The iLAW practise in the corporate law and management covers all aspects of representation of the interests of modern business owners. The corporate law practice group brings together the experienced professionals in their field of specialisation who consult small and medium-sized business owners and managers on the relevant matters of corporate governance.
Incorporation, management, reorganisation, restructuring, dissolution and liquidation of public and private limited liability companies, implementation of the rights and obligations of shareholders, incorporation of foreign branches and termination of their activities.
We represent the interests of our clients in pre-trial authorities and commissions, courts, state enterprises, establishments, organisations, public administration institutions and help them to achieve a maximum favourable result irrespective of the nature of violation or the established situation.
We have represented the interests of the company (defendant) and part of its shareholders (defendants) in judicial disputes in a group of civil cases and defended them: (1) against the preventive action lodged for the prohibition of the sale of company's shares (the case was closed when the claimant withdrew from his claim); (2) against the action lodged for the recognition of the agreement on the purchase and sale of company's shares as null and void (the action was rejected in full); (3) against the statement for the initiation of investigation of company's activities (the action was withdrawn and the case was closed); (4) against the statement for the initiation of bankruptcy proceedings against the company (the proceedings resulted in the conclusion of a peace agreement and the case was closed); (5) against the statement lodged against the company's general director for the committed administrative violation of the law, i.e. failure to observe the statutory obligation to convene the ordinary general meeting of shareholders and to notify each shareholder hereof (a fine in the form of warning was imposed).
We have represented the interests of the part of shareholders in the extraordinary general meeting of shareholders when deciding on the dismissal of company's general director and election of a new general director, in case of opposition of the remaining part of shareholders, in order to record the meeting with the bailiff.
We represent the interests of creditors and shareholders of bankrupt companies in judicial disputes regarding unlawful actions performed by the managers of companies leading to the fraudulent bankruptcy of companies and cause of considerable property damage to the creditors.
Our criminal defense attorneys advise clients on the ways to avoid problems before they result in formal law enforcement investigations.
Asssociate Partner Audrius Pestininkas is a former prosecutor.
We have represented a client in a case regarding the defending of business reputation of legal persons. In their Ruling No A438-993 / 2014 of 12 February 2014, the Extended Panel of Judges of the Supreme Administrative Court of Lithuania explained that the Office of the Inspector of Journalist Ethics (OIJE) is authorised to defend not only the honour and dignity of natural persons, but also the business reputation of legal persons. As the Ruling stipulates, in case of establishment of a damage caused to the business reputation of legal persons, the OIJE may apply the enforcement measures stipulated in the Law on Provision of Information to the Public – to warn on the violation of the laws and request their rectification. However, it is first of all necessary to apply to the media for removal or refutation of certain publications and only then to file a complaint with the OIJE.
Another possibility to defend reputation is provided to the company according to Article 2.24 of the Civil Code. Where erroneous data were publicised by a mass medium, the company about whom the data was publicised shall have the right to file a refutation and demand the given mass medium to publish the said refutation free of charge or make it public in some other way. In case of failure to do so, the company shall lodge an action in the court and request the recognition of disseminated information as erroneous, to make public refutation and to compensate any damage caused.
If the opinion degrading the business reputation is unfairly disseminated by mass media (e.g. in website's comments section), the manager of the mass media mean shall be responsible for the disseminated information, unless it is revealed that the mass media mean has not actually managed and controlled the comments of users.
For many years, we have been providing successful legal representation to one of the largest groups of companies engaged in the sale of argro-chemical goods in cases regarding the recovery of debts.
In 2015, we recovered a debt of over 2 million euro to one of agro-market companies.
In 2014, we successfully completed a 5-year long recovery of EUR 35,000 to the benefit of clients from the bankrupt company, by establishing and awarding damage from the bailiff who conducted the recovery.