New technologies law

New technologies law, in its general sense, is one of the most significant fields of our work. We have been collaborating for many years with leading companies in the TMT industry, supporting them in the solution of their ongoing legal problems, as well as during long-term processes carried out as part of their business. Knowledge and experience in the field of project life cycles connected with new technologies and the processes they involve make for efficient management of the crisis situations that accompany them, and the risk of these occurring can be assessed at the negotiating stage.

At the request of clients from the IT  industry, we advise on the processes of creating, integrating and implementing IT systems, by preparing license, implementation, support, partnership, distribution and subcontractor agreements, or negotiating the conditions for these on their behalf.
In addition, thanks to our collaboration with one of the largest cable television operators, our team contains consultants specialising in telecommunications law.  In disputes, we represent the interests of our clients at court, developing the optimum strategy and implementing it during the proceedings.

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GDPR

Rapid technical progress and globalisation have led to an increase in the scale of the availability and use of personal data. The Regulation of the European Parliament and of the Council (EU) no. 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), which came into effect on 25 May 2018 comprehensively and on various levels regulates matters concerned with processing personal data. The new legislation makes it necessary to recapitulate established procedures and documentation of personal data processing.

The firm has experience in a range of matters connected with personal data protection. We have conducted information audits for our clients (whether as part of our general legal services or for a specialised project) with regard to the personal data processed at their companies, and then analysed the data and used it as a basis to prepare, together with the clients, documentation of the personal data processing in line with Personal Data Protection Act and more recently with GDPR. We conduct ongoing consultations at our clients’ request, on all matters connected with personal data protection within the business they operate, particularly in the IT, food and outsourcing industries.

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Intellectual property law

Trademarks, software created, documentation prepared and other works covered by copyright are usually a valuable asset of every organisation. It is worth taking care of their legal security and knowing how to manage risks in this field.

The members of the firm’s team have many years of experience in matters involving intellectual property law. Activities in this area are mainly connected with copyright and trademark protection law. At the request of our clients, we prepare strategies and models for acquiring and protecting those rights in contracts, or in disputes at court or in the Patent Office. We support clients from a variety of industries, particularly IT and food.

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Tax law

Tax law, including its international aspect, constitutes one of the major areas of our consultancy services. We advise our clients in tax matters connected with their ongoing business activities, as well as in incidental tax issues.

We ensure our clients professional assistance in the fields of:

  • selecting an efficient and fiscally effective model for achieving business aims;
  • fiscal modelling of business processes at clients’ companies;
  • indicating areas of tax risk in the client’s business and evaluating it;
  • representing and advising during proceedings in tax matters, including representation at the Supreme Administrative Court, in disputes with tax authorities.
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Business contracts

Following the principle that it is better to prevent potential threats than solve problems once they occur, we advise on how best to safeguard the wealth  and legal interests of our clients at the stage of drafting and negotiating contracts. When drafting and negotiating contracts on behalf of clients, we think first and foremost of the business they will be concerned with. We also bear in mind the correlation of the text of the contract with the company’s business aims and model for realising these.

As part of the ongoing and ad hoc assistance for entrepreneurs, we provide services connected with such areas as creating a general and detailed concept of contracts, designing the content of the contracts, negotiating the content on behalf of clients, consultancy within the scope of interpreting the provisions of contracts already signed by the entrepreneurs and evaluating contracts

We specialise in particular in drafting and negotiating long- and short-term cooperation agreements, contracts concerning IT law, investment contracts signed as part of business restructuring processes, construction work contracts, real estate trading contracts, corporate contracts, employment contracts and others connected with employment relations, mangment contracts, consortium contracts.

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Restructuring businesses

As active observers of market tendencies, we are aware of the trends in consolidation and optimisation. We provide consultancy within this scope during the processes of incorporating, transforming, dividing and merging companies, by producing the appropriate legal documents, advising with regard to the optimum methods and forms of restructuring, and taking other factual and legal actions necessary during these processes. Particularly helpful in this area is the knowledge and experience of our tax and accountancy specialists. This enables us to offer clients a complete service as a single firm.

We also support businesses in their restructuring processes conducted pursuant to the Restructuring Law Act of 15 May 2015.

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Banking and finance

Members of the firm’s team have great experience in servicing banks and other financial institutions, working directly at the behest of those institutions. For many years we have been participating in both ongoing legal services for banks, and in the creation of new projects. We have prepared template documentation for banking and financing projects.

