JUDICIAL PROCEEDINGS (LITIGATION)

The Litigation Practice Group of NORDIA BAUBLYS & Partners is recognised as being one of the most professional ones. It has invaluable experience in the sphere of litigation starting from the analysis of specific situations, the identification of problems, and finishing with the representation in courts or in arbitration. Our highly professional lawyers advise and represent in pre-trial disputes, in courts, arbitration or during the enforcement procedures. Our team is composed of lawyers with various specializations; therefore we can help settle all types of disputes in civil, administrative and criminal matters. Many years of experience in representing our clients in courts of all instances helps us in choosing the best and most efficient strategy and tactics, preparing highly professional procedural documents, making comprehensive and constructive legal analyses and findings, i.e. doing everything necessary in order to achieve the successful outcome of the proceedings and ensure the protection of the clients’ interests.

CRIMINAL LAW

NORDIA BAUBLYS & Partners provides legal services in criminal proceedings related with economic and financial crimes. A team of highly professional lawyers working in the Criminal Law Subgroup of NORDIA BAUBLYS & Partners ensure legal defence throughout all stages of criminal proceedings: consultations and representation in the course of the pre-trial investigation, preparation of procedural documents, collection of evidence, representation in courts of all instances, and performance of any other necessary legal acts. The members of the team have experience in representing natural persons and legal entities, when they have been recognised as the suspected persons, the accused persons or the victims. This guarantees our deep knowledge of the subtleties of the substantive law and the procedural criminal law and ensures the exceptionally advantageous position of our company in defending the rights and lawful interests of our clients. The professionals of the Criminal Law Subgroup of NORDIA BAUBLYS & Partners are especially valued for their professional work in defending legal entities and their managers regarding the alleged corporate criminal offences in while collar cases.

ARBITRATION

The Arbitration Practice Subgroup of NORDIA BAUBLYS & Partners is composed of top level professionals, who have considerable experience in resolving national and international commercial disputes in arbitration bodies (Vilnius Commercial Arbitration and in the Court of Arbitration of the International Chamber of Commerce, Arbitration Institute of the Stockholm Chamber of Commerce, etc.). The members of this subgroup are experienced arbitrators, who are included in the universally recognised official lists of arbitrators, thus we can ensure that our clients shall be advised by especially experienced lawyers. We provide extensive consultations and professional representation during the arbitration proceedings conducted both in Lithuania and abroad. We provide the services of recognition and enforcement or international arbitral awards and prepare arbitration agreements and reservations. Our specialists always try to make the positions of the parties to the proceedings as close as possible and help solve the disputes by taking into account the essential points of both parties.

CORPORATE LAW

The Corporate Practice Group of NORDIA BAUBLYS & Partners is composed of highly qualified and experienced lawyers who have deep knowledge of corporate law and successfully apply it in practice. This ensures that clients receive the best services and successfully implement their goals. We help in solving the existing problems and are capable of forecasting any problems that may emerge in the future. As a result of this, we can find the best solutions under any circumstances by either suggesting a strategy of preventing any possible problems or by showing a specific solution to overcome them in order to implement the strategy. 

In most cases we constantly advise our clients on various aspects of corporate law and guide them along all stages of their development starting from the establishment of the company. We observe and advise on the adoption of decisions, which could ensure their successful and systematic development.

The Corporate Practice Group of NORDIA BAUBLYS & Partners maintains close cooperation with other Groups of NORDIA BAUBLYS & Partners, especially those who work in the areas of tax law and labour law.  

The specialists of the Corporate Law Practice Group of NORDIA BAUBLYS & Partners have deep knowledge of the specific character of commercial relations and an extensive legal experience in this area. As a result of this, our clients can face and successfully respond to business challenges and take advantage of the possibility to expand their activities. During any stage of enterprise development, the lawyers of NORDIA BAUBLYS & Partners maintain close cooperation with their owners, managers and shareholders and assist them in the adoption of significant decisions and ensure the successful continuity of their business. 

The professionals of the Corporate Law Practice Group of NORDIA BAUBLYS & Partners are not only just practicing lawyers. They take an active part in the legislative procedure and contribute to the development and drafting of various legal acts in the area of Corporate Law.

