Litigation is the hard core of our work and the challenge for any professional in the business. In this area, we successfully represent clients in all procedural phases of a dispute, before all courts and/or arbitration. With a formidable team of litigators, we are constantly involved in all areas of litigation related to business law, including:

Litigation between professionals: involving contractual disputes, real estate, recovery of debt claims, annulment of contracts or legal acts, contractual liability, etc.;

Insolvency proceedings: involving representation of clients, creditors in various insolvency proceedings, but also the representation of the interests of clients in insolvency proceedings; in the insolvency field, we also represent the interests of associates of insolvent companies;

Administrative litigation: this involves assisting clients in analyzing and challenging any administrative acts at all jurisdictional stages.

Tax litigation: involves representing clients in all proceedings involving taxes and duties, both at the tax inspection stage and at the stage of judicial actions; we particularly note here the assistance and representation of clients in VAT matters, corporate tax, transfer pricing, excise duties, social security obligations, as well as European tax law;

Corporate law: involving the representation of various companies/legal entities in the annulment of corporate acts (transfer of shares, capital increase, division, AGM and EGM decisions), in the rejection of forced takeovers, etc. We also represent associates in settling disputes arising in corporate life (abuse of majority, abuse of minority, liability of assets).

Public procurement: representation of clients in the contentious stages of public procurement, including proceedings before the CNSC, appeals before the administrative courts, legal actions for the annulment of acts in the tender procedure (tender documents, decisions, requests for clarification, etc.), contractual liability, termination of administrative contracts, etc.

Labor law litigation: involving representation of clients in resolving disputes arising in relation to employees (including, but not limited to, challenges to termination, suspension, modification decisions, actions concerning trade unions, etc.).

Town planning: involving all challenges relating to the issue of town planning documents (PUZ, PUD, building permits), actions in administrative disputes.

Intellectual property: we represent a number of clients in the field of trademarks, patents, and inventions, before OSIM, OAPI, as well as before the competent courts.

In the field of taxation, we provide our clients with an analysis of problems arising in the area of taxation, identifying solutions that ensure certainty and predictability. The principle of tax consultancy is to obtain favorable solutions in tax inspection procedures and to avoid, where possible, litigation. Here we emphasize the collaboration with the economic department, composed of two economists with extensive experience in tax matters (taxes and duties), aimed at providing a solid foundation for legal expertise in the field. In this sector, we are constantly involved in projects concerning:
- transfer pricing;
- structuring the taxation of groups of companies;
- structuring the tax side of commercial transactions, in particular with reference to: VAT, corporate tax, income tax, reclassification of transactions;
- assistance and representation before the tax authorities in non-litigious procedures (obtaining binding opinions, opinions, etc.)
- ongoing advice on the risks of reclassification of transactions, in particular with regard to taxation of self-employed income, salaries, transactions with related persons;
 
- ongoing advice on all areas of taxation, including VAT, corporate and income tax, excise duties, local taxes, social security contributions.

In non-litigious insolvency proceedings, we have a team of 3 insolvency practitioners at our side to ensure that all aspects specific to these proceedings are fully managed.
 
We constantly take on projects such as:
▶ drawing up reorganization plans;

▶ negotiation and drafting of composition plans, as well as negotiation and drafting of legal documents specific to the pre-insolvency phase;

▶ negotiations between creditors and debtor;

▶ organization of general meetings of creditors;

▶ drawing up pre-insolvency analyses;

▶ implementation of voluntary liquidation procedures;

▶ valuation and recovery of assets, both in the pre-insolvency stages and in insolvency proceedings;

▶ transfer of the business in insolvency proceedings

Corporate is the foundation and future of any company, business, transaction, or investment. The internal architecture of any company and organization is a living organism, always transforming and evolving. In this vitally important area, we stand by our clients in complex transactions such as:
 
▶ organization and conduct of General Meetings of Shareholders or Associates;

▶ negotiating and drafting corporate agreements such as shareholder withdrawals, concerted actions, shareholders' agreements, etc.;

▶ corporate restructurings involving capital increases or decreases, incorporation of shareholders' claims, the transformation of the form of organization of companies;

