Delovoy Peterburg newspaper has published the results of the Ninth legal ranking.
The first place went to Roman Kuzmak of Lex Kledere:
A lawyer of law firm Lex Kledere, working for clients based on subscriber contracts, has made it to achieve the leadership in the legal ranking. He implemented in court the legal scheme that provided an opportunity to settle a very nasty business problem in the housing sector.
He brought to the Russian Supreme Court and won there the two disputes related to the conflict around Moscow’s Aspekt Bank where he represented Mikhail Moskalyov, the bank’s beneficiary. In the first case Moskalyov, who holds the shares of JSC Aspekt-Finans through a chain of offshore companies, tried to challenge the decision of a general meeting, where a representative of his offshore company voted on his behalf. The courts of three instances rejected the lawsuit and stated that the plaintiff may not challenge the decisions of general meetings in the companies where the plaintiff is not a direct shareholder. The Supreme Court’s Judicial Chamber recognized that it possible in principle that a final beneficiary of a company, who owns the company’s shares indirectly, may challenge a decision of its general meeting. Moreover on 26 April the Supreme Court considered the second dispute’s principal issue as to whether the same final beneficiary may challenge the deals related to the discharge of the company’s assets. Overall the Supreme Court has reversed the decisions of five instances.
The third place is awarded to Natalia Afanasieva, senior associate at Duvernoix Legal:
A book about Peterhof museum containing the pictures of 48 items from the RF Museum Fund and held by Peterhof was published without the museum’s permission.
Natalia Afanasieva has managed to prove the largest amount of damages for infringement to be collected from Abris Publishing House in favor of the museum, i.e. 200 thousand Rubles (this amount would be payable to the museum shall the official contract have been concluded).
He represented a bank in challenging the division of estates contract entered into by a bankrupt individual entrepreneur and his former wife several years after their divorce. Under this contract, all the family’s estate became the former wife’s own property. The parties started enforcing the contract, i.e. registration of the changes in the property, only after the inception of bankruptcy proceedings. Moreover, they immediately transferred the assets to the third parties. The official receiver of the debtor did not prevent these transactions. The court invalidated the deals and even dismissed the official receiver.
She made it possible for the client that his legal entity was excluded from the register of legal entities for free and without payment of fines and other expenses associated with the liquidation.
He achieved reduction of tax claims for a general contractor, arising out of the tax evasion committed by its subcontractors having characteristics of shadow companies.
He defended the rights of composer Sergey Banevich as to the music in opera “Story of Kaj and Gerda” in 2009 edition in a dispute initiated by a holder of the rights to the opera in 1980 edition.
He has uncovered a complicated money-laundering scheme applied by LLC Orgsvyaz before going into bankruptcy.
By: Pavel GoroshkovAll news
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