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The Regulatory Issue ISSUE 04 WWW.GCGRAPEVINE.COM 20014 THE REGULATORY ISSUE NEWS HOW THE UKRAINE CRISIS IS IMPACTING FIRMS IN RUSSIA IN PRACTICE THE BATTLE OVER TOBACCO IN EUROPE FEATURES NEW EU ENERGY REGS ARE CREATING CONFUSION GCGRAPEVINE MagaZine INTERVIEW BRITISH AMERICAN TOBACCO’S EVA NIKOLIC COVER STORY SMOKE SIGNALS GOVERNMENTS AND BUSINESS CONTINUE TO CLASH OVER INCREASING REGULATION GC GRAPEVINE WWW.GCGRAPEVINE.COM 3 Contents IN THE NEWS 6 Firms fret over Ukraine crisis By Kevin Livingston, Editor-in-Chief, GC Grapevine Magazine 12 Google responds to EU COVER STORY Court of Justice Ruling on LOCAL FOCUS ‘the right to be forgotten’ 21 The future of cigarettes in Europe Baker & Mckenzie client alert By Ana-Maria Baciu, NNDKP, and Andreea Bende, Senior IP Counsel 16 The most important TV GLOBAL REACH case of the 21st Century IN PRACTICE could tip the industry on its head From start-ups to multi-nationals, we help businesses achieve 23 How a Tobacco lawyer handles a By Kevin Livingston, Editor-in-Chief, success at regional, national and international levels. barrage of EU regs to steer a business GC Grapevine Magazine 18 News roundup An interview with Eva Nikolic Head of Legal at By GC Grapevine staff We do business where you do business British American Tobacco DLA Piper is a global law rm with 4,200 lawyers located in more than 30 countries ON THE MOVE throughout the Americas, Asia Pacic, Europe and the Middle East, positioning it to 28 New EU energy guidelines create confusion for 38 Round-up of lateral moves renewables industry and appointments help companies with their legal needs anywhere in the world. By GC Grapevine staff By Julia Foresman, GC Grapevine Magazine MERGERS 32 Offshore firms adapt to a changing world 44 Squire Sanders and Patton Boggs tie the knot By Julia Foresman, GC Grapevine Magazine By Kevin Livingston, Editor-in-Chief, GC Grapevine Magazine 36 Data privacy in Turkey: A fundamental right www.dlapiper.com BIG DEALS without legal protection 46 Roundup of the top DLA Piper is a global law rm operating through various separate and distinct legal entities. By Hakki Can Yildiz is a senior associate at Esin Attorney Partnership transactions Further details of these entities can be found at www.dlapiper.com By GC Grapevine staff Copyright © 2014 DLA Piper. All rights reserved. | FEB14 | 2714114 GC GRAPEVINE WWW.GCGRAPEVINE.COM 5 Editor’s note Firms fret over Ukraine crisis 6 By Kevin Livingston, Editor-in-Chief, GC Grapevine Magazine Regulatory issues are always tricky busi- In the Google responds to EU Court of Justice 12 ness as governments and industry collide in Ruling on ‘the right to be forgotten’ Contact us the marketplace. Baker & Mckenzie client alert Kevin Livingston For those industries under the ever-larger Editor-in-Chief regulatory microscope, operational transpar- The most important TV case of the 16 Mobile +36 20 382 1511 ency is a must and compliance controls must news 21st Century could Email [email protected] be consolidated and harmonized so when the laws do change tip the industry on its head Orsolya Endrefi business can adapt. This requires that legal teams be ahead of the curve and ready By Kevin Livingston, Managing Director for the GCG Editor-in-Chief, to make quick adjustments. Mobile +36 20 916 2252 GC Grapevine We set out to focus on industries that are often the biggest Email [email protected] Magazine targets. Tobacco easily stands out given that the industry is a Rebecca Pickering constant target of lawmakers around the world, unlike other News roundup 18 Editorial Associate industries such as alcohol that are largely left alone. By GC Grapevine staff Office +36 18 828 705 Not only is the tobacco industry on the ropes with worldwide Email [email protected] declining sales, but it is under constant attack from govern- Caroline Wren ments regarding what it can and cannot sell and how it must package its products. This requires constantly adjusting both Art Director; designer corporate strategy and operations, as you will hear from British Email [email protected] American Tobacco legal head Eva Nikolic inside. www.behance.net/CarolineWren Another area facing regulation revolves around data retention Many thanks to our contributors laws that ask data owners and other service providers to retain Hakki Can Yildiz (Esin Attorney Partnership), extensive records of user activity beyond the time necessary for Jacques Isabelle (Wolf Theiss), Eva Nikolic normal business operations. (Briitish American Tobacco), Marian Dinu Such requirements have been called into question by both (DLA Piper), Mann Vergan (Harneys), Pavlos privacy rights advocates and, as Google recently discovered, the Aristodemou (Aristodemou Loizides Yiolitis), EU. Brian Zimble (Morgan Lewis & Bockius), Elena In Turkey, however, promised privacy and personal and data Esakova (Legalis Global), Barbara Novosel (Zurich protection have been slow to develop. Despite years of promises, Insurance), Be Allgrove (Baker & McKenzie, the