The lawyers of NORDIA BAUBLYS & Partners are ready to provide the following services:

• prepare all commercial contracts and administer them;
• advise on the issues of mergers and the acquisition (M&A) of companies;
• advise on the liability of shareholders and members of management bodies;
• advise on the formation of companies and other legal entities;
• advise on the increase and reduction of capital;
• provide assistance during the restructuring of companies and other legal entities;
• assist in choosing and reforming the management structure of companies and groups of companies;
• assess the structure of companies on the basis of the tax aspects;
• advise on the issues of holding shareholder meetings and meetings of other management bodies, appointment and removal of their members;
• advise on the shareholder rights and their implementation;
• prepare rules of procedure for the management bodies;
• assist in the investigation of the activities of legal entities;
• advise on the issue of securities, official offers, mandatory sale or acquisition of shares and on other issues related with the securities market;
• provide representation services during the disputes of shareholders or disputes between the shareholders and the management bodies in negotiations, or in courts and advise on such issues;
• provide assistance during the implementation of liquidation and bankruptcy procedures.

INSURANCE LAW

NORDIA BAUBLYS & Partners advise their clients from Lithuania and abroad on all aspects of insurance law. Our qualified and competent team of advocates has gained valuable experience in advising their clients on the issues of insurance and reinsurance, in representing them during pre-trial negotiations and in judicial proceedings regarding the payment of insurance premiums, the validity of the refusal to pay them, or during disputes between the insured and the third persons in preparing legal opinions and providing all kinds of legal assistance.

TAX LAW

NORDIA BAUBLYS & Partners consult on all tax related issues. Our lawyers have considerable experience in helping natural persons and legal entities respond to tax related challenges. NORDIA BAUBLYS & Partners specialists of the Tax Law Practice Group have gained invaluable experience while representing Lithuanian and foreign clients at the State Tax Inspectorate, Commission on Tax Disputes, in courts, other authorities and institutions, including consulting on issues of tax planning and optimizing. NORDIA BAUBLYS & Partners is one of the leading companies in this area.

FINANCE LAW

Thanks to their experience in and insight of the financial sector, the lawyers of NORDIA BAUBLYS & Partners help their clients find the best solutions while dealing with legal issues in the areas of banking, insurance, securities and other finances. Our lawyers act as intermediaries during the negotiations, represent the clients in disputes, and provide other top quality consultations on financial issues. 

The professionals of the Financial Law Practice Group of NORDIA BAUBLYS & Partners assist holders of credits and creditors in restructuring their obligations, investment and loan portfolios. 

The lawyers of the Financial Law Practice Group of NORDIA BAUBLYS & Partners provide advice on financial issues, represent state enterprises, authorities, international financial companies during the distribution of bonds on the international capital markets, consult on the application of derivatives, and choose the best forms and methods of raising funds in the Lithuanian and international capital markets. The professionals of the Financial Law Practice Group of NORDIA BAUBLYS & Partners are appreciated for their top quality assistance provided to international banks during the distribution of bonds of the Republic of Lithuania.

INTELLECTUAL PROPERTY AND INFORMATION TECHNOLOGIES 

The qualified members of the Intellectual Property and Information Technologies Practice Group of NORDIA BAUBLYS & Partners provide legal consultations on the various aspects of intellectual property: trademarks, registration of licenses and sublicenses, copyright protection; represent the clients in the process of conclusion of franchise agreements, during judicial and extra-judicial disputes related with intellectual property and advise on patents. The lawyers of the Intellectual Property and Information Technologies Practice Group of NORDIA BAUBLYS & Partners also represent Lithuanian and foreign legal entities operating in the area of pharmacy law and are highly valued for their expertise and knowledge. 

The lawyers of NORDIA BAUBLYS & Partners have gained a wide experience in resolving disputes on the provision and regulation of information technology. We settle competition disputes arising as a result of the improper use or insufficient legal regulation of information technologies or due to crimes committed with the help of information technologies or telecommunication means. We also provide legal consultations on other issues related with information technologies and telecommunications.

REAL ESTATE LAW 

Members of the highly qualified Real Estate Practice Group of NORDIA BAUBLYS & Partners advise clients, represent their interests and prepare documents in connection with all aspects of real estate law: financing, implementation and development of real estate projects, joint activities, territory planning, supervision of the design and construction process, real estate acquisition and sale, lease, administration, mediation, etc. Our clients, which are Lithuanian construction and real estate enterprises, are provided with a set of legal services. The Real Estate Practice Group of NORDIA BAUBLYS & Partners provides its services to Lithuanian and foreign investors, enterprises involved in the development of the real estate sector, construction companies, real estate intermediaries and advisors, designers, construction management and other companies.

