Sergey Kartoshkin

• Dispute Resolution

Practice areas

Dispute resolution, Antitrust regulation  

professional EXPERIENCE

Before joining Jus Aureum in June 2015, Sergey Kartoshkin practiced law with Muranov, Chernyakov & Partners, specializing in antimonopoly legislation and dispute resolution.

He has substantial experience representing major Russian companies, among them those with government equity participation, in a variety of economic sectors (such as power transmission, oil and gas, telecommunications, metal-making, and banking) before arbitrazh courts and courts of general jurisdiction in complex antimonopoly, administrative, and civil cases and planning defense strategies and tactics, participating in proceedings at the Russian Federal Antimonopoly Service in disputes over alleged breaches of antimonopoly legislation, and advising clients on civil law, antimonopoly legislation, litigation issues, and civil procedural matters.

Highlights include: 

• Successful defense of a business owner (operator of a remote transport safety system using Glonass / GPS positioning systems) in a court dispute initiated by certain corporate raiders attempting to take over the company and strip it of its assets and claiming that the company participant's decision to terminate the general director early and to appoint a new chief executive officer was illegal.
• Representation of a client in a court action to recover late charges from a breaching work contractor along with interest accruals on the advance paid for the delayed job. The proceedings resulted in the plaintiff being awarded the larger share of the claim (with further damages won at the appellate stage) and the respondent agreeing to enter into a debt repayment agreement.
• Successful defense of the general director of a large transport and logistics company in five administrative cases targeting him for failure to provide documents requested by a tax inspectorate. All the five cases were terminated after the general director was cleared of any administrative wrongdoing.
• Client representation in a court action for the exaction of a building company's debt to the client from a surety giver and for the adoption of interim measures by attaching the latter's assets.
• Successful defense of a client in court against its former general director seeking a contracted "golden parachute" payout and the so-called moral damages. The court fully rejected the multimillion lawsuit.
• Successful representation of a client in court in an action for the invalidation of a decision made by the Federal Tax Service's Inter-District Inspectorate No. 46 in Moscow and of the corresponding entry made in the Consolidated State Register of Legal Entities on the client joint stock company being restructured through accession to another legal entity, both of which had been initiated by a hostile corporate raider. The litigation ended with the court finding the decision invalid and ordering the above entry to be removed from the register.
• Representation of a client in court in a dispute over the cadastral value of certain property.

Before joining Jus Aureum, Sergey Kartoshkin's experience included the following:

• Successful representation of a major Russian electricity company in challenges to certain FAS resolutions imposing turnover-based fines with reference to Article 14.31 of the Administrative Infractions Code. The result was slashing the fines from more than RUB 249 million, RUB 128 million, and RUB 144 million to the minimum RUB 100,000 in each case.
• Successful defense of a large Russian recruitment company in antimonopoly proceedings in an unfair competition case against a competitor who had illicitly used the client's trademark and trade name. The FAS granted the claims by obliging the competitor to stop using the intellectual property concerned and to alter its trade name.
• Participation in numerous challenges to decisions and directions from the regional authorities and the head office of the Russian Federal Antimonopoly Service in antimonopoly cases over market dominance abuses and over objections to the clients' inclusion in the register of dominant entities on a number of markets (including, but not limited to, the mobile Internet access service market).
• Participation in proceedings to challenge the FAS denial of preliminary consent to a Russian bank seeking to make a trust management contract for a big shareholding in an electricity company.
• Successful representation of a major company in several administrative court challenges to resolutions imposing administrative fines.
• Defense of a leading oil and gas company against a minority shareholder's action to compel the plaintiff to send all minority shareholders a compulsory invitation to purchase its shares.
• Defense of a client against a lawsuit filed by minority shareholders in a major telecommunications company for its transaction executed as part of an option program to be invalidated and for the consequence of its invalidity to be invoked to result in mutual restitution.
• Exaction of a large amount of interest in favor of a metal-making company in punishment for a respondent's foot-dragging in complying with a sui juris court act awarding monetary funds to the company.
• Representation of a major electric power company in a case for the recovery of a large fine from a contractor having been late with its work.
• Successful representation of a major client in several cases over lawsuits for the invalidation of its assignment / cession contracts and for the return of over RUB 100 million. All cases were capped by decisions favoring the client.
• Participation in a case over claims for a bank's return of excessive interest paid by the client under a contract.
• Successful defense of a client's interest in several disputes over cadastral values of properties.

Education

Sergey Kartoshkin graduated cum laude from the Lomonosov Moscow State University in 2007 after majoring in civil law.