- Homepage
- Areas of expertise
- Dispute Resolution
Dispute Resolution
-
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.
Lawyers
- We have represented the interests of shareholders in the sale of shares in the amount of EUR 120,000 to a third person, by refusing to sell them to other shareholders of the company who wanted to exercise their right of priority to acquire these shares.
-
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in full); (3) against the statement for the initiation of investigation of company's activities (the action was withdrawn and the case was closed); (4) against the statement for the initiation of bankruptcy proceedings against the company (the proceedings resulted in the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.
Lawyers
Lawyers
-
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.
- In 2012 – 2015, we represented the interests of company's shareholders and managers in a group of related civil cases wherein one of the largest banks of the Republic of Lithuania had filed claims against the shareholders and managers regarding the compensation of damage resulting from unlawful actions (leading of companies to a fraudulent bankruptcy, unlawful payment of dividends, failure to ensure the balance of pledged goods-reserves, conclusion of void (disputed) transactions, etc.). The matters related to the property claims in the amount of EUR 700,000, recognition of transactions concluded by shareholders and managers as invalid were settled in the case. We managed to reach a peaceful settlement with a bank in this case by paying a compensation in the amount of EUR 80,000 and complete all the judicial disputes that had been lasting for over seven years.
- We have defended the interests of creditors in the amount of over EUR 230,000 in a fraudulent bankruptcy case. We managed to prove that one of the largest companies operating in the field of mobile phone programming and software development was brought to bankruptcy by using the 'phoenix' bankruptcy scheme where a new company takes over the activities, clients, employees, etc. of the old one, whereas the old one remains with the debts and eventually goes bankrupt. The unlawful use of trademark has been proven.
Lawyers
- We defend and represent our clients in criminal cases in the areas of corporate governance, business-to-business relationships and corporate relationships with public authorities.
-
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.
Lawyers
Lawyers
Lawyers
- We have represented a consumer in a dispute regarding termination of consumer purchase and sale agreement and reimbursement of the money paid. In a part of litigation costs, the dispute reached the Supreme Court of Lithuania. In its Ruling No 3K-3-647-248/2015 of 9 December 2015, the Supreme Court of Lithuania noted that, in reducing the awarded litigation costs, the court of appeal instance unreasonably focused on one of the criteria – the amount of the sum asked to the awarded. By cancelling the ruling of the appeal instance whereby the litigation costs were considerably reduced, the Court relied on the following arguments: first of all, the dispute was settled in extra-judicial procedure, it was settled to the benefit of the claimant, however, the defendant failed to perform the instructions of institutions involved in the examination of dispute (State Non-Food Products Inspectorate and State Consumer Rights Protection Authority); after the claims of the claimant had been met on the basis of court order, the defendant submitted oppositions and, as a result, the case was examined according to the dispute proceedings, the defendant ignored the right of consumer to recover the money paid for the product of inadequate quality, thus, the legal aid costs incurred by the consumer were largely conditioned by the behaviour of the defendant.
Lawyers
Lawyers
- We provide representation in legal disputes and provide consultations on unfair competition actions, unlawful acquisition and disclosure of commercial (industrial) secret and compensation of damage in a sum of over EUR 15,000,000. The objects of disputes include actions/accusations regarding unlawful acquisition, disclosure and use of confidential information and commercial secret, solicitation of clients and employees, obtaining of unlawful competitive advantage, fulfilment of undertakings according to non-disclosure and non-compete agreements and compensation of damage (losses). We provide consultations on the application of specific means to ensure due protection of company's commercial secrets. We represent the interests of clients in lodging claims regarding the performance and termination of unlawful actions related to unfair competition or providing defence against such claims. We prepare agreements on the protection of confidential information and commercial secrets, non-compete agreements, conduct negotiations regarding the terms and conditions of the aforesaid agreements.
- In unfair competition cases, we defend the interests of the company against the performed unlawful actions of unfair competition, by associating the damage incurred by the company with the decrease in the prices of certain group of goods in Lithuania.
- In 2012 – 2016, Donata Markevičienė represented the interests of transport-forwarding company UAB Auto Express in unfair competition case where a completely new case-law of the Supreme Court of Lithuania has been formed as well as a precedent in the cases of such nature. New interpretations have been submitted in the case with regard to the following: (1) concept, formal characteristics and finalising of a commercial secret; (2) separation of commercial secrets from confidential information; (3) separation of legal consequences of the obligation to protect a commercial secret from legal consequences arising from non-compete agreements. In this civil case, the claimant has proved that, in cases of such type, the claimants shall have a simultaneous right to request the award of both the income foregone (in the form of net profit) and the property benefit received as a result of unlawful actions of defendants (in the form of net profit) (ruling of the Panel of 7 Judges of the Supreme Court of Lithuania of 5 February 2016 in civil case No 3K-7-6-706/2016). After the case was won in the Supreme Court of Lithuania, the defendants implemented the court decision in a benevolent and complete manner whereby the compensation of damage in the amount of EUR 60,000 (including litigation costs and interest) have been awarded (in the aforementioned case, the Claimant asked for compensation of only part of incurred damage).
- In 2014-2015, in unfair competition case, we managed to defend the interests of employee accused of takeover of commercial secret from the former employer (one of the largest wood processing companies) and disclosure of such secret to third persons. In the criminal case that was heard before the civil case, the employee admitted the performance of unlawful actions in full, admitted to have copied and unlawfully transferred the commercial data of former employer to a third person. A criminal order has been adopted and the employer was recognised as guilty for the unlawful monitoring, recording, takeover, acquisition, storage, embezzlement, dissemination and any other use of non-public electronic data. Despite the complicated nature of situation, we managed to reach a peaceful agreement on the takeover and disclosure of commercial secret of the value of EUR 434,000 by paying a compensation in the amount of only EUR 7,600.
- We have represented the interests of company engaged in consultations on the matters of business risk management, insurance and reinsurance in unfair competition case where we managed to prohibit the competing company and employees from using, transferring, publishing the claimant's information on the claimant's clients, partners, competitors, contact information of business partners, databases, commercial relations, claimant's expertise, terms and conditions of pending/concluded transactions, financial information, company's income, costs, settlement procedure and to award all the income foregone of the claimant (mediation fee) for the solicited clients. After the case was won in the first and appeal instances, the defendants implemented the court order in a benevolent and complete manner.
In unfair competition case, we managed to prove the unlawful use of commercial secrets of a legal person – data on company's clients. In the civil case, the property claims amounted to EUR 170,000 in net profit foregone. - We have represented the interests of the employee seeking for a legal use of commercial secrets and interests of former employer (after incorporation of a competing economic entity). The employee and the employer (a company engaged in accounting services) concluded an agreement on basis whereof the former employer allowed the former employee to use the data about employer's clients in a legitimated manner (data on contact persons, persons in charge of decisions, established business practice, technical information useful in performance of activities, service and quality requirements, planned projects, solvency, etc.).
- We represented and defended the interests of a logistics company in a case regarding unfair competition actions, unlawful acquisition and disclosure of commercial (industrial) secret and compensation of losses where the claimant was awarded all the direct losses incurred by the claimant due to unlawful actions of the competitor and former employee resulting in the solicitation of clients.
- We provide clients with regular debt control and recovery services in both extra-judicial and judicial procedure.
-
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.
Lawyers
Lawyers