminal lawyer and a specialist in the field of anti-trust regulation.

Among Valentin's main M&A projects is the establishment and subsequent corporate restructuring of a joint venture between Sukhoi and Alenia Aeronautica SpA in the field of civil aviation - the production and sale of SSJ – 100 aircraft, namely: the creation of a joint venture of SCAC in Russia and SJI in Italy and the legal shaping of the project business model. Valentin provides legal assistance both in cases related to commercial/corporate activities – tax crimes (Art. 199 of the Criminal Code of RF) and abuse of authority (Art. 201 of the Criminal Code of RF), and in the event of major technological accidents (Art. 216 and 217 of the Criminal Code of RF).

Also among the completed projects of Valentin is advising "EUROCEMENT group" in connection with a judicial challenge of fines and restrictions of activities imposed by the Federal Antimonopoly Service of the Russian Federation, and completion of comprehensive protection of SAP AG during the dispute to 25 mln. Euros in the course of which Valentin carried out the bankruptcy of the SAP AG debtor, and represented SAP AG in the trademark case.

Previously, Valentin worked for about 9 years in the international law firm Jones Day, was a lawyer of the management company of Severstal Group.

Proficient in English language.

Education

Admitted to the examination for the status of lawyer of English and Welsh law -- February 2013.

Lomonosov Moscow State University, Law faculty, Civil law department, honours degree.

PhD in Law.

Specialisation

Anna is a head of private clients legal service practice. Within this area, the firm provides services to individuals on family, tax and employment law matters. Anna has more than 15 years of practical legal experience, successfully represents our clients in courts and administrative bodies; acts as a legal adviser to entrepreneurs, top managers of corporations and their spouses on personal matters.

In 2018 the EMPP practice of family/inheritance law under the guidance of Anna has been praised by the national legal rating Pravo.ru (group 2).

PROFESSIONAL EXPERIENCE (SELECTively)

• Successful completion of a long-term family dispute on the division of joint property in regards to the mistake of the notary in the marriage contract which allowed the mala fide spouse to refuse to fulfill its’ obligations in favor of the spouse and children due to the interpretation of the debatable term of the marriage contract for his benefits.
• Protection of the interests of the spouse and minors of an insolvent-a natural person in regards to claims by creditors within insolvency proceedings and the risk of recourse to the property of the spouse and children.
• Obtaining a court decision on the permission of the child to leave Russia with his mother and the removal of the previously imposed prohibitions of the father on the child's departure abroad until the child’s majority.
• Representation of the spouse’s interests within procedure of division of the joint property and execution of marriage contract; settlement of business management issue via division of shares of a company.
• Preparation of a draft will providing the formation of an inheritance fund; settlement of issues concerning the inheritance of property in foreign jurisdictions (Cyprus, Switzerland, USA and Italy).
• Obtaining the necessary permits for the export abroad of antiquities belonging to the principal.
• Protection of honor and dignity of an individual in connection with the placement on the Internet discrediting information about him, blocking links to relevant resources by a court decision.

Publications

Author and co-author of several dozens of publications on legal matters, including those in following editions: "Corporate lawyer", "General Director", "Company Management", "Man and law", "Arbitrage practice", "Legal guide for director", "Labor disputes".

Proficient in English language.

EDUcation

Kutafin Moscow State Law University (MSAL).

Mergen specializes in complex business litigation and arbitration, in particular cases with an international or cross-border dimension. He has conducted numerous legal proceedings for his clients, including corporate and commercial disputes, the recognition and enforcement of foreign judgements and arbitration awards in Russian courts.

Mergen successfully represented ROSTEC in the defense of the attempts of Siemens AG to contest the delivery of gas turbines; represented Agrobusiness Group in respect of more than $1.5-mln claim brought by a Russian subsidiary of Sucres & Denrées; represented SAP CIS in different proceedings in Russian courts; coordinated the defense of ARMZ Uranium Holding Co, successfully opposing an attempt by the plaintiffs to obtain an order validating service of a statement of claim abroad in contravention of the Hague Convention on Service, effectively ending a $300-mln claim.

