Corporate and commercial advice constitutes the major part of the firm’s business. Corporate law practice includes full corporate services to all types of companies including advice on regulatory requirements applicable to various types of businesses, business start-up, licensing, corporate governance and restructuring, as well as drafting of corporate documentation, representation at the general meetings and other related services. Our commercial law practice includes full services to all types of businesses on all commercial law matters, including drafting of distributorship, commercial agency, franchise and other commercial agreements.
Areas of expertise
The firm’s lawyers were involved in acquisitions of a number of Lithuanian banks and other financial institutions and have gained considerable experience in this area. The firm acts in a wide range of domestic and cross-border deals such as loan facilities, subordinated loans, secured financing and other types of financial transactions. The expertise covers advice to lenders and borrowers on transaction structure, issuance of legal opinions, drafting and negotiating of full transaction documentation, and, if needed, post-transaction support.
We advise on all legal matters related to securities, including general regulatory requirements of securities’ market, issuance and registration of securities, legal aspects of initial and secondary trading in securities, public and private placements, voluntary and mandatory tender offers, mandatory sales and purchases of shares, reporting on acquisitions and disposals of blocks of securities, periodical announcement of information and disclosure of material events.
M&A constitutes a substantial part of the firm’s practice. Our experience in mergers and acquisitions covers such areas as purchase of shareholdings, businesses, assets and other business property, transfer of employees, rights and obligations, drafting of all transaction documents and advice on post-merger integration of activities of companies after completion of a transaction. Foresta offers services in mergers and acquisitions for purchasers, sellers and financing entities. Our lawyers have substantial experience in conducting legal due diligence investigations of various types of companies. The firm’s usual services related to mergers and acquisitions include advice and representation with regard to filing notifications on concentration with relevant competition authorities for the obtaining of anti-monopoly clearance as well as clearing a transaction with other relevant state supervision authorities. We also act for sellers in assets disposals transactions.
The firm’s expertise in the field of competition is known and recognized. Our lawyers scrutinize every transaction in which we assist our clients from the perspective of its compliance with competition laws. We advise on agreements, concerted practices and decisions prohibited under competition laws and exemptions from the prohibitions, lawfulness of activities conducted by undertakings having a dominant position in the market, activities which might be considered as unfair competition, agreements which are considered as concentration subject to notification to competition authorities for anti-monopoly clearance and other aspects of competition regulation. In particular, our competition lawyers assist in and advise on drafting distribution, franchise, commercial agency, supply, technology transfer as well as other types of agreements which include provisions related to competition and advice on competition matters specific to particular industries. We represent our clients in relationship with the competition authorities as well as at courts.
We provide services for banks, creditors, shareholders, investors, debtors, purchasers and insolvent companies on all legal aspects of contentious insolvency, including debt rescheduling, debt and equity restructuring, agreements with creditors, asset tracing and debt collection and recovery, regulatory issues and investigations, planning, initiating and conduct of formal insolvency procedures.
Foresta provides a wide range of legal services related to securing and protection of various intellectual property rights. We advise on available forms of protection for specific intellectual property, assist in securing registration and provide legal assistance related to implementation and protection of intellectual property rights. Our expertise covers different types of copyright (books and other publications, music works, software, drawings, paintings, sculpture and other literary, scientific and artistic works including derivative works), moral rights, related rights (rights of performers, broadcasters, phonogram producers, producers of audiovisual films) and databases. Equally, we are ready to assist in the field of industrial property: patents, trademarks, industrial design, firm names, commercial secrets and other intellectual property.
We assist in drafting licensing, transfer and other agreements, other documents related to intellectual property, represent in relations with relevant state institutions, represent in legal disputes and provide other legal assistance in this area.
In the field of information technology and telecommunications Foresta acts for domestic and foreign companies including telecommunications companies, software and hardware manufacturers, Internet service providers, purchasers of IT&T services and equipment and other players of this industry. Areas of our services cover drafting of standard IT agreements, agreements on lease of IT equipment and its technical support, consultancy and other services, other documents in the field of IT&T, advice on development, licensing and sales of hardware and software, personal data protection in the area of IT&T, Internet-related advise, including e-commerce, securing domain names and others. Foresta represents its clients before regulatory institutions as well as in disputes with other undertakings operating in the field of IT&T.