▶ assistance and representation of companies in relation to the Trade Register, the Financial Supervisory Authority, the Competition Council, and other authorities;

▶ negotiation and drafting of company administration, management, and audit contracts;

▶ Structuring and reorganization of companies with a view to listing or delisting;

▶ organization, structuring and drafting of public offer prospectuses;

Since its establishment, the law firm MAXIM/Associates has consistently assisted various clients in specific capital market activities. We mention in this field:

▶ advice and assistance in listing or delisting procedures on the capital market, purchase or sale of shares;

▶ assisting clients in public offerings, preparing corporate and statutory documents of listed companies, advising on capital increase operations;

▶ advice on specific reporting to listed companies, assistance in managing relations with minority shareholders, and measures against minority abuse;

▶ assisting clients with derivatives transactions (futures, forwards, swaps, options);

▶ assisting clients in the preparation and filing of initial and final public offerings;

▶ assistance to listed companies in takeovers, privatizations through the capital market.

MAXIM/Associates assists companies in carrying out acquisitions, mergers, rejection of hostile takeovers, and all operations prior to and subsequent to such transactions. The field of mergers and acquisitions is one of the most complex, demanding, and energetic challenges for a lawyer, and we confidently take on responsibilities of the most diverse kind:
 
▶ analysis and due-diligence procedures prior to merger and acquisition transactions;

▶ negotiation and drafting of specific documents in merger or acquisition negotiations - non-disclosure agreements, no-shop agreements, scoring agreements, etc.;

▶ structuring the nature and architecture of transactions, including the sale of blocks of shares or equity stakes, transfer of business, leverage buy-out, sale through special corporate vehicles, etc.;

▶ drafting of the contract containing the terms of the transaction;

▶ analyzing and ensuring that all outstanding contracts are maintained or transferred in accordance with the terms of the transaction;

▶ assisting and representing the parties before the competent authorities - Competition Council, Trade Registry, Financial Supervisory Authority, etc.;

▶ assistance in all specific post-transaction operations.

Real estate and construction requires from the lawyers involved a lot of innovation, speed, and a multi-disciplinary approach, elements that are constantly provided by the MAXIM / Associates team for clients in this field. The specifics of real estate and construction projects require, in addition to performance attributes, sustained experience on the part of the lawyers involved.
In this area our lawyers consistently manage projects involving:

▶ due diligence analyses of the acquisition and operation of real estate projects, both in terms of land and residential, office or industrial buildings;

▶ structuring the financing of real estate project acquisitions;

▶ analysis and structuring of real estate guarantees;

▶ assisting and representing investors at the authorization stage of real estate projects;

▶ assisting and representing clients in negotiating contracts with contractors;

▶ representation of clients in relations with the competent public authorities in the field of town planning, in order to obtain town planning certificates, PUZ, PUD, permits, building permits, and acceptance of works;

▶ negotiating, drafting, and preparing all specific documents and operations throughout real estate investments - private and public easements, delimitation of property boundaries, site security, co-ownership management and administration, etc.;

▶ ensuring the security of real estate transactions, through analysis activities involving: property history, associated litigation risk, land register evolution, identification of cadaster issues;

▶ negotiating and drawing up the documents for the development of real estate investments, such as: preliminary contracts, lease or sale contracts, joint ventures.

Our law firm has developed over the years a particular interest and involvement in public procurement. Public procurement law is particularly complex, which requires, in many cases, the identification of those general principles belonging to administrative and public contracts law, as well as European law, on the basis of which we can offer certain, legal and predictable solutions.
 
We note here some of the activities that underpin our public procurement practice:
 
▶ analysis of tender documents and compliance with national and European law;
 
▶ drafting and dealing with requests for clarification of tender documents (datasheets, etc.);

▶ assistance with the preparation of the qualification documents;

▶ advice on the preparation of technical and financial offers;

▶ drafting of objections to proposed procurement contracts in the tender documents;
 
▶ due diligence activities specific to public procurement procedures;

▶ assistance throughout the procurement process, analysis of specific documents.