In addition to his work with clients, Mergen is lecturer in law in the International Business Transaction course at the Lomonosov Moscow State University Law Faculty and the HSE Faculty of Law. He is also an author of two books dedicated to sanctions issues: Economic Sanctions in the Law of the US, EU and Russia (published in 2016) and Economic Sanctions Against Russia: Legal Challenges and Perspectives (published in 2018).

In 2019, Best Lawyers recognized Mergen among leading dispute resolution lawyers in Russia. Kommersant ranking recommends Mergen for his work related to Russia’s transport industry.

PRIOR EXPERIENCE

Mergen joined the firm in 2015. He worked as a Partner at Egorov Kryazhevskikh & Partners, head of project at ARMZ Uranium Holding / TENEX and Head of Corporate Law Division / Associate at the Resource division of SEVERSTAL.

EDUCATION

University of Pennsylvania Law School (LL.M. 2015)

University of Pennsylvania, Wharton's Aresty Institute of Executive Education (WBLC 2015)

Lomonosov Moscow State University (Ph.D. in Law 2012; Diploma in Law 2004)

Specialisation

Petr is specialized on acquisition of companies and assets deals related to Russia as well as corporate disputes.

Petr has represented interests of Igor Yakovlev, founder of Eldorado network during the sale by PPF Group of his participation interest in Eldorado Group; represented Maslov PR, Russian PR-agency in regards to establishment of a joint venture with leading global communicational network Ketchum; represented interests of the Moscow City Government and subsidiary of OJSC "OEK-Finance" in the case of Ashot Yeghiazaryan and Vitaly Gogokhiya on recovery of more than 2 billion US dollars in connection with the joint venture for the reconstruction of the hotel "Moscow". The case was heard before the London Court of International Arbitration (LCIA).

From 2003 to 2006 Petr was legal adviser to Severstal JSC, where he worked on various types of transactions. In 2006-2008 Petr was the head of the legal service of the company "Sveza". He has participated in the work of the acquisition by the company "Sveza" of the controlling stock of the Perm and Manturovskiy plywood mills, and the establishment of a joint venture with UPM for the construction of plants for the production of pulp, OSB and lumber in the Vologda region, estimated at 1.2 billion Euros.

past experience

• 2008 – 2013 International law firm Jones Day, senior associate.
• 2003 – 2006 Legal Director of Sveza-Les LLC.
• 2003 – 2006 OJSC Severstal, lawyer.

Proficient in English language.

Education

Lomonosov Moscow State University, Law faculty, honours degree.

Specialisation

Sergey Sitnikov is the Head of Environmental, Social, and Corporate governance (ESG) practice of EMPP. He focuses his practice on climate projects, carbon units trading, and projects in the sphere of increasing energy efficiency and energy saving. Also, Sergey regularly advises on IT projects and regulatory aspects of crypto-assets and transactions involving crypto-assets in Russia and abroad.

Among other projects, Sergey advised EBRD and the World Bank on their projects involving carbon financing, consulted Apple on regulatory aspects connected with their activities in Russia, advised AT&T and Cellum on various aspects of e-commerce in Russia, advised various financial institutions (including, inter alia, Morgan Chase and Macquarie Bank Limited) on implementation of projects involving green financing, advised industrial companies (including, inter alia, JSC Eurochem and JSC Minudobreniya) on various issues of structuring ESG-related projects, supported numerous IT-companies in connection with their business activities in Russia and their expansion to the USA. Also, Sergey advised Russian and international authorities on various aspects of regulation of ESG-related policies and projects.

PUBLICATIONS

Sergey Sitnikov is author (and co-author) of a number of books and tutorials, including inter alia: “Civil Law Regulation of Oil Transportation by Pipelines: Acute Issues”, YusticInform, Moscow, 2012; “Climate Change Liability. Transnational Law and Practice”, Cambridge University Press, UK, 2012; “Energy Law in Russia and Germany. Comparative Law Research”, Yurist publishing group, Moscow, 2011; “Trading In Air: Mitigating Climate Change Through the Carbon Markets”, Infotropic Media, Moscow, 2010.

