Cosmin Mocanu

Partner

cosmin.mocanu@stratula.com

Education:

  • Bucharest University – Law Faculty (2004, Magna Cum Laudae)
  • Nicolae Titulescu – LLM in Business Law (2005)

Bio:

Cosmin is a founding Partner of SM&A and a member in good standing of the Bucharest Bar. He heads the Corporate & Commercial, Employment, M&A and Restructuring & Insolvency Practice Areas, while also actively involved in the Dispute Resolution.

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Cosmin’s main areas of specialization are Corporate and M&A, Employment and Dispute Resolution, with a special dedication to commercial, employment and insolvency disputes. Cosmin also gained significant experience in commercial arbitration disputes, both domestic and international. The aggregate value of the commercial, insolvency and arbitration claims handled over time is over 2.7 billion Euro.

His main Clients are, consistent with the overall profile of SMA’s Clients, blue chip corporations and international companies, as well as their Romanian subsidiaries, and large to medium sized domestic companies, from various industries, like: Real Estate Development, Audiovisual, Media, Tobacco, Pharma, Food and FMCG, Fashion Wholesale and Retail.

Examples of Corporate&Commercial and M&A cases:

  • Assisting a major Turkish real estate and construction group of companies with both their wide spectrum of current corporate needs, including new company formations, dissolutions, corporate governance issues and corporate changes, as well as with a series of intra group company mergers
  • Coordinating a complex dissolution procedure of the Romanian subsidiary of an important Vietnamese chain of food and FMCG production companies, including share capital increases and decreases, recovery of over USD 1,000,000 in receivables, share transfers and eventually dissolution of the company
  • Assisting an important Polish IT distributor with the acquisition of a Romanian IT and software market leading company

Examples of Dispute Resolution cases:

  • Representing one of the world leading Turkish façade specialists in a EUR 45,000,000 damage claim against the Client as well as several other parties involved in the construction of a business office building in central Bucharest, as a result of an accidental fire which damaged several stores of the building
  • Representing one of the world leading multinational pharma companies with a series of over 10 debt recovery procedures, both under the regular procedure as well as under the insolvency procedure, with a total amount of over USD 500,000,000
  • Representing a Romanian micro technology institute in a patent IP litigation procedure against several inventors claiming patent rights and infringement compensation for a micro-shield system for space ships, with a total value of EURO 160,000,000

Examples of Employment cases:

  • Assisting an important food and FMCG Russian based multinational with a collective lay-off procedure of over 70 employees; the procedure resulted in no litigation or claim against the employer
  • Day to day assistance to a Romanian based quality control French multinational, providing a great variety of employment related advice adapted to the headcount of over 560 employees, including restructurings, disciplinary actions, individual or collective layoffs, as well as all the work related non compete and confidentiality matters
  • Constant assistance and representation of the Romanian subsidiary of an important Turkish TV producer, both in and out of court, in relationship with its staff, including department restructuring, disciplinary actions and layoffs

Examples of Restructuring and Insolvency cases:

  • Assistance and representation of one of the world leading Turkish façade specialists in the insolvency procedure of the Romanian subsidiary of Alpine Gmbh, with a creditor mass of over EUR 100,000,000, while the insolvency of the mother company is the largest such procedure in Austria after the second world war
  • Assistance and representation of world leading multinational pharma company during several insolvency procedures of its distributors, with creditor masses summing up over USD 2 Billion, and receivables to recover of over USD 400,000,000
  • Assistance and representation of an important local fuel distributor with a series of insolvency procedures of its debtors, amounting over EUR 1,000,000 creditor mass, as well as during the restructuring procedures of several of them, with a target to recover over EUR 500,000 of the Client’s receivables.

Honors:

  • Selected in the Chambers Global in the fields of Corporate and M&A, Dispute Resolution, Restructuring and Insolvency, starting with 2010 (ranks and practice areas differ each year)
  • Selected in the Chambers Europe in the fields of Corporate and M&A, Dispute Resolution, Restructuring and Insolvency, starting with 2008 (ranks and practice areas differ each year)
  • Recommended by Legal 500 EMEA in the Dispute Resolution and IT, Telecoms and media (currently TMT) starting with 2007 (ranks and practice areas differ each year)
  • Recommended by Media Law International starting with 2015.

Professional Affiliations and Memberships:

  • Bucharest Bar (2005 to date)
  • East Legal Team E.E.I.G. (2008 to date)
  • Global Business Lawyers (GBL) Alliance (2017 to date)
  • American Chamber of Commerce in Romania (2014 to date)
  • Netherlands Romanian Chamber of Commerce (2014 to date)