Sorin Stratula

Managing Partner

sorin.stratula@stratula.com

Education:

  • Bucharest University – Law Faculty (1999, Magna Cum Laudae)

Bio:

Sorin is the Managing Partner of SM&A and a member in good standing of the Bucharest Bar. Sorin heads the Dispute Resolution, TMT, Procurement Law and Tax Practice Areas of the Firm.

As one of the founding partners of SM&A, Sorin has essentially contributed to the Law Firm’s development and the currently held top level international professional positions, by handling some of the most complex litigation cases of the firm’s history (reaching out a total of over two billion Euro financial worth).

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Sorin’s main area of specialization is Dispute Resolution, with a special dedication to administrative, fiscal, financial and procurement litigation. He is also actively handling arbitration, as well as commercial and civil disputes, where his major involvement refers to audiovisual and broadcasting related disputes, as well as IP disputes.

In addition to practicing Disputes, Sorin actively involves in areas of Procurement Law, with assistance granted both to bidders and to contracting authorities, as well as in regulatory and compliance consultancy in relation to some of the Firm’s other main practice areas and diverse industries serviced, like European Funds and EU Law, TMT, Commercial and Corporate, IP and Tax, Real Estate, Pharma, Tobacco, Food & Drink, Wholesales and Retail.

His Clients are primarily blue chip corporations and international companies, as well as their Romanian subsidiaries, and large to medium sized domestic companies, from various industries, like: Agribusiness, Energy, Real Estate, Audiovisual and Broadcasting, Media, Telecom, IT, Tobacco, Pharma, Wholesale, Retail.

Sorin is a well-known local contributor to the Doing Business project of the World Bank Group (doingbusiness.org) by regularly providing pro bono professional legal services to the worldwide famous economy status indicator, since 2003.

Examples of Dispute Resolution cases:

  • Represented world leading pharmaceutical company and its Romanian subsidiary in a series of inter-connected procedures in total worth of approx. 355 M Euro, including one major insolvency procedure of one of the biggest Romanian drug distributors, with all the related insolvency procedure claims.
  • Represented the largest Romanian animal by-product neutralization company in a highly complex dispute against the Romanian State represented by the Ministry of Agriculture and the State Domains Agency, whereby the Client attempts to obtain full compensation for 52 M Euro damages generated by the unilateral abrogation of state aid in its field of activity (neutralization of animal waste) in which the Client was the sole national concessionaire.
  • Represented the Romanian subsidiary of a major international private energy company against several participants at a 27 M Euro public tender (for the implementation of a pilot system in Romania, related to smart metering for electricity supply) organized by the Client as contracting authority, both in front of the judicial courts and in front of the National Council for Solving Complaints (RO: CNSC).
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  • Represented a large Romanian energy producer (by hydro-power plants) during the administrative pre-litigious procedures, as well as in the legal proceedings started against a local water authority in Cluj City (i.e. “Romanian Waters” National Administration in Cluj, subordinated to the Ministry of the Environment) as well as against Maramures County Council and another private player on the hydro-energy market, for the annulment of a series of illegal permits and authorizations issued to such another player by the respective authorities, with the violation of the Client’s 11 M Euro project for a water power plant in a mountainous course of Sapanta River (Northern region of Romania).
  • Represented Romanian most famous TV broadcaster with all its litigation cases involving claims on moral damages, image damages and any other kinds of damages sought as a result of Client’s activity as broadcaster, as well as its involvement in various on-line publications.
  • Represented the Romanian subsidiary of the world's largest international TV and broadband company in a series of commercial litigation procedures with various service providers, by successfully defending against unjustified monetary claims that were overruled by the respective courts.
  • Represented the Romanian subsidiary of one of the world’s largest agribusiness and palm oil producer, in a series of administrative disputes against the Romanian Customs Authorities and the Romanian Fiscal Authorities, with respect to fiscal debts derived out of additional customs duties calculated by the defendants resulted from alleged breaches of the Customs Code by the Client with the occasion of palm oil imports in Romania.
  • Represented the Romanian subsidiary of world’s leading tobacco producer and wholesale distributor within an array of litigation matters, including administrative (regulatory) disputes, civil claims disputes, receivable recovery disputes, moral damages disputes. He has also represented the Client in a matter involving a non-for-profit organization activating against tobacco products consumption, which has lodged a claim against eight tobacco producers and importers from Romania, as well as against several central institutions, with respect to claims based on the EU Directive 2014/40.
  • Represented the Romanian subsidiary of a major international private energy company against a Romanian private company with respect to a litigation case involving the breach of Client’s industrial design rights by the defendant.
  • Represented a famous multinational corporation acting în the field of sweets in an administrative dispute against the Romanian National Authority for Consumer Protection, within a litigation case initiated by Client’s biggest national distributor against a minor offence minutes concluded by the Authority, by which the distributor has been sanctioned for a series of chocolate products distributed by such distributor, including some of Client’s brands.
  • Represented the Romanian subsidiary of the world’s leading Italian tire manufacturer in a damages claim against the national oil pipe administration company for defaults of the latter in duly signaling and notifying the existence and placement of an oil pipe located under Client’s industrial land located in Slatina, România.
  • Represented the largest Romanian animal by-product neutralization company in a series of complex administrative disputes with the National Environmental Guard, Waters System Administration and Romanian Environmental Protection Authority following a series of measures taken by such authorities against the Client.
  • Represented the Romanian subsidiary of a well-known Turkish TV show producer during several highly complex litigation cases with the Romanian subsidiary of a Turkish TV station and with a very popular Romanian TV station, regarding first TV station’s claims against Client and second TV station for stopping several popular TV shows produced by the Client and broadcasted by the second TV station, including claims for trade-mark annulment. Represented the same Client in related monetary claims of over 3 M Euro as well as in several IP breach claims, issued by several artists whose works was allegedly inserted by the Client in one of its productions.
  • Assisted a large international movie distributor throughout an arbitration proceedings, ruled by the Los Angeles based International Arbitration Tribunal of IFTA (Independent Film & Television Alliance) against the Romanian National TV Broadcaster (Societatea Romana De Televiziune) în a 4.8 M Euro arbitration claim against the National Romanian TV Broadcaster, derived from a movie distribution agreement concluded with the Client.
  • Represented a major Italian bank in a litigation with a bankrupt Romanian bank, where the Client was sued for a claim raised out of promissory notes issued by a common Client of the two banks in Client’s favor, to secure a loan.
  • Represented a local real estate developer within a European funds and procurement litigation (POR Financial Guide) against the Regional Development and European Funds Ministry, with regard to a 2.5 M Euro financial correction applied to the Client, in connection to development of a trade center located in Oradea, Romania, within the EU funded project.

