Top 5 most significant cases of 2023 of the Omega Law Bureau
In 2023, the Omega Legal Bureau actively worked in the field of consulting on Dispute Resolution. We have compiled the TOP-5 of most significant cases of our lawyers this year:
1.Topic: Non-performance of obligations
What's the matter? The foreign company received an advance payment for the creation of the results of intellectual activity, but after a while ceased to fulfill its obligations and refused to return the money. During the hearing, the defendant insisted that his foreign bank had improperly executed the order.
Why it is important for practice? Non-performance of obligations by foreign parties is now encountered, but in this instance the case was complicated by various indirect circumstances, including the actions of the bank.
Our achievements. The lawyers were able to beat off all the arguments of the foreign defendant in the multimillion-dollar lawsuit. The claim was fully satisfied. By the way, our specialists participated tin the court sessions more than once this year, and all disputes were settled in defense of the interests of our clients.
2. Topic: What is the format?
What's the matter? The plaintiff applied to the court with a claim for compensation for the violation of the exclusive right to the TV show script. The defendant was broadcasting a TV programme on his channel, which, in its script and idea, according to the plaintiff, was identical to his results of intellectual activity.
Why it is important for practice? The case confirmed the approach which format is not protected by copyright in Russian law. The importance of deposit was also considered in the dispute.
Our achievements. The lawyers of the Legal Bureau Omega defended the interests of the TV company, the claim was denied in full. But our specialists participated in the first Russian case on the protection of rights to the format back in 2014!
3. Topic: Abuse of law in cases of reinstatement at work
What's the matter? The employee worked under a civil contract, but the civil contract was recognized by the court as an employment contract, and he was reinstated at work. The employee felt that his rights had been violated during his reinstatement and refused to come to work for a long period of time. Instead, he made various statements to the employer, and also complained about the actions of the employer to the prosecutor's office and the State Labor Inspectorate in Moscow. As a result, the employee was fired for absenteeism. The plaintiff applied for his reinstatement.
Why it is important for practice? The dismissal of employees at the employer’s initiative is always a difficult topic in proving and determining appropriate factual and legal circumstances. Abuse of rights as a common law category is particularly emphasized in labour disputes: if the employee does not come to work in principle and intends to work in the company only under the desired conditions: This is an abuse of rights and therefore an additional ground for refusal of a reinstatement claim.
Our achievements. The long-standing dispute with the employee was successfully resolved, involving also the Prosecutor’s Office and the State Labour Inspectorate in Moscow. The Prosecutor’s Office and the State Labour Inspectorate successfully resolved the dispute. We managed to prove in court the fact of abuse of rights by the employee – and the court directly indicated this fact of abuse in its decision (which is extremely rare in labor disputes). The suit was completely dismissed.
4. Topic: Suspension from work in case of failure to undergo a medical examination
What's the matter? The employee refused to undergo another mandatory medical examination at the organization to which he was referred by the employer, and instead brought a medical certificate from another medical company, where he went on his own. The employee was suspended from work and sued for dismissal.
Why this case is important for practice? The employer is not obliged to accept the results of the medical examination from another company, to which the employee applied independently, and not from the direction of the employer. This case in fact is a precedent.
Our achievements. The decision of the court is a precedent for all disputes of this kind. The language of the court in the decision is based on our arguments in objections to the claim. These arguments can be used by other employers in such disputes, thus protecting employers from abusive employees who refuse to undergo compulsory medical examinations directed by employers.
5. Topic: Joint and several recovery of compensation for intellectual property infringement
What's the matter? The plaintiff sued for joint and several million roubles in damages. In the court of first instance, the plaintiff was denied the entire action, but the appeal was reversed and a minimum amount of compensation was sought.
Why this case is important for practice? Disproportionate compensation, unjustified enrichment - these and many other topics are well known to copyright lawyers. This case confirmed the emerging practice by the courts rejecting unfounded claims in the form of unjustified enrichment and evidence of abuse of position (right) by the right holder.
Our achievements. Lawyers of the Legal Bureau Omega were able to reduce the amount of compensation to 30,000 rubles and defended the interests of the client.