BANKRUPTCY AND RESTRUCTURING

The lawyers of NORDIA BAUBLYS & Partners provide legal services on all company bankruptcy, restructuring and liquidation issues. We have gained a wide experience in working with Lithuanian and foreign partners, including one of the largest enterprises in Lithuania and Eastern Europe, which are in the process of liquidation or restructuring. We provide legal assistance for the restructuring of companies and other legal entities, selecting and transforming the management structure of companies or group companies, examining the activities of legal persons, initiating and conducting bankruptcy or restructuring procedures, preparing relevant documents, etc. The Bankruptcy and Restructuring Work Group of NORDIA BAUBLYS & Partners is not afraid of challenges and is capable of overcoming even the most complicated and difficult requests of the client. Our clients are creditors, debtors, and companies undergoing restructuring and facing insolvency problems, which trust and rely on the experience and expertise of our team of professionals. The lawyers of the Bankruptcy and Restructuring Practice Group of NORDIA BAUBLYS & Partners have deep knowledge and profound expertise in working with various entities and in solving problems concerning their solvency.

LABOUR LAW

NORDIA BAUBLYS & Partners consults on all issues of labour law arising out of the mandatory provisions of laws, employment and collective agreements. A qualified and competent Practice Group is ready to provide efficient legal assistance, represent both employees and employers and consult on the following issues: employment, conclusion, modification and termination of employment contracts, time to work and time to rest, payment for the work, labour security, labour disputes, control of compliance with the laws and immigration of employees. 

The professionals of the NORDIA BAUBLYS & Partners Corporate Law Practice Group continuously consult Lithuanian and foreign clients regarding the transfer or dismissal of the employees, payment of compensations and on other issues arising as a result of mergers and acquisitions (M&A).

Partner Evaldas Rapolas and associate lawyer Kęstutis Baranauskas successfully represented client interests in the Court of Appeal of Lithuania. The case involved the dispute between the general manager (Client) and the company shareholders. The company shareholders requested the client to compensate the damages that he has done to the company. The Court of Appeal of Lithuania agreed with Nordia Baublys & Partners arguments which were noted in the claim and other litigation process documents and set aside the first instance decision which stated that more than 1,5 million litas has to be covered from the client and other related persons. The Court also decided to return the case back to the first instance for a new case examination.

On 26 April 2012 Partner Kęstutis Švirinas and Lawyer Jonas Sakalauskas successfully represented the interests of AB “Lietuvos geležinkeliai” in the oral court hearing at the Court of Justice of the European Union (Luxemburg), in the case on prejudicial judgment passing in relation to application of value-added tax concessions for railway transport.

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Attorney at law Marius Liatukas successfully represented a client in the defence against the action for claims due to the conclusion of a real estate sale and purchase agreement. The court of first instance dismissed the plaintiff’s action against the client.

Attorney at law Marius Liatukas successfully represented a client in the Supreme Administrative Court of Lithuania in the case against the State Tax Inspectorate (the appellant). The Court dismissed the complaint by the State Tax Inspectorate and left the judgment of the court of first instance stating the validity of the arguments of client.

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Partners Kęstutis Švirinas attended "the 15th Annual International Arbitration Day" conference, organised by the International Bar Association (IBA) in Stokholm (Sweden) on 8-9 March.

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Attorney at law Marius Liatukas successfully represented a client in the case before Vilnius District Court in the defence against the action to void a sale and purchase contract brought by the assignee in bankruptcy. The Court dismissed the action by the assignee in bankruptcy and ruled the agreement concluded by the client as valid.

Giedre Kazlauskaite, associate lawyer at the Professional Partnership of Advocates NORDIA BAUBLYS & Partners, successfully represented client interests in the Commission on Tax Disputes under the Government of the Republic of Lithuania. It is important to notice that the client belongs to one of the largest Norwegian companies group which is leading in supplying raw materials for pastry cooking and bread baking industry in the Nordic, Eastern and Central Europe countries. The Commission on Tax Disputes fully satisfied Clients complaint and set aside the decisions made by customs department and territorial customs office.

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Law partner Kęstutis Švirinas successfully represented his client’s interests at the Klaipėda Regional Court regarding the adjudication of a paid advance payment and its interest (600,000 LTL in total) from the Palanga Town Municipality. The Klaipėda Regional Court fully satisfied the client’s application.

