Services


Arbitration

Our firm has one of Poland’s leading arbitration practices. For many years the firm and its partners engaged in the arbitration practice have been named in leading positions by Polish and international rankings, including Rzeczpospolita, Legal 500, Chambers Europe, Chambers Global, Best Lawyers® in Poland, and the Guide to the World’s Leading Experts in Commercial Arbitration.

We offer unique, longstanding experience gained in our role as advisers and representatives of parties as well as arbitrators and previously in the judicial profession. Partners specializing in arbitration are recommended arbitrators for a range of permanent arbitration courts, including the largest in Poland, the Court of Arbitration at the Polish Chamber of Commerce.

Our experience includes domestic and international arbitral proceedings under various sets of rules, including UNCITRAL, the International Chamber of Commerce (ICC), the Vienna Rules (VIAC), and the Swiss Rules (ASA); arbitration disputes concerning construction contracts, mergers and acquisitions, real estate, commercial contracts, companies, and investment projects, as well as advice and representation in international investment arbitration; Proceedings before the state courts in arbitration-related cases.

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Construction | Infrastructure

By their nature, disputes connected with construction of buildings, roads and motorways require specific knowledge and experience. Our lawyers have used this knowhow to successfully represent clients in disputes of this type. Legal assistance in construction disputes covers all stages of implementation of construction projects, starting from proper wording of construction contracts to minimize the risk of future disputes at this stage. Construction projects tend to generate an especially large number of disputes, particularly between the investor and the general contractor or between the general contractor and the subcontractors. Effective legal advice at this time enables the participants in the construction process to maintain control over performance of the contract and keep conflicts from arising.

But when a conflict does arise, it is necessary to create a strategy for resolving it reflecting all of the circumstances and varying scenarios, and then to consistently implement the strategy using all available instruments.

The experience of the firm’s lawyers includes serving as arbitrators in construction disputes.

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Competition | Public Procurement

Competition Law

We advise businesses on the law of competition and consumer protection as well as combatting unfair competition. Our advice also extends to EU regulations.

We support our clients from the stage of planning their commercial ventures. We assist in selection of measures avoiding the risk of abuse of a dominant position or conclusion of anti-competitive arrangements. We advise on actions, market strategies, contracts and rebate policies. Drawing on our many years of experience, we recommend concrete solutions minimizing legal risks. We also draft contracts, terms and conditions, and other documents tailored to the specific venture.

We represent businesses in proceedings before the Office of Competition and Consumer Protection and the Court of Competition and Consumer Protection.

Public Procurement

We provide businesses with comprehensive advice in the process of seeking the award of public contracts. As part of this service, we also advise bidders seeking public contracts in the field of defence and security, offering full support for such procedures. We prepare analyses of contract announcements, tender documentation, and other documents providing the basis for submission of tenders. We draft legal opinions related to the public procurement process, as well as instruments necessary for clients to pursue legal recourse in procurement procedures. We represent contractors before the National Appeal Chamber and the courts.

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Real Estate

We have many years of experience advising on commercial real estate transactions, leasing, and development projects. We provide comprehensive legal support at every stage of the transaction, including selection and implementation of the optimal structure from a tax perspective. Our goal is to ensure our clients certainty in the selection of the right transaction strategy for them and to protect them against risks they have not agreed to assume.

Our experience enables us to identify and minimize the potential risk of a dispute arising, but when a dispute is unavoidable our support includes advice and representation, in court or in arbitration, concerning the transaction, the construction process, and relations between occupiers of real estate and suppliers of services.

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Corporate Law

We advise on all issues related to the operation of companies as well as investments. Thanks to our many years of experience, we offer clients legal security in their everyday operations and in performing contracts and pursuing transactions. Our legal advice allows companies to organize and operate their business in the most efficient manner, while minimizing legal risks for the company, shareholders and managers.

Our experience also includes comprehensive legal support for foreign investments in Poland.