We provide extensive legal services to the insurance industry, including re-insurance. Foresta is equally strong and has substantial practice in corporate, regulatory, dispute resolution, insolvency and other advisory work in this field of business. We are well familiar with the industry and its practices and offer our skills and services for insurance companies as well as for corporate and individual purchasers of insurance services. We advise on insurance coverage and policy design, regulatory matters, outsourcing as well as liaison with supervision authorities including obtaining of authorizations for insurance activities.
Our lawyers are experienced in full-range of real estate and construction matters and may offer deep knowledge of this industry for real estate developers, owners and financial investors. Our practice includes formation and structuring of real estate ventures, negotiations and drafting of various contracts for this industry. The practice also covers services related to acquisition, lease, sub-lease, use, division and transfer of land, office buildings (premises) and other commercial property, dwelling houses, apartments and other real estate. We represent our clients before relevant state authorities in obtaining necessary permits for construction and reconstruction of property, registration of property and property rights and contracts with the relevant state registers, as well as assist in territorial planning processes and procedures.
We provide extensive pre-litigation legal services and understand the significant impact that litigation may have on client’s ability to achieve its business objectives. Equally, our litigation lawyers represent companies and individuals in litigation and arbitration proceedings across a broad range of categories such as construction, insurance, privatisation, employment, debt collection, intellectual property to name just a few. The firm is experienced in handling most complex cases, which require high human resources and time expenditure.
Our clients seek most effective and speedy legal settlement of their disputes, and we are aware how important it is to offer clients adequate alternatives to litigation at courts. We have extensive expertise and knowledge in determining when a form of alternative dispute resolution is in the best interest of clients and meets their needs better than traditional litigation. We have substantial experience and training in alternative dispute resolution and routinely advise our clients on legal consequences flowing from particular terms and conditions of alternative dispute resolution options.
We constantly provide services to our clients on various employment law issues, including advice on employee hiring, employment terms and conditions, promotions, employee incentive schemes and stock options plans, discipline, severance, pecuniary and disciplinary liability of employees, safety and health at work, occupational accidents, overtime work, merger-related harmonisation of employment issues, transfer of employees, group dismissals, negotiating and conclusion of collective bargaining agreements, non-competition, confidentiality and other restrictive covenants enforcement, immigration matters (residence and work permits) and other issues.
Foresta offers legal services to all type carriers, logistics providers, charterers, cargo forwarders and brokers related to transportation regulatory compliance, registration of transportation means, transportation related litigation, including freight loss and damage claims, negotiating and drafting contracts related to carriage of cargo and passengers and other transportation related legal issues.
Our practice includes advise related to environmental liability and compliance matters, utilisation of natural resources, land, air, water pollution and its prevention, waste transportation, treatment, storage and disposal, indemnification of loss caused to the environment, as well as counselling, negotiating with governmental agencies, assisting clients in obtaining required permits and representing in court and administrative proceedings.
Our practice covers assistance for individuals in filing assets and income reports, taxation issues arising out of employment and contractual relationship, taxation issues for expatriates. Our services for legal entities start from advice related to the choice of appropriate form of business activities in Lithuania and representation of clients while registering as taxpayers in Lithuania. In case of taxation dispute our lawyers may represent in relevant state tax institutions and courts. We provide with general or individual advice on other taxation issues and render all assistance which may be required, if need be with our partners in the tax consulting industry.
Our colleagues from the Genealogy Department will assist you in solving all the matters related to inheritance both in Lithuania and abroad.
Our key advantage is a staff of qualified, experienced lawyers and genealogists who had gained much of the experience from Iniurcolleguia, an association of lawyers which functioned in Lithuania since 1962 and specialised in the area of the private international law, working for the interest of the clients so that they could receive estates from abroad.
The specialists of this department are highly esteemed by foreign lawyers, Lithuanian legal community and authorities. Our specialists and partners conduct the heir search not only in Lithuania, but also in Ukraine, Belarus, Latvia, Estonia and Russia. We represent and defend our clients’ interests in the probate courts abroad in cooperation with our partners, who are the lawyers of various countries (the United States, Canada, Australia, Germany, Austria, France, etc.) having vast experience in this field.