Stefan Tomchyk

Associate
Phone number: +375 29 150 0512
E-mail: stefan.tomchyk@alba-llp.by

I am focused on a diverse range of legal work related to employment matters, corporate structures and reorganisations, M&A transactions and competition issues related thereto. I also handle projects on the resolution of disputes, both via litigation and arbitration, as well as assisting clients with bankruptcy issues in Belarus.

Professional highlights

Dispute resolution. I have helped clients resolve their disputes at each stage of the process: from developing the strategy and conducting negotiations with the opponent to get the client’s interests satisfied at the pre-trial stage, to arranging presentation of the client’s position during the trial and further enforcement of the award. My past work experience as a counsel to bankruptcy administrator helps me support clients during the bankruptcy of their debtors and coordinate the bankruptcy of the clients.

Employment and migration. I have advised the clients on various employment issues, including conflicted dismissals (inter alia, conducting the negotiations with the relevant employee), mass layoffs, preparation of employment documents (employment agreements, various local regulations), establishment of trade secret regime, and procuring the transfer of employee-created intellectual property. In terms of migration issues, I have assisted clients in obtaining all kinds of migration authorisations (including work permits, temporary residence permits, visas, etc).

Corporate and M&A. I assist in incorporation (inter alia, in foreign jurisdictions), reorganisation, winding-up of companies, registration and termination of branches and representative offices of foreign companies and other corporate matters. Additionally, I have participated in M&A projects in various fields, including IT and industry.

Regulatory. I have advised clients on diverse regulatory issues, including contractual matters, advertising, pricing, consumer rights protection and quality assurance, while also working with a wide range of intellectual property-related issues. One of the sectors of particular interest for me is life science and healthcare, where I have gained expertise in various aspects, including medicine pricing, clinical trials, pharmacovigilance, licensing and interaction with healthcare professionals, etc.

Academic Background

  • Belarusian State University, Belarus (Diploma in Law)
  • Belarus patent authority course on intellectual property
  • Certificate of attestation of a person providing legal services 361 issued on 22.08.2024 by the Ministry of Justice of the Republic of Belarus

Selected experience

  • Assisting the international distributor of commodity goods with the protection of its interests in a multimillion-dollar court dispute with a Belarusian opponent at each stage – first instance, appeal, and cassation.
  • Obtaining merger clearance for a major e-gambling provider and overcoming the preliminary rejection from antimonopoly authority to clear the transaction due to the latter’s alleged negative impact on competition within the relevant market.
  • Supporting the international gym chain and developer of a world-renowned fitness program with enforcement against intellectual property infringements in foreign jurisdictions throughout the entire enforcement procedure: from sending a cease and desist letter to obtaining a judgement and its enforcement.
  • Handling the expedited restructuring of the corporate presence in Belarus for an international pharmaceutical company, involving the transfer of employees and assets, the conflicted dismissal of a top manager, the termination of one representative office along with the opening of another.
  • Coordinating and conducting of a full-scale legal due diligence of the Belarusian subsidiary of an international seafood manufacturer within the relevant M&A project involving the acquisition of the relevant group of companies.
  • Assisting the international software developer in the protection of its interests in a Belarusian court in an employment dispute.
  • Advising on the corporate reorganisation of a Belarusian plant operator for an international manufacturer of construction materials, addressing various corporate, employment, regulatory, and competition matters complicated by the specific regulations of special economic zones.
  • Consulting the international beverage manufacturer on various employment issues in Belarus, ranging from compensation and benefits issues to the establishment of working hours regimes and provision of incentive leaves.
  • Assisting the international provider of marketing data solutions with opposing the recognition of an arbitral award in the European Union.
  • Advising the international manufacturer of packing materials on various issues related to the bankruptcy of its Belarusian debtor, including the return of the property leased to the debtor and the submission of a claim for the collection of the monetary debt.
  • Providing a detailed memorandum to the international provider of food delivery services outlining legal framework regulating market-dominants’ activity, permissibility of horizontal and vertical agreements, and related competition issues.
  • Consulting a kicksharing service provider on the establishment of proper transfer of rights to work-for-hire intellectual property from employees to the employer.
  • Authoring the Belarus Merger Control Guide published by LexisNexis, a well-known provider of legal, government, business, and high-tech information sources.
  • Contributing to the Belarus-related section of Global Employment Compass – a global project that aims to strengthen the resilience and autonomy of non-profit organisations by providing an easily accessible and user-friendly guide on employment laws in numerous jurisdictions worldwide.
  • Editing the Belarus Whistleblowing Guidance note published by OneTrust DataGuidance, one of the world’s most in-depth and up-to-date privacy and security regulatory research platforms.