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Kęstutis Švirinas also successfully represented one of the largest engineering network companies in Lithuania in criminal proceedings. The company was indicted for crimes against the tax system. The criminal proceedings, during which the case was heard twice at the Lithuanian Court of Appeal and the Supreme Court of Lithuania, lasted for eight years. According to the application of Kęstutis Švirinas, the Lithuanian Court of Appeal referred to the Constitutional Court of Lithuania regarding the constitutionality of norms regulating the application of criminal liability to legal entities. In the spring of 2011, the Lithuanian Court of Appeal fully acquitted the company and on 14 February 2012, the Supreme Court of Lithuania discontinued the cassation proceedings, thus leaving in effect the exculpatory judgment.

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Lawyer Marius Liatukas successfully represented a Client at the Vilnius Regional Administrative Court in a case against the State Gaming Control Commission. The court avoided the decision of the State Gaming Control Commission.

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Marius Liatukas also successfully represented a Client against one of the largest Lithuanian associations at the Vilnius City 2^nd District Court. The court satisfied the requirement of the Client’s application and obliged the association to provide information on the association’s activity to the member of this association, a Client of NORDIA BAUBLYS & Partners.

Attorney at law Albertas Šekštelo represented an employee of one of the leading transport and logistics company in Lithuania in the dispute regarding the violation of alleged environmental requirements in relation to battery and accumulator accounting and handling (the employee was fined a 7,500 LTL penalty). Vilnius District Court satisfied in full the Client’s complaint and voided the decision by Vilnius Region Environmental Protection Department under the Ministry of Environment, and closed the case due the absence of substantial fact.

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Attorney at law Marius Liatukas successfully represented a client in the Supreme Administrative Court of Lithuania in the case against the DNB bank regarding the acquisition of index-linked bonds by the Client with borrowed capital. The Supreme Administrative Court of Lithuania satisfied the Client‘s claim and reopened the case against the DNB bank.

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On December 12th, 2011 attorney at law Marius Liatukas successfully represented a client in the case brought before Vilnius District Court where the Court admitted the Client‘s action against the respondent, the DNB bank. The Court satisfied the Client‘s action and voided agreements whereby the Bank, in violation of the law, granted a loan to the Client subject to the mortgage of Client’s property to acquire index-linked bonds issued by the Bank itself.

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On December 2, 2011 Kaunas Chamber of Commerce, Industry and Craft’s celebrated its 20th restoration anniversary.  The initiators, founders of this Chamber and the most worthy members of the community were honored during this event. NORDIA Baublys & Partners law firm has been awarded with a diploma for a significant contribution to this community.

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Attorney at law Albertas Šekštelo was attending the Queen Mary University of London Graduation Ceremony which took place on 7/12/2011 in Central Hall Westminster, London. He was awarded Postgraduate Diploma (PGDip) in the International  Commercial Arbitration studies (with Distinction).

NORDIA BAUBLYS & Partners attoreny-at-law Marius Endzinas and associate lawyer Giedrė Kazlauskaitė successfully used the right to question a witness not during the court hearing. This right was enacted from the 1^st of November in 2011 in recently updated Lithuanian Civil procedure code. Witness testimony was successfully legalized and approved by the Lithuanian notary, and presented to the High Court of Justice and to Queen’s Bench division in the United Kingdom.

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This year, on the 25th of November in Moscow, partner Evaldas Rapolas participated in the International Bar Association (IBA) conference "Law Firm Management", and together with the colleagues from foreign countries discussed the subject: "HR:New Battles in the War for Talent."

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A Professional Partnership of Advocates, NORDIA BAUBLYS & Partners, together with the Lawyer, Albertas Šekštelo, has successfully represented a client at the Supreme Court of Lithuania. The latter, upon acknowledging violations of substantiation and evaluation of evidentiary material, successfully rescinded the judgment of the appeal instance court and transferred the case for a new hearing to the Klaipėda Regional Court. The case is related to alleged damages, caused due to the direction of wastewater from a village and reclaimed territories to the wastewater treatment system.

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Our lawyer, Marius Liatukas, has successfully represented a client at the Vilnius Regional Administrative Court in a dispute with the State Tax Inspectorate regarding value-added tax. After a repeated hearing, the Court ignored the complaint of the State Tax Inspectorate and left in effect, the decision of the Commission on Tax Disputes favourable to the Client.

