LITIGATION & DISPUTE RESOLUTION LINIYA PRAVA LAW FIRM SOLUTIONS FOR COMPLEX LEGAL CASES:

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1 LITIGATION & DISPUTE RESOLUTION LINIYA PRAVA LAW FIRM SOLUTIONS FOR COMPLEX LEGAL CASES: LOSSES, CORPORATE DISPUTES, SECURITIES, FINANCE, INSOLVENCY, REAL ESTATE, ANTITRUST

2 The litigation and dispute resolution team at Liniya Prava protects clients' interests before state and municipal authorities, including Russian commercial courts and courts of general jurisdiction at all levels (including the Supreme Commercial Court, the Supreme Court and the Constitutional Court of the Russian Federation), and in negotiations with business partners and competitors. The success of Liniya Prava's Litigation & Dispute Resolution practice stems from our expertise on application of the law and knowledge of settled court practice, as well as our ability to find original solutions to difficult situations for which there is no straightforward approach available. Clients turn to us for considered, economically justified solutions to the most complex of issues. We serve our clients' interests, working to ensure they obtain the positive results they expect. Getting our lawyers involved in a dispute shifts the focus of negotiations to the legal issues, avoiding escalation of the conflict. Thanks to the professionalism of our team, many cases are settled out of court. We have exceptional dispute resolution capabilities in the following areas: Corporate disputes Representing clients in corporate disputes involving hostile takeovers, protection of company reorganization, squeeze-out of minority shareholders, challenging resolutions of the general shareholders meeting and board of directors. Protecting clients' interests against groundless claims of the antimonopoly authorities Preparing legal opinions on compliance with the antimonopoly legislation, litigating cases involving various types of violation of the antimonopoly legislation, lodging appeals against decisions, orders and decrees of the antimonopoly authority. Securities transactions Protecting the interests of securities issuers in conflicts with holders of the securities, LITIGATION & DISPUTE RESOLUTION LINIYA PRAVA LAW FIRM

3 advising on disputes involving unlawful debiting of shares, resolution of complex issues related to restoration of corporate control. Resolution of conflicts with professional securities market participants Legal action to have transactions declared invalid and contesting actions by the Russian Federal Financial Markets Service in disputes over the registration of issues of shares and their placement and circulation on the securities market; advising on disputes between private pension funds and asset management companies; protecting the interests of brokers and other professional securities market participants in cases involving conflicts of interest; challenging the revocation of licences. Protecting rights to real estate Advising on disputes over recognition of title and reclamation of property from unlawful possession. Protecting clients' interests in cases involving obstruction of use of real estate and legalization of structures built without the requisite legal permits. Legal representation in complex land disputes. Insolvency (bankruptcy) Representing creditors' interests at all stages of the insolvency process, including in the framework of hostile takeovers or their prevention. Advising on separate disputes initiated in the framework of insolvency (bankruptcy) proceedings. Preparing a range of measures to have the actions of insolvency administrators declared unlawful and to remove them from their posts. We also offer services in the following areas: Legal case audit (review) for performance evaluation of in-house lawyers and to identify any critical errors in tactics or application of the law. Analytical services, including preparation of briefings on legislative developments and the latest court practice, articles and commentaries in the professional literature, round-table seminars and conferences.

4 CORPORATE DISPUTES AT TNK-BP: LINIYA PRAVA PROTECTS MINORITY SHAREHOLDERS LITIGATION & DISPUTE RESOLUTION LINIYA PRAVA LAW FIRM

5 High-profile case on recovery of losses from not participating in a joint project with Rosneft on oil and gas exploration and production on Russia s Arctic shelf The disputes between minority shareholders of TNK-BP and BP are unprecedented in terms of the amounts sought approximately RUB 400 billion Unique experience handling a class action lawsuit, determination of reasonable damages, information search based on key words Entailed preliminary discovery, a legal procedure not generally used in Russian practice Recovery of damages for blocking participation in the transaction by instructing nominee directors to vote a certain way

6 ANTITRUST: LINIYA PRAVA ADVISES RETAIL CHAINS THAT HAVE BEEN ACCUSED OF PRICE FIXING ON THE MARKET FOR ELECTRONICS AND HOME APPLIANCES LITIGATION & DISPUTE RESOLUTION LINIYA PRAVA LAW FIRM

7 High-profile case on concerted practices by major retail chains to fix prices on electronics and home appliances by inserting bonus conditions in supply contracts The first case in Russia where an attempt was made to prove price fixing solely based on the terms of contracts, without analysis of the prices One of the first cases in which wellknown Russian academics in the sphere of antitrust law professors from Moscow State University and the Higher School of Economics were involved as expert witnesses The antimonopoly authority's second attempt to prohibit contractual conditions establishing various payments to retail chains

