Ioana Salajanu
Arbitration/Mediation/Litigation: First Chair litigation, arbitration and or mediation in multi million-dollar matters involving governments:
- Foreign Sovereign Immunity Act (“FSIA”); State Aid matters, European Union laws, directives, orders,
opinions, injunctions, involving litigation at the Court of Justice of the European Union (“CJEU”), International Centre for Settlement of Investment Disputes,(“ICSID”), ICSID arbitration award matters, between States and Nationals of Other States, Bilateral Investment Treaties (“IBTs”), Treaty on the European Union (“TEU”), Treaty on the Functioning of The European Union (“TFEU”), United Nations The United Nations Commission on International Trade Law (“UNCITRAL”), United Nations Convention on Transparency in Treaty-based Investor-State Arbitration (New York, 2014) (the “Mauritius Convention on Transparency”); Hague Convention; assessment of negotiations of default of sovereign state on investment loans; defense of governments based personal and subject jurisdiction, immunity defenses, imposition of sanctions against sovereign state, permissible attachment of foreign assets; viability and enforceability of ex parte judgment and default judgments against sovereign states; - Represent athletes before Tribunal Arbitral Du Sport (“TAS”) (Court of Arbitration for Sport) in Lausanne, Switzerland and disciplinary panels involving disputes on sponsorship, media rights, agency contracts, athlete transfers and competition injuries. Defends disciplinary matters involving doping disputes per the World Anti-Doping Code (“WADA”) and several WADA international standards
Guide and advise sports stakeholders on compliance and governance issues, investigations and alleged misconduct; - Intellectual Property misappropriation, prosecution and defense;
- Transportation non-compliance and regulatory matters, financial detriment arising from cargo loss and damage, fines incurred for the failure to comply with the application government regulations and shipping laws; liability disputes during the transportation process; financial losses as a result of shipment delays;
- Commercial disputes between members or shareholders, breach of security and collateralization agreement disputes, contract claims;
- City, government and municipal regulatory and compliance actions.
Corporate/Transactional: Counsel and draft documentation in favor of midsize companies in daily corporate matters and transactions in order to effectively avoid litigation and ensure compliance:
- Advise, negotiate and draft all relevant documents for international and national mergers and acquisitions, stock sales and purchases, sale of assets;
- Counsel, negotiate and draft all relevant documents in reverse triangular mergers;
- Draft, advise and negotiate on software development, licensing and maintenance, e-commerce transactions; sale of businesses with significant intellectual property assets; software licensing; hosting; maintenance and support; software as a service (SaaS); hosted services; colocation; software development; master software licenses and related statements of work; integrated hardware and software purchases and licenses; source code escrow; website development; website terms and conditions and privacy policies;
- Blockchain technology, working in collaboration with a team of advisors to counsel private cryptocurrency entities on all fund formation, regulatory compliance and market terms; preparing offering documents for new private cryptocurrency funds, including private placement memoranda, limited partnership agreements and subscription agreements;
- Counsel, guide and draft legal opinions on international trade agreements NAFTA, GATT, GATS, TRIPS, Doha Declaration, TRIMS, WTO Subsidies and Countervailing Measures Agreement, Berne Convention for the Protection of Literary and Artistic Works and Paris Convention for the Protection of Industrial Property;
- Draft and negotiate supply, distribution and licensing agreements, non-circumvention, non compete, non solicitation, franchise agreements, acquisitions and sales, and secured financing agreements, OEM agreements, distributor /reseller agreements, commercial triple net leases; condominium declarations, operating agreements, bylaws;
- Draft loan agreements, collateralization agreements, mortgages, notes, guaranties;
- Counsel and guide the formation, operations, modification, division and dissolution of all types of corporations, partnerships, liability companies, limited partnerships, general partnerships, joint ventures or contractual arrangements; structure of entities with focus on tax implications;
- Advise on fiduciary duty, executive compensation programs, ownership issues, control disputes, related-party transactions; dissolution of entities and separation of structures;
- Guide and devise debtor work out in insolvent circumstances, structuring debtor release of personal deficiency and restructuring debt; negotiate and document revolvers, distressed assets, acquisition finance, leasing and credit documents, and drafting all relevant documents;
- Advise on trademarks, provide clearance opinions for trademark filings, preparing copyright and trademark applications and prosecuting matters in the United States Patent and Trademark Office;
- Advise on licensing matter for companies including federal and state licenses and maintain compliance with regulations and offers representation in dealing with non-compliance issues with government regulatory agencies such as Department of Revenue, Illinois Commerce Commission (Leasing, Licensing & Permits), US DOT/FMCSA (Leasing, Licensing & Permits), Secretary of State, Department of Labor, Illinois Department of Employment Security (IDES), United States Patent and Trademark Office (USPTO).