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On 15 November 2011, PPA NORDIA BAULBYS & Partners, together with the lawyers Albertas Šekštelo and Kęstutis Švirinas, participated in the “Day of Arbitration 2011” conference  held in Lithuania for the first time. The conference was organised by the Vilnius Commercial Arbitration Court in cooperation with the Ministry of Justice of the Republic of Lithuania and the Lithuanian Business Confederation (ICC Lithuania). In analysing the relevant subject – the relation of courts and arbitration in settling commercial disputes, the lawyer, Albertas Šekštelo, gave a discourse on the application of provisional protection measures, whereas the lawyer, Kęstutis Švirinas, who also was the moderator of one of the parts of the conference, gave a presentation on the subject of “Foreign States’ Court Practices in Cases on the Acknowledgement and Permission to Execute Arbitration Judgments”.

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The lawyer, Marius Liatukas, won the case, representing the interests of NORDIA BAUBLYS & Partners’ client. The merit of the case – a Japanese company, referring to the patent, applied at the Vilnius Regional Court, asking to forbid NORDIA BAUBLYS & Partners’ client to import and sell wire reels used in the construction industry. The Vilnius Regional Court ignored the application of the Japanese company against the firm’s client, acknowledging that the firm’s client had carried out an economic activity in a lawful way, and without violation of the patent. The Court also ignored the request of the Japanese company on an adjudication of damage.

The Partner Kęstutis Švirinas was a member of the business delegation, which accompanied the President of the Republic of Lithuania Dalia Grybauskaitė during her visit to Astana (Kazakhstan), which took place on 5-7 October this year. He had meetings with the lawyers from Kazakhstan at the law offices of GRATA and CURTIS.

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The Managing Partner Ligita Ramanauskaitė attended the Conference organized by the International Bar Association (IBA) in Moscow (Russia) on 5-7 October this year. Among other issues, the Conference addressed the issues of business structures with foreign elements and the legal aspects of holding companies in foreign jurisdictions.

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The partner Kęstutis Švirinas and the lawyer Marius Liatukas successfully represented the client at the Supreme Administrative Court of Lithuania in the administrative case regarding acknowledgement of reconstruction and demolition works of the rest centre “Eglė” as illegal. The passed resolution of the Supreme Administrative Court finally confirmed the illegality of the reconstruction and carried out demolition works of the buildings of the said rest centre “Eglė”.

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The firm partner Kęstutis Švirinas and the lawyer Marius Liatukas successfully carried out the defence of the clients in the criminal case at Palanga town District Court, as a result of which the clients were fully acquitted of the accusations made by the prosecutor, of fraud with the aim to receive from the state the increased maternity allowance.

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The partner Kęstutis Švirinas successfully represented at Vilnius Regional Court one of the largest Lithuanian transport companies in the civil dispute regarding breach of the client’s right to fair competition and compensation of damage, as a result of which the Court judgment was passed, under which the client’s right to compensation of damage amounting to 380 000 LTL was stated.

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On October 19^th the lawyer Jovita Valatkaitė participated in the news broadcast of Lithuanian Radio the Age of Knowledge, where she shared her insights on liability of employees and employers, when the objects of intellectual property are illegally used in workplace. The lawyer not only reviewed the circumstances, on which it depends which of the subjects of legal employment relationships – employee or employer – is liable for the use of intellectual property objects, but also gave advice on how to not find oneself in a situation, where such liability may be applied.

Partner Evaldas Rapolas was included into organisational committee of the International Bar Organisation (IBA) Conference "Law Firm Management" held on the 25-26 of November, 2011. (http://iba.legalstudies.ru/en/orgcom-en.htm)

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NORDIA BAUBLYS & Partners Lawyer Albertas Šekštelo successfully represented the Client, who was the third person in the civil case on adjudication of fee to the contractor, heard in the first instance by Klaipėda Regional Court. The case was related to the complex issue of the fact regarding distribution of responsibility for occurrence of defects of dredging one of quays of Klaipėda Seaport, in regard to which the Client was involved in the case, suspecting his complicity to defects. The Court denied such presumptions and adjudged to the Client from the respondent over 10 thousand LTL of the litigation expenses incurred by the Client.

August

NORDIA BAUBLYS & Partners attorneys participated in the annual board meeting of NORDIA law offices. This year the meeting was hosted by NORDIA Oslo office. Together with partners from Sweden, Norway and Denmark the topicalities of the activity of the attorneys were discussed, along with joint projects and matters in various areas of law.