Turkish Parliament has not yet passed a general data pro- Ian Walden (Baker & McKenzie), Anna-Maria tection law in which the rules and principles are clearly defined. Baciu (NNDKP), Andreea Bende (NNDKP), Piotr Consistency with privacy regulations involves, in particular, Dynowski (Bird & Bird) adopting a law on the protection of personal data as well as establishing an independent supervisory authority, despite EU Subscribe prompting. Subscribe to GC Grapevine Magazine by Another area we looked at is the energy sector, which is also registering at www.gcgrapevine.com facing new guidelines that address public support of renewable Advertise energy projects. The guidelines aim to assimilate the renewable If you would like to advertise with, or contribute energy sector into the market fold. However, the ramifications to, GC Grapevine Magazine, please contact Kevin have left some European lawmakers and lawyers scratching Livingston at [email protected] their heads. We hope you enjoy this issue and we look forward to hearing Follow us from you. LinkedIn In-House Legal - Powered by "The GC Grapevine" Sincerely, Twitter GC_Grapevine www.gcgrapevine.com Kevin Livingston Editor-in-Chief Coming up GC Grapevine Magazine May Labor & Employment June Financial Services July/August Shipping and Transportation September Litigation, Arbitration, PHOTO BY ALEX RYABCHYN Dispute Resolution Church of Holy Epiphany in October Energy Karlivka, Donestk Oblast, May 23, 2014, with shells on the November Hotels & Hospitality road from fighting between December Luxury Brands/Goods Ukrainian forces and pro- Russian separatists. GC GRAPEVINE WWW.GCGRAPEVINE.COM 7 NEWS UKRAINE aw firms and other busi- nesses around the globe are L voicing growing concern over the Russia-Ukraine crisis. In the short term, however, EU and Firms U.S. sanctions are also creating work for lawyers on the ground. Although foreign firms have ex- pressed trepidation about Russia’s actions in the region, many fear- fret ing it is destabilizing a large part of the economy at a time when there is still a hangover from the global financial crisis, some Mos- cow-based lawyers say it is busi- ness as usual for the most part. over Still, with the annexation of Crimea and fighting in East Ukraine, firms in Europe and the United States are largely adopting a wait-and-see approach. But if Ukraine the crisis drags on, even the more optimistic lawyers say it won’t be good. At the same time many firms are holding of on hiring until there is a clearer picture of how things crisis will shake out. Some lawyers and GCs who do business in Russia have reported an exodus of Western business Despite some easing of people. Some legal consultants tensions, foreign firms have mentioned a freeze on activ- ity. For many it is about perspec- doing business in Russia are tive, with the more veteran West- ern lawyers showing less concern still doing deals, but have than those more new to Moscow. In the United States, the situa- stopped recruiting tion has revived questions about the safety of investments in Rus- PHOTO BY MSTYSlaV CHERNOV/ UNFRAME A protester wearing breathing gas mask. Clashes between PHOTO BY U.S. STATE DEpaRTMENT WWW.KREMLIN.RU protesters and interior troops U.S. Secretary of State John Kerry looks at the photos of those killed Vladimir Putin answers journalists’ questions on the situation in Ukraine, persist. Euromaidan Protests, at Maidan, at the Verkhovna Rada in Kyiv, Ukraine, March 4, 2014. 6 March 4, 2014 Jan 20, 2014. GC GRAPEVINE WWW.GCGRAPEVINE.COM 9 Amakuha/WIKI We are relatively busy. The more During the ongoing Euromaidan experienced [Western lawyers] are protest campaigns, the Budynok Profspilok (Trade taking this in stride.” . Unions Building) was occupied BRian ZIMBLER by protesters and turned into Morgan Lewis, Moscow their main center housing political headquarters. The building burnt down overnight during clashes, Feb. 18–19, 2014. MSTYSlaV CHERNOV/ UNFRAME Dynamivska str barricades on fire, Euromaidan Protests, Jan 19, 2014. MSTYSlaV CHERNOV/ UNFRAME Barricade line separating interior troops and protesters. Clashes in Kyiv, Ukraine, Febr. 18, 2014. MSTYSlaV CHERNOV/ UNFRAME Ukrainian Red Cross Society volunteers administering emergence to the wounded protester, Euromaidan Protests., Jan 19, 2014. increasing the amount of legal work Legal consultant Elena Esakova of because lawyers are needed to advise Legalis Global said the market hasn’t clients on what the sanctions mean. frozen in one position waiting for the “It is generating more work for us,” he crisis to end. “No, of course the deals are MSTYSlaV CHERNOV/ UNFRAME said. For example, Zimbler said, even if being closed, investors are taking risks, Maked protester seen during clashes in Kyiv, Ukraine, Febr. 18, 2014. sanctions are targeted at an individual, foreign firm actively advise on different if that individual owns a company, the matters,” she said sia, and some companies have put projects business is now affected.
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