- Propound and respond to due diligence and legal opinions on asset purchases and stock purchases and sales.
Partner
Education
LOYOLA UNIVERSITY CHICAGO SCHOOL OF LAW – Chicago, IL
Juris Doctor, May 2000
Passed Qualified Lawyers Transfer Scheme (QLTS) for UK
August 2021
UNIVERSITY OF MICHIGAN – Ann Arbor, MI
Bachelor of Arts in Political Science, May 1996
Languages
English (Fluent), Romanian (Fluent), French (Intermediary), Spanish (Basic)
Admissions
- United States District Court for the Northern District of Illinois
- United States District Court for District of Columbia
- United States District Court for the Southern District of New York (pro hac vice)
- United States District Court for the Western District of Washington (pro hac vice)
- United States Court of Appeals For the Second Circuit ( New York)
- United States Court of Appeals District of Columbia
- United States Court of Appeals For the First Circuit (Illinois)
- United States Court of Appeals For the Second Circuit (Illinois)
- Circuit Court of Illinois
News mentions
Given the complex nature of her cases, Ioana is usually mentioned in various legal new articles. Below, is a demonstrative, not all-inclusive list of the articles mentioning Ioana, which spans beyond 100:
- Mentioned, Law360, August 20, 2015, Rift Among US Courts in Enforcing Int’l Arbitration Awards
- Mentioned, Law360, January 21, 2016 Romania’s Bonds Off-Limits for Paying $250M Arb. Win
- Mentioned, Law360, Feb 5, 2016, “EU Tells 2nd Circuit $200M Award is Based on Illegal Treaty”
- Mentioned March 15, 2016 “ Investor Says Romania to Blame for Bitter 53k Discovery”
- Mentioned, Law360, March 31, 2016, “ICSID Nudges Romania on $250 M Award for Swedish Brothers”
- Mentioned, Law360, May 10, 2016 Failure To Confer In Good Faith Bars Attys Fees, Court Told”
- Mentioned, Law360, August 31, 2016, “2nd Circuit Mulls Enforcement of $250M Award Against Romania”
- Mentioned, Law360, October 23, 2017, “ 2nd Circ. Tosses Enforcement Of $250M Award On Romania”
- Mentioned, Law360, April 12, 2018 Romania Says Botched Service Dooms $250M Award Row”
- Mentioned Chicago Whose to Watch 2018, mentioned as an up-and-coming Chicago attorney and leader in the community.
- Mentioned, Law360, July 13, 2018 “Romania Says It Already Paid Outstanding $250M Award”
- Mentioned, Law360, April 24, 2020 EU Wants In on #356M Romania Arbitral Award Suit
- Mentioned, Law360, March 22, 2021 Investors Can’t Get Quick Win In $356M Award Fight
- Mentioned, Mealey’s Litigation Procedure, 18 May 2021 “Court Erred By Ruling Payment In Romania Didn’t Satisfy Award, D.C. Circuit Told,”
- Mentioned, Law360, May 19, 2021 “Romania Says It Already Paid Swedish Food Investors’ Award”
- Mentioned, Law360, July, 28, 2021, “Romania Fights $2.9M Sanctions In Investor $356M Award Suit”
- Mentioned, Appellate Law360, Food & Beverage Law360, and International Arbitration Law360, 19 May 2021 “Romania Says It Already Paid Swedish Food Investors’ Award,”
Mentioned Law360, February 10, 2022, “Romania Misreads ECJ Ruling in Arbitral Row, Investor Say,” - Mentioned, Investment Arbitration Reporter, 7 March 2022, “Romania Requests Interpretation of 2013 Micula Award in Light of Ongoing US Enforcement Proceedings,”