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Kaunas “Žalgiris“ arena was ceremonially opened on the 18^th of August 2011 after three years of construction. NORDIA BAUBLYS & Partners represented Kaunas city municipality administration and from the very beginning participated in the project by preparing the contracts, representing the Client in litigation regarding the contract and the price of construction (beneficial result was achieved thus saving approximately 14 million Litas for the city budget). On behalf of the Client NORDIA BAUBLYS & Partners has also executed the supervision of all agreements, solved important financial issues and participated in negotiation of the concession treaty. It was achieved that at least 75 events are going to be organized a year in the arena as well as the right to reduce concession fee if that requirement is not met.

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On 17 August 2011, the Attorneys-at-law, Associate Lawyers and Lawyers of the Partnership attended a lecture “Amendments and Novelties of the Code of Civil Procedure of the Republic of Lithuania effective since 1 October 2011”, which was delivered by Prof. Dr. Habil.V. Nekrošius, Dean of the Faculty of Law of the Vilnius University.

July

The Professional Partnership of Advocates NORDIA BAUBLYS & Partners signed a Cooperation Agreement with the Vytautas Magnus University. Under the said Agreement the Professional Partnership of Advocates undertook to provide a possibility for the students of the Vytautas Magnus University Faculty of Law to take their practical training at the Partnership and to familiarize themselves with the activities and specificity of work of the Partnership. The Partnership also undertook to provide funding for nominal scholarships, scientific events arranged by the Faculty of Law of the Vytautas Magnus University, for the acquisition of legal reference books and for the promotion, delivery and development of the studies. 

June

Evaldas Dūdonis, Attorney-at-law of NORDIA BAUBLYS & Partners, successfully represented the interests of his Client (a natural person) during the negotiations with the representatives of the Lithuanian subdivision of an International corporation regarding the termination of the employment contract by mutual agreement of the parties. The successful outcome of the negotiations resulted in the termination of the employment contract by mutual agreement of the parties and payment of the severance pay in the amount of 12 average monthly salaries in favor of the Client (the amount of compensation exceeding 150 000 Litas).

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Marius Endzinas, Attorney-at-law of NORDIA BAUBLYS & Partners, commenced and successfully completed the representation of his Client, who is a natural person, in the civil proceedings regarding the adjudication of the loan. The Supreme Court of Lithuania finally completed the proceedings, where the case had been previously tried twice by the court of the first instance and twice by the court of the appellate procedure. The Supreme Court upheld the consistent orders passed by all previous courts in favor of the Client of NORDIA BAUBLYS & Partners, and ordered the opponent to pay more than 76 thousand Litas of the loan, interest and additional costs.

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A team of lawyers, headed by  Evaldas Dūdonis, Attorney-at-law of NORDIA BAUBLYS & Partners, represented the investor "Servolian Investments" in the process of acquisition of UAB “Aurela”, including the performance of a simplified legal audit of UAB “Aurela“ , also drafted and coordinated the documents of the transaction.

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Evaldas Dūdonis, Attorney-at-law of NORDIA BAUBLYS & Partners, represented the Client’s interests in the proceedings examined in accordance with the Vilnius Commercial Arbitration Rules of Arbitral Procedure  regarding the amendment and partial invalidation of the provisions of a Syndicated Crediting Agreement  under which the Contracting Partners of the Client had been granted a loan in the amount of over 10 million Euros. The outcome of the successful representation by NORDIA BAUBLYS & Partners was a mutual agreement between the parties to the dispute and an amicable completion of the proceedings.

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After the successful representation by the Attorneys-at-law Kęstutis Švirinas and Jonas Sakalauskas and the lawyer Arnas Bareika from NORDIA BAUBLYS & Partners of one of the largest Lithuanian transport companies regarding the revocation of tax arrears and the related fines (with the amount of the dispute comprising approximately  28 million LTL), the Tax Disputes Commission satisfied a request of the Attorneys-at-law to apply to the European Court of Justice and claim delivery of the preliminary decision by clarifying certain provisions of the European Union legislation. The abovementioned Attorneys-at-law are currently involved in the arrangement of the client’s interests at the European Court of Justice.

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Attorney-at-law Marius Liatukas represented the Client during the appeal against the Decision of the Kaunas Territorial Customs regarding the payment of the additional amount of the import VAT on the grounds of the improperly indicated customs value of the imported goods. The Customs Department under the Ministry of Finance of the Republic of Lithuania satisfied the Client’s appeal and revoked the additional amount of the import VAT that had been calculated groundlessly.

