Borenius news

Borenius maintains Band 1 ranking for Real Estate and Intellectual Property in Chambers Europe

Borenius — Wed, 22 May 2013 07:29:00 +0000

Attorneys at law Borenius can proudly present its continuing Band 1 position in Real Estate and Intellectual Property in Chambers Europe.

According to the rankings, Banking & Finance were in Band 2, with head of practice group and partner Priit Pahapill ranked in Band 1 according to individual rankings and described as “friendly, hard-working, responsible and smart”.

Competition / Antitrust were also ranked in Band 2 and the sources describe us as follows: “We appreciate the extra effort the team puts in. It is very proactive and provides good solutions”. Corporate / Commercial were in Band 2 along with its partners Sten Luiga and Peeter Kutman. Partner Peeter Kutman was praised by his peers who added that he is “a pleasure to negotiate with.”

Employment and Dispute Resolution were crowned with Band 2 while the Employment working group’s key individual partner Karina Paatsi (Band 1 in individual rankings) is praised as “a market leader, who provides clear feedback which is full of ideas.” Regarding our Dispute Resolution team, sources say that they appreciate the extra effort the group puts in. They also mention that the work is spot-on, and the team is really proactive.

Law firms and individual lawyers are ranked in bands from 1-6, with 1 being the best. Chambers Europe methodology for their research into the strengths and reputations of law firms and individuals has been approved by the British Market Research Bureau.

The World Justice Project – Rule of Law Index 2012 – 2013

Borenius — Wed, 22 May 2013 07:23:11 +0000

The WJP Rule of Law Index® is an innovative quantitative assessment tool designed by the World Justice Project offering a detailed and comprehensive picture of the extent to which countries adhere to the rule of law in practice. It provides original data on a variety of dimensions of the rule of law, enabling assessment of a nation’s adherence to the rule of law in practice, identifying a nation’s strengths and weaknesses in comparison to similarly situated countries, and tracking changes over time.

Attorneys at law Borenius with our Senior associate Valdo Lips kindly helped out the researchers. Countries are scored and ranked on each of the factors and sub-factors of the Rule of Law Index. The eight measured factors are:

Limited government powers (Estonian global ranking is 12 out of 97)
Absence of corruption (Estonian global ranking is 19 out of 97)
Order and security (Estonian global ranking is 23 out of 97)
Fundamental rights (Estonian global ranking is 13 out of 97)
Open government (Estonian global ranking is 17 out of 97)
Regulatory enforcement (Estonian global ranking is 16 out of 97)
Civil justice (Estonian global ranking is 16 out of 97)
Criminal justice (Estonian global ranking is 14 out of 97)

Based on rankings the chapter on Estonia says the following:

Estonia leads the region in all but two dimensions and ranks globally among the top 20 in all but one dimension (order and security), thanks to its well-functioning and open institutions. Administrative agencies and courts are accountable, effective, and free of corruption, and fundamental rights are strongly protected. On the other hand, crime rates in Estonia are higher than in most of its high income peers. Judicial delays are another area in need of attention.

To download the report and for a complete overview of the 97 countries, please go to www.worldjusticeproject.org

Attorneys at Law Borenius celebrates its 15th anniversary

Borenius — Thu, 25 Apr 2013 06:10:08 +0000

We are glad to let you know that the law firm founded in 1998 under the name Luiga and Partners has been advising clients in Estonia for 15 years already. Together with the Finnish law firm Attorneys at Law Borenius it has built up an international network of law firms that in addition to the offices mentioned comprises also law firms from Latvia, Lithuania, Russia and New York, all operating under the same brand “Attorney at Law Borenius”.

In autumn after the formation of the law firm, there were only 4 young lawyers working for the firm, but since then the office has grown and is now one of the biggest law firms in Tallinn with a team of nearly forty employees.

Sten Luiga, Jaanus Mody, Margus Mugu, Peeter Kutman, Priit Pahapill, Aivar Taro and Karina Paatsi are the partners in this firm.