The Energy and Natural Resources practice has involved MAXIM/Associates' lawyers and specialists in various projects in the fields of electricity, heat, oil, and gas. The team's lawyers have advised players in the energy and natural resources market, as sellers, buyers, as well as distributors. Romania's accession to the European Union has brought significant changes in the field of energy and natural resources, through the liberalization and dynamization of these markets.
In these areas, we are successfully and consistently fulfilling a wide range of mandates, such as:
 
▶ assistance and representation at the stage of obtaining the necessary licenses;

▶ assistance to clients before the relevant authorities in the field, in particular, the National Energy Regulatory Authority;

▶ assistance before the energy distribution and transmission companies, namely Electrica SA and Transelectrica SA;

▶ assistance and consultancy in the field of cogeneration systems;

▶ advice and consultancy in the field of investments in resources (metals, mining, oil, and gas);

▶ structuring and negotiating energy and resource investments, such as joint ventures, mergers, acquisitions, restructurings, lease financing

The IT and Telecom industry brings some of the biggest challenges to a lawyer, due to the need to adapt national legal instruments to businesses built and developed in foreign legal systems.
The mandates conferred to our firm in the IT and Telecom sector involve activities such as:
 
▶ structuring the clients' activities from the perspective of the demands of personal data protection, consumer protection, and European law;

▶ assisting and representing companies in authorization and licensing procedures for specific activities;

▶ negotiating and drafting contracts with partners outside Romania, determining the implications of jurisdiction and applicable law;
 
▶ advising on contracts with different departments within the company, implementing confidentiality and non-compete agreements;

The field of intellectual property has always been a challenge for specialists in private law because of the particularities it brings to traditional civil law. The digital revolution has made the intellectual property a necessity for many of our clients, so our lawyers are constantly concerned with projects such as:
 
▶ assisting Clients in registering various forms of intellectual property - patents, trademarks, designs, copyrights, etc.;
 
▶ assisting Clients in selling or acquiring intellectual property rights in different fields of activity (IT, automotive, precious metals trading, capital markets investment algorithms, etc.);

▶ representing Clients before the competent authorities - OSIM, OAPI, ORDA;

▶ assisting Clients in protecting their intellectual property rights against any infringements;

▶ advice on the elements and conditions necessary to obtain the registration of intellectual property rights, in various forms, before OSIM;

▶ assistance and advice in the field of franchising in various industries;

▶ consultancy in different areas of entertainment (TV, radio, mass media, theatre) on intellectual property issues such as plagiarism, image rights, licensing, publication of works, etc.

Our lawyers assist in all legal aspects of banking and finance. Whether we advise various Companies in their relationship with financial-banking institutions or we assist these Institutions, we are constantly involved in projects related to the financial banking field, among which we mention:
 
▶ assistance in the negotiation and signing of Financing and Credit Agreements in various forms;

▶ assistance in complex syndicated credit procedures;

▶ advice on analyzing and declaring non-performing loans ("NPL");

▶ assistance in loan renegotiation, collateral analysis;

▶ representation of financial and banking institutions in the recovery of loans granted to clients in pre-insolvency or insolvency proceedings;

▶ drafting and structuring contracts specific to leasing companies or divisions within banking institutions or NFIs;
 
▶ advising on specific financial operations, such as documentary letters of credit, comfort letters and/or guarantees, escrow operations, etc.

▶ drafting banking contracts in relation to consumers to ensure compliance with consumer legislation and personal data protection.

Labor law, despite having fewer regulations than other branches of law, presents many challenges in our clients' business practice. Meeting the needs of our clients, we constantly provide them with services related to the following:
 
▶ negotiation and drafting of Collective Labor Agreements;

▶ assistance in dealing with the Company's trade union organizations;

▶ advice on the drafting and implementation of documents for the organization of work in the company, such as: internal regulations, good practice guidelines, occupational safety, professional verification;

▶ assisting Clients in negotiations regarding the granting of compensation, bonuses, salary reductions;

▶ assistance and representation in collective redundancy operations;

▶ assistance and representation during the dismissal of employees, for whatever reason (with a preference for disciplinary reasons, professional misconduct or job termination);

▶ establishment and implementation of working procedures;

▶ advice on the taxation of employees' income;

▶ assistance in the area of outsourcing of services, or employment of expatriates;

▶ advice on pension funds;

▶ assistance with employee mobility, including postings, transfers, etc.