Phishing is not fatal!
6 February, 2023
4
You must have heard about phishing attacks resulting in enormous losses and an unacceptably large number of lost nerve cells in such cases.
One of Interlegal case studies: the Client supplied the agreed goods (sunflower oil), while the counteragents made payment to the wrong beneficiary.
Further, the Parties, as usual, tried to agree on doing something, but in the process of actions (i.e. payment for delivered goods), the counteragents left for one-month unscheduled vacation and ignored to the Client’s calls for dialogue (just violated the Client’s work-life balance).
Our practice shows: one should understand at once, when and on whose part email address, letters or rules for conversation in such serious cases got changed.
We immediately understood the essence of communications strategy, i.e., what should be said and what should be said even more. Furthermore, the Client agreed with us, provided a qualitative analysis of what happened and explained in detail that everything was OK regarding data transmission security on the Seller’s part.
Further, it was easy: claims, legal opinions certifying the fact of that delivery and failure to receive payment. Fortunately, the contract provided the Buyer’s responsibility for late payment, the Parties incorporated both provision on Ukrainian law and, first and foremost, clause treating the Buyer’s obligations as duly fulfilled from the moment of cost enrollment to the Seller’s account.
Jointly with hours of correspondence, negotiations, letters and justifications to colleagues upon cost-saving agreement at the stage of negotiations, it was a unique case: the Client received over 300 thousand EUR without arbitration, while its counteragents understood that the beneficiary should be thoroughly verified.
Interlegal associate attorney Taras Dragan and lawyer Karina Shakhbazian, managed by associated partner Karyna Gorovaya, led the case.