Protection from raiding and unfair competition

Unfortunately, nowadays in Ukraine and in Odessa in particular, such phenomenon as raiding (from English “raid” – sudden attack) is rather widespread. Having built a successful business and asserted yourself in the market, you can become an object of increased attention from both the government authorities and the raiders who often act together. The objective of attackers is usually property owned by your company, including real estate, intellectual property and other valuable assets, or the enterprise as a whole.

Today raider attacks are carried out not only through physical seizure of premises and property of a company, but also with the help of well-planned legal actions aimed at changing the management and owners of the company, withdrawing assets, and also by conducting cyber- attacks on information systems and databases of your enterprise.

Without giving due consideration to the protection of your business from raiders, you risk eventually losing control over it and incurring substantial material losses.

The signs that raiders are interested in your business:

  • There are threats directed against the owners and management of the company;
  • Outsiders began to actively buy up accounts payable of the enterprise;
  • There are more frequent inspections by controlling agencies;
  • The activity of operations with small equity stakes of the company has intensified;
  • There are attempts to carry out unauthorized changes of information about the company in the Unified State Register of Legal Entities and the information on your property and property rights in the relevant registries;
  • There are many spontaneous lawsuits against your company based on all sorts of far-fetched grounds;
  • Black PR is carried out in relation to your business;
  • The cases of unfair competition with respect to your company have become systemic in character;
  • There are attempts to blackmail and bribe the owners and management of the company;
  • The owners and top managers of the company receive a lot of “empty letters” by mail (such actions are usually taken to prepare for a meeting of shareholders or creditors in a bankruptcy case as well as other actions that require a mail notification or a receipt on dispatch of letters).

It is extremely difficult to withstand a forcible takeover of business by raiders without proper preparation due to the fact that today’s raiders are well-coordinated and experienced groups consisting of lawyers, analysts, auditors, programmers, and officials. Using the well-tuned schemes of raider attacks for years, the attackers are able to deprive you of business and leave with considerable debts in almost a few months, days or even hours.

In matters of business protection, the popular Latin Expression Si vis pacem, para bellum (If you wish peace, prepare for war) is very appropriate. This is due to the fact that it is more difficult to protect business during a raider attack than it is at the stage of its preparation. In order to leave no prospect of hope for raiders as to establishing control over your company, it is necessary to take a complex of preventive measures that will constitute an effective and competent defense strategy in case of an attack on your business. Using a qualified approach to this issue, the attacks of raiders will be doomed to failure even at the stage of their preparation, and in case of their implementation, they will be successfully repulsed.

The lawyers of the Law Firm “Dominanta” provide a full range of services related to the protection of businesses from raider attacks, which include, in particular:

  • Legal and accounting due diligence of company’s documentation to identify and eliminate potential opportunities for raider attacks;
  • Regular monitoring of electronic registers of property rights and introduction of legal restrictions to prevent illegal re-registration of property and property rights;
  • Ensuring the safety of company’s documentation;
  • Training and briefing of company employees in case of sudden emergency situation;
  • Optimization and creation of a protected structure of business and investment;
  • Measures to protect assets, including intellectual property;
  • Developing measures to prevent corporate conflicts or resolve existing ones;
  • Protection of company’s interests in courts and law enforcement agencies;
  • Representation of company’s interests in case of unfair competition in the bodies of the Antimonopoly Committee of Ukraine (AMCU);
  • Appealing illegal actions/omissions of state authorities, local self-government, law enforcement and supervisory bodies in case of their participation in a forcible takeover;
  • Initiating the opening of criminal proceedings against persons engaged in a forcible takeover;
  • Providing legal assistance and the presence of lawyers during searches, interrogations and inspections at the enterprise;
  • Negotiating and resolving conflicts with state and local self-government authorities, law enforcement and controlling bodies, public organizations and activists;
  • Ensuring wide publicity for the attempts of forcible takeover by raiders in the media, organizing PR and social pressure on the raiders;
  • Implementing measures to protect information systems and databases of the company from cyber-attacks;
  • Involvement of security structures for counteracting the forcible takeover and for the physical protection of executive officers, premises and property of the company, and many other issues.

The scheme of cooperation with our company is as follows:

  • Consultation in the office of Law Firm “Dominanta”
  • Signing the agreement on provision of legal and consulting services
  • Detailed analysis of company’s documentation and formation of a strategy to protect the business from raider attacks
  • Development of proactive and preventive measures to prevent and stop a raider attack
  • Transfer of completed work to the client

Having completed the work on a particular case, we are ready to offer you a permanent subscription service within the framework of the “Anti-Raider” service package. The cost of the package is 5,000 UAH per month and it includes:

  • updating and adapting anti-raider measures introduced in the company to new changes in legislation;
  • monitoring of electronic registers of property rights in order to prevent unauthorized changes;
  • monitoring of the register of court decisions for the presence of court cases which may become the cause of raider attacks;
  • verification of hired employees whether they have a conflict of interests as well as problems with law enforcement, fiscal bodies, the State Executive Service of Ukraine, financial institutions.

If you decide to secure your business from forcible takeovers by raider yourself, we recommend that you follow the following rules:

  • Compile and register the constituent documents properly;
  • Regulate additionally the relations of business owners in corporate contracts;
  • Check different registries regularly for unauthorized changes;
  • Prepare the workforce for possible emergency situations;
  • Carry out economic activities of the company as transparently as possible;
  • Prevent large debts of the company to banks and counterparties;
  • Ensure reliable physical and technical protection of the company;
  • Organize the internal security service in the company;
  • Create an effective and understandable structure for managing the company, assets, and investments;
  • Track media publications of a negative or compromising nature relating to your company and its executive officers and, if possible, try and make rebuttals;
  • Avoid conflicts between the owners of the company;
  • Regulate the degree of responsibility of the top managers of the company for the losses they incurred.

Law Firm “Dominanta” looks back at many years of successful experience of protecting business from raider attacks both in Odessa and throughout Ukraine. The career history of the firm includes the cooperation with more than 20 large enterprises, which have taken the advantage of our anti-raider services since 2003. Among them there are such companies as Odessa Cement Plant, Orion, Soprotivlenie, Odessa Foundry, Farmatsiya, Istrian, Building Group, Odeszhilstroy, Odessa Privoz. In each case, our lawyers have reduced the efforts of the raiders to zero.

As the confirmation of high qualification and professionalism of leading specialists of Law Firm “Dominanta”, the seminar “Protection of Business 2018” was successfully conducted, where the valuable practical advice and recommendations for the successful conduct and protection of business were provided.

The highly qualified team of professionals is always ready to become a reliable shield for your business against any encroachments by ill-wishers.

Our lawyers will assist you in the fight against raiding both at the initial stages of attacks which are characterized by threats and blackmail, and at active stages which are usually accompanied by lawsuits, forceful “shake-downs”, and the process of unauthorized takeover of the company.

We work for your success!