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Elena-Madalina Ivanescu
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Date of birth: July 26th, 1980
Telephone number: 0724.262.549
Nationality: Romanian
E-mail: ivanescu.madalina@gmail.com
Professional experience:
February 2012 to present
“Elena-Madalina Ivanescu” Law Office
In-house lawyer for Telekom Romania Mobile Communications SA (former Cosmote Romanian
Mobile Telecommunications SA), member of Deutsche Telekom International Group, and for
Telemobil SA (Zapp);
Responsible for rendering legal assistance to the clients with respect to various litigation cases,
including Customer Protection related litigation, Real Estate related litigation, Administrative
litigation, Fiscal litigations, Labor litigation, Insolvency and various Commercial disputes;
performing the specific necessary activities for the course of the dispute and litigation cases,
inclusively: planning the strategy to be followed for the various dispute and litigation cases;
drafting the legal documents and deeds and pleading in front of the courts (e.g. claims,
statements of defence, claims with regard to the enforcement procedure, appeals, second appeals,
settlement agreements, etc.); drafting and providing the Clients with multiple written documents
(legal analyses and opinions) with regard to the proposed strategy and chances of success
(evaluation of the sustainability of the case) and with regard to the legal actions provided by the
Romanian law for various claims, etc.
Responsible for rendering legal assistance to the clients in the negotiation and closing of
contracts (especially on procurement contracts (goods, services and workings)); drafting
regulations for procurement of goods, services and workings; drafting memoranda, legal
analyses and written documents regarding the applicability of the legal provisions for the
Procurement Department; legal assistance provided to the Clients during the execution of the
contracts with regard to the interpretation and applicability of the contractual clauses;
Responsible for rendering legal assistance to the clients on matters of Real Estate; performing
various legal audit activities, respectively the legal analyzes of the ownership titles with regard to
the lands and buildings (inclusively with regard to the cadaster, the technical, economical and
urbanistic regime) and legal analyses of the companies; drafting lease/easement agreements and
legal opinions regarding the applicability of the legal provisions for the Roll Out Department of
the Clients; drafting and providing the Clients with memoranda, legal analyses and various
written documents with regard to the Law on Planning and Construction and to the practice of
the Romanian authorities in the such fields; drafting and providing the Clients with memoranda,
legal analyses and written documents with regard to the various issues of the Real Estate and
Property Law;
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Responsible for rendering legal assistance to the Clients on matters of fiscal legislation and of
enforcement proceedings; providing the Clients with memoranda, legal analyses and written
documents with regard to various issues related to the Clients’ activities, such as publicity (the
applicability and application of Law no. 148/200 regarding the publicity), electronic
communication (the applicability and application of electronic communications legislation which
governs the activities of the mobile networks operators), etc.
Drafting the complains to be submitted to the Romanian Advertising Council and the statements
containing the official position of the clients in front of the Romanian Advertising Council;
September 2009 to February 2012
NestorNestor Diculescu Kingston Petersen (NNDKP)/ Bucharest, Romania
Associate (Dispute Resolution Department);
Responsible for rendering legal assistance to international and domestic clients with respect to
various disputes and litigation cases – including real estate related litigation, consumer protection
related litigation, insolvency and various commercial disputes; performing the specific necessary
activities for the course of the dispute and litigation cases, inclusively: planning the strategy to be
followed for the various dispute and litigation cases; drafting the legal documents and deeds and
pleading in front of the courts (e.g. claims, statements of defence, claims with regard to the
enforcement procedure, appeals, second appeals, settlement agreements, etc.); drafting and
providing the Clients with multiple written documents (legal analyses and opinions) with regard
to the proposed strategy and chances of success (evaluation of the sustainability of the case) and
with regard to the legal actions provided by the Romanian law for various claims, etc.
December 2007 to September 2009
Ciurtin, Brasoveanu and Associates/ Bucharest, Romania
Associate (Dispute Resolution Department) - February 2009 to September 2009;
Responsible for rendering legal assistance to international and domestic clients with respect to
various disputes and litigation cases – including real estate related litigation, challenging of
public procurement tenders for various infrastructure projects, and various commercial disputes.
Associate (Real Estate Departments) - December 2007 to February 2009;
Responsible for rendering legal assistance to international and domestic clients on matters of
Real Estate and Property Law, corporate/company law and financing projects; performing
various legal audit activities, respectively the legal analyzes of the ownership titles with regard
to the lands and buildings (inclusively with regard to the cadaster, to the technical, economical
and urbanistic regime) and legal analyses of the companies; drafting Real Estate Due Diligence
report ; drafting sale-purchase agreements and lease/easement agreements; responsible for
rendering legal assistance to the clients in the negotiation and closing of sale-purchase
agreements, lease/easement agreements; drafting and providing the Clients with memoranda,
legal analyses and various written documents with regard to the Law on Planning and
Construction and the practice of the Romanian authorities such fields; drafting and providing
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the Clients with memoranda, legal analyses and written documents with regard to the various
issues of the Real Estate and Property Law and of the fiscal legislation.
