In a recent corporate dispute, RI-Consulting attorneys successfully defended in the courts of three instances (Central District) the interests of our Client - the former director of a company that owns and manages commercial real estate. A member of the company filed a claim for recovery of damages in the amount of 46 million rubles from the former director of this company - our Client.

IMPORTANT:

The Director of the company is responsible for transactions made on behalf of the legal entity. If damage is caused to the company by his bad faith actions, he must reimburse it at the request of the legal entity or its founders.

This fair provision in practice can be used in corporate wars to hold the Director, who has become undesirable, accountable. In this case, even reasonable and good-faith actions of the Director can become grounds for the court. The right strategy in this case largely determines the outcome of the case, which can have very negative consequences for the Director, and even turn into a criminal case.

WHAT WE DID:

Given the persistent and divisive corporate conflict between the participant and the former Director, Managing Partner Elena Gladysheva and the Company's Attorneys developed a multi-stage strategy to defend the Client's interests, including the establishment of important circumstances for the case in other litigation, as well as using non-judicial corporate procedures, by implementing which we won the claim - the recovery of damages against our Client was denied in full, the court acts entered into legal force. Plaintiff failed to prove bad faith or unreasonableness of our Client's actions/inaction that caused adverse consequences for the legal entity.

ON THE RE-CONSULTING APPROACH AND PRACTICE IN THIS CATEGORY OF CASES:

RI-Consulting specializes in protecting businesses and top managers, so we have extensive experience in this category of cases. We know how to hold directors liable and how to avoid liability if an attempt is made to recover damages from the head of the company and blame them for their allegedly dishonest actions.

In conclusion, we note that even the most respectable manager is not immune from such lawsuits. Some of the founders of his actions may seem suspicious, and there may be cases of deliberate attempts to smear a person and hang a debt on him. In addition, no one is immune from mistakes, and they can be very expensive.

If you have been sued for recovery of damages or, on the contrary, need to recover them from a dishonest director, you can always apply to us for advice (Elena Gladysheva, Managing Partner, +7 (495) 632-14-50, email: info@ri-consulting.ru). As the outcome of this case largely depends on timely and correct actions in the legal field.