Projects

M&A SUPPORT
1C Entertainment group (new name – Fulqrum), incorporated in Warsaw, together with its European subsidiary studios is the developer and publisher of more than 100 video games, including such world-famous titles as “IL-2” and “Men of War”.  KIAP accompanied the sellers at all stages of the transaction, including: negotiations on the terms of the deal (multi-hour rounds of negotiat...
INCLUSION OF CLAIMS IN THE REGISTER OF CREDITORS’ CLAIMS
The Principal entered into a number of interrelated contracts with a contractor to implement a project on construction of a shopping and entertainment center in Moscow Region. The Contractor breached its obligations under the contracts, thus the Principal incurred losses by way of extra costs for re-design, additional mobilization of forces and construction work, as well as by lost profits due...
As part of the bankruptcy case, a creditor’s application was handled that concerned inclusion in the register of creditors’ claims of the amount of RUB 280 million received by the debtor under loan agreements. Since doubts existed that the debt was real, KIAP was tasked with verifying the evidence and opposing inclusion of the debt in the register. In their efforts, KIAP associates...
Consulting in the field of antimonopoly legislation
The largest retail chain represented in more than 50 regions of Russia contacted KIAP with a request to audit the company’s activities for compliance with antimonopoly legislation. The primary goal of the project was to identify all processes that entail antimonopoly risks, the “holders” of these processes within the company, as well as their relationship. The task was complicated d...
The client contacted KIAP with a request to audit the applied business practices for compliance with antimonopoly legislation and the Federal Law “On the Fundamentals of State Regulation of Trade Activities in the Russian Federation” (“Trade Law”). In particular, they were interested in issues related to the procedure for calculating the threshold amount of remuneration paid by suppliers to re...
Maritime Law Advisory Services
A vessel insured by a Russian company was driven ashore as a result of extreme weather. A general average was declared. The vessel was further declared a structural failure. The Insured claimed all costs related to evacuation of the crew and provided a notice of possible pollution and removal of the wreck to the P&I insurer. The insurance company refused to pay and filed a claim to ...
 200 22 March 2024 Maritime Law
There was a fire on the vessel during the sea transportation of vehicles. As a result, some vehicles were lost, other were significantly damaged. The risk of vehicle loss and damage was insured by the client of KIAP Law Firm. As a result of lengthy negotiations, the insurer paid the indemnity and engaged KIAP Law Firm to assess the prospects of subrogation. The situation was complicated...
 196 22 March 2024 Maritime Law
Consulting in the field of commercial law
As the leading legal consultant to the airline, the KIAP law office was involved in supporting all projects related to the client’s current activities in Russia, as well as the transportation of Russian citizens and Russian cargo on flights around the world. Taking into account the industry’s nature, KIAP employees provided the client with legal support in various areas including the fol...
After an online game developer had a conflict with one of the Russian players because of cheating (using flaws in computer code to gain advantages in the game), the company contacted KIAP with a request to evaluate the current user agreement governed by the law of the EU and the Republic of Cyprus on the subject of its compliance with mandatory regulations of Russian law and assess the risk en...
 189 22 March 2024 Commercial Practice Julia Paushkina
Consulting in the field of labour law
As the leading legal consultant to the largest international air carrier, KIAP's labour practice provided the full range of legal assistance for their Russian divisions. In particular, KIAP employees have done the following: developed the unified bonus policy applied by all representative offices in Russia; prepared conclusions on changes ...
 197 22 March 2024 Employment Julia Paushkina
An employer who had just entered the Russian market contacted KIAP with a request to formalize an employment relationship with one of the top managers who performs a significant part of their work duties on business trips or from home, and also to analyse issues related to the proper registration of their trips, reimbursement of expenses for them, assessment of KPIs and payment of bonuses for ...
 193 22 March 2024 Employment Julia Paushkina
BUSINESS STRUCTURING AND RESTRUCTURING
A global logistics group operating in the air, sea and road freight segments has acquired one of the largest freight forwarders and 3PL operators in the world. The consolidation at the global holding level triggered the integration of the Russian branches of these groups. KIAP corporate team developed options for restructuring of the companies. This required: analyzing the current corpor...
CHALLENGING OF TRANSACTIONS
In a citizen’s bankruptcy case, a marriage contract surfaced, under the terms and conditions of which, in the event of dissolving the marriage at the discretion of the debtor, the title to ¾ of all the marital property of the spouses would transfer in favor of the wife. Based on preliminary estimates, such a deviation from the general rule established by family law could have resulted in damag...
 1 16 July 2024 Bankruptcy Ilya Ischuk, Daniil Zherdev, Anna Andreyeva
The bankruptcy case examination revealed loan agreements between the debtor and an affiliated person totaling to more than RUB 600 million. KIAP was tasked with litigation in challenging said transactions and obtaining their invalidation. The court of first instance refused to recognize the transactions as invalid, deeming that, at the time of challenging, the transactions did not ...
16 July 2024 Bankruptcy Ilya Ischuk, Daniil Zherdev, Anna Andreyeva
Pre-trial settlements
Advising the designated insurer, a largest Russian sea cargo carrier, on settling claims filed by foreign cargo owners due to damage of the cargo (motor vehicles). During the sea transportation of cargo on board a vessel owned by the client, the cargo was damaged as a result of extreme weather. Cargo owners filed a maritime claim, and the vessel was arrested in a foreign port. As a resu...
