Marchenko Partners

Partners: Oleh Marchenko, Oleksandr Aleksyeyenko, Roman Shulyar, Artem Nagdalian
Number of partners: 4
Number of lawyers: 12
Languages: English, Ukrainian, Russian

Firm Overview:
Marchenko Partners is an independent law firm based in Ukraine with expertise in the following practices:

• Antitrust & Competition
• Arbitration & ADR
• Banking & Finance
• Corporate and M&A
• Employment
• Intellectual Property
• Litigation
• Public International Law
• Regulatory & Compliance
• Treaty Disputes

Marchenko Partners helps multinational and national Clients to manage and resolve their vital regulatory and commercial issues and disputes, which often involve high stake public policy issues, within the framework and at the crossing of national and international laws and government relations. Practicing law in a highly challenging business and regulatory environment, the team is committed to the rule of law and integrity in all its practices and dealings.

The firm and its team members are recognized among leading Ukrainian law firms and experts by various international legal directories, namely Chambers Europe, IFLR1000, Legal 500 EMEA, Best Lawyers, Who’s Who Legal, World Trademark Review 1000, and others.

Offices:

Address: Ukraine, Kyiv, 4-B Ivan Franko Str., Office 49
Tel: +380 (44) 499 07 11
Email: [email protected]

CONTACT NAME: 

Nataliia Chebysheva, BD&PR Manager
Email: [email protected]

Main Areas of Practice:

Antitrust & Competition:
Marchenko Partners has a full-service competition practice. The firm is a pioneer of state aid complaints in Ukraine and has unrivalled local state aid expertise. The team has long been at the forefront of developments in the Ukrainian competition environment and therefore is perfectly positioned to navigate its Clients through the legal challenges that occur in this constantly evolving area of the law.

Marchenko Partners’ Antitrust & Competition team advises Clients on competition compliance, abuse of dominance, cartels, merger clearance, concerted actions, horizontal and vertical agreements, procurement, state aid and unfair competition.

Its lawyers also advise on various aspects of antitrust litigation including double damages claims.

Key Clients: B.Braun Medical, Carlsberg, DP World, EDANA, Ferring Pharmaceuticals, McDonald’s, NEXT Retail, Nova Poshta.

Contact: Oleksandr Aleksyeyenko, Partner, Head of Antitrust & Competition.
Email:[email protected]

Banking & Finance:
Marchenko Partners’ Banking & Finance team advises on secured and unsecured, term and revolving, bilateral and syndicated credit facilities, restructuring of financial indebtedness, issuance of Eurobonds, private placement of securities, initial public offerings (IPO), currency control regulations, and banking and financial services. The firm supports international and domestic businesses in financial, insurance and reinsurance, media and telecommunications, IT, retail and e-commerce, agriculture, mining and metals sectors.

Key Clients: American Trade and Finance Company, Amsterdam Trade Bank N.V., East-West United Bank, EnergoGroup, US Ex-Im Bank, and Western NIS Enterprise Fund.

Contact: Roman Shulyar, Partner, Head of Banking & Finance.
Email:[email protected]

Dispute Resolution:
Marchenko Partners helps multinational companies to resolve their vital regulatory and commercial disputes at the crossing of national and international laws and regulations, government relations, and public policy considerations.

In Dispute Resolution, they are dedicated to the practice of Public International Law. Specifically, the firm focuses on Arbitration & ADR, Investor-State Disputes and Negotiations, WTO and International Trade Law, Commercial, Regulatory and Tax Litigation.

The team handles more investor-state disputes against Ukraine than any other national or international law firm. They effectively employ investor-state disputes settlement (ISDS) mechanisms under bilateral and multilateral investment treaties to resolve major regulatory and legal issues, including denial of justice cases, which negatively affect the legitimate interests of multinational companies operating in Ukraine.

Marchenko Partners effectively employs ISDS instruments at the early stages of investor-state conflicts to prevent or resolve them amicably. They represent Clients, with outstanding success rate, in regulatory, financial and other disputes, which often involve high stake public policy issues, at the crossing of national and international laws and government relations.

Key Clients: Gilead Sciences, LafargeHolcim, Franklin and Lorraine McMahons, Home Group SA, Philip Morris International, US Ex-Im Bank.

Contact: Oleh Marchenko, Partner, Head of Dispute Resolution.
Email:[email protected]

Employment:
Marchenko Partners provides advice on a range of labor-related issues, including terminations, labor contracts, white-collar matters, staff outsourcing, working hours, stock options, trade unions, etc. They have as well extensively dealt with confidentiality, intellectual property protection and non-compete matters for personnel of various seniority.

The team has thorough experience in labor due diligence assessment with the corresponding elaboration of the compliance policies best suited for the Clients’ business operation models.

Key Clients: British Airways, Ferring Pharmaceuticals, McKinsey and Company, Morgan Furniture, SALIC UK, Vilomix Holdings.

Contact: Oleksandr Aleksyeyenko, Partner, Head of Antitrust & Competition.
Email:[email protected]

Intellectual Property:
Marchenko Partners’ lawyers advise on trademarks, copyright, patents, regulatory data protection and exclusivity, trade secrets and unfair competition.

They historically focus much more on IP transactions and contract work as well as IP-related dispute resolution. The firm is increasingly acting for Clients on IP protection on the web. Although registration of IP objects is not their main focus, from time to time, they are also engaged in complex registration prosecution and strategy.

Key Clients: Carlsberg, EDANA, Ever Neuro Pharma, Games Workshop, Koss, LafargeHolcim, Master & Dynamic, NEXT Retail.

Contact: Oleksandr Aleksyeyenko, Partner, Head of Antitrust & Competition.
Email:[email protected]

M&A & Corporate:
Marchenko Partners’ M&A and Corporate practice concentrates on major sophisticated transactions. They almost do not do day-to-day work. Instead, they are looking for complex and challenging matters, where the firm’s expertise and experience would be of the most use for its Clients.

The team covers all possible aspects of M&A deals including contractual, tax, competition, regulatory, employment, real estate, IP and data protection matters. At the same time, they are convinced that the practice of M&A goes far beyond drafting legal documentation and ensuring compliance with regulatory requirements. Success of any deal hinges on whether the parties reach consensus on all important matters and find win-win solutions to address critical issues and controversies. Marchenko Partners helps its Clients with these things as well because they take it as their goal to successfully close each transaction they are engaged on.

Marchenko Partners’ experience includes working on sell and buy sides, cross-border and domestic deals, joint venture arrangements and strategic mergers, share and asset deals, distressed M&As and complex corporate restructurings.

Key Clients: Ecosoft, EnergoGroup, DP World, LafargeHolcim, Subway.

Contact: Roman Shulyar, Partner, Head of M&A and Corporate.
Email:[email protected]

Regulatory & Compliance:
Marchenko Partners covers a wide range of services concerning regulatory matters and compliance. The firm assists its Clients in understanding and fulfilling regulatory requirements, tracking and reacting to legislative changes, and setting up internal system of policies and procedures as well as product standards aimed to ensure compliance with statutory and corporate stipulations.

Their lawyers possess vast expertise in permits and licenses, product safety and ecological requirements, technical regulations and national standards, and quality specifications and certification. They also advise on anti-bribery rules, conduct limited scope and full-blown compliance audits, give trainings on all sorts of regulatory and compliance matters, and run mock down raids and compliance spot-checks.

Key Clients: B.Braun Medical, DP World, Dragon Capital, EDANA, Energo Group, NBT AS, Nova Poshta.

Contact: Artem Nagdalian, Partner, Head of Regulatory & Compliance.
Email:[email protected]