Legal
Points
Realized projects
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Realized projects
Case №1
Supporting the purchase of a large logistics complex in the town of Klin
Solution
Challenge
The seller’s representations and warranties in the wording proposed by the buyer have been agreed. The contract of sale and purchase of real property has been concluded.
Objective
It was necessary to agree on representations and warranties to protect the buyer from misrepresentations by the seller regarding the seller’s financial condition and the subject matter of the contract.
To conduct a full legal due diligence of the parties, the subject matter of the transaction and the objects. To work out the terms of representations and warranties in accordance with Article 431.2 of the Civil Code of the Russian Federation, taking into account the specifics of the transaction.
Solution
Challenge
The seller’s representations and warranties in the wording proposed by the buyer have been agreed. The contract of sale and purchase of real property has been concluded.
Objective
It was necessary to agree on representations and warranties to protect the buyer from misrepresentations by the seller regarding the seller’s financial condition and the subject matter of the contract.
To conduct a full legal due diligence of the parties, the subject matter of the transaction and the objects. To work out the terms of representations and warranties in accordance with Article 431.2 of the Civil Code of the Russian Federation, taking into account the specifics of the transaction.
Inclusion in the register of creditors' claims of a debtor (an individual) for more than 4 billion roubles.
Case №2
Solution
Challenge
We managed to include our client’s claims for more than 4 billion roubles in the register of creditors' claims of a debtor (an individual). We managed to defend the position that claims for subsidiary liability and claims based on a civil law contract are not single claims — each claim has independent significance.
Objective
The debtor attempted to drag out a separate dispute over inclusion in the register of creditors' claims. The debtor also insisted that the claims brought against the debtor (an individual) on the basis of the surety agreement and on the basis of the court act on bringing to subsidiary liability, cannot be claimed simultaneously, as the claims have the character of double financial liability.
Include our client’s claims for more than
4 billion roubles in the register of creditors' claims of a debtor (an individual). Prevent the process of consideration of a separate dispute over inclusion in the register of creditors' claims from being delayed.
4 billion roubles in the register of creditors' claims of a debtor (an individual). Prevent the process of consideration of a separate dispute over inclusion in the register of creditors' claims from being delayed.
Solution
Challenge
We managed to include our client’s claims for more than 4 billion roubles in the register of creditors' claims of a debtor (an individual). We managed to defend the position that claims for subsidiary liability and claims based on a civil law contract are not single claims — each claim has independent significance
Objective
The debtor attempted to drag out a separate dispute over inclusion in the register of creditors' claims. The debtor also insisted that the claims brought against the debtor (an individual) on the basis of the surety agreement and on the basis of the court act on bringing to subsidiary liability, cannot be claimed simultaneously, as the claims have the character of double financial liability.
Include our client’s claims for more than 4 billion roubles in the register of creditors' claims of a debtor (an individual). Prevent the process of consideration of a separate dispute over inclusion in the register of creditors' claims from being delayed.
Support of a transaction to buy out lease rights to land plots for construction of a residential complex in the Moscow region
Case №3
Solution
Challenge
Our recommendations on the structure of the transaction allowed the client to achieve the desired outcome. The client concluded the transaction and started the project implementation.
Objective
The following negative factors were identified: encumbrance of lease rights, arrears on lease payments, bans on registration actions.
To conduct full legal due diligence of the parties, the subject matter of the transaction and the lease objects. Accompany transactions up to the registration of the transfer of lease rights to the client.
Solution
Challenge
Our recommendations on the structure of the transaction allowed the client to achieve the desired outcome. The client concluded the transaction and started the project implementation.
Objective
The following negative factors were identified: encumbrance of lease rights, arrears on lease payments, bans on registration actions.
To conduct full legal due diligence of the parties, the subject matter of the transaction and the lease objects. Accompany transactions up to the registration of the transfer of lease rights to the client.
Case №4
Recovery of loss of profit in the London Court of International Arbitration (LCIA) in the amount of EUR 2 million
Solution
Challenge
We managed to convince the LCIA that the contract should be interpreted in favour of our client. The decision was in favour of the pharmaceutical company.
Objective
Our client’s counterparty unlawfully terminated a distribution agreement.
To defend the interests of a pharmaceutical company in a dispute over the recovery of loss of profit.
Solution
Challenge
We managed to convince the LCIA that the contract should be interpreted in favour of our client. The decision was in favour of the pharmaceutical company.
Objective
Our client’s counterparty unlawfully terminated a distribution agreement.
To defend the interests of a pharmaceutical company in a dispute over the recovery of loss of profit.
Case №5
Case on recovery of legal costs
Solution
Challenge
The costs were recovered in full in the amount of RUB 5,295,913.00. Currently, the amount of court costs recovered is the largest amount that has been subject to recovery by courts in the Russian Federation.
Objective
The claimed amount of expenses incurred was RUB 5,295,913.00. The courts usually substantially reduce the amount of the claimed court costs.
To recover the legal expenses incurred by the Client in the case for the establishment of a perpetual easement.
Solution
Challenge
The costs were recovered in full in the amount of RUB 5,295,913.00. Currently, the amount of court costs recovered is the largest amount that has been subject to recovery by courts in the Russian Federation.
Objective
The claimed amount of expenses incurred was RUB 5,295,913.00. The courts usually substantially reduce the amount of the claimed court costs.
To recover the legal expenses incurred by the Client in the case for the establishment of a perpetual easement.
Case №6
Exclusion from the register of claims of a creditor affiliated with the bankruptcy trustee
Solution
Challenge
The claims of a creditor affiliated with the bankruptcy trustee were excluded. This case was one of the first to apply the new position of the Constitutional Court (Decision of the Constitutional Court of the Russian Federation dated 16.11.2021 N 49-P).
