Hotter Place
In light of the economic crisis and absence of major M&A transactions in the Ukrainian IT and telecom sectors, 2009 became the year of good housekeeping for the Ukrainian regulator (NCRC). According to Nazar Chernyavsky, partner of Sayenko Kharenko, it can be recalled that NCRC’s attention was focused on the introduction of new dialing rules (10-digit numbers are now used nationwide), fighting with grey imports of mobile phones (mandatory registration of IMEI numbers), curbing fierce competition among mobile operators by prohibiting the use of “zero” tariffs and preparations for the introduction of new technologies (e.g. setting the framework for obtaining 3G licenses by other operators, something which became inevitable after Ukrtelecom’s privatization was delayed). The latter step should, in his view, make the Ukrainian telecom market an even hotter place during the next year.
Asters is renowned for its ground work in the telecom practice. The telecom legal expertise encompasses mobile and fixed technologies, network interconnection, access issues, licensing, telecom project finance etc. Asters has experience in the satellite, virtual private networks, internet interconnection and IP-telephony areas. In 2009 the firm handled a number of matters related to the development of the Internet industry in Ukraine. Asters highlights include advising Telenor Group on a variety of telecom regulatory issues; Microsoft regarding online business products to be offered to business customers in Ukraine; a large American provider of telephone and wireless services on issues regarding provision of telecommunication services in Ukraine; ITI Neovision on various issues regarding provision of DTH services (satellite TV). The firm’s Telecom Practice Group, as headed by Oleksiy Didkovskiy, participates in various endeavors aimed at improving telecom legislation in Ukraine.
Konnov & Sozanovsky is, according to poll results, in a very strong position. The recent highlights are advising Microsoft on matters related to distribution of information and email messages; promotional media project with respect to software products; issues related to registration and use of domain names; software licensing, collaboration in the field of software development and deployment. The firm advised Star Media on a number of issues related to TV production and distribution as well as Celenia Software on a dispute related to use of information and intellectual property on Internet resources. Sergei Sozanovsky, Julia Semeniy and Maria Fomichenko-Zakoutskaya are the firm’s leading experts from different practices but work on related projects.
Sayenko Kharenko represented a number of major companies in television and the print media, as well as publishing businesses, handling high profile M&A, capital markets, finance and antitrust matters in the media industry. In 2009 the firm advised on the USD 290 million Eurobond placement by Central European Media Enterprises (owner of Studio 1+1 Group), representing the arrangers — Bank of America N.A., BNP Paribas, Deutsche Bank. Sayenko Kharenko also acted on merger clearance for the sale of CME to Time Warner Inc. The firm acted in the restructuring of a USD 100 million loan to Ukrainian Radio Systems, organized by Standard Bank; represented PPF Group N.V. with regards to the acquisition of control over a company owning a major cable TV and internet business in Ukraine. The team also advised Sanoma Magazines, one of the largest European publishers of consumer magazines, on general corporate and regulatory issues. Michael Kharenko and Nazar Chernyavsky are recognized specialists in this field.
CMS Cameron McKenna concentrated its activities on working with foreign clients. The team of the commercial practice group, Olexander Martinenko and Olga Belyakova, advised Swisscom on the disposal of their Internet service provider business in Ukraine to Euroventures Ukraine. The other distinguished project was advising a multinational telecommunication companies regarding the lease and sub-lease of telecommunication circuits of different levels and telecommunication equipment and dark fibre in Ukraine.
Among the services offered by Spenser & Kauffmann in the IT area of practise, one should mention legal support with regard to the Savik Shuster Studio concluding a contract with TRK Ukraina, including regulatory requirements in the telecommunications field. Valentyn Zagariya, Tetiana Daniltseva and Ruslan Shevchuk are experts in this area.
Last year the telecommunications practice of Vasil Kisil & Partners was strengthened by a number of successful projects. During 2009 it provided legal support to a number of international strategic players in this industry. The firm’s attorneys advised Central European Media Enterprises Ltd in a transaction regarding a joint project with famous businessman Igor Kolomoysky, namely, establishment of joint control over part of the mediaassets of two groups (media companies of Studio 1+1 Group and media companies of TET TV company). The other extraordinary project was advising Levira AS (Estonia) with respect to digital terrestrial television in Ukraine and the legal environment surrounding this. Denis Lysenko, partner, and Anna Babych, senior associate, are acknowledged practitioners due to their comprehensive and practical advice in telecommunications matters. Yaroslav Teklyuk, is mentioned for his expertise in resolving disputes in the telecommunications sector.
