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Dispute Resolution and Insolvency practice team at Law Firm Liniya Prava protects clients' interests before state and municipal authorities, including the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation, international commercial arbitration courts and mediation courts, including International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation, central and local authorities, and in negotiations with business partners or competitors.

The success of Liniya Prava's Dispute Resolution and Insolvency practice stems from our expertise in effective application of provisions of the applicable law and knowledge of a settled court practice, as well as our ability to find original solutions to difficult situations for which there is no straightforward approach available.

Clients turn to us for legally considered, economically justified solutions to the most complex issues. We serve our clients' interests, working to ensure they obtain the positive results they expect. Getting our lawyers involved in a dispute shifts the focus of negotiations to the legal issues, avoiding escalation of the conflict. Thanks to the professionalism of our team, many cases are settled out of court.

Corporate disputes

Representation of interests as part of corporate disputes, hostile takeovers, squeeze-out of minority shareholders; protection of company reorganization, recovery of corporate governance, challenging decisions of the management bodies, challenging company’s transactions on corporate grounds, recovery of damages from management bodies, request for production of documents from the issuer.

Representation of interests of Andrey Prokhorov, minority shareholder of TNK-BP Holding, in a dispute over recovery of losses in favour of TNK-BP Holding in the amount of RUB 288 bln from British Petroleum group of companies (BP Russian Investment Limited and BP PLC) in connection with collapse of agreements between Rosneft and BP on joint exploration on Russia’s Arctic shelf

Representation of interests and legal support for companies-members of the investment and insurance group Starr Companies and of the direct investment fund “J.C. Flowers & Co” in judicial disputes in connection with corporate conflict between them and other shareholders and management of Investtorgbank

Protection of interests of a minority shareholder of a company which is a high roller in chemical and petroleum refining industry in connection with a threat of loss of control over shares during corporate dispute and misconduct of majority shareholders and management of an issuer

Antitrust disputes

Preparing legal opinions on compliance with the antimonopoly legislation, representation of clients’ interests in cases involving various types of violation of the antimonopoly legislation, appealing decisions, orders and decrees of the antimonopoly authority.

Protection of interests of Sberbank in a dispute with the FAS Department for the Rostov Region which accused the bank of abusing dominant position consisting in imposing annuity payments to borrowers as a means to repay loans (the FAS considered such payments to be unfavorable for borrowers)

Representation of interests of Eldorado in a dispute between the Division of the Federal Antimonopoly Service of the Russian Federation in the Republic of Tatarstan and a number of major retail chains which were accused of concerted practices aimed at fixing and maintaining retail prices on electronics and home appliances on the territory of Russia

Advising and representation of interests of Kavminkurortresursy in a case over contestation of a decision of the Stavropol Office of the Federal Antimonopoly Service which accused the company of violating the antimonopoly legislation consisting in fixing a monopoly high price for mineral water

Liniya Prava is experienced in cooperating with the leading Russian economists and extensively engages them to participate in disputes with antimonopoly authorities and to provide their opinions on the most complex economic issues arising during consideration of disputes.

Banking disputes

Legal support for transactions connected with credit agreements and bank deposit, suretyshipand pledge agreements (pledge of a real estate, stock-in-trade, securities and equipment). Protection of client’s interests in disputes in connection with recovery of loan proceeds, challenging security interest agreements, changing separate terms of a credit agreement, levying execution on a pledged property and unreasonable debiting of monetary resources.

Representation of interests of Sberbank in a dispute in connection with borrower’s claim for challenging unilateral notice of an increase in credit interest rate due to a sharp rise in key rate

Representation of interests of Sberbank in a dispute over recovery from the bank of more than RUB 300 mln which, in depositor’s opinion, were unreasonably debited from his account on the basis of forged documents

Legal support on representing major Latvian bank Latvijas Krajbanka in numerous disputes over recovery of USD 72 mln and EUR 10 mln which were unreasonably debited by Investbank from client’s account on the basis of forged agreements

Representation of Rusenergo Fund Limited in a dispute with VTB Bank in relation to a lawsuit filed by the bank for recovery of debt secured by pledge of a large share portfolio of generating companies in the total amount of 60 bln rubles