8 SECURITIES DISPUTES: LINIYA PRAVA REPRESENTS ISSUERS AND CONTRIBUTES TO THE FORMATION OF COMMERCIAL COURT PRACTICE IN THIS CATEGORY OF DISPUTES LITIGATION & DISPUTE RESOLUTION LINIYA PRAVA LAW FIRM

9 Numerous legal disputes on the debt securities market during and after the financial crisis, when court practice on disputes involving debt obligations was only being beginning to be formed Active participation in the formation of settled commercial court practice on disputes over debt obligations involvement in more than 300 court cases Formation of court practice at the level of the Supreme Commercial Court of the RF (Decree of the Presidium of the Supreme Commercial Court dated 29 June /10, Decree of the Presidium of the Supreme Commercial Court dated 29 March /10) Involved in one of the first disputes over transactions on restructuring bonded debt Formation of court practice on the application of covenants in legal relations involving bonds

10 DISPUTES INVOLVING PROFESSIONAL SECURITIES MARKET PARTICIPANTS: LINIYA PRAVA PROTECTS THE INTERESTS OF A BROKER ACCUSED OF INFRINGING THE LEGISLATION ON CONFLICTS OF INTEREST LITIGATION & DISPUTE RESOLUTION LINIYA PRAVA LAW FIRM

11 High-profile case involving a conflict of property interests between a broker and its clients in a situation where the former purchased securities on behalf of the latter which were subsequently defaulted upon One of the first cases in Russia involving losses caused in the framework of a conflict of interest between a broker and its clients The financial market regulator tried to recover the losses through administrative proceedings Dispute in which the legality of an instruction of the Federal Financial Markets Service shifting the risks of financial market participants onto the broker was reviewed

12 DISPUTES ON RIGHTS TO REAL ESTATE: LINIYA PRAVA REPRESENTS A FOREIGN BANK IN A CASE INVOLVING FORECLOSURE ON MORTGAGED PROPERTY LITIGATION & DISPUTE RESOLUTION LINIYA PRAVA LAW FIRM

13 Numerous cases in which the bank was involved in litigation against a mortgagor acting in bad faith over a building in central Moscow To avoid foreclosure, a shareholder of the mortgagor contested the mortgage agreement in court The dispute was complicated by the application of Latvian law The bank had to deal with numerous auxiliary issues raised by the unscrupulous mortgagor (contesting the resolution on approval of the transaction, contesting the mortgage agreement, etc.)

14 INSOLVENCY: LINIYA PRAVA PROTECTS CREDITORS IN A SITUATION INVOLVING ACTIONS IN BAD FAITH BY AN INSOLVENCY ADMINISTRATOR LITIGATION & DISPUTE RESOLUTION LINIYA PRAVA LAW FIRM

15 The insolvency of a well-known regional retail chain was accompanied by bad faith on the part of the insolvency administrator, who acted in his own interests The insolvency administrator's behaviour was found to constitute bad faith in accordance with the latest practice of the Supreme Commercial Court of the RF The administrator was removed from his post The debtor's property was sold in the interests of the creditors

16 REVIEW OF LEGAL CASES: LINIYA PRAVA REVIEWED A NUMBER OF COURT CASES HANDLED BY THE IN-HOUSE LEGAL TEAM OF A GROUP OF COMPANIES LITIGATION & DISPUTE RESOLUTION LINIYA PRAVA LAW FIRM

17 The review enabled the client to assess the professional competency and integrity of its own lawyers This is a new type of service not previously offered on the legal services market For cases still in progress, the client has the opportunity to monitor the chosen strategy to ensure it is correct The client gets a comprehensive overview of the status of the legal cases in which it is involved and the capabilities of its own lawyers

18 ANALYTICS: WE MONITOR THE LATEST TRENDS IN COURT PRACTICE AND KEEP OUR CLIENTS DULY INFORMED LITIGATION & DISPUTE RESOLUTION LINIYA PRAVA LAW FIRM

19

20 Our reputation as market-leading expert legal advisor in corporate, antimonopoly and Litigation & Dispute Resolution matters is confirmed by the most authoritative international legal information agencies. Liniya Prava has been recommended in the international and national rankings Chambers & Partners, Legal 500, IFLR 1000, Best Lawyers and Pravo.ru as Russian legal advisor in the practice areas Corporate/M&A, Debt and Equity Capital, Project Finance, Litigation & Dispute Resolution, and Restructuring and Insolvency. Business Centre Rosso Riva, 5th Floor 4 Shluzovaya Naberezhnaya, Moscow, , Russia tel: +7 (495) fax: +7 (495) moscow@lp.ru

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