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Real estate and consrtuctions investments

Members of the firm’s team have great experience in serving real estate transactions, rental, leasing and similar contracts, as well as using property as security for debts. We have prepared legal expertise and draft contracts, and conducted audits of the legal state of property.

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Competition law

The firm has been supporting its clients for many years within the scope of competition and consumer protection law.

In particular, within the field of analysing the processes of business concentration in terms of the feasibility of declaring an intent to concentrate to the Office for Competition and Consumer Protection or the European Commission, and preparing declarations of intent to concentrate and representing businesses in proceedings connected with concentration at the Office for Competition and Consumer Protection, representing in litigations at common courts, Warsaw District Court, the Competition and Consumer Protection Court and the Supreme Court.

The firm additionally provides services in the field of analysis and legal evaluation within the conformity of the business’s activities with the provisions of the suppression of unfair competition legislation, and in particular those pertaining to product labelling, product imitation, hindering access to the market and advertising malpractices.

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Labour law

Fully aware that employment relations are an inseparable and important element in economic relations when providing services to corporations, we advise our clients in employment matters, i.a. by producing at their request contracts concerning employees of various levels, and other documents connected with organising and planning of work (including regulations), and by advising on forms and possibilities for employment, and the principles and consequences of terminating employment contracts.

In the case of planned restructuring, we advise on choice of optimum employment structure, analysing all the pros and cons.

If all amicable methods for resolving an employment-based dispute fail, we represent clients in disputes at labour courts.

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Succession planning

Death can rarely be planned. Retirement can, though. In both cases, it is worth planning a succession, giving sufficient notice and avoiding the inconvenience caused by making such plans post factum or ad hoc.

For years, we have been advising our clients how to prepare a company or group of companies for a succession, either due to the death of one of the owners, or simply passing on the running of the enterprise to a new generation. We work together with the client to agree an individual and effective model for the transfer of knowledge, power and finally ownership of the company or its parts. We prepare full succession documentation to implement the strategy adopted.

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Public procurement

Due to the fact that our regular clients are active as contractors in proceedings conducted in line with the Public Procurement Law, we have been providing them with advice in this regard for many years, taking part in the preparation of appeals and complaints, representing them at the National Appeal Chamber and analysing the provisions of the terms and conditions and other documents connected with the proceedings.

We are also experienced in preparing proceedings from the legal side for ordering parties, including terms of reference, framework agreements, etc.).

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Health protection

Clinics, both public and private, require legal support to function properly just like any other enterprise. Many years of experience with numerous companies have prepared us to provide assistance to clinics too. Collaborating with doctors and clinics has given us a highly nuanced view of the problems connected with working time in the health service, responsibility for professional mistakes, tendering and public procurement. This specialised knowledge and experience in the scope of both civil and criminal procedural law enables us to properly assess the risk involved with the civil or criminal responsibility of both employers and employees. This in turn means that we can collaborate freely and provide assistance to clinics.

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Criminal proceedings and law

When going about our daily business, we do not realise how often we have contact with matters of criminal law. This applies both to situations where we are the injured party, and situations where we are suspected of committing a crime or offense.  When running a business, there is a higher risk of making a mistake which results in criminal responsibility. Unpaid tax or invoices, placing an employee’s signature on a document, accusations of copyright violation - these can all mean problems with the police or prosecutor.  This is why we help clients manage in such a way that they minimise the danger of committing a crime. We also help to assess whether a competitor’s unethical behaviour constitutes a crime.

Our wealth of experience in representing clients in criminal and fiscal crime cases enables us to act as support for clients.

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International debt collection

In times of economic downturn, many entities, entrepreneurs and consumers fail to settle their obligations. Open borders, the expansion of the labour market into other EU states, and increasingly broad collaboration with businesses abroad can form an additional potential obstacle to settling claims. Our firm’s offer with regard to international debt collection shows that having a headquarters in another EU member state does not prevent such collection.

As well as services in the field of negotiating contracts and protecting creditors’ interests at this early stage, we also offer a comprehensive service in the debt recovery process, from the payment reminder right up to enforcement proceedings. Working together with many foreign law firms within the Warwick Legal Network means we are also able to ensure our clients cross-border services concerning debt colection even when the debtor is in another EU state.

At the request of a client who is prepared to extend the repayment deadline, our specialists conduct the negotiations and also prepare an appropriate draft settlement.

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