May

A group of lawyers headed by Ligita Ramanauskaitė, Managing Partner of NORDIA BAUBLYS & Partners, has successfully completed the legal disputes between the shareholders of the company engaged in the sector of energy, which lasted for almost a year. The disputes were related with the assessment of the company’s activities and the grounds for the acquisition of the company’s shares. The complicated legal situated was solved by concluding a multiple settlement agreement and the parties to the dispute retained amicable relations.

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Attorney-at-law Marius Endzinas successfully represented a large provider of public catering services – in the civil case regarding the results of the public procurement procedure examined by the Lithuanian Court of Appeals. The Court of Appeals revoked the Order passed by the Vilnius Regional Court, which was unfavorable to the Client of NORDIA BAUBLYS & Partners, and stated that the public procurement procedures were performed without any violations of the laws and the Client, who had offered the lowest price, was reasonably announced the winner of the public procurement procedure. Besides, the Lithuanian Court of Appeals ordered payment by the opponent in favor of the state of more than 40 thousand Litas of the stamp duty and other legal charges.

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Marius Endzinas and Marius Liatukas, Attorneys-at law of NORDIA BAUBLYS & Partners, successfully represented the Client in the civil case regarding the results of the public procurement procedure examined by the Lithuanian Court of Appeals. The lawyers of NORDIA BAUBLYS & Partners succeeded in proving that the Client had been awarded the public procurement contract for the provision of public catering services on lawful and reasonable grounds, and the claims of his competitor, who was ranked as being second in the public procurement procedure, had been groundless. The Lithuanian Court of Appeals upheld the Order passed by the Panevėžys Region Court, which was favorable to the Client of NORDIA BAUBLYS & Partners.

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By its Order passed on 2 May 2011 the Supreme Administrative Court of Lithuania satisfied the Client’s claim and revoked the Ruling passed on 22 July 2010 by the Vilnius Regional Administrative Court, by which the said Court had revoked the Decision of the Tax Disputes Commission that had been favorable to the Client. By its Decision the Tax Disputes Commission had stated that the State Tax Inspectorate had groundlessly calculated more than 300 thousand LTL of VAT and more than 120 thousand LTL of the default interest to be paid by the Client and had groundlessly imposed a fine in the amount of more than 30 thousand LTL. By its Order passed on 2 May 2011 the Supreme Administrative Court of Lithuania stated the Vilnius Regional Administrative Court had made certain violations while hearing the case and ordered rehearing of the case.

April

Marius Endzinas, Attorney-at-law of NORDIA BAUBLYS & Partners, successfully represented the interests of the Client in the civil case regarding the results of the public procurement procedure examined by the Supreme Court of Lithuania. The Supreme Court of Lithuania confirmed the position maintained by the lawyers of NORDIA BAUBLYS & Partners stating that in certain cases, even after the recognition of certain violations of the public procurement procedure, it may be permitted to continue performance of the public procurement contract when this is necessary for the purposes of ensuring the public interest. In its Order the Supreme Court of Lithuania considered in detail the norms of the EU law and case study of the European Court of Justice in the area of public procurement.

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Albertas Šekštelo, attorney at law at NORDIA BAUBLYS & Partners, and assistant attorney Darius Bačinskas successfully represented a client who was the respondent in the civil case to award alleged damages suffered as a result of the application of interim protection measures against the plaintiff in another, already closed, case. The court of first instance took into consideration arguments provided by the respondent and ordered the respondent to pay 193 LTL in damages instead of 51,828 LTL claimed by the plaintiff.

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Marius Liatukas and Arnas Bareika, attorneys at law at NORDIA BAUBLYS & Partners, successfully represented a client before the Supreme Administrative Court of Lithuania in annulling unfavourable decisions by the State Social Insurance Fund Board and the court of first instance whereby an accident suffered by the client at work was recognized as a non-insured event. NORDIA BAUBLYS & Partners attorneys were successful in proving that the State Social Insurance Fund Board and the court of first instance improperly applied and interpreted Lithuanian legislation governing recognition of accidents as insured events thus achieving goals set by the client.

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Evaldas Dūdonis, attorney at law at the Professional Partnership of Advocates NORDIA BAUBLYS & Partners, successfully represented interests of a client, accounting services provider, in the case against a business entity which violated interests of the client and defaulted on their contractual obligations.

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A team of attorneys at NORDIA BAUBLYS & Partners led by attorney at law Evaldas Dūdonis successfully implemented structural reforms at a Lithuanian-based affiliate of the multinational Sodrugestvo Group – one of the leading agricultural producers and traders in the world.