The offices act as a responsible social actor by supporting a number of various projects and in relation to the anniversary year the partners of Attorneys at Law Borenius have agreed to give a hand to Estonian Ministry of Culture by supporting the Estonian Pavilion in the 55^th Venice Biennale.

The Biennale will open for visitors on June 1 and will remain open until the end of the summer. In 2014 the “Evident In Advance” project will be brought to Estonia and can be seen also at the Estonian art museum KUMU.

Borenius advised AS Forum Cinemas in a sale and leaseback transaction of Coca-Cola Plaza

Borenius — Fri, 22 Mar 2013 13:46:03 +0000

Attorneys at law Borenius advised AS Forum Cinemas in a sale and leaseback transaction of Coca-Cola Plaza to BPT Baltic Opportunity Fund (the most recently launched real estate fund from BPT). Coca-Cola Plaza is the largest combined cinema and retail complex in Estonia. Constructed in 2001 the complex has approximately 9,930 sq m of usable space. Its anchor tenant, Finnkino (owned by Swedish private equity company Ratos AB) is the market leading cinema operator in Finland and the Baltic States. The property is located in the central part of Tallinn, on Hobujaama Street, in the area between the medieval Old Town, the City Harbour and Viru Square.

Our work included advising the client throughout the whole process, including carrying out vendor due diligence, drafting the sales agreement and the lease agreement and negotiating transaction documents.

The project legal team included partner Aivar Taro and Senior Associate Triin Ploomipuu.

Attorneys at law Borenius contributed to the research of Doing Business 2013 report

Borenius — Tue, 05 Mar 2013 14:55:09 +0000

Doing Business investigates the regulations that enhance business activity and those that constrain it. Doing Business 2013 is the 10^th edition of the annual Doing Business reports. Research, conducted by the World Bank Group, covers 185 economies and is based on the 11 following indicators:

Starting a business
Dealing with construction permits
Getting electricity
Registering property
Paying taxes
Trading across borders
Getting credit
Protecting investors
Enforcing contracts
Resolving insolvency
Employing workers*

Attorneys at law Borenius has a long history of contributing to the research. Last year was no exception. So make yourself comfortable and get ready to feast your knowledge with a brief summary that focuses on the Fenno – Baltic area and some interesting overall facts.

The Baltics and Finland

Although Finland`s position (11^th) in the ease of doing business rankings stayed the same as the previous year and no significant reforms were welcomed during 2012, it still has the highest position among Estonia, Latvia and Lithuania.

Estonia positioned itself second with overall 21^st place among 185 countries in the ease of doing business rankings. Compared to last year Estonia rose by 3 positions. No significant reforms were welcomed and to be honest the rise was probably due to a small mistake in last year`s report regarding conversion of cost of construction permits. Last year`s position concerning dealing with construction permits was 89 compared to this year`s 35. So, the rise was a significant 54 places.

Latvia fell back by 4 places and landed in 25^th position (21^st in Doing Business 2012). No significant reforms were welcomed during the year. Although there were no significant ups and downs in rankings regarding indicators, one of three case studies concentrates on Latvia (the other two case studies are on Colombia and Rwanda). The Latvian case study emphasizes that accession to the European Union has been among the main motivations for improving business regulation and since 2004 the country has made positive changes across all areas measured by Doing Business.

And last, but not least – Lithuania. Although Lithuania was the only one out of four that welcomed two useful reforms, it was positioned 27^th.

Starting a business was made easier. Although one procedure was added, as a result the whole process itself now takes two days less.

Insolvency was made easier due to lowering the cost and reducing the minimum capital requirement.

Around the world

In the 2013 report the TOP5 countries (Singapore, Hong Kong SAR, China, New Zealand, the United States) stayed the same as in 2012.

Last year`s new entrant in the TOP10, South Korea, positioned itself 8^th in Doing Business 2013.

The ten economies that have most improved for ease of doing business across several areas of regulation as measured by the report are Poland, Sri Lanka, Ukraine, Uzbekistan, Burundi, Costa Rica, Mongolia, Greece, Serbia and Kazakhstan.

