Securing and analysing
We have the material certified by a notary, take it apart phrase by phrase and determine what can be challenged as a statement of fact and what cannot.
PRACTICE / 07
We take down what is false, secure the evidence and recover the loss.
A publication outlives the scandal. A review, an article or a messenger post reaches the search results and stays there: seen by the bank before a loan, by a counterparty before a deal and by a candidate before accepting a job.
This has to be dealt with quickly and in the right order: first secure the material, then demand — not the other way round. Otherwise, by the time the claim is filed, the evidence has gone.
Commercial disputes in Russia are heard by the arbitrazh courts — the state commercial courts, not private arbitration tribunals; disputes involving individuals go to the courts of general jurisdiction.
HOW THE WORK IS ORGANISED
We have the material certified by a notary, take it apart phrase by phrase and determine what can be challenged as a statement of fact and what cannot.
Letters to the author and to the platform. A significant share of publications comes down at this stage — faster and without publicity.
A claim for retraction and removal, recovery of damages and compensation and, where needed, interim relief.
Enforcement of the judgment, removal of copies and reprints, work with search results.
RESULTS
3instances completed
Our client was sued on promissory notes dating from 2010 that had been assigned under an assignment agreement. We pleaded limitation, lost at first instance and secured the complete reversal of the judgment on appeal; the cassation court upheld that decision.
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RUB 3.06billion in principal debt claimed
We act for Otkrytye Tekhnologii LLC in claims against Razrez Kiyzassky LLC and Razrez Vostochny LLC for RUB 3.06 billion and RUB 1.29 billion respectively. The customers stopped advance payments, refused to sign completion certificates and closed access to the sites, while the results of the work are in use. The cases are before the Arbitrazh Court of the Republic of Mari El.
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RUB 50,000+advance payment recovered
The customer paid for the manufacture and installation of an advertising structure but received a result with substantial defects. The contract was terminated, the advance and interest recovered, and the judgment upheld on appeal.
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QUESTIONS
Statements of fact that do not correspond to reality can be challenged — an allegation of fraud or of non-performance, for example. Value judgments (“I did not like it”) are protected as opinion and there is no point demanding their retraction. We draw that line phrase by phrase at the very first review.
A publication can be edited or deleted at any moment, and then there is nothing left to prove. A notarial inspection record fixes what was published and when, and is accepted by the courts. That is why we ask clients not to contact authors before it is done.
Compensation for non-pecuniary harm is set by the court and in Russian practice is usually modest; the real money lies in proven loss — a contract lost, a bank refusal, a fall in sales. We give an honest assessment of what can be documented before the claim is filed.
Search results have to be dealt with separately: a request to delist under the right to be forgotten, approaches to sites that reprinted the material and, where needed, enforcement of the judgment. It is a separate stage and we build it into the plan from the start.
No. A significant share of publications comes down in response to a pre-action demand to the author or the platform — faster and without the publicity that itself amplifies the material.
PRACTICE SERVICES
01 / SERVICE
Something has been published about your company or its director that is simply untrue, and it is already showing up in search results.
02 / SERVICE
Pre-trial demands have not worked, or the situation called for a court decision from the outset: a media publication, a campaign by a competitor, a platform refusing…
03 / SERVICE
Ratings on maps, directories and marketplaces feed straight into sales and are easy to sink with a burst of near-identical reviews or edits to a listing.
NEXT STEP
Let us look at your situation
The consultation is free when an engagement is signed: we tell you whether the matter has prospects and roughly what running it will cost.