Selected Projects in 2015
Cliff attorneys successfully defend client in dispute with employee
In December 2014, a client approached us with a question: “What do I do if an employee is not doing his/her job, but threatens to disclose information about our business processes that may raise questions with tax and other authorities if I fire him/her?” The employee wanted a seven-figure payout in exchange for silence. The project finally wrapped up on 18 March 2015.
After engaging in lengthy negotiations, amending the client’s internal regulations and developing a carefully crafted strategy for the client’s employment dispute, our specialists were able to:
- Eliminate the employee’s unjustified demands, including the demand for seven-figure compensation.
- Defend and review the client’s internal business process that, while lawful, required corrections.
- Amend and draft new internal regulations to prevent employees from making similar demands in the future.
- Obtain a finding from the State Labor Inspection Office that the employer’s actions with respect to this employee and its internal regulations are lawful and that our client committed no violations.
Companies that take the time to draft smart, up-to-date internal regulations can win or prevent most employment and labor disputes.
Client saves RUB 3,763,313.40 in liability case
Cliff attorneys successfully represented the respondent in a complex case where there was absolutely no precedent.
The claimant filed suit to collect damages it incurred under the Agreement on the Oil and Gas Industry and Construction of the Oil and Gas Complex of Russia for 2011-2013.
Specifically, the claimant had to pay compensation to the family of an employee who died in a traffic accident, even though an investigation found that the driver of the second vehicle, owned by the respondent, was at fault in the accident. As the owner of a source of increased danger, the respondent had already voluntarily paid the same amount in full to the family of the deceased.
Litigation in this case involved provisions of employment and labor law (including social partnership and workplace accidents) and provisions of civil law (grounds for liability, delict). Cliff Law Firm attorneys formulated a reasoned legal position that was accepted by courts at two levels.
The client’s interests were protected and the claims were denied.
Client successfully disputes cadastral value of real property
Cliff attorneys successfully argued on the client’s behalf with the Federal Registration Service’s commission to review disputes concerning the cadastral value of real property.
As a result, the cadastral value of the property in question was reduced 42% to market value and the client saved RUB 475,000 in 2014.
The Federal Registration Service began to change its practices for reviewing property value disputes in 2014. In previous years, the commission rejected 99% of requests for review of cadastral value, so companies filed disputes with the commission as a formality before going to court.
Now, however, the commission is beginning to approve more of those requests.
Under certain circumstances, we hope that companies will be able to dispute the cadastral value of their real property without filing lawsuits in court.
Client collects debt from dishonest counterparties
Cliff attorneys helped a client win its case in Moscow Arbitrazh Court to recover debts for 74 leased vehicles.
Our attorneys collected sufficient evidence that the vehicles were leased, used and returned. As a result, the court found in favor of our client.
The client collected the debt and a penalty for improper performance of obligations.
Lending institution with 100% foreign capital successfully reorganized
Cliff Law Firm prepared documents for the Bank of Russia’s Department for Lending.
Institutions Licensing and Financial Restructuring to register shares of the bank established as a result of the reorganization.
Following registration of the new bank, the share issue report was also successfully registered.
Medical institution successfully defended from Federal Antitrust Service claims that would have prevented it from purchasing certain medical supplies
Cliff attorneys prepared reasoned objections to the claims filed by the Federal Antitrust Service office in Moscow, and the claims were judged to be unfounded.
As a result, the medical institution will receive timely shipments of the vital supplies it uses to diagnose and treat patients with blood clots in the pulmonary artery.
The client in this case was represented by Veronika Kazakevich, Head of Civil Law Practice.