For a full overview of Doing Business 2013 and to take a look at Colombia`s and Rwanda`s case studies go to doingbusiness.org

*‘Employing workers’ indicators are not included in this year’s ranking on the ease of doing business or in the calculation of data on the strength of legal institutions included in figures in the report.

Sources:

Doing Business 2012
Doing Business 2013

Please see also Augusto Lopez- Claros, Co-author, World Bank Group, interview about the report:

Doing Business 2013: Smarter Regulations for Small and Medium-Size Enterprises

Mobile Apps and Privacy – New U.S. Initiatives

Borenius — Fri, 15 Feb 2013 13:05:39 +0000

Privacy issues related to mobile apps have been at the center of attention of U.S. authorities recently. In January, the Attorney General of the State of California, the state’s chief legal officer whose duties include ensuring that the laws of the state are uniformly and adequately enforced, issued a report that provides recommendations for mobile app developers. On February 1, 2013, the Federal Trade Commission (“FTC”), the US federal agency in charge of consumer protection and the nation’s chief privacy watchdog, issued a staff report, recommending ways in which the key mobile app market players can better inform consumers about their privacy practices. On the same day, the FTC also issued a press release stating that Path, Inc., the operator of the social networking app Path, had settled FTC charges relating to the alleged deception of users by collecting personal information from their address books without their knowledge and consent. As the largest app platforms such as Apple’s App Store and Google Play are U.S. based and need to follow U.S. regulation when making apps available for public, these recent developments are highly relevant also for non-U.S. companies that either develop apps or have them developed by a third party.

Continue reading the legal alert.

For further information:
Ave Piik

Attorneys at law Borenius Ltd opens an office in St. Petersburg, Russia

Borenius — Fri, 01 Feb 2013 09:11:39 +0000

The new office will have a team of 15 experienced lawyers led by Andrei Gusev, a leading and highly respected lawyer in Russia. The lawyers joining Borenius have previously worked in the St. Petersburg office of the leading Swedish law firm Mannheimer Swartling.

The new office will provide clients with services covering all areas of business law, which is in line with the full service concept of Borenius. The Russian team consists of highly ranked individuals. The key lawyers have been working together for several years, which ensures the continuous premium quality of services.

This opening is a further step in Borenius’ strategy for growth. The aim is to combine under the same brand legal services to companies having activities in Russia, as well as to Russian and international companies.

“We believe in the Russian market and we have been witnessing the steady demand for legal services in the Northwest Russia for a time now. We did not hesitate when we met this unique opportunity to get such an experienced and talented team as part of Borenius. We see that having an established position as a legal partner of Russian business, in addition to Finnish and other Nordic clients, is one of the keystones of our success in Russia,” says Jari Vikiö, the Managing Partner of Attorneys at law Borenius, Helsinki.

A firm that really makes an impact in the courtroom

Borenius — Fri, 25 Jan 2013 09:36:39 +0000

In January the third edition of WTR 1000 – The World`s Leading Trademark Professionals was published.

WTR 1000 identifies itself as a publication that cuts through the confusion to identify those private practice firms and individuals setting the industry benchmark for trademark services. It is conducted through qualitative research involving hundreds of interviews with trademark specialists and covers more than 60 key jurisdictions.

The short prelude that concentrates on Estonia focuses on reforms about to afoot and the fact that IP matters are now under the aegis of the Ministry of Justice instead of being divided between Ministry of Economics and Communications and Ministry of Culture. Ministry of Justice is managing a three – year project analyzing the potential for codifying IP laws into a single act, the aim of which is to simplify the Estonian IP regime. Attorneys at Law Borenius also gives its contribution to that project. Senior associates Liina Jents and Ave Piik both belong to the expert working group combined by Ministry of Justice.

Furthermore, WTR1000 highlights Attorneys at Law Borenius and senior associate Viive Kaur as a specialist on litigation and enforcement and is told to be one of the most active players on the market.

The following paragraph can be found from the publication:”The firm really makes an impact in the courtroom. In pole position is Viive Kaur, widely regarded as the market`s top trademark and copyright litigator. She represents the client effectively and gets the best judgment every time.”