DLA Piper advised the global information security giant, Symantec Corporation in respect to its acquisition of the Ukrainian subsidiary of PC Tools, the global internet company. The team’s work included legal support of different aspects of the transaction in Ukraine, legal due diligence and further post-acquisition support. The team also recently advised a leading global media group in the context of acquisition of an internet operating business in Ukraine. In addition, full range IP advice has been given to one of the largest global IT and telecommunications companies regarding its set up in Ukraine. Margarita Karpenko, managing partner, and Natalia Pakhomovska, senior associate, are key specialists in the Kiev office.
Andriy Kravets & Partners most frequently gives advice on regulatory, corporate, commercial, financial and infrastructure law matters pertaining to the activities of IT and telecom companies in Ukraine. In 2009 the firm’s associates advised Nokia and Nokia Siemens Networks on the company’s activity and operations in Ukraine; conducted legal due diligence of LLC AB Ukraine to determine possible risks which investors might face with respect to establishment and operations of a group of communication companies in Ukraine and further acquisition of a group of companies by investors; advised Autodesk Software Company in connection with the possibility of realization of a stock option plan for the company’s employees in Ukraine, assisted Connect44 in connection with company incorporation in Ukraine and provided support on all aspects of LLC activities and operations in Ukraine. Andriy Kravets and Vladyslav Lyaskovskiy are very active in IT and communications law advice.
In 2009 Gvozdiy & Oberkovych was actively involved in counseling on IT and communications matters as part of corporate and commercial practice. The firm’s attorneys are experienced in advising IT and software developers, internet and communications services providers on regulatory matters and licensing procedures. They also gained expertise in practical legal solutions provided to TMT companies regarding corporate governance matters and establishing a presence in Ukraine. The team, which is headed by leading lawyer Stanislav Kononenko, provides continual legal support to CCS Ukraine, a subsidiary of Cyfrowe Centrum Serwisowe, a Polish provider of telephony and television services.
INTEGRITES is growing more and more active in the area of information technologies and communication practice. As for 2009 the firm advised a number of Ukrainian and foreign IT companies regarding legal and risk management assistance in their foreign trade activity. INTEGRITES was also engaged in several projects related to protection of company data, assistance in structuring export-import transactions, attracting facilities to project finance in the area of IT business. Partners Oleksandr Aleksyeyenko and Vyacheslav Korchev handle the projects.
D&D Lawyers, headed by Viktor Dovhan, provided legal assistance for the IREX (USA) charity fund in connection with drafting contracts for cooperation between the US fund and libraries in Ukraine.
Jurimex has demonstrated a high level of activity in the IT sphere. Among executed projects were a number of deals on the purchase and sale of domain names, registrations of Internet publications and press agencies, support of investigation carried out by state communication entities. Jury Krajnyak and Danylo Getmantcev are named as the firm’s leading specialists in this area.
The representation of the interests of a factory involved in the production of cable-explorer goods, Krok-GT, in a dispute respecting quality of output was one aspect of Jurline’s work. Svetlana Panova was engaged in litigation.
Paritet Law Firm acted as legal adviser to a major IT outsourcing company on software licensing issues, of a Scandinavian IT company of business activity in Ukraine, of Ukrainian B2B software developer on software development and distribution matters, a specialized pharma IT company on software and databases matters. Borys Danevych, Svitlana Krakhmalova are among the firm’s key practitioners in this area.
Volkov Koziakov & Partners advised Gala Radio in its litigation against the Ukrainian state in ICSID. Its IT group was headed by partner Mykola Podpalov.
The list of recent projects successfully completed by ILF included advising Ukrainian companies owned by EchoStar Corporation and Logica on agreement relations, concerned with IT and assisting a case to protect the interests of a leading Ukrainian telecommunications company.