US-Russia tensions spark concerns among international law firms in Moscow
Partners on potential threat to international law firms in Moscow of worsening relations between Russia and the West
April 13, 2017 at 06:20 AM
4 minute read
The original version of this story was published on Law.com
Jonathan Nelms, a Baker McKenzie partner in Washington, DC, who spent nearly three years toiling in the firm's Moscow branch, chooses his words carefully when describing the current state of relations between the US and Russia.
"I don't want to call it a new Cold War," says Nelms (pictured), whose firm has 120 lawyers in Moscow and St Petersburg.
But the relationship has chilled enough to have business consequences for Western law firms that have Russian outposts, according to Nelms and other partners at five different firms – most of whom spoke only on condition of anonymity.
A few years back, the firms' hires in Moscow were making legal industry headlines. Now, as US leaders spar with their Russian counterparts over Syria and other issues, Western firms in Russia may be happy to stay off the Kremlin's radar. If the geopolitics are bad, the economics for some of the firms aren't any better, particularly for those that represent clients in the price-depressed oil industry. Many are worried about losing both Russian and US clients.
The roster of US firms with Moscow offices includes, among others: Akin Gump Strauss Hauer & Feld with 27 lawyers; Latham & Watkins with 20 lawyers; Morgan Lewis & Bockius with 29 lawyers; Cleary Gottlieb Steen & Hamilton with 21 lawyers; and Baker Botts with 23 lawyers.
'A double whammy'
US-Russia relations have been perpetually rocky since the Obama administration imposed sanctions against Russia in response to the invasion of Crimea in 2014, and amid Russia's backing of Syrian President Bashar al-Assad. Tensions rose further when federal law enforcement agencies and Congress announced multiple investigations into allegations that Russians interfered in the November 2016 US presidential election.
On 6 April, US President Donald Trump ordered missile strikes on an airbase held by the Russian-backed Syrian government, in retaliation for an apparent chemical attack by Assad's forces. US officials later accused Moscow of attempting to cover up the attack.
"It's hard to tell what will happen since the weekend," Nelms says.
For the firms, the question is how far the tensions – not to mention sanctions – could erode zeal for cross-border business between Russians and their US and European counterparts. The worst-case scenario is a purge: the Kremlin could potentially bar many US concerns, including law firms, from operating within the country's borders. The government has already imposed restrictions on credit card and software companies.
A law firm partner whose firm has a Moscow office, and who travels regularly to Russia, summed up the mood of Russian clients and US clients with deals there: "It's bad."
The 2014 sanctions froze a significant chunk of Moscow-directed cross-border business, the partner notes. But the present atmosphere in DC – where all things Russian have become stigmatised by the political climate – has "poisoned" relations, he says.
Other partners whose firms do business in Russia echoe that view. Low oil prices, combined with the political battles over Russia in the US, represent "a double whammy" for international law firms in Moscow, one says. Another says US clients are staying away, because "they just don't want to get hauled before Congress".
On the Russian side, companies have shown some hesitation to use US and British law firms, but not enough to cease all relationships, one of the lawyers says. "So far, they don't hold that much against us. They are very polite and friendly," he says.
Nelms says his firm faces fewer risks of a negative Russian government response aimed at US law firms than its rivals. That's because Baker McKenzie has historically stocked its overseas offices with local lawyers, he says. Baker McKenzie also has focused on providing legal services to local clients doing local business, rather than international clients engaged in cross-border transactions and litigation – another reason Nelms expects his firm to escape any wrath that the Russian government or clients may aim at US and European lawyers.
"It's been a hallmark of this firm not to rely on expats but to populate our offices with local lawyers, including in leadership positions. We are homegrown. Maybe that's why we have weathered or managed better than others," Nelms says.
The local strategy seems to be spreading. "Everybody has gone more Russian," one of the international firm partners says. Now, he adds, the only American name in the office is often the name of the firm on the door.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllPre-Internet High Court Ruling Hobbling Efforts to Keep Tech Giants from Using Below-Cost Pricing to Bury Rivals
6 minute read'Everything From A to Z': University GCs Tested by Legal, Financial, Societal Challenges
6 minute read'Never Been More Dynamic': Big Law Leaders Reflect on 2024 and Expectations Next Year
7 minute readTrending Stories
- 1Carter Mario Achieves $225,000 Settlement in Motor Vehicle Case
- 2Legal Departments Gripe About Outside Counsel but Rarely Talk to Them
- 3'Further Investment in Power' Will Drive Big Law Business—But What About Clean Energy Projects?
- 4SEC Penalizes Wells Fargo, LPL Financial $900,000 Each for Inaccurate Trading Data
- 5NY Firm's Amicus Brief Asks for Corporate Transparency Act to Remain on Pause
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250