Practice areas

Public law is one of the core areas of Cuesta. We have outstanding practical experience in state aid, public procurements and the regulation of public services.

Cuesta advises both tenderers and contracting entities on all matters relating to public procurement law. Our specialists assist clients in procurement, preparation of procurement source documents and preparation of tenders. In addition, our specialists have long-term experience in representing both contracting entities and the tenderers in both the review bodies proceedings and in court.

Our lawyers also have extensive experience in state aid and public-private partnership (PPP) projects.

Services

• General Advice on Public Procurement
• Advising of the Contracting Entities
• Representing and Advising the Tenderer
• Organizing of Procurement Proceedings
• Preparation of Procurement Documents
• Procurement on the Basis of Exceptions Provided in the Public Procurement Act
• Public-Private Partnership (PPP)
• Preparation and Amendment of Procurement Contracts
• Representation in Public Procurement Disputes in the Review Commission and the Court
• Public Services
• Planning and Construction
• Environmental Law
• State Liability
• Privatization
• Representation in Offence Proceedings Arising from a Procurement
• Healthcare Financing

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Banking and Finance is one of the Cuesta’s key practice areas. Our firm advises on financial law and finance in all matters. We provide legal aid to financing companies and credit institutions, e-money and payment institutions, insurance companies and intermediaries, investment firms and funds. We advise lenders as well as borrowers, in applying for a loan, structuring and securitization.

Cuesta cooperates with financial supervision subjects as well as with the Baltic and European financial supervision authorities. Cuesta experts also have extensive experience in financial law disputes and financial supervision proceedings.

Cuesta advises clients on all compliance and regulatory issues, including activity licenses, cross-border provision of financial services, opening branches of supervised entities, authorization proceedings for agents, prudential requirements, fit & proper issues of managers and owners, etc.

Cuesta advises on fintech and blockchain technology and has considerable practical experience in these fields.

Services

• Banking Regulations and Compliance (incl AML)
• Regulatory and Financial Services
• Payment and Electronic Money Services
• Investment Services
• Investment Funds
• Insurance
• Bond Issue Financing
• Factoring Services
• Leasing
• Initial Public Offer (IPO)
• Private and Venture Capital
• Opening and Closing of Branches
• Securitization of Loan Obligations
• Compliance and Regulatory
• Asset Management
• Formation of Funds
• Project Finance
• Fundraising
• Crowdfunding
• Blockchain Technologies
• Fintech

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Cuesta’s lawyers have advised many clients on data protection issues both before and after the entry into force of the General Data Protection Regulation (GDPR) and implementation after its entry into force.

Cuesta experts have provided advice to Estonian and European companies in bringing their business into line with the new requirements of the GDPR. Cuesta’s lawyers have been involved in workshops on the GDPR and have contributed to a smooth transition to the new regulation. Cuesta advises clients with different economic activities on data protection issues, including industry and equipment sales, medical services, pharmacology, agriculture, fertilizer production, financial services, wholesale and retail trade and others both in web-based and in physical personal data processing.

Services

• Conducting and Advising on a Data Protection Impact Assessment
• Mapping of Data Protection Risks
• Compilation of Internal Data Protection Documentation
• Direct Marketing Requirements
• Data Processing Agreements
• Data Protection in Electronic Means of Communication
• Registration of Processing and Personal Data (register of data processing operations)
• Representation in Data Protection Disputes

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Cuesta advises start-ups from the incorporation and capital raising to the full legal support for a company in all day-to-day business activities.

We help to elaborate and set up all important aspects in the conclusion of the incorporation documents, as well as to regulate the relationships between investors and the company.

Cuesta’s extensive experience with financial technology (fintech), software and digital technology and telecom companies ensures a practical and effective legal support for start-ups.

We provide advice to start-ups on labour and taxation, intellectual property and IT technology, as well as on data protection questions etc. Cuesta advises start-ups on financing, including ICO, private and venture capital issues.

If necessary, Cuesta will provide legal assistance to start-ups under flexible and favourable terms upon agreement.

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Cuesta provides advice on on-going basis to real estate and construction companies on all construction and planning issues. If necessary, we represent and advise the client in relations and communication with local authorities and state organs. We help clients at all stages of real estate development projects, from the initial phase, i.e. general issues, financing negotiations, construction and project management to the preparation of the relevant documentation and contracts.

Cuesta’s lawyers have advised and represented energy companies in relations with network operators and government agencies on various issues. We have versatile practical experience in representing clients in construction and energy disputes.

