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The performance from year to year

Defense of right for information disclosure or blackmail?

Objective

Energy generating company resisted the claims of a hostile minority shareholder in disclosing a number of documents that were considered to be confidential by the management of the company. The minority shareholder was pursuing a corporate extortion agenda at a time that was critical for the company, as it was reorganizing its operations and determining its new strategic development plan. The dispute was complicated by lack of a single established approach of the courts, as to the range and volume of documents that could be requested by minority shareholders. The judicial acts of first and second instances were vague and contradictory. The resolution of this dispute was extremely important for the company in terms of its strategy and development prospective. 

Resolution

In only a week, we were able to analyze the legislation, doctrine and court practice on this complex legal issue, and have determined the legal position that allowed the company to reject the minority shareholder‘s lawsuit. We significantly reworked the procedural documents previously prepared by the company’s in-house legal team, and were able to convince the court of cassation in the rightness of our position.

Result

We have prepared a clear, consistent, coherent legal position to the court of cassation, which predetermined the outcome of the case - refusal in demands of the minority shareholder. The successful outcome of this case allowed the company to significantly limit the minority shareholder in his ability to continue the corporate extortion and to continue with the implementation of its predetermined business development plans.

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