Legal representation in goodwill disputes
BRACE Law Firm provides legal services of representing interests in litigation on the protection of business reputation.
Despite the fact that at first glance the issue of protecting business reputation may seem quite simple to resolve, any case of such disputes requires a separate legal assessment and a detailed analysis of law enforcement practice. In this regard, in order to protect your business reputation, it is better to seek the help of an experienced lawyer in a timely manner, who will be able to competently solve the issues and defend your interests in court.
The business reputation of the organization is of great importance for its further development. Indeed, depending on how potential customers perceive the organization, its fate, stability, profit and stability in the economic market depend. Business reputation is a definite opinion about an organization. Basically, such an opinion is formed in the process of activity of such an organization, based on its positive and negative moments of behavior in the market. In addition, statements and various kinds of reviews of third parties can influence the organization’s reputation. Such information originating from third parties can be both reliable and false, aimed at reducing the confidence of potential customers.
In accordance with Art. 152 of the Civil Code of the Russian Federation, every citizen, as well as a legal entity, has the right to demand in court the refutation of information discrediting his honor, dignity or business reputation, if the disseminator of such information does not prove that it is true. To apply this method of protection in practice, you must have 3 conditions - circumstances that are relevant to the case, which must be established:
- information should be disseminated;
- information must be defamatory;
- information should not be true.
If during the consideration of a dispute on the protection of business reputation one of these conditions cannot be proved, the court will refuse to satisfy the stated requirements.
The order of consideration of disputes on the protection of business reputation
As a rule, when applying for protection of rights, several satisfaction requirements are presented, namely, the requirement to declare the information invalid, to suppress the dissemination of such information, the requirement to publish a refutation and, of course, the claim for damages in the form of real damage or lost profit.
To protect business reputation, you should go to court. The first thing to be proved in court is that defamatory information was indeed disseminated. To do this, it is necessary to fix the fact of the dissemination of defamatory information, if necessary, resort to the help of a notary. Particularly relevant is the issue of notarizing data on information discrediting a company's business reputation in the event such information is distributed on the Internet. In this case, the so-called notarization of the web page will be appropriate for the formation of the evidence base. This assurance consists in a notary inspection of the information contained on a particular site, with fixing the content of this information on the date of inspection. Such actions are recommended to be carried out in connection with the fact that the information of interest, after its distribution, can be deleted by the person who posted it.
The law does not establish a mandatory claim procedure for disputes on the protection of business reputation.
It is important to note that in order to restore violated rights in the framework of protecting business reputation, they can be used as special methods of protection, such as refuting common defamatory information, publishing your answer, deleting relevant information, for example, from the Internet, or general civil Legal remedies, for example, compensation for non-pecuniary damage or compensation for damages caused by the dissemination of defamatory information.
- Legal analysis of documents and other evidence submitted by a client in a dispute on the protection of business reputation
- Advising by lawyers of BRACE Law Firm on the prospects for judicial and / or pre-trial settlement of a dispute
- Preparation and submission of the claim (in the event that a mandatory pre-trial procedure is provided or the submission of the claim is necessary for other reasons)
- Development of a strategy and tactics for protecting a client in court
- Collection, preparation and retrieval of evidence for a court case
- Preparation and filing of a statement of claim (application) and other procedural documents on a judicial dispute
- Representation of interests, case management in court by BRACE lawyers and lawyers and completion of all necessary procedural actions
- Coordination in several parallel processes
- Legal assistance in administrative matters
- Preparation and support of the conclusion of amicable agreements concluded at various stages of the trial
- Appeal of judicial acts in courts of appeal, cassation and supervisory review
- Support of enforcement proceedings
- Other legal assistance in litigation on the protection of business reputation