The TRINITI transaction team has consulted Lemonade Stand OÜ on several investments in early-stage technology companies such as Cachet, Procurement Flow, Digital Sputnik, askRobin, Veriff, WebARX, Visory, Sensus, Septima, Warren.io, Outfunnel, R8tech, and many others. Investments have been made through various instruments, including capital investments, SAFEs, and convertible instruments, where possible using Startup Estonia’s model documents, to the creation of which the lawyers of our law firm also contributed. In addition, the TRINITI transaction team performed a number of due diligence procedures and advised on the entry into other important agreements associated with the transaction such as the transfer of intellectual property, regulation of trade secrets, and primary agreements of founders and shareholders.
Attorney-at-law Sandor Elias represented a client in a significant dispute in the Supreme Court in administrative matter 3-20-924. In its judgment of 4 November 2020, the Supreme Court found that contrary to the understanding that has taken hold in the current judicial practice, not every tender below its cost price is prohibited. The Supreme Court found that cross-subsidisation with non-contractual revenue is not prohibited, unless separately forbidden by the law applicable in the field or the terms and conditions of the public procurement. However, a tender below its cost price is unacceptable, for example, if it distorts competition, foremost if the tenderer were to thereby abuse its dominant position by freezing out its competitors from the market. In conclusion, the decision of the Supreme Court is significant in shaping the future of the public procurement landscape. First, it brings the logic of public procurements and of private market closer together as a tender below its cost price is also not always prohibited in the usual relationship between entrepreneurs. Secondly, it inevitably places a somewhat higher administrative burden on contracting authorities.
The Estonian national airline Nordic Aviation Group (Nordica) and the Polish national carrier Polskie Linie Lotnicze LOT S.A (LOT) reached an agreement to end their joint venture in Regional Jet OÜ (Xfly). Nordica purchased LOT’s 49% share in Xfly, a leading European ACMI-services provider, after which Nordica became its sole shareholder. TRINITI transport & infrastructure legal team – partner Tõnis Tamme and senior associate Ain Kalme, advised Nordica in the contract negotiations and assisted with the closing of the transaction.
TRINITI advocates successfully represented National Oilwell Varco AS (NOV), a leading worldwide provider of equipment and components for oil and gas drilling and production, in a court dispute with Estonian companies OÜ Transmares and OÜ Palsteve, over the validity of a lien and the rights of possession of stored equipment at the Northern Port of Paldiski, incl the grant of preliminary injunctive relief by the court. The TRINITI legal team consisted of senior associate Klen Laus and partner Tõnis Tamme.
TRINITI advised and represented National Oilwell Varco AS (NOV), a leading worldwide provider of equipment and components for oil and gas drilling and production, in the bankruptcy proceedings of AS E-Profiil – one of the largest producer of metal components and constructions in Estonia. The challenging assignment included providing legal advice and taking necessary measures to ensure the completion, financing and due delivery of two large projects by AS E-Profiil undergoing bankruptcy proceedings at the same time. The TRINITI legal team consisted of partner Tõnis Tamme and senior associate Klen Laus.
We defended the interests of our client AB Lietuvos Radijo ir Televizijos Centras Telecentras against Darnu Group regarding the EUR 6 m real estate sale transaction. The Supreme Court of Lithuania acknowledged that the transaction was valid. Congratulations to Kęstas Žičkus and the team, who were involved in this case only in the appeal stage and ensured the victory of the client in both courts.
This lawsuit shows that real estate developers take risk of the contracts with the third parties when purchasing real estate. In the present case, the dispute arose after the National Land Service refused to lease the state own plot of land to the purchasers. After this court practice, developers will require to either structure transactions appropriately by introducing safeguards or to assess the prospects of contracts with the third parties prior to the transaction.
Extreme meteorological conditions in agriculture can now be recognized as a force majeure situation. Such a decision was made by the Supreme Court of Lithuania in a case in which we represented a Lithuanian farmer against the buyer of agricultural products UAB Agrosfera.
And this is the first time in the country’s courts’ practice, when our firm’s Associate Partner Marius Tamošiūnas, Senior Associate Laimonas Stančikas and the team managed to prove that the farmer’s contract was not fulfilled due to unfavourable natural conditions, which were force majeure circumstances.
World climate change and the resulting extreme natural disasters do not bypass Lithuania. In the last few years, the country has repeatedly declared an emergency situation due to heavy rains or drought.
Until now, however, the prevailing view in agriculture has been that contract terms due to force majeure were a mere formality and it was not realistic for farmers to take advantage of these terms in the face of natural disasters. We are glad that the situation has changed and farmers have more legal opportunities to defend their interests.
Consult with us if you are not sure about the conditions in your contracts.
TRINITI advised the largest Estonian new generation film production company Nafta Films in an insurance matter during the making of their spy thriller O2. The leading male actor Priit Võigemast injured his ankle during the shooting of the film in Finland which brought along changes to the shooting timetable and extra costs. TRINITI attorneys-at-law Tõnis Tamme ja Klen Laus advised the client and later also had an opportunity to participate as extras in some of the scenes of the movie.
Additional work in the construction sector is a very common situation. Unfortunately, it is not always resolved peacefully. We congratulate our client UAB TERMOLINK and the firm’s attorney at law Artūras Vaišvila and the team for achieving the victory. They managed to prove to the court that the general contractor must pay for additional works, the performance of which has been formalized by a unilateral act.
The court argued that it is the general contractor who takes the risk that all the necessary construction works will be included in the technical project and other construction normative documents. If it is established that the constructor has carried out works that were really necessary to achieve the right result, that the results of that work are being used, that no defects in the performance of those works have been proved, the general contractor shall pay for such works.
Cases of honour and dignity are delicate, sensitive, and, in most cases, public. Firm’s partner Jurgita Judickienė together with the team recently defended the interests of our clients: the Lithuanian Radio and Television Centre “Telecentras” and its CEO Remigijus Šeris. Lawyers proved that the former president of the Lithuanian Business Confederation Valdas Sutkus got offended unreasonably.
Two years ago, in an article on www.15min.lt, Šeris told about some unpleasant encounters with Sutkus and his widely discussed words “daloj Šeris” (take away Šeris – in Russian). Sutkus applied to the court for insulting his honour and dignity, however, the Vilnius Regional Court acknowledged in its final ruling that all the statements expressed in the article correspond to reality and do not humiliate Sutkus’ honour and dignity. The court also ordered to reimburse all litigation costs incurred by both Šeris and the Lithuanian Radio and Television Centre. Congratulations on an honourable victory!
Please, read a detailed story (in Lithuanian) here.