Tashko Pustina

About the firm

Tashko Pustina stands as one of Albania’s premier law firms. As of 2012 the firm successfully operates also in Pristina, Kosovo. The firm gathers a dynamic team of experienced and energetic lawyers, with a strong focus on the key industry sectors of the country. With more than two decades of active engagement, the partners and associates of Tashko Pustina offer invaluable legal and regulatory advisory services, steering some of most significant transactions and projects in Albania and Kosovo.

The firm combines exceptional legal expertise with deep industry knowledge and creative thinking from a skilled local angle, to provide clients unparalleled commercial legal advice and business solutions. The firm is also well recognised for its litigation and international arbitration practice. The firm’s clients range from multinational enterprises, international financial institutions, to emerging local companies. Tashko Pustina professionals are leaded from common values of integrity, responsibility and persistence in a keen client-service culture.

The firm maintains physical offices in two jurisdictions Albania and Kosovo with a dedicated legal team of 14 professionals.

PRACTICE AREAS

Corporate, M&A

Clients of the firm benefit from the in-depth understanding of the local legal and regulatory framework in across a diverse array of industries, including renewables, telecom, energy and Infrastructure, healthcare, life sciences, banking, fintech, tourism, mining, automotive, aviation, sports, media, and gaming. We provide comprehensive support to both international and local corporations across a wide spectrum of commercial contracts, including those pertaining to manufacturing, supply, maintenance, joint venture, collaborations, partnerships, online terms and conditions, development, licensing, and distribution. We merge our industry and technical expertise with our clients’ business needs. In the M&A practice, we assist both buyers and sellers throughout every stage of the transactions, commencing from bid preparation and conducting legal and tax due diligence for sellers or purchasers, to negotiating transaction documents, acquiring regulatory approvals where needed, and ultimately concluding the deal. We provide advice to our clients across a broad spectrum of structures, encompassing private takeovers, auctions, privatizations, and demergers.

 Financing

Tashko Pustina provides strategic advice to corporations, investment, and development banks on an extensive array of bilateral and syndicated financing and refinancing transactions, encompassing both domestic and international context, including cross - border transactions. In corporate lending we act for both borrowers and lenders in Albania and Kosovo, leveraging our distinctive commercial insight to assess the viability and feasibility of transaction terms. When advising local international and development banks we offer comprehensive assistance in various areas, including review and commenting from the local law perspective of the facility agreements, advising on suitable ways to address issues identified in the long form documentation (reps / undertakings), drafting and negotiation of security documents, advising on all security perfection measures, perfection of securities, corporate approvals of the obligor’s entry into each agreement, issuing capacity opinions on each security provider, enforceability opinions on the local law governed security documents, collecting and verifying local CPs and condition subsequent, and providing support at signing and completion.

 Litigation & arbitration

The firm seamlessly integrates local legal and technical expertise with a global perspective to deliver professional legal services and top-notch representation for clients in both domestic and international courts. Our approach involves meticulous evaluation of clients' business objectives vis-à-vis legal, reputational, and business risks, enabling us to determine whether settlement or litigation procedures are most appropriate. Additionally, we offer guidance on investment structuring for treaty protection. Our team comprises skilled and dynamic individuals with extensive experience in handling local litigation and international arbitration proceedings.

Competition

Tashko Pustina has cultivated a robust competition practice in both Albania and Kosovo. Our partners and associates offer counsel to companies across various sectors, including telecom, energy, infrastructure, banking, healthcare, life sciences, fintech, distribution, and retail, on a range of competition issues, including merger control, competition infringement, and complex agreements. We assist clients in structuring their transactions to mitigate antitrust concerns and advocate on their behalf before competition authorities. Moreover, we collaborate closely with numerous international law firms on multi-jurisdictional filings, providing guidance and representing their international clients in Albania and Kosovo

Tax

The firm's tax department delivers comprehensive tax services, covering areas such as tax compliance, transfer pricing, tax disputes, and post-transaction integration. We provide clients with strategic and innovative guidance on various matters, from M&A transactions and financing to cross-border operations and VAT and excise disputes. Our tax litigation department has a proven track record of successfully navigating complex cases across diverse industries, including telecom, renewables, oil and gas, infrastructure, tourism, gaming, and energy.

 Real estate

With extensive expertise in the real estate sector, Tashko Pustina provides innovative advice and technical expertise to both local and international clients. We prioritize clarity, commitment, and commercial value in our transactions, ensuring our clients' needs are met with precision. Recognizing the competitive nature of the modern real estate landscape and the increasing complexity of deals, our practice encompasses a wide range of services, including acquisition and disposition projects, financing, development projects, leasing, and property management.

Public projects and procurements

Our firm boasts a team of professionals with profound expertise committed to advising both private business organizations and public institutions on all facets of procurements, partnerships, and concessions. We provide representation and counsel to both local and international business entities in preparing bids and offers, as well as to public entities in designing auctions and project documents and negotiating and finalizing project agreements. Our expertise spans across various sectors, including renewables, infrastructure, life sciences and healthcare, telecommunications, and cultural heritage.

