Our clients come from various countries and business industries, including top-tier companies such as ING Bank, Piraeus Bank, Citigroup, AXA Insurance, ZTE Corporation, British American Tobacco, Readers Digest, OTP Group, Sisicam Group, Kantar TNS. We support companies in various aspects of business activity, providing representation as well as advice. Our focus is on representation in courts and risk management consultancy.
We also assist individuals – residents of Ukraine and other countries, on various issues on both business and private matters but first of all in the sphere of advocacy and litigation. Along with Ukrainians, our clientele included residents of the USA, Canada, the UK, China, Saudi Arabia, Israel, Turkey.
Our representative cases in 2021:
In the Commercial Court of Cassation, we have won a case for termination of the mortgage that was made in favor of a bank that happened to be located in Crimea, on the territory not controlled by Ukraine because of the Ukrainian-Russian crisis. State Deposit Guarantee Fund acted as our opponent in this case, who attempted to enforce the debt of a third party against the property of our client. We have obtained judgments in favor of our client in all of the three instances of the commercial courts by proving grounds for termination of the mortgage.
In the Civil court of the first instance, we have won a case on refuting the information published by a news agency. In this case, we defended a journalist, author of the publication. A public person (member of parliament) was our opponent. We have proven that there were no grounds for the refutation of the published information.
In the Administrative court of the first instance, we have won a case for obliging the State Customs Service (the SCS) to repay excessively paid customs duties to our client. We won three more similar cases in 2020-2021, in all instances of the Administrative courts. In the cases considered by the Administrative Court of Cassation, we have also represented our client (a leading global tobacco products producer) in the executive procedures and provided for the factual enforcement of the judgments against the SCS. Multi-million funds were repaid to our client from the state budget.
In the Administrative Court of Cassation, we have won a case for cancellation of the National bank`s decision to disapprove the Chairman of the Supervisory board of the State Savings Bank’s appointment. In this case, we have proven that the National bank incorrectly implements its authority to approve the appointment of the state banks’ managers, wrongly understands concepts of “conflict of interest” and “professional suitability” of banks’ managers. During the cassation review of the case, the court used our arguments to form precedent conclusions regarding the use of the discretional authorities and professional judgment by the National bank. This case has become the third in the series of similar cases that we have won against the National bank. The other cases, related to the disapproval of the Supervisory board members of the State Savings Bank, we have won in the Administrative courts of all instances in January 2021 and December 2020.
In the Administrative Court of Cassation, we have won a case for cancellation of the decisions of the State Customs Service (SCS) for correction (enhancement) of the customs value of imported goods. This success has become thirty-third in the series of similar cases we have had during 2016-2021. In part of these cases, we have obtained final judgments of the court of Cassation. In the other part, the final judgments were obtained in the Administrative Court of Appeals. The SCS had been our opponent in these cases, and we have proven the absence of grounds for rejection by the SCS of the contract value of goods, declared by our clients, as well as the arms-length operations between our clients and sellers of goods.
In general, from 2020 through 2021, we have obtained twenty-six final wins in the Supreme Court and nineteen in the courts of appeals for our clients.
Some cases from 2012-2019
We represented shareholders of a telecom company – German and Ukrainian entities and citizens, in a corporate dispute arising from a change of shareholding composition on the levels of German holding and Ukrainian subsidiary. In this case, we have obtained judgments of the civil courts of all instances in favor of our clients, including the Civil Court of Cassation. As a result, our clients increased their shareholding in the company.
We advised individuals regarding the procedure and consequences of OFAC sanctions implementation and the process of cancellation of such sanctions (delisting).
We have provided criminal defense and advice to an international market research and media group during the criminal investigation conducted by the National Police of Ukraine. As, in our opinion, the Police acted in violation of the laws and created an ungrounded obstruction to the client’s activity, we assisted the client in initiating a criminal investigation of the Police’s actions. As a result, the investigation against the client was recognized ungrounded and terminated.
We provided criminal defense and advice to a multinational tobacco goods producer during the criminal investigation of the activity of a Ukrainian monopolistic tobacco products distributor. Within this assignment, we communicated with the investigation authorities, advised the company’s management and personnel on participation in the investigatory actions, and produced procedural documents. As a result, we helped our client to prevent negative consequences.
We represented a leading multinational insurance company in two criminal investigations of multi-million damage events to the insured industrial assets in the Anti-terroristic operations zone (ATO zone). Within these investigations, we have helped prove that the facts are qualified as excluded from the insurance coverage.
We have successfully represented a leading chemicals producer from Turkey in a series of litigation procedures in Ukrainian commercial courts aimed at recovering debts. Also, we have consulted this client in corporate matters of the Ukrainian subsidiaries and assisted in the production of the statutory documents of the companies.
We have provided for tax clearance of the transaction for cross-border transfer of the loan portfolio from the balance sheet of a Ukrainian bank to the balance sheet of a UK bank of an EU banking group. As a result of this work, an official tax clarification has been obtained that allowed favorable conditions for the transaction.
We advised and represented a Canadian citizen imprisoned in Ukraine for a serious crime and criminal investigation against whom raised many questions about its integrity and impartiality. Along with the client, we also advised a US charitable institution that provides help internationally to people in crisis situations. As a result, the client was released from the sentence several years before time and was able to leave Ukraine.
We represented a global insurance group in an investigation of multi-million fraud committed by an insured entity and in the recovery of the damage arising out of it. This case included criminal investigation and litigation in the commercial courts.
We successfully represented a Ukrainian subsidiary of an EU banking group in the litigious recovery of a multi-million loan to a Ukrainian corporate borrower. This case included the recovery of funds and the enforcement of the mortgage.
We represented a leading Chinese provider of telecommunications equipment and network solutions in the criminal investigation of a multi-million corporate fraud committed against the subsidiary company in Ukraine. We provided the client with advice and representation within the criminal procedure where suspects have been identified and the fraud has been thoroughly investigated.
We successfully represented a Ukrainian subsidiary of an EU banking group in the litigious recovery of a multi-million loan to a Ukrainian corporate borrower. The project included recovery of funds and enforcement of several types of collateral – mortgage, guarantees, pledges of inventory and equipment, assignments of rights.
We successfully represented a leading global publishing house and its Ukrainian managers in an alleged tax avoidance criminal procedure in Ukraine on the defense side. We have provided for closure of the criminal case during the pre-court investigation phase.
We advised a Ukrainian subsidiary of an EU banking group in the transaction to restructure a multi-million loan to a large industrial conglomerate. The transaction included due diligence of the debtor’s group of companies, reconstruction of the corporate structure of the debtor, antitrust clearance, transfers of corporate rights and assets, modification of the facility and collateral contracts, and practical implementation of the deal.
We advised investors from Canada and the US regarding divestiture from large commercial projects in retail and immovables. As a result, our clients succeeded in recovering their funds from the problematic projects.