Objective
Exclusion from the register was complicated by the fact that the inclusion in the register of claims of a creditor affiliated with the bankruptcy trustee occurred more than 2 years ago. The deadlines for appealing court acts were missed.
It is in the client’s interests in a bankruptcy case to exclude claims of a creditor affiliated with the bankruptcy trustee from the debtor’s creditor claims register.
Solution
Challenge
The claims of a creditor affiliated with the bankruptcy trustee were excluded. This case was one of the first to apply the new position of the Constitutional Court (Decision of the Constitutional Court of the Russian Federation dated 16.11.2021 N 49-P).
Objective
Exclusion from the register was complicated by the fact that the inclusion in the register of claims of a creditor affiliated with the bankruptcy trustee occurred more than 2 years ago. The deadlines for appealing court acts were missed.
It is in the client’s interests in a bankruptcy case to exclude claims of a creditor affiliated with the bankruptcy trustee from the debtor’s creditor claims register.
Case №7
Protecting the interests of the debtor’s former spouse in a bankruptcy case
Solution
Challenge
The financial receiver’s application was refused, and the property of the debtor’s former spouse was not included in the bankruptcy estate. The court found that the property of our client is not property jointly acquired in marriage with the debtor.
Objective
The financial receiver of the client’s ex-husband filed an application to include the property of the debtor’s ex-wife (our client) in the bankruptcy estate. It was necessary to confirm the reality of the divorce between the spouses, as well as to prove that there were no grounds for recognizing the property owned by the former wife as jointly acquired property with the debtor.
A client (former spouse of a debtor) has set a task to protect assets owned by her in a bankruptcy case of her former spouse. The assets owned by the client are not assets jointly acquired with the debtor during the marriage.
Solution
Challenge
The financial receiver’s application was refused, and the property of the debtor’s former spouse was not included in the bankruptcy estate. The court found that the property of our client is not property jointly acquired in marriage with the debtor.
Objective
The financial receiver of the client’s ex-husband filed an application to include the property of the debtor’s ex-wife (our client) in the bankruptcy estate. It was necessary to confirm the reality of the divorce between the spouses, as well as to prove that there were no grounds for recognizing the property owned by the former wife as jointly acquired property with the debtor.
A client (former spouse of a debtor) has set a task to protect assets owned by her in a bankruptcy case of her former spouse. The assets owned by the client are not assets jointly acquired with the debtor during the marriage.
Case №8
Inadmissibility of using an application for subsidiary liability for the purpose of reviewing judicial acts in a bankruptcy case
Solution
Challenge
The client’s claims were retained in the debtor’s creditors' register. Our lawyers also prevented the reversal of the execution of judicial acts. In the court decisions, the courts stated that it was not permissible to use the mechanism of bringing to subsidiary liability for the purpose of abusing the right.
Objective
In a number of bankruptcy cases involving the principal debtor and its guarantors, affiliates of the beneficiary filed applications for subsidiary liability. The purpose of the applications filed by the opponents is to review the court acts on the inclusion of our client’s claims for more than 1.5 billion roubles in the debtor’s creditor claims register.
To prevent the review of judicial acts on inclusion of our client’s claims in the debtor’s creditor claims register and to prevent the reversal of the execution of judicial acts, as our client’s claims were partially settled.
Solution
Challenge
The client’s claims were retained in the debtor’s creditors' register. Our lawyers also prevented the reversal of the execution of judicial acts. In the court decisions, the courts stated that it was not permissible to use the mechanism of bringing to subsidiary liability for the purpose of abusing the right.
Objective
In a number of bankruptcy cases involving the principal debtor and its guarantors, affiliates of the beneficiary filed applications for subsidiary liability. The purpose of the applications filed by the opponents is to review the court acts on the inclusion of our client’s claims for more than 1.5 billion roubles in the debtor’s creditor claims register.
To prevent the review of judicial acts on inclusion of our client’s claims in the debtor’s creditor claims register and to prevent the reversal of the execution of judicial acts, as our client’s claims were partially settled.
Case №9
Protecting the client’s business reputation by recognition of a legal fact
Solution
Challenge
A successful way of protecting the client’s business reputation through other legal remedies — recognition of a legal fact — was chosen.
Objective
The dissemination of information took place in the messenger Telegram. It was not possible to identify the persons who were defendants in this case. The maintenance of the Telegram channel is anonymised.
Protect the client’s business reputation from information that is untrue and defamatory to the client’s business reputation.
Solution
Challenge
A successful way of protecting the client’s business reputation through other legal remedies — recognition of a legal fact — was chosen.
Objective
The dissemination of information took place in the messenger Telegram. It was not possible to identify the persons who were defendants in this case. The maintenance of the Telegram channel is anonymised.
Protect the client’s business reputation from information that is untrue and defamatory to the client’s business reputation.
Case №10
Case concerning the establishment of an easement
Solution
Challenge
A second and additional expertise was appointed. The expert examinations confirmed our client’s position, which ultimately contributed to a decision in his favour.
Objective
The first expert examination was not in favour of our client. It was extremely important to convince the court that the first expert examination had been carried out incorrectly, so it became necessary to appoint a second and additional expert examination.
To establish a perpetual easement on a land for laying power lines required by our client for the purpose of using real property owned by our client.
Solution
Challenge
A second and additional expertise was appointed. The expert examinations confirmed our client’s position, which ultimately contributed to a decision in his favour.
Objective
The first expert examination was not in favour of our client. It was extremely important to convince the court that the first expert examination had been carried out incorrectly, so it became necessary to appoint a second and additional expert examination.
To establish a perpetual easement on a land for laying power lines required by our client for the purpose of using real property owned by our client.