Representation of Sberbank in the Arbitrazh court of Moscow and in the Arbitrazh court of Saint Petersburg and Leningrad region in disputes against the Federal Service for Consumer Rights Protection and Human Welfare which accused the bank of imposing voluntary insurance services during conclusion of credit agreements

Disputes over securities transactions

Representation of interests of securities issuers in disputes connected with restructuring of bonded debts and recovery of debt under it, support on disputes involving unlawful debiting of shares, participation in disputes with rating agencies over downgrading credit rating in violation of procedures stipulated by an agreement. Legal action to have transactions declared invalid and contesting actions by the Bank of Russia in disputes over the registration of issues of shares and their placement and circulation on the securities market; advising on disputes between private pension funds and asset management companies; protecting the interests of brokers and other professional securities market participants in cases involving conflicts of interest; challenging the revocation of licenses.

Support for issuers in disputes over recovery of bonded debt from Sevcable-Holding Group of companies (more than 30 cases in arbitrazh courts and more than 150 cases in courts of general jurisdiction)

Representing the client in disputes over restructuring of a debt of Nutritek group (credits, CLN, Russian rouble bonds)

Legal support for TRANSAERO Airlines in connection with voluntary downgrading of a bond credit rating in violation of procedures stipulated by an agreement, including representation of interests in a court dispute

Representation of interests of Sberbank in a dispute with Federal Financial Markets Service which accused the client, who acted as a broker, of infringing the legislation on conflicts of interest during settlement of bond transactions with Globus-Leasing-Finance and Sevcable-Finance

Real estate & Construction

Advising on disputes over recognition of title and reclamation of property from unlawful possession, withdrawal from the Unified State Register of Rights to Real Estate and Transactions Therewith and restoration of entries into the Unified State Register of Rights to Real Estate and Transactions Therewith, and levy of execution on immovable property. Protecting clients' interests in cases involving obstruction of use of real estate and legalization of structures built without the requisite legal permits. Participation in disputes over coercion of a governmental body to conclude an agreement of sale and purchase of a land plot. Representation in disputes between landlords and tenants over termination of lease agreements, eviction of a tenant, rent collection and unilateral change of terms of lease agreements. Support on disputes resulting from construction contracts.

Representation of interests of Tamanskaya-95 (AFK Systema) in a number of disputes over early termination of contracts for the lease of cottages located in Serebryany bor

Representation of interests of Krasny Prospect Management Company in a dispute with the Federal Agency for State Property Management over requirement to conclude an agreement of sale and purchase of a land plot of more than 2000 ha in area and with cadastral value of RUB 82 mln

Legal support for Latvian bank Reverta (successor to Parex Bank) in connection with levy of execution on non-residential premises in the center of Moscow pledged under credit agreement, including representation of client’s interests in various court proceedings and support on enforcement and insolvency proceedings of a pledger

Representation of interests of Mosstroyvozrozhdenie in a dispute with a small business entity over a building in Moscow due to the fact that, according to such small business entity, it had a preemptive right to privatize such real estate item

Representation of interests of a contractor, Trest Sibkomplektmontazhnaladka, in a dispute with Dulisma Oil Company over the reclamation of more than 140 items of fixed assets (construction equipment, machinery, mobile homes, etc.) from unlawful possession in connection with unlawful restriction of client’s access to construction sites

Representation of a company-member of Hydromashservice group in a dispute with Dulisma Oil Company over recovery of RUB 1 443 514 700 debt under construction contract

Insolvency (bankruptcy)

Representation of interests of creditors, debtors and bankruptcy officers during observation, bankruptcy proceedings and financial rehabilitation, including as part of projects on hostile takeovers or its prevention. Participation in separate disputes over challenging debtor’s transactions involving asset dissipation, challenging acts (omissions) of a bankruptcy officer, recovery of damages from a bankruptcy officer and his removal, challenging settlement agreements and decisions of meetings of creditors, inclusion in a list of creditors. Collection of information and tracing of debtors’ assets, analysis of accounts and financial statements as well as other documentation of a debtor in order to identify asset dissipation transactions.