Examples of legal consultancy cases:

  • Assisted the Romanian subsidiary of a major international private energy company throughout public acquisition (procurement) procedures with over 100 M Euro total value, as external legal expert, with regard to highly complex procurement law aspects of the procedures.
  • Assisted for regulatory and compliance purposes (from Romanian and EU law perspective) the world’s leading tobacco producer and wholesale distributor with regard to placing on the Romanian market of new, innovative tobacco products, that do not burn (heat not burn products) developed by the Client.
  • Assisted a world leading Japanese electronic equipment manufacturer and distributor with a 1.2 M Euro sale contract with a Romanian customer, related to a highly complex, custom made, technological equipment.
  • Assisted a famous multinational corporation acting in the field of sweets with regard to compliance issues related to the packaging waste reporting obligations to the Environmental Fund Administration.
  • Assisted Romanian subsidiary of a multinational computer technology corporation based in California, USA, with regard to the negotiations with the landlord for the conclusion of the headquarters lease agreement of the Romanian subsidiary.
  • Assisted for regulatory and compliance purposes a German based media and publicity group, with regard to issues of copyright, IP, contract, commercial and fiscal related problems.

Honors:

  • Selected in the Chambers Global 2017 in the field of Dispute Resolution.
  • Selected in the Chambers Europe 2017 in the area of Dispute Resolution.
  • Selected among the Best Lawyers in Romania 2016-17 in the field of litigations
  • Selected in the Chambers Europe 2016 in the area of Dispute Resolution.
  • Selected in the Chambers Global 2016 în the Corporate/M&A category.
  • Selected in the Chambers Europe 2015 in the area of Dispute Resolution and CorporateM/A.
  • Recommended by the Media Law International 2015 legal directory for the next specialized legal activities: legal advice on television production, contracts and television formats for one of the major television production companies, as well as legal assistance in dispute resolution cases for one of the most important television stations in Romania.
  • Selected in the Chambers Global 2014 in the field of Dispute Resolution.
  • Selected in the Chambers Europe 2014 in the area of Dispute Resolution and Corporate M/A.
  • Selected in the Media Law International 2014 in the field of IT, Telecommunications and Media.
  • Selected in the Chambers Global 2013 in the field of Dispute Resolution.
  • Selected in the Chambers Europe 2013 in the area of Dispute Resolution.
  • Recommended by the Legal 500 EMEA 2013, regarding its Dispute Resolution practice, IT, telecoms and media practice area.
  • Designated Litigation Lawyer of the Year in Romania by Corporate INTL Magazine in 2011.

Professional Affiliations and Memberships:

  • Bucharest Bar (2000 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)
  • International Association of Managing Partners (IAMP) (2016 to date)