Employment

The firm's experts are renowned for their adeptness in providing guidance and assistance to major industries, addressing intricate employment-related challenges daily. We offer counsel to both local and international clients and investors on a wide spectrum of employment, HR, and remuneration matters, including involvement in complex and high-profile projects. With extensive experience in overseeing significant corporate restructuring for Albanian large corporations, we provide advice on collective dismissals and manage collective and individual judicial processes. Moreover, we offer strategic counsel on employment aspects of M&A deals and negotiate management contracts.

 Restructuring

Restructuring and insolvency form a cornerstone of the firm's expertise, with team members offering comprehensive advice tailored to local laws and regulatory frameworks. Embracing a practical and solution-oriented approach, the firm's experts provide in-depth guidance. In Kosovo, our professionals have acted as professional service providers and liquidation administrators for hundreds of socially owned enterprises undergoing liquidation.

Data and data protection

Cyber security and effective data protection management have become extremely important in today’s world with the development of technology and digitalisation. Successful business models now face certain risk in connection with the malmanagement and protection of data. Our team is specialized in data protection laws and regulations, and we support our clients and international companies exposed in Albania and Kosovo markets. We advise our clients in matters such as: compliant data handling, data security and cyber security, employee data protection, data protection compliance, investigations in case of legal breaches, data protection requirements in transactions, data transfer and processing, and data protection requirements and assessments for FinTech.

SECTORS

Renewables

The firm possesses extensive expertise and knowledge in the renewable energy sector. It provides ongoing counsel to international development banks, the Government of Albania, and key international energy producers and developers. In its renewable energy practice, the firm handles a spectrum of matters, including licensing and permits, project development, EPC (engineering, procurement, and construction) and O&M (operation and maintenance), power purchase agreements, financing of renewable projects and securities, balancing, and grid connection agreements.

Telecommunication

The firm has cultivated a prominent presence in the telecom industry, particularly excelling in areas such as regulatory compliance, competition law, M&A transactions, and international arbitration. For the past 16 years, TP has served as the trusted legal advisor to one of Albania's leading telecommunications operators.

Energy & infrastructure

The firm boasts a distinguished track record in energy and infrastructure projects across various sectors in Albania, including oil and gas exploration and exploitation, oil refining, mining, mineral enrichment, infrastructure and transportation, aviation, defence, and the construction and operation of energy facilities. Our expertise spans a range of acquisition projects, concessions, license agreements, as well as financing and refinancing initiatives.

Healthcare & life sciences

As technology advances rapidly and regulatory scrutiny intensifies, the life sciences and healthcare industry encounter a multitude of legal and regulatory challenges. Our team is composed of experts with diverse backgrounds, including legal, medical, and scientific expertise, enabling us to grasp the intricacies of our clients' operating environments. Tashko Pustina offers comprehensive support to clients in various areas, including privacy and data protection, competition, e-health, pricing and reimbursement, public procurements, product liability, employment, regulatory compliance, and M&A. Over the past 15 years, Tashko Pustina has provided counsel to the largest private healthcare provider in both Albania and Kosovo.

Fintech

As participants in the rapidly evolving fintech market introduce innovative ideas, business models, and financial services, regulatory bodies strive to adapt to these transformations within the heavily regulated financial services industry. In our daily operations in Albania and Kosovo, we provide support to both local and international clients as they navigate interactions with local regulators. Our team members blend their deep understanding of the technology sector with a thorough grasp of regulatory frameworks. We have offered guidance to local banks and financial institutions on their technology projects, and we advise some of the most successful global fintech companies operating in our jurisdictions.

Banking

We provide counsel to international and development banks, financial institutions, and companies on local and regional banking transactions. Over the past decade, we have been involved in advising on some of the largest, most intricate, and innovative transactions in the market.

Information, technology, and intellectual property

Tashko Pustina offers pragmatic counsel to local and international technology companies, covering various aspects such as cross-border transactions, intellectual property protection, patents, and litigation. Our expertise also extends to regulatory and compliance matters.

Hospitality & leisure

Given Albania's significant potential in the tourism sector, our firm has been actively engaged in this industry. Our experts possess a deep understanding of the legal issues that arise, providing guidance on various matters such as development, acquisitions, divestments, and contractual arrangements. These arrangements include management agreements, franchises, outsourcing operations, advertising and branding, finance and restructuring, and joint ventures. Our client base comprises hotel owners, managers, and developers.

Automotive

The automotive industry has witnessed substantial changes and transformations over the past decade, particularly in the adoption of new technologies. In Albania and Kosovo, our practice provides comprehensive legal support covering data protection, intellectual property rights, M&As, regulatory compliance, and antitrust matters.

Other sectors include retail, food & beverages, aviation, mining, shipping, defence, sport, media, entertainment and gaming.