Services

• Structure of the Real Estate Transactions
• Construction and Development Management
• Financing of Real Estate Transactions
• Territorial Plans
• Planning and Land-use
• Renting, Leasing and Lease-back
• Design Project, Planning and Construction Contracts
• Liability of Contractor and Owner
• Operating Lease
• EU Financing
• Building Permits
• Environmental issues
• Environmental Impact Assessments
• Public Procurement
• Collateral Set-up (mortgages, pledges, etc.)
• Dispute Resolution
• Energy companies
• Infrastructure

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Cuesta advises clients on many various issues related to intellectual property, including preliminary analysis of protection, creation of intellectual property, registration, use of protection, assignment, etc.

Cuesta’s lawyers have significant experience in drafting of contracts on acquisition and transfer of intellectual property. In addition, we have gained solid practical experience in licensing and franchising agreements and permanently advising on their conclusion and execution. We have excellent expertise in stipulation of the special intellectual property terms and conditions in the service and employment contracts.

We have considerable and long-term experience in pre-trial litigation and court proceedings related to intellectual property.

Services

• Copyright and Related Rights
• Development of Intellectual Property Protection Solutions
• Patents
• Trademarks
• Industrial Designs and Databases Utility Models
• Protection of Know-how
• Legal Audit of Intellectual Property
• Brand Assessment
• Data Protection and Privacy
• Transactions with Intellectual Property
• Assignment of Intellectual Property and Confidentiality
• Resolution of Intellectual Property Disputes

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Our lawyers have a long and considerable experience in solving complex disputes in both court and arbitral proceedings.

Cuesta’s dispute resolution practice group lawyers represent clients in all disputes business related to corporate and commerce, regardless of applicable law in civil, administrative or criminal proceedings.

We consider it important to identify all important risks and with foresight take all available measures to mitigate these risks. We strive to find ways to settle a dispute through an out-of-court settlement, assisting the clients in pre-trial and trial negotiations, evidence collection etc. If court proceedings are unavoidable, then, first and foremost pursuing the client’s business goals, we seek for the best solutions for our clients.

Services

• Litigation
• Arbitration
• Administrative and Constitutional Law
• Restructuring and Insolvency
• Economic Crimes
• Administrative and Tax Disputes
• Financial Crimes
• Sports Disputes
• Alternative Dispute
• Resolution
• Mechanisms
• Acknowledgement and enforcement of the foreign judgements

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We represent our clients in all matters related to medical and pharmaceutical law. We have long-term experience in advising medical institutions both in concluding contracts under the law of obligations and in relations with the Health Insurance Fund, including the conclusion of financing agreements for medical treatment. In addition, our specialists have developed standard terms and conditions for online healthcare companies.

Our lawyers have repeatedly represented clients in the Healthcare Quality Expert Committee and in court proceedings.

Services

• Advice on Conclusion and Performance of Treatment Financing Contracts
• Customer Representation at the Health Board and State Agency of Medicines
• Sales and Activity Application and Licensing
• Customer Representation in Expert Committee and Court
• Purchase and Use of Medical Devices

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Cuesta specialists advise clients on tax issues and represent clients in tax disputes. Also, we have experience in tax planning issues. We analyse tax risks and based upon that offer our clients optimal tax solutions in the transactions, investments and recruitment. We represent our clients in challenging the assessment evaluations and administrative acts of the taxation authority (Tax and Customs Board) and represent our clients in tax and customs litigation.

Services

• Tax Planning and Structure
• Tax Disputes

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Cuesta’s lawyers advise clients on all aspects of transport, transportation, logistics and transit in road, rail, sea and air transport.

We have experience in assignments on ship registration, mortgages, arrest, carrier liability, international freight and shipping related issues. In addition, we have experience in dispute resolution in transit and transportation, including respective court proceedings.

Services

• Freight Transport
• Carrier's Liability
• Seizure of Ships
• Ship Encumbrance
• Encumbrance of Railway Vehicles
• Contestation of Transport Documents
• Shipbuilding and Repair
• Registration of Ships
• Acquisition of Ships
• Insurance

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The firm’s lawyers are recognized experts in penal law and law of criminal procedure, who have a wide ranged experience in defending suspects and the accused in criminal proceedings both in pre-trial procedure and court proceedings in all instances. Cuesta defends clients from first proceedings in criminal investigation until the final judgment takes effect. In addition, Cuesta has an extensive experience in representing victims in criminal proceedings as of the commencement of criminal proceedings.

Services

• Developing defensive strategies
• Defence in pre-trial proceedings
• Defence in court proceedings
• Representing the victim in criminal proceedings
• Composing and filing a criminal complaint
• Economic offences
• Tax fraud
• Offences relating to money laundering
• Offences against public trust and offences relating to office
• Offences against property and ownership
• Offences against intellectual property
• Offences relating to competition

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