We would like to express gratitude to our peers and clients for the flattering assessment and promise to maintain the high level of our work.

In order to see previous rankings at WTR 1000 please go to www.worldtrademarkreview.com

Jurisdiction clause in case of lending to natural persons

Indrek Minka — Mon, 07 Jan 2013 14:29:21 +0000

The Supreme Court recently highlighted (1) an Estonian regulation related to outstanding loans granted to natural persons (consumers) which is often forgotten or overlooked by creditors. Agreements for such loans are common. However, if they contain a jurisdiction clause under which all disputes arising between the parties in relation to such agreement must be settled in a specific court in Estonia, this clause may turn out to be void.

As a rule of thumb under Estonian law, the jurisdiction for a loan agreement entered into between a consumer and a lender is that of the consumer’s domicile. The parties are free to agree on the jurisdiction clause referred to above when they are acting in the course of their economic or professional activities. The aforementioned invalidity will not be a problem where the consumer is domiciled in Estonia, as legal proceedings will take place in Estonia regardless of the jurisdiction clause. However, if the consumer’s domicile is outside Estonia (eg, the borrower has moved during the term of the loan), proceedings outside Estonia may be required, resulting in additional costs for the lender.

Under EC Council Regulation 44/2001, if a consumer is domiciled in an EU member state, proceedings may be brought against the consumer by the other party to the contract only in the courts of such EU member state. However, lenders such as banks can prevent proceedings against consumers in another jurisdiction if an express agreement between consumer and lender provides for a specific jurisdiction clause for circumstances under which the consumer changes its domicile after entering into the loan agreement. This specific jurisdiction clause is permitted and enforceable.

Endnotes

(1) Ruling 3-2-1-123-12.

Working during holidays

Heili Haabu — Tue, 18 Dec 2012 14:00:22 +0000

The upcoming holidays have excited growing interest among employers in how to shorten working days before the holidays and whether and on what conditions employees working on the basis of total working time can be engaged on national holidays.

According to the Employment Contracts Act, the working day preceding New Year’s Eve and Christmas Eve is shortened by 3 hours, as before any other national holiday. Since this year Christmas Eve is on Monday, shortening the working day before Christmas Eve will not apply to individuals whose regular working time is from Monday to Friday. One view is that in these circumstances the Friday working day should be shortened. However, this cannot be agreed, since by law the working day to be shortened must directly precede Christmas Eve. This year, the day directly preceding Christmas Eve is not a working day but a Sunday, which is a day off in the case of regular working time, and will therefore not be shortened. However, working time will be shortened by 3 hours onDecember 31, since it directly precedes New Year.

In the case of a system of total working time, an employee’s working week may not be from Monday to Friday, which is why additional restrictions and rules must be followed during holidays if total working time applies.

According to the Public and National Holidays Act, 24, 25, and 26December and 1 January are national holidays and days off. The law sets no restrictions to working on holidays – if the working organisation of an undertaking so requires, working schedules can be compiled so as to require employees to work during those days. Here, two aspects must be taken into consideration – remuneration for working hours on national holidays, and the standard for working time.

Although employees working on the basis of total working time may be employed on national holidays, this does not mean that a national holiday does not impact the standard working hours of the employee in that month (or some other calculation period). The number of standard working hours of the corresponding period is reduced by working hours on national holidays. The number of standard working hours of that period is also reduced by shortened working hours on the days directly preceding Christmas Eve and New Year. For example, for a full-time employee with Saturday and Sunday off under their employment contract and to whom a one-month summation period applies, 141 working hours can be put down to theDecember working schedule (21 working days × 8 hours – 24 hours of working time on national holidays – working time shortened by 3 hours onDecember 31).

Even if holidays are working days according to the working schedule, employees must be paid double for hours worked on national holidays. Therefore, those working hours will cost employers more than using employees at some other time, while even payment of double remuneration does not release employers from the obligation to take into consideration reduced standard working hours due to holidays when compiling working schedules. Instead of paying double remuneration for work done on national holidays, employer and employee may agree that the employee will receive additional time off in the same amount as time worked on national holidays.