February 2005 to December 2007
Danescu Danescu and Associates/Bucharest, Romania
Associate;
Responsible for rendering legal assistance to international and domestic clients with respect to
various disputes and litigation cases – including real estate litigation, labor litigation and various
commercial disputes; performing the specific necessary activities for the course of the dispute
and litigation cases, inclusively: planning the strategy to be followed for the various dispute
resolution cases; drafting the legal documents and deeds and pleading in front of the courts (e.g.
claims, statements of defence, claims with regard to the enforcement procedure, appeals,
recourses, settlement agreements, etc.); drafting and providing the Clients with multiple written
documents (legal analyses and opinions) with regard to the proposed strategy and chances of
success (evaluation of the sustainability of the case), with regard to the legal actions provided by
the Romanian law for various claims, etc.
Responsible for rendering legal assistance to international and domestic clients on matters of real
estate (the recovery of properties under the provisions of Law no. 10/2001), employment law, tax
law, financing projects and mergers and acquisition.
MEMBERSHIP OF PROFESSIONAL BODIES
Member of Bucharest Bar Association since February 1st, 2005.
EDUCATION
Academic Studies and Post-Graduate Training
2005 - 2006 Nicolae Titulescu University of Bucharest/Faculty of Law
Master of Business Law (LLM) – Banking Financial and Insurance Law
2005 - 2006 The National Institute for Lawyers’ Qualification and Improvement – The National
Association of the Romanian Bars
Graduation Diploma
2000 - 2004 University of Bucharest/Law Faculty
Law Degree
1995 – 2000 Scoala Normala “Matei Basarab”, Ramnicu Valcea
Professional certificate of school master and pre-school education;
Ministry of Education and Research “Certificate of Linguistic ability” English.
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LANGUAGE ABILITIES
English: advanced (reading, written, speaking)
French: medium (reading, written, speaking)
AREAS OF PRACTICE
Litigation
Successfully represented international and domestic clients in front of Romanian courts/arbitration
panels in relation to court proceedings covering a wide range of disputes (including Real Estate related
litigation, Consumer Protection related litigation, Administrative litigation, Labor litigation, Insolvency
and various Commercial disputes, Fiscal litigation);
Planning of the case strategy and defence;
Drafting and presenting before court an extensive array of documents required during courts
proceedings (e.g., pleadings, statements of defence, requests for enforcement of court awards, appeals
and second appeals and interim injunctions, settlement agreements, etc.);
Drafting legal opinions and/or memoranda on various legal matters related to the specific litigation cases
(e.g., ascertaining chances of success and disputable or weak points and arguments of various cases,
presenting to the client the available options under the Romanian law for making specific claims, etc.);
Performance of exhaustive legal research in view of identifying pertinent European and Romanian
doctrine or case-law on various disputable legal matters related to court cases;
Management of court files and proceedings on an independent basis;
Strong client relationship skills.
Real estate
Performed due diligence investigations (on title to real estate and companies) and drafted due diligence
reports for domestic and international clients;
Advised clients during process of acquisition or sale of real estate, ensured structuring of such
transactions (including transactions to be implemented via Romanian and foreign holding vehicles);
supported the client during negotiation with sellers/buyers;
Drafted and assisted clients during negotiation of an extensive array of contracts related to real estate
transactions, including lease/easement agreements; escrow account agreements, management and
development services agreements;
Drafted legal opinions regarding the applicability of the legal provisions for the real estate law matters;
Acquired good knowledge on negotiation of the sale-purchase agreements and of the lease agreements
for office and retail spaces;
Acquired good knowledge of Romanian Law on Planning and Construction and urbanism practice by
advising the clients with respect to urbanism matters related to their projects;
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Acquired good knowledge of landed property legislation and practice by advising clients with respect to
landed property matters related to their real estate projects;
Commercial & Corporate
Drafted and assisted the client during negotiation of an extensive array of procurement contracts
concluded with international and domestic providers;
Drafted legal opinions regarding the applicability of the legal provisions for procurement area;
Drafted complains to be submitted to the Romanian Advertising Council and statements containing the
official position of the client in front of the said authority regarding the intimates submitted by third
parties claiming the breach of the Code of Advertising Practice and the Law no. 148/2000 regarding
advertising.
OTHER SKILLS AND COMPETENCIES:
English formal writing skills, legal English communications skills;
Strong Microsoft Office skills;
Strong PC usage skills;
Strong skills of assessment and diagnosis on complex test cases;
Creative thinking and problem-solving skills;
Powerful analytical skills;
Strong observational skills;
Good communication and social skills;
Good negotiation skills;
Efficiency in team work;
Result oriented;
Good organizational skills;
Flexibility;
Attention to details.
DRIVING LICENCE: B category 1998
ADDITIONAL INFORMATION: References can be provided if necessary.