CEE Legal Matters
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Year 3, Issue 3 CEE June 2016 Legal Matters In-Depth Analysis of the News and Newsmakers That Shape Europe’s Emerging Legal Markets Across the Wire: Deals and Cases in CEE The Media Sector in CEE Market Spotlight: The Balkans CEE Buzz Inside Insights On the Move: New Firms and Practices Serbian and Croatian Round Tables Changes at YukselKarkin Time to Party for bpv Braun Partners Building Blocks of CEE: Dan Matthews Says Good-Bye Experts Review: IP/IT Istanbul, 6-7 October, 2016 2nd Annual CEE General Counsel Summit The 2015 GC Summit brought together over 100 Chief Legal Officers from across CEE for two days of meetings, professional development, networking, and fun, mak- ing it the single largest and most important annual gathering of CEE-based General Counsel. An even greater number are expected in Istanbul for the this year’s Summit. To learn more about how you can be among them, please contact us today. Radu Cotarcea | Managing Editor | [email protected] Preliminary Matters CEE Editorial: What You May Not Know Legal Matters In-Depth Analysis of the News and Newsmakers Surprisingly (to us), pendently as well. That Shape Europe's Emerging Legal Markets Radu and I receive Did you know … that the annual CEE Legal Matters occasional inquiries Corporate Counsel Handbook is based on a survey about the extent to sent out to over 3000 Chief Legal Counsel in CEE which CEE Legal alone, and is then sent in hard copy to each of them Matters reaches an who participates (almost 700 in 2015, and we expect in-house audience, many more this year)? Did you know that the 2016 and whether or not Handbook will contain, for the first time, a Direc- we’ve thought about tory of business law firms in Central and Eastern ways of helping Europe? law firms in CEE get their messages to the Gen- We’re planning more, always. More Round Tables eral Counsel and Heads of Legal who retain them. bringing both Partners and local CLOs together to Ironically, and by contrast, we also receive messages discuss their shared and differing challenges and ob- claiming that while contacting Chief Legal Officers ligations. More events like our annual End of Year (CLOs) is all very nice, many CEE law firms would Summit, including a possible UK/US road show for be more interested in making sure their brands and CEE firms (contact us for more details). New fea- capabilities are put before the English and Ameri- tures in the magazine. A redesigned website. We’re can law firms able to send referral work their way, happy to explain and discuss these new opportuni- and suggesting that we might want to think about ties at any time, if you’re interested. focusing on that. These kindly meant inquiries and The Editors: At the moment, of course, we’re focused on final- suggestions always make us smile. Because the truth David Stuckey izing this issue you now hold in your hands or are is, we already do all of that – and much more. So let [email protected] reading online. And it, like every issue we produce, me provide you with a quick update: does those things you want it to do. So, to continue Radu Cotarcea Did you know … that the CEE Legal Matters web- [email protected] the theme: site registers over 40,000 daily visitors, with large Did you know … we interview multiple Chief Legal percentages coming from the United States and Letters to the Editors: Officers in each issue in our “Inside Insight” feature, United Kingdom? Did you know that banners on the and you can find six such interviews in this issue? If you like what you read in these website average over 1300 click-throughs a month? Did you know … that we list each and every deal ( Did you know that the Knowledge Partnerships and pages or even if you don’t) we we’ve reported on in the previous two months in our really do want to hear from you. Thought Leadership accounts on the CEELM web- Table of Deals, this time on page 6? Please send any comments, crit- site are available at a fraction of the cost of simi- icisms, questions, or ideas to us lar features on other legally-themed sites – most of Did you know … that we’re focusing our Market at: which are far less popular? Spotlight this time on the Balkans, with Round Table conversations in Belgrade and Zagreb, plus Market [email protected] Did you know … that the GC Summit scheduled for October 6-7 in Istanbul will be attended by some Snapshots from Albania and Serbia? 150+ General Counsel and Heads of Legal from Did you know … that the recurring Building Blocks Disclaimer: around Central and Eastern Europe, for two days of CEE feature – which covers those individuals At CEE Legal Matters, we hate boil- (and at least one night) of networking, best practices, and institutions that helped build the legal markets erplate disclaimers in small print as much as you do. But we also recognize and professional development? Did you know that of CEE – focuses this issue on Dan Matthews, the the importance of the “better safe than the GC Summit will be sponsored by Slaughter & long-time head of Baker & McKenzie in Moscow, sorry” principle. So, while we strive for May, Baker & McKenzie, ELIG, Vasil Kisil & Part- Baku, and now Istanbul, as he prepares to retire and accuracy and hope to develop our read- ers’ trust, we nonetheless have to be ab- ners, the Moral Law Firm, and Kolcuoglu Demirkan return to the United States? solutely clear about one thing: Nothing Kocakli? Did you know that only those firms that Did you know … that we interview both the Partners in the CEE Legal Matters magazine or website is meant or should be under- sponsor the event can attend, making it uniquely at bpv Braun Partners in Prague and the newly-re- stood as legal advice of any kind. Read- CLO-focused? named YukselKarkin law firm in Istanbul to learn ers should proceed at their own risk, and any questions about legal assertions, Did you know … that each issue of the CEE Legal about developments of significance at both firms? conclusions, or representations made Matters magazine is read in hard-copy by over 600 Did you know … that Experts Review focuses on in these pages should be directed to the senior in-house counsel across the region, and the person or persons who made them. Intellectual Property, and that our Industry Focus electronic version on the CEE Legal Matters website looks at Media? We believe CEE Legal Matters can is read by many more? Indeed, the online version serve as a useful conduit for legal ex- Come on, be honest. You didn’t know most of that. registers 1000 readers a month (meaning that after perts, and we will continue to look for Really, there’s a lot you may not know about what we ways to exapnd that service. But now, two months it has been read 2000 times, after three later, and for all time: We do not our- do. We hope you’ll drop us a line or give us a call to months 3000 times, and so on). And of course the selves claim to know or understand the find out more, and how you can make CEE Legal law as it is cited in these pages, nor do articles from the magazine are uploaded separate- Matters work more for you. we accept any responsibility for facts as ly onto the website when each subsequent issue is they may be asserted. published, meaning they can be and are read inde- David Stuckey CEE Legal Matters 3 Preliminary Matters Guest Editorial: Anomalies of Justice Czech law faculties are capable of edu- coming an advocate or a notary. cating their students in the letter of the My criticism is also directed at the legis- law, both substantive and procedural. lator, which allows the same courts hear- The Czech legal system of naming judges ing a case in first instance to then hear ensures that the applicants for the posi- an appeal in the same or a closely-related tions of judges indeed come from the law matter. One of our foreign clients suf- school graduates with the best knowledge fered from this tragi-comic situation re- of the law, who have expressed an inter- cently. This is not the appropriate forum est in a career in the judiciary. Thus, the to describe the whole sad story in detail. first element of a good judge has been However, it is the tale of a dishonest law- fulfilled. yer who manipulated the Czech judicial However, how can a young woman or system and, indeed, the Czech judiciary, man, with no real knowledge of the into working in his favor. That case was world and barely any experience except exacerbated by the fact that the Czech their passage through judges’ school, be Code of Civil Procedure was amended in expected to possess the requisite wisdom the course of the legal proceedings. As to apply the law in a manner designed to a result of this amendment, the court, bring about a just result? I am not ad- which had heard the case in first instance, This guest editorial is a critique of the vocating judicial intervention in the leg- when the dishonest lawyer sued his cli- Czech judicial system, which is similar islative process. That is the role of par- ent’s company, became the court of ap- to the judicial systems of most if not all liament.