Tuyana Molokhoeva - Legal Specialist & IT Expert

Tuyana Molokhoeva, LL.M.

General Counsel

Tuyana Molokhoeva is an international arbitration and complex business litigation expert. As an experienced foreign attorney, she is well-equipped to implement legal perspective to all aspects of expert work in both litigation and technical due diligence projects. Before joining Quandary Peak Research, she worked for a top international law firm, leading cross-border legal teams in multimillion dollar international arbitrations and litigations involving foreign investment, commercial contracts, shareholder disputes, and software development. 

At Quandary Peak, Tuyana advises clients on IP litigation and arbitration involving trade secret misappropriation, breach of contract, and copyright infringement. She provides assistance to experts at all stages including client onboarding, analysis of documentary evidence, discovery, and expert report drafting. On technical due diligence projects, she focuses on analysis of open source software components, including interpretation of programmatic analysis results, assessment of the risks related to open source licenses terms and cybersecurity vulnerabilities and possible ways to address them. She also provides project management support in technical due diligence and litigation cases, including organizing the team internally and ensuring the final product addresses the client’s specific concerns. 

Tuyana obtained her Master’s Degree in Law from the USC Gould School of Law where she was a recipient of the prestigious Dispute Resolution Award (merit-based full tuition scholarship). She also earned the Graduate Certificate in Technology and Entrepreneurship Law together with her Master’s degree. She obtained her first law degree from Lomonosov Moscow State University in 2014. 

Tuyana currently serves as a Co-Chair of the Young CalArb—a young chapter of California Arbitration—a non-profit organization which is aimed to promote resolution of international business disputes through arbitration in California.

Summary of Qualifications

  • Management and coordination of technical due diligence projects in the context of M&A transactions and internal assessment; drafting, reviewing and finalizing technical due diligence reports.
  • Analysis of open source software components in technical due diligence projects, including interpretation of programmatic analysis results, assessment of the risks related to open source licenses terms and cybersecurity vulnerabilities.
  • Assisting experts on coordination, document review, information requests in IP litigations and arbitrations.
  • Interfacing with clients regarding organizational aspects of the projects and delivering the final product.
  • Holds a Master of Law (LL.M.) and a Graduate Certificate in Technology and Entrepreneurship Law from University of Southern California, Gould School of Law.
  • Successfully represented clients in international arbitrations under UNCITRAL, LCIA and SCC Rules seated in London, Hong Kong, Stockholm, and New Delhi.
  • Successfully represented clients in cross-border litigations in various jurisdictions, including the Netherlands, US, UK, Cyprus, Malta, Turkey, and Switzerland.
  • Drafted written submissions and witness statements, analyzed documentary evidence, handled procedural correspondence with an opposing party and arbitrators, prepared memoranda, interfaced with clients, supervised the work of junior associates and paralegals, coordinated the work of foreign counsel and experts, and developed the case strategy.
  • Fluent speaker in Russian, and English.

Areas of Expertise

  • International arbitration
  • Complex business litigation
  • Cross-border dispute resolution
  • International M&A transactions

Litigation Experience

  • ClubReady LLC v. Xponential Fitness et al.
    Jurisdiction: American Arbitration Association
    Counsel: Willkie Farr & Gallagher LLP
    Nature of Suit: Breach of Contract
  • K+S Potash Canada General Partnership v.
    Veolia Water Technologies Inc. et al. (Case No. QB No. 817)

    Jurisdiction: Court Of Queen’s Bench For Saskatchewan
    Nature of Suit: Breach of Contract
    Counsel: Stikeman Elliott LLP
    Technology: Plant Design Management Systems (PDMS), Clash Detection, Database synchronization
  • Coinmint v. Katena (AAA Case No. 01-22-0001-7627)
    Jurisdiction: American Arbitration Association
    Counsel: Gordon Rees Scully Mansukhani, LLP
    Nature of Suit: Breach-of-Contract
    Technology: Cryptocurrency mining
  • Espíritu Santo Holdings, LP and L1bre Holding, LLC v. United Mexican States (ICSID Case No. ARB/20/13)
    Jurisdiction: ICSID (Washington, DC)
    Counsel: Ministry of Economy of Mexico, Pillsbury Winthrop Shaw Pittman LLP
    Nature of Suit: Investor-State Arbitration, Intellectual Property Misappropriation
    Technology: Mobile phone applications, ride hailing services
  • Confidential Arbitration (Mexican technology company v. Mexican subsidiary of a major Chinese technology company)
    Jurisdiction: Hong Kong International Arbitration Center
    Counsel: Confidential
    Nature of Suit: Breach-of-Contract
  • RoboticVisiontech, Inc. v. ABB Inc.
    Jurisdiction: Delaware District Court
    Counsel: Sterne, Kessler, Goldstein & Fox
    Nature of Suit: Copyright, Trade Secret, Patent
  • PJSC RusHydro v. Kyrgyz Republic (PCA Case No. 2018-21)
    Successfully represented a major hydroelectric company RusHydro in an arbitration against the Kyrgyz Republic over reimbursement of $37 million in costs incurred on construction of a hydroelectric power plant cascade in the Kyrgyz Republic. The arbitral tribunal has awarded RusHydro’s claims ordering the Kyrgyz Republic to compensate for the funds invested in the project. The arbitration was seated in Hong Kong and administered by the Permanent Court of Arbitration in the Hague.
  • Confidential arbitration,
    London Court of International Arbitration

    Represented a major Russian bank in an LCIA arbitration against a Dutch guarantor in a dispute over a $400 million facility agreement and related security package. Advised the client on the possibility to obtain provisional remedies in different jurisdictions, including Cyprus and the Netherlands, as well as overall strategy of the debt recovery and restructuring. Successfully obtained attachment orders over the guarantor’s assets in the Dutch courts.
  • Confidential matter
    Advised one of the major Russian IT companies in a dispute with its Italian subcontractor arising from a breach of contract for the development of a payment system for the central bank and a sublicensing agreement providing the rights to use the software.
  • Confidential matter
    Advised one of the major Russian banks in a joint venture dispute with the founder of the failed fin-tech startup company.
  • Confidential arbitration,
    Stockholm Chamber of Commerce

    Represented a State Agency in an arbitration under the Rules of the Stockholm Chamber of Commerce against a CIS based company concerning a dispute over a road infrastructure project.
  • Confidential arbitration (ad hoc)
    Represented a State Agency in arbitration proceedings in New Delhi concerning a dispute with the Indian shareholders of a Russian-Indian joint venture in metallurgical industry over recovery of $60 million of investments.
  • Confidential arbitration,
    London Court of International Arbitration

    Represented a Russian company in an LCIA arbitration regarding a share purchase agreement.

Technical Due Diligence

  • EnoviQ Technologies
    Context: Technical Vetting
    Technologies: Saas, AI/ML, Insurance
  • CompTIA
    Context: Startup M&A
    Technologies: SaaS, B2B/B2C, E-Learning Platform
  • Hello Hive (Hive Diversity)
    Context: Technical Vetting
    Technologies: Online Recruiting, SaaS, CRM
  • Foundation Partners Group
    Context: Startup M&A
    Technologies: E-commerce, CRM
  • Tenex Capital Management
    Context: Startup M&A
    Technologies: B2B2C, Employee Wellness

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