We will continue to delight you with our successes!
In 2023, the Omega Legal Bureau actively worked in the field of consulting on Dispute Resolution. We have compiled the TOP-5 of most significant cases of our lawyers this year:
1.Topic: Non-performance of obligations
What's the matter? The foreign company received an advance payment for the creation of the results of intellectual activity, but after a while ceased to fulfill its obligations and refused to return the money. During the hearing, the defendant insisted that his foreign bank had improperly executed the order.
Why it is important for practice? Non-performance of obligations by foreign parties is now encountered, but in this instance the case was complicated by various indirect circumstances, including the actions of the bank.
Our achievements. The lawyers were able to beat off all the arguments of the foreign defendant in the multimillion-dollar lawsuit. The claim was fully satisfied. By the way, our specialists participated tin the court sessions more than once this year, and all disputes were settled in defense of the interests of our clients.
2. Topic: What is the format?
What's the matter? The plaintiff applied to the court with a claim for compensation for the violation of the exclusive right to the TV show script. The defendant was broadcasting a TV programme on his channel, which, in its script and idea, according to the plaintiff, was identical to his results of intellectual activity.
Why it is important for practice? The case confirmed the approach which format is not protected by copyright in Russian law. The importance of deposit was also considered in the dispute.
Our achievements. The lawyers of the Legal Bureau Omega defended the interests of the TV company, the claim was denied in full. But our specialists participated in the first Russian case on the protection of rights to the format back in 2014!
3. Topic: Abuse of law in cases of reinstatement at work
What's the matter? The employee worked under a civil contract, but the civil contract was recognized by the court as an employment contract, and he was reinstated at work. The employee felt that his rights had been violated during his reinstatement and refused to come to work for a long period of time. Instead, he made various statements to the employer, and also complained about the actions of the employer to the prosecutor's office and the State Labor Inspectorate in Moscow. As a result, the employee was fired for absenteeism. The plaintiff applied for his reinstatement.
Why it is important for practice? The dismissal of employees at the employer’s initiative is always a difficult topic in proving and determining appropriate factual and legal circumstances. Abuse of rights as a common law category is particularly emphasized in labour disputes: if the employee does not come to work in principle and intends to work in the company only under the desired conditions: This is an abuse of rights and therefore an additional ground for refusal of a reinstatement claim.
Our achievements. The long-standing dispute with the employee was successfully resolved, involving also the Prosecutor’s Office and the State Labour Inspectorate in Moscow. The Prosecutor’s Office and the State Labour Inspectorate successfully resolved the dispute. We managed to prove in court the fact of abuse of rights by the employee – and the court directly indicated this fact of abuse in its decision (which is extremely rare in labor disputes). The suit was completely dismissed.
4. Topic: Suspension from work in case of failure to undergo a medical examination
What's the matter? The employee refused to undergo another mandatory medical examination at the organization to which he was referred by the employer, and instead brought a medical certificate from another medical company, where he went on his own. The employee was suspended from work and sued for dismissal.
Why this case is important for practice? The employer is not obliged to accept the results of the medical examination from another company, to which the employee applied independently, and not from the direction of the employer. This case in fact is a precedent.
Our achievements. The decision of the court is a precedent for all disputes of this kind. The language of the court in the decision is based on our arguments in objections to the claim. These arguments can be used by other employers in such disputes, thus protecting employers from abusive employees who refuse to undergo compulsory medical examinations directed by employers.
5. Topic: Joint and several recovery of compensation for intellectual property infringement
What's the matter? The plaintiff sued for joint and several million roubles in damages. In the court of first instance, the plaintiff was denied the entire action, but the appeal was reversed and a minimum amount of compensation was sought.
Why this case is important for practice? Disproportionate compensation, unjustified enrichment - these and many other topics are well known to copyright lawyers. This case confirmed the emerging practice by the courts rejecting unfounded claims in the form of unjustified enrichment and evidence of abuse of position (right) by the right holder.
Our achievements. Lawyers of the Legal Bureau Omega were able to reduce the amount of compensation to 30,000 rubles and defended the interests of the client.
We will continue to delight you with our successes!