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Data protection | data security

We deliver comprehensive solutions for protection of personal data, from implementation of the General Data Protection Regulation and national data protection regulations to ongoing advice in this area. We conduct data protection audits and assist clients in achieving thorough implementation of the GDPR (developing full data protection documentation, including drafting internal policies and procedures and recommendations for securing data).

We represent clients in proceedings before the president of the Personal Data Protection Office. We also provide ongoing legal support on data protection (consultations on data protection, review of documents, negotiation and drafting of data processing contracts, support in handling requests from data subjects, and notification of breaches). Drawing on our wealth of experience across the field of employment law, we assist clients in implementing solutions for protection of personal data in HR administration. We also conduct reviews of websites and IT systems for compliance with the law in this area.

Our experience includes implementation of the GDPR and national regulations for dozens of entities (companies, foundations and associations), dozens of audits (in forms tailored to the client’s needs), and ongoing support on privacy protection, which we have been conducting for our clients for many years.

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Tax law

We provide services covering all taxes in force in Poland. We advise on our clients’ everyday operations, analysing tax aspects of their contracts, including transactions involving real estate, intellectual property, and new technologies. We support businesses during audits by the tax authorities in proceedings before the administrative courts.

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White collar crime

Our experience gained over many years of handling criminal cases enables us to assure the highest level of protection of our clients’ interests at each stage of criminal proceedings. We specialize in representing clients in proceedings before law enforcement and judicial authorities, and moreover we advise on risks connected with operating business activity.

We provide legal assistance to entrepreneurs who fell victim to economic crime. In cooperation with renowned private investigators, we assist by searching for and securing assets for coverage of crime-based claims. We defend clients in criminal proceedings, and we support them in dealings with law enforcement authorities. We participate in internal investigations. We help collect evidence and we assess its viability in potential court cases. We advise on legal and regulatory risk minimisation. We help develop internal security procedures and we advise on cybersecurity.

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Aviation law

We advise airlines operating in Poland for many years or just launching operations here. We have many years of experience representing airlines in cases involving passenger claims, before the Civil Aviation Authority and the courts. We also represent clients in administrative proceedings before the president of the Civil Aviation Authority concerning all manner of licences, approvals and notifications (e.g. licences to operate scheduled flights and to sell airline tickets in Poland).

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Employment law

We provide comprehensive advice to businesses on legal aspects of HR management, particularly individual and collective labour law. We advise on all aspects of this field, from recommendations and documentation concerning formation and termination of employment relationships, through internal anti-mobbing procedures, to conducting group layoffs and negotiations with trade unions. We also support clients in implementing standard and nonstandard employee incentive programmes.

We draft documents required by mandatory provisions of employment law and also analyse internal regulations in force at employers, such as pay rules and rules for workplace social benefit funds. We support clients in implementing and operating employee pension programmes (PPE) and employee capital plans (PPK). We also support clients in connection with inspections, particularly by the State Labour Inspectorate (PIP) and the Social Insurance Institution (ZUS) and in proceedings involving occupational diseases.

In addition, advocate Michał Chodkowski is a member of the management board of the Polish HR Association (PSHR).

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Employment Disputes

We support businesses in building relations with employees to minimize the risk of disputes. But when a dispute is unavoidable, we assist in developing practical, effective and advantageous solutions enabling the dispute to be resolved if possible before reaching the court, and we take an active part in negotiations with employees. When necessary to resolve the dispute, we also represent clients in court.

Our lawyers have a wealth of experience in negotiations with employees, drafting optimal solutions used in settlements in or out of court, and in legal representation before the labour courts in all types of disputes with employees, including disputes connected with termination of employment upon notice or on disciplinary grounds, pursuit of claims based on non-competition agreements, cases seeking to establish an employment relationship, and disputes involving discrimination and mobbing. We also represent clients in disputes arising out of proceedings conducted by authorities, including appeals from decisions by the Social Insurance Institution and cases related to findings of occupational diseases by the State Sanitary Inspectorate (SANEPID).

