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Pen & Paper

Ekaterina Tyagay

Partner, Pen & Paper
Ekaterina Tyagay
   

Areas of Expertise

Ekaterina acts for Russian and foreign clients in family and inheritance disputes, and provides comprehensive legal advice to representatives of the entertainment industry (show business, sports, art) on matters related to professional activities and private life, including concluding deals with works of art, philanthropy and reputation management.

An acknowledged specialist in civil, business, family and international private law, as well as comparative and common law, Ekaterina was awarded an honorary diploma by the Association of Lawyers of Russia in 2019 for many years of hard work, high achievements in the field of jurisprudence and a significant contribution to the development of the Association.

Ekaterina began her legal career at Alfa-Bank, where she specialised in legal support of international operations, including due diligence of non-residents.

In 2008, Ekaterina joined Legist, one of the oldest law firms in Russia, where she was a partner before joining Pen & Paper. During this period, she gained extensive experience in providing comprehensive legal advice for large businesses and private clients. In her practice, Ekaterina focused on issues of civil and family law, advised clients in the course of divorce proceedings and property disputes, as well as child disputes. Ekaterina advised on several major transactions in the market of contemporary art, and acted for clients in the attribution, provenance and evaluation of antiques they had acquired. Ekaterina’s legal assistance was also sought by athletes in the process of negotiating and formalizing relationships with clubs, as well as art and show business figures who instructed Ekaterina on the protection of intellectual rights and reputation.

Ekaterina successfully combines the practice of law with academic activities and teaching at Tel Aviv University, Israel, and at Kutafin Law University, where she heads the department of family law.

In 2014, she created and became head of the Institute of Business Law, Moscow State Law Academy, which became one of the most successful educational projects of the university. She created and became head of the Department of Family Law at the Moscow State Law University in 2019.

Ekaterina’s expertise includes family and hereditary law, legal advice to athletes, protection of intellectual property, legal advice on investments in the art business, protection of honor, dignity and business reputation.

Recent Work

  • Advising and preparation of a legal opinion in divorce and financial proceedings between former spouses in Switzerland The legal regime of the marital property was determined, including property registered in the name of one of the spouses that was in their actual possession, as well as property registered in the name of a foreign entity. Limits and ways of implementation of title were established for each of the spouses, as well as the conditions of, and procedure for, the separation of marital shares. The marriage contract and the marital settlement agreement were reviewed, and the specifics of the rights of adult children to the property of living parents during their marriage and after its dissolution were explained. A legal opinion was prepared on Russian law for submission the Swiss court. The dispute was resolved in favor of the client, with the arguments set forth in the legal opinion taken as the basis of the reasoning part.
  • Acting for an American multinational company, one of the leaders of the global consumer goods market, in a dispute with an actor who participated in the production of an advertising video for the company. The dispute related to claims for the protection of related rights and rights to images. The dispute was resolved in favor of the client.
  • Development of a legal position in the financial proceedings between former spouses, taking into account the specifics of a property portfolio, some of which was located outside of Russia and some of which hidden. The court found in favor of the client, with due regard to the value of hidden property when dividing marital property.
  • Advising owners of financial investment companies in relation to declaration of assets and bank accounts outside the Russian Federation and taxation of income of foreign companies under their control and income of foreign organizations. The legal advice included identification of legal forms of business optimization.
  • Advising and preparation of a legal opinion on the legal meaning of the “presumption of consent” of one spouse to disposal of marital property by the other spouse. The client and the English lawyers were advised regarding the legal purpose of this presumption in Russian law and assisted in the development of a confident position in the proceedings. The legal opinion was prepared for submission to the High Court of London in the course of financial proceedings between the former spouses.

Professional Associations

Ekaterina is a member of International Society of Family Law, Russia-China Law Society and Moscow Club of Lawyers.

Publications

Ekaterina is the author of “Real Estate Title in the US: Complex Structural Models” (Prospekt, 2018) and “Corporate Relations: Complex Problems of Theoretical Study and Regulatory Framework” (Norma, 2014), as well as textbooks on civil law and numerous academic articles. Ekaterina organizes, speaks at and moderates key Russian and international legal conferences.