Legal support on bankruptcy proceedings of Petrostal Metallurgical Plant, primary company of Kirovskiy Zavod group of companies, on the side of Kirovskiy Zavod being bankruptcy creditor and sole shareholder of a debtor during preparation to insolvency proceedings as well as during observation proceedings and financial rehabilitation

Representing interests of RUSNANO in disputes with the Deposit Insurance Agency being bankruptcy officer of Smolensky Bank in relation to several claims to challenge transactions closed before bankruptcy proceedings were initiated amounting to more than RUB 700 mln and in a case over reclamation of property amounting to more than RUB 300 mln

Legal assistance to ENERGO-FINANCE, sole shareholder of Rusenergo Fund Limited which owned stake in Russian generating companies in the amount of about RUB 40 bln, in connection with oncoming insolvency; support on insolvency proceedings, including representation of interests of a debtor and temporary manager, participation in examination of applications for inclusion into a list of creditors, collection of information about debtor and tracing of his assets, assistance with preparation of an analysis of debtor’s financial condition

Support for Moscow Leasing Company Group of companies on bankruptcy proceedings, including establishment of creditor’s claims, organization and conduction of creditors’ meetings with appeal of decisions, successful challenging of debtor’s transactions on dissipation of assets, challenging of a settlement agreement, challenging of acts (omissions) of a bankruptcy officer and his removal as well as recovery of damages from a bankruptcy officer

Support on bankruptcy proceedings of ARMAGEN company on the side of a bankruptcy creditor represented by Latvian bank Reverta (successor to Parex Bank) during observation proceedings, and on the side of a bankruptcy officer during bankruptcy proceedings for the purposes of disposal of debtor’s real estate pledged under credit agreement

Representation of interests of VTB Bank during discussion of a draft law on making amendments into the Law on bankruptcy, including participation in meetings of a working group related to finalization of a draft law in the Russian Ministry for Economic Development, preparation of comments and suggestions to a draft law aimed at protection of interests of the whole banking sector as well as development of a common position of major Russian banks on the final text of a draft law

Intellectual property

Advising and representing of clients’ interests in various disputes connected with intellectual property protection. Disputes in relation to an illegal use of trademarks (including in advertisements), early termination of legal protection of trademarks, challenging non-regulatory acts, decisions and actions (omissions) of the federal government agencies in connection with intellectual property.

Representation of Belyi Krai, one of the largest food producers, in a number of disputes over trademark protection

Representation of interests of an IT company in a dispute involving illegal use of a client’s trademark in online advertisements of Yandex and Google

Representation of interests of Krylya Sovetov LLC in a dispute over protection of a right to Krylya Sovetov trademark

Representation of interests of RODEMOS Research and development center LLC in a dispute over invalidity of an agreement for transfer of exclusive rights to an invention for execution of non-cash financial transactions

We also offer the following services:

Legal case audit (review) for performance evaluation of in-house lawyers and in order to identify any critical errors in tactics or application of the law.

Review of more than 30 court cases handled by the in-house lawyers of AFK Sistema, analysis of case materials, assessment of the chosen legal stance, analysis and assessment of service documents and lawyers’ acts in terms of application of substantive and procedural law

Dispute resolution due diligence of potential or pending proceedings which includes analysis of prospects, identification and assessment of risks, review of documents, preparation of a legal stance, recommendations on possible responses and on how to strengthen the legal stance, development of tactics and protection strategy.

Comprehensive due diligence and preparation of a memorandum in relation to acquisition of assets of Moscow Tyre Plant during insolvency proceedings, including analysis of an insolvency case, analysis of perspectives of the proposed ways to acquire assets, its follow-up revision, development of alternative options

Legal due diligence of potential court disputes which could arise in connection with acquisition of a regional broadband multiservice network (conducted for Mobile TeleSystems)

Comprehensive legal analysis and preparation of a memorandum for ELDORADO on a dispute connected with refusal to use services relating to support of software of one of the leaders of the Russian ERP-systems SAP SE

Analytical services, including preparation of briefings on legislative developments and the latest court practice, articles and comments in the professional literature, round-table seminars and conferences.

Team

Dmitriy Chepurenko Managing partner

Alexey Kostovarov Head of Dispute Resolution and Bankruptcy Practice and Antitrust Practice

Dispute Resolution and Insolvency

Team

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