Category: PUBLICATIONS

How to Recover Assets Held in Trust / Article / “Akcionernoye obschestvo” magazine

The idea of transferring assets to a fiduciary is a very reliable way of hiding the fact that the asset belongs to the grantor. Usually, such mechanisms are only resorted to when there is full confidence in the trustee’s integrity. However, situations are quite common when, as a result of a conflict between the real …

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The US debt ceiling will be frozen for two years / Comment / Vedomosti

The US authorities have reached an agreement on the ceiling of the national debt: the government will be required to comply with new restrictions on budget spending, subject to the actual abolition of the mechanism. This follows from an agreement that was drafted by President Joe Biden and House Speaker Kevin McCarthy. Andrei Gusev, Managing …

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How do Russian courts “play along with their own” against the backdrop of sanctions and what is the risk here? / Article / RBC Pro

Because of sanctions, Russian courts might sometimes ignore international law, taking the side of domestic companies in cases against foreigners. Anna Zabrotskaya, Partner and Head of the Dispute Resolution Practice at Nordic Star, explains why such precedents can significantly complicate the position of Russian exporters in disputes over contracts governed by Russian law and why …

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A Trademark Shake-Up: a Precedent has Emerged in the Intellectual Property Market / Comment / Delovoy Peterburg

The suspension of the “membership” of more than 60 foreign brands in the Customs Register of Intellectual Property (CRIP) should not lead to an increase in counterfeiting. Vera Zotova, a Senior Associate in the Intellectual Property and Information Technology Practice at Nordic Star Law Offices, shared her views with Delovoy Peterburg newspaper on what the legal grounds …

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Algorithm for changing a director: possible challenges and nuances / Article / Journal “Akcionernoye obschestvo”

A consequence of changing a director in a corporate legal entity is that the former CEO has an obligation to transfer financial and business documents to the new one. A failure to fulfill this duty entails a whole range of negative consequences for both the former leader and the replacement. Andrew Bezhan, a Counsel and …

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Restructuring, relocation and risk: how a business copes with challenges / Commentary / RBC

In 2022, many entrepreneurs had to take more risks than usual – restructuring a business, relocating, changing supply chains and partners, interacting with military registration and enlistment offices, and needing to adapt quickly to rapidly changing rules of the game. All of these resulted in changes to well-established patterns of work. Lawyers helped the business …

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By the right of the strong: additional obligations have been set for developers in disputes with management companies / Commentary / Delovoy Peterburg

The Supreme Court of the Russian Federation has once again issued a reminder that the burden of proof in disputes about defects in apartment buildings lies on the developer, and not on the management company. Disputes commonly arise between management companies and developers about how to eliminate shortcomings identified in buildings. Relevant for this category …

By the right of the strong: additional obligations have been set for developers in disputes with management companies / Commentary / Delovoy Peterburg Read More »

A tax clause: what threat is posed by its absence from a contract / Article / RBC Pro

The number of clauses dealing with tax in Russian contracts is increasing rapidly. According to experts, this is a positive trend: the tool gives protection against sudden additional tax charges caused by an unscrupulous counterparty. Oleg Rifert, Senior Counsel in the Dispute Resolution Practice, and Anton Borisyuk, a Senior Associate in the Transactions & Corporate …

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The director remains and does not think of quitting. How to force him to do so? / Article / RBC Pro

The owners of a company have the right to terminate an employment contract with the CEO without giving reasons. What violations do the members of the LLC commit and how should the director’s dismissal be formalized in connection with theft? Andrew Bezhan, Counsel in the Dispute Resolution Practice of Nordic Star Law Offices, wrote in …

The director remains and does not think of quitting. How to force him to do so? / Article / RBC Pro Read More »

Signed Not to Be Trusted / Comment / Legal Information Agency

An agreement, power of attorney, cash document or other document may be signed with a simple signature that is almost unidentifiable. The use of a round seal by organisations is not compulsory and neither does it guarantee authenticity. Experts see the prospect of protecting the market against counterfeiting in the development of electronic document management. Andrew Bezhan, a Counsel …

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