 193 22 March 2024 Maritime Law
KIAP Law Firm's client signed a forwarding agreement. There was a fire on the vessel during the sea transportation of dangerous goods owned by the client. As a result of the fire, the vessel and the cargo owned by other persons were damaged, and a general average was declared. The client's cargo also suffered significant damage. The shipowner and the forwarder initiated a separate investigatio...
 193 22 March 2024 Maritime Law
Labour disputes
The employee was absent from the workplace for more than two months, and brought a sick leave certificate opened in one regional hospital to confirm the validity of his absence. The employer doubted the validity of the sick leave and contacted KIAP with a request to assess the prospects for dismissing the employee for absenteeism and to support a legal dispute arising from dismissal on discipl...
 180 22 March 2024 Employment Julia Paushkina
The employer contacted KIAP with a request to terminate the employment contract with the middle manager based on the results of the probationary period. Due to the fact that the company did not have clear criteria to make an unambiguous conclusion whether the employee had passed the probationary period or not, KIAP lawyers were faced with the task of providing various types ...
Support
The head office of a pharmaceutical company contacted KIAP with a request to provide assistance in terminating contracts with counterparties in connection with the decision to close the Russian branch. The difficulty was that some counterparties, in particular the servicing bank, delayed the termination procedure requiring that the parent company provide a number of properly legalized document...
KIAP employees carried out a compliance audit of one of the leading developers in Russia, with which a European corporation intended to implement a joint investment project. In particular, the developer’s beneficiaries and their presence on the sanctions lists were subject to verification; anti-corruption and ethical standards and practices for their application; risks of the confli...
Disputes with antimonopoly authorities
For several years, KIAP employees represented the Client’s interests in a series of proceedings with the Irkutsk Office of FAS in cases of antimonopoly violation and administrative liability, which were considered in various instances including the internal appeal of the FAS and the Constitutional Court of the Russian Federation. The process deserves attention due to the fact that w...
KIAP lawyers represented the interests of the retailer in a series of odious cases of antimonopoly violation and administrative liability for creating discriminatory conditions for suppliers of fish and fish products. In fact, this is the first case of the Russian FAS in relation to the Trade Law, which was new at the time of its initiation and with which the antimonopoly authority ...
Litigation and arbitration
The vessel operated by the Client was insured with five insurance companies under Clauses of the Institute of London Insurers. During berthing at a foreign port, it was discovered that the main engine is damaged. Based on the expert opinion, the leading insurer recognized the event as a loss event and paid compensation. All insurers paid their shares of the loss except one Russian company, whi...
 213 22 March 2024 Maritime Law
A vessel insured by a Russian company was driven ashore as a result of extreme weather. A general average was declared. The vessel was further declared a structural failure. The Insured claimed all costs related to evacuation of the crew and provided a notice of possible pollution and removal of the wreck to the P&I insurer. The insurance company refused to pay and filed a claim to ...
 185 22 March 2024 Maritime Law
CORPORATE FINANCE AND SECURITIES
One of the world's DIY-retailers has opened a credit line in a systemically important Russian bank. KIAP team accompanied the client when choosing a strategy for interaction with the bank on the settlement of obligations under the credit line. In particular, the consequences of debiting/early repayment of the loan were assessed. The project was complicated by the targeted nature of the ...
VICARIOUS LIABILITY
As part of the company’s bankruptcy case, the bankruptcy trustee established grounds for bringing the company’s CEO and sole member to vicarious liability. Having joined the case, KIAP associates also identified a bunch of transactions and circumstances proving existence of another person controlling the debtor - the CEO’s wife, who was later engaged in as a co-defendant. KIAP associates...
16 July 2024 Bankruptcy Ilya Ischuk, Daniil Zherdev
KIAP associates joined the Principal’s defense when the dispute had been pending for eighteen months already. The main problem was that the bankruptcy trustee challenged the transactions as damaging to the creditor, the total amount of which amounted to nearly 40% of the register of creditors’ claims. Moreover, the Principal had no documents that would enable its protection from being held lia...
16 July 2024 Bankruptcy Ilya Ischuk
CORPORATE CONSULTING AND CORPORATE GOVERNANCE
KIAP conducted an on-site inspection of the contract management and "compliance" system to identify risks of improper contract performance with the operator of one of the production sharing agreements. This project is systemically important because, among other things, it generates substantial tax revenues for the regional and federal budgets, as well as providing jobs, including for the local ...
PRE-BANKRUPTCY AUDIT
KIAP associates were given the task of conducting an in-depth audit for business of a company on the verge of potential bankruptcy. The core goal of the audit was to identify transactions exposed to the risk of being challenged in bankruptcy, as well as to identify the risks of bringing controlling persons to vicarious liability and recovering losses from them. In the outcome of the ana...
 1 16 July 2024 Bankruptcy
CORPORATE DISPUTES
A corporate conflict had been ongoing for a long time between a Forbes-rated client and its former business partner. Both parties brought claims against each other before the courts in the Russian Federation and in other countries connected with the place of business. The claims were of a bankruptcy, corporate and civil nature. Despite their diverse nature, they all aimed to obtain or retain co...