Evgeny specialises in commercial disputes, including
complicated claims for damages and termination disputes;
complex disputes over product/service quality with tangible business implications (product liability);
IP and Internet disputes, defamation claims.
Evgeny’s experience extends for over 17 years and he is recommended by Legal 500 (2019): “Evgeny Oreshin has the strongest analytical and advocacy skills.”
Evgeny has also been an expert witness on Russian law in foreign proceedings.
His clients include major pharmaceutical and FMCG companies.
Track record, including litigations
Selected precedent-setting disputes
Acted for a Russian company in a litigation against Pareks Bank and Citadele Bank seeking to establish whether a Russian arbitrazh (commercial) court had jurisdiction over a dispute with these banks actually present in Russia. In a landmark resolution on the case, the Supreme Commercial Court of Russia introduced the concept of “piercing the corporate veil” into Russian practice.
Acted for Pharm-Syntez CJSC in a litigation against the international pharmaceutical company Novartis AG to enable state registration of a medicine before a patent for a medication element expired. The Supreme Commercial Court ruled in the client’s favour, setting an important precedent for the medication market.
Selected commercial disputes
Represented Sportmaster on an appellate court claim seeking to reduce the amount recovered from the client as the tenant under a lease. After the lease was signed, the landlord’s title to the property was impugned. The first instance court ruled that the landlord and our client must compensate the claimant for lost revenues. The appeal court cut this from RUB 300 m down to 60 m.
Acted for a major international car company in disputes over damages at the International Commercial Arbitration Court under the Russian Federation Chamber of Commerce and Industry (the “ICAC at the RF CCI”). Approximately RUB 41 m in liquidated damages were recovered for the client, an extremely rare case in Russian practice.
Successfully acted for Ove Arup and Partners International in a dispute with a customer claiming back an advance payment to our client for design works for a cinema and concert hall in Moscow.
Successfully represented a leading player on the Russian operating lease market for freight wagons, in a dispute worth over RUB 270 m, over a series of cases for debt collection under a purchase agreement for railway wagons and foreclosure over the wagons as pledged assets (cases examined by commercial courts and the ICAC at the RF CCI).
Represented MosOtis as a defendant in a number of disputes over damages in the form of the difference between the price of a previous lift maintenance agreement and a new one (replacement contract).
Represented Sukhoi and Severstal on the Mezhprombank creditors’ committee as part of the bank’s bankruptcy.
Complex disputes over product/service quality with tangible business implications
Advised a major food company over an emergency at the client’s factory in Russia that could have affected product quality and jeopardised consumer health. The client’s factory could have been closed and all its operations in Russia terminated. We were able to prevent all this.
Acted for a hygiene product manufacturer, protecting the client in a number of aspects with respect to substandard product quality: preventing termination of state contracts for supply of products, negotiating an out-of-court settlement agreement with the most eristic consumer, representing the client in administrative offence cases.
Represented a major manufacturer of construction materials in two lawsuits over its products not meeting fire safety standards. The cases were complicated in that the materials had been used in repairs to many shopping centres. We won one case and the other was settled amicably.
Represented an international pharmaceutical company being held administratively liable for failure to comply with the storage requirements for medicines.
Acted for a number of major Russian and international companies in court and out-of-court disputes with consumers with claims seriously affecting the business.
Selected track record in IP and advertising
Acted for a Skolkovo resident (Double Data) in a high-profile, precedent-setting dispute against the VKontakte social network over use of Big Data and the functioning of search engines. The case has evolved into one of the most talked about disputes in recent years over use of Big Data and the functioning of search engines.
Acted for the International Federation of Phonographic Industry (IFPI) on behalf of three music majors: Sony Music Russia, Universal Music Russia and Warner Music UK on suits against the VKontakte social network to defend their neighbouring rights to phonograms. The first instance court ordered VKontakte to use digital fingerprint technology to filter uploads of illegal content, which is unique in Russian practice. Amicable settlements followed.
Acted as IP and advertising adviser to NIKE for the 2018 FIFA World Cup Russia.
Successfully acted for the Russian FORBES magazine founder (Axel Springer Russia) in a dispute in which a bad-faith counterparty attempted an act of provocation by placing an advertisement in FORBES, seeking to make FORBES’ actions appear to be media corruption.
Represented Food Union in a challenging court case over an ice cream brand popular in St Petersburg, Russia (Sakharnaya Trubochka (“sugar tube”)). Our client has been producing ice cream under this brand for over 50 years without registering the trade mark. The parties settled all their disputes through an amicable agreement.
Successfully represented clients in preparing for and attending three FAS Expert Council meetings, which delivered major / practice-shaping decisions on advertising cases:
Expert Council meeting on medication advertisements using the word “quickly” (acted for Johnson & Johnson, Reckitt Benckiser and other pharmaceutical companies);
Expert Council meeting on Pedigree’s “Boys” commercial (acted for Mars);
Expert Council meeting on surrogate advertising of “Reduxin” and “Orsoten” prescription medications through advertising of BAS and a non-prescription drug (represented a major pharmaceutical company).
Drafting the Recommendations for Compliance with the Laws on Advertising Non-Prescription Medicines, jointly with the Association of International Pharmaceutical Manufacturers (AIPM), Association of European Businesses (AEB), Association of Russian Pharmaceutical Manufacturers (ARPM), Society of Professional Pharmaceutical Organisations (SPFO), Russian Association of Communications Agencies (AKAR) and International Confederation of Consumer Societies (KONFOP).The Federal Antimonopoly Service (FAS of Russia) provided assistance. The Recommendations were signed on 7 November 2018.
Drafting a bill on self-regulation in advertising (ongoing).
Representation based on a contract // Rossiyskaya yustitsiya. 2007. No. 2 (as co-author with A. Yu. Kabalkin).
Legal nature of representative powers // Zhurnal rossijskogo prava. 2007. No. 2.
An irrevocable power in voluntary representation // Zakon. 2012. No. 10.
The principle of cooperation by parties towards discharge of an obligation: Soviet anachronism or effective legal instrument? // Zakon. 2012. No. 11.
Amicable settlements with the FAS of Russia: Conclusion, substance and court history // Corporate lawyer. 2012. No. 6.
Fight for Soviet Trade Marks. Is Introducing the Right of Prior Use a Way-Out? // Zakon. 2014. No. 10. (as co-author with E. Trusova).
Effective Means for Protecting Copyright and Neighbouring Rights on the Internet // Journal of the Court for Intellectual Property Rights. 2015. No. 9.
Court proceedings. Eight reasons for doubting an expert review // Corporate Lawyer. 2017. No. 7.