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Litigation in the Courts

Professional assistance to parties to judicial proceedings in commercial, civil, administrative and tax disputes is one of our law firm’s leading practices. For many years we have been named in top positions in this field by national and international rankings of lawyers and law firms, including Rzeczpospolita, Legal 500, Chambers Europe, Chambers Global, and Best Lawyers® in Poland.

When advising our clients, we draw on not only our many years of experience as advocates and attorneys-at-law, but also on experience gained by members of our team serving as judge, arbitrator or mediator. This provides us a broad perspective on issues and facilitates identification of the optimal solution.

We advise on how to minimize the risk of disputes arising, and when a dispute does arise, how best to resolve the dispute.

We assist clients in all types of commercial, financial and property disputes, as well as other disputes arising out business operations. In every case such assistance requires the development of a strategy and selection of the appropriate tools and means. We are not restricted to typical off-the-shelf measures.

We assist clients in cases pending before all courts in Poland, including the Supreme Administrative Court and the Supreme Court of Poland.

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Direct selling

We provide comprehensive advice on all aspects of operating direct selling enterprises, particularly with respect to drafting forms for documents used in dealings with distributors and consumers, such as contracts, general terms and conditions, handbooks, marketing plans, and incentive programmes, including promotional autos and shares. We not only ensure that documents comply with the applicable regulations, but also assist clients in selecting the optimal solutions for the Polish market and upgrading existing solutions. We advise on the legal framework for cooperation with distributors as well as selection of the most advantageous tax solutions and specific business models. Depending on the client’s needs, we adjust documents used in other countries to the requirements in force in Poland or draft the necessary forms from the ground up to meet the client’s individual expectations.

Our experts have cooperated with the Polish Direct Selling Association (PSSB) since its establishment in 1994, providing the association with ongoing legal services and supporting the association in implementing a range of initiatives. The firm’s lawyers were involved in drafting the PSSB Direct Selling Code. Advocate Michał Chodkowski serves as National Administrator of the PSSB Code, a position held by advocate Maciej Łaszczuk until 2016.

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Mergers & acquisitions

For many years we have advised clients on a range of transactions involving corporate acquisitions, mergers, divisions, reorganizations, and restructuring. We also advise on the sale of enterprises and business lines. Our experience includes international transactions and local projects. We specialize in mid-size transactions.

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Intellectual Property | Telecommunication | New Technologies

New Technologies and e-Commerce

We advise Polish and foreign businesses operating on the market of new technologies, such as software creators, supplies of telecommunications solutions, providers of big-data processing services, systems for the operation of payment instruments, and providers of electronic services.

We assist businesses in preparing comprehensive e-commerce solutions, including review of contracts and documents connected with online trade and other new methods of concluding transactions (e.g. terms and conditions for online services, privacy policies, and instructions for administering IT systems). Our advice covers issues related to requirements of the law of data protection, electronic services, telecommunications, and consumer protection.

Intellectual Property

We offer many years of experience advising on copyright law, industrial property law, and protection of personal interests. We draft contracts on transfer of intellectual property assets, including IT, and represent clients in negotiation of such contracts. We support our clients in registration of IP rights in domestic, EU and international proceedings, in particular trademarks and industrial designs. We also assist in conducting legal audits of IP resources, implementation of programmes for protection of IP rights, and management of portfolios of intellectual property assets.

The firm is a member of Adlaw International, a global network of law firms specializing in advertising and marketing law, recommended by the international ranking Chambers Global.

We represent clients in registration proceedings, as well as in litigation concerning exclusive rights before the Polish Patent Office, the European Union Intellectual Property Office in Alicante and before administrative courts.

Our services also include legal assistance in cases concerning customs protection at the border against goods infringing intellectual property rights.

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