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Attorney at law Albertas Šekštelo and assistant attorney Darius Bačinskas at NORDIA BAUBLYS & Partners successfully represented a client who was the respondent in the arbitration case resolved pursuant to the regulations of the National Commercial Arbitration Court of Vilnius. A panel of arbitrators rejected the action brought by the plaintiff regarding unlawful termination of Construction Subcontract (made on the basis of FIDIC-Redbook) and partially satisfied respondent’s counter action ordering the plaintiff to pay in favour of the client portion of damages and to surrender construction work logs to the client.

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Evaldas Dūdonis, attorney at law at the Professional Partnership of Advocates NORDIA BAUBLYS & Partners, in conjunction with Alytus Branch of Vilnius Chamber of Commerce, organized a seminar entitled “Debt Prevention and Most Efficient Means of Debt Recovery. Case Law. Alternative Ways of Dispute Resolution. Arbitration” for businessmen in Alytus Region.

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Albertas Šekštelo, attorney at law at NORDIA BAUBLYS & Partners, successfully represented a contracting authority, the respondent, before the Klaipėda District Court in the case based on public procurement procedures which disputed decisions by the contracting authority represented and the contract with the winning bidder made on the basis of these decisions. The Court dismissed the plaintiff’s action and ordered the plaintiff to pay a portion of legal costs in favour of the respondent.

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Albertas Šekštelo, attorney at law at NORDIA BAUBLYS & Partners, successfully represented a contractor, the respondent, which performed closure works on a landfill adjoining the plaintiff’s land plot. The plaintiff brought the action whereby she asked the court to award damages suffered in connection with the landfill and closure works on the landfill. The action was brought before the Šiauliai District Court which dismissed the plaintiff’s action and ordered the plaintiff to pay a portion of legal costs incurred by the respondent.

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AF – TSP, UAB in conjunction with NORDIA BAUBLYS & Partners (Professional Partnership of Advocates) entered into a contract with the Central Project Management Agency and the Ministry of Energy of the Republic of Lithuania whereby they assumed to prepare a programme for energy efficiency improvement in apartment buildings of Visaginas City entitled “Visagino Enervizija” (Visaginas Enervision). This programme included evaluation of energy efficiency of buildings and modernization opportunities thereof; evaluation of modernization effects on the heat production and supply system; legal framework analysis and drafting of necessary legislation; preparation and presentation of the draft programme and arrangements for implementation thereof. It is expected that the implementation of the “Visagino Enervizija” Programme will allow for improvement of technical and energy qualities of apartment buildings and ensuring that heat energy consumption does not exceed necessary consumption depending on local climatic conditions and needs of the residents. The scope of the Programme is expected to include modernization of all apartment buildings in Visaginas City.

March

Evaldas Dūdonis, attorney at law at the Professional Partnership of Advocates NORDIA BAUBLYS & Partners, in conjunction with Alytus Branch of Vilnius Chamber of Commerce organized a seminar on a topic particularly relevant to businesses entitled “Liability of Shareholders and Corporate Managing Bodies in cases of Company’s Insolvency”.  

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A team of attorneys at NORDIA BAUBLYS & Partners led by the firm’s managing partner Ligita Ramanauskaitė successfully completed evaluation of legal department operations and professional and field competences of jurists at one of the largest district heating suppliers in Lithuania and provided findings and recommendations to the client to allow for improvement in operational management and competence building for the most efficient and professional resolution of legal matters in the company.

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Albertas Šekštelo, attorney at law at the Professional Partnership of Advocates NORDIA BAUBLYS & Partners, successfully represented a client in the case regarding decisions by a police authority to fine the client with revocation of the driver’s licence for an allegedly dangerous driving. During case hearing the attorney sought for the collection of additional evidence which raised substantiated doubts to the court regarding validity of the decision by the police authority. After prolonged litigation in courts the Supreme Administrative Court of Lithuania annulled the decision of the police authority and closed the case.

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Rūta Daugėlaitė, associate lawyer at the Professional Partnership of Advocates NORDIA BAUBLYS & Partners, assisted one of the world’s leading raisers of furry animals in purchasing high value farm-type facilities in Lithuania, acted as an intermediary in negotiations, transactions and their successful closing. These transactions led to increased business volumes of the client and expanded geography of operations creating 50 new jobs in Lithuanian regions with low employment levels.