PAST EXPERIENCE

Before joining EMPP in 2021, Sergey Sitnikov worked as сounsel at Barker McKenzie, an international law firm, which he left to establish a boutique law firm, and then he has spent three years in the USA advising on international climate projects and IT projects.

Education

Moscow State University after M.I. Lomonosov, Law degree (cum laude), 2003;

Moscow State University after M.I. Lomonosov, Ph.D. in Law, 2007.

LANGUAGES

Russian; English

Specialisation

Vasily Kuznetsov has been representing domestic and international clients in major litigations and arbitrations since 2002, including in commercial cases involving the recognition and enforcement in Russia of foreign judgments and awards. Prior to KMP, he was counsel at Clifford Chance, partner at Dechert, partner at Quinn Emanuel, partner and head of Russian dispute resolution practice of Baker Botts and managing partner of Kuznetsov, Marisin and Partners.

He was a member of the Expert Council of the Arbitration journal and member of the ICC Arbitration and ADR Commission for Russia. Vasily regularly spoke at major Russian and international conferences and events and authored legal publications.

Notable representations

• Represented a major Russian company in disputes under agreements with a «take or pay» clause and potential claims of parties amounting to several billion US dollars. The disputes were concluded with a favourable outcome for the client.
• Represented a major Russian company in disputes under agreements with a «take or pay» clause and potential claims of parties amounting to several billion US dollars. The disputes were concluded with a favourable outcome for the client.
• Acted for a Russian client in a dispute with a foreign contractor in relation to construction of a complex technological facility. The case was successfully settled on favourable terms.
• Represented a number of Russian businessmen and their companies in several high value LCIA arbitrations and court proceedings in various jurisdictions arising out of a project to rebuild the Soviet-era Moskva hotel just off the Red Square. The dispute lasted for 5 years and resulted in the clients’ full victory.
• Represented the interests of Alisher Usmanov's entities in a major dispute over one of the largest social networks in Europe - VKontakte. The dispute involved several proceedings, including in London, U.S. and offshore jurisdictions. The dispute was settled on the terms favourable for the client according to which the client received the whole control over VKontakte.
• Represented Bank of New York Mellon as respondent before the City of Moscow Arbitrazh Court in a $22.5 billion claim brought by the Federal Customs Service of the Russian Federation, the largest case ever heard by a Russian state court, in which the claimant sought the first ever application of the U.S. RICO Act in Russia. The defence strategy led to a settlement agreement proposed by the Federal Customs Service of the Russian Federation. The case was terminated on the terms favourable for the client.
• Defended Russian uranium seller Techsnabexport as a respondent in a US$1 billion international arbitration (Stockholm) regarding the alleged non-delivery of nuclear materials (the award was rendered in favour of Techsnabexport) and in the case before the Swedish Svea Court of Appeal which also ruled in favour of Techsnabexport.
• Represented participants of a gigantic joint venture with business operations in Russia and CIS in a complex high value corporate conflict regarding management of the JV and contractual obligations of the JV members. The main focus was on the Russian court cases. The amount of the dispute exceeded several billion US dollars. We managed to press the opponents to settle the dispute on the terms favourable for our clients.
• Defended the Russian Chess Federation in connection with non-admission of the Russian women's team to the 2014 World Chess Olympiad in Tromsø (Norway). As a result, the Russian team was admitted to the competition and received official apologies from the organizers.
• Defended a Russian company in two parallel high value SCC and ICC arbitrations with a Western contractor relating to construction of a unique high-tech plant in Russia. The dispute resulted in a favorable outcome for the client.
• Represented Société Générale as agent together with the 10-bank syndicate prior to and in a default situation and insolvency regarding a $1 billion loan to Yukos Oil Company secured over oil export receivables. Ultimately the bank syndicate obtained what it had sought and the Yukos debt was eventually assigned to Rosneft. What is special about this case is that the legal strategy was subsequently used in other cases.

Education

Law Degree, Moscow State University, 2003 (with honors).