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Legal market overview
The year under review has been a fruitful for one for firms’ real estate departments, as the level of investment from both Polish and international investors has remained high, with particular interest in retail centres, office buildings and logistics parks. With the market for office space in Warsaw at a premium, investors are increasingly looking at opportunities in Poland’s other major cities.
The new Act on Bonds was introduced in July 2015 and contains several innovations intended to eradicate the problems associated with previous bonds legislation, which were thought to discourage issuances of non-treasury bonds and investment therein.
On the whole, firms have reported a positive year for M&A deals; the only exception to this was in the run up to the Parliamentary elections in October 2015, when several major transactions were put on hold.
The picture is less rosy in relation to the capital markets, with equity specialists in particular finding new instructions harder to come by now that the raft of major privatisations is over. Of the new work that is being generated, some is being snapped up by Mrowiec Fialek i Wspólnicy, a boutique formed in April 2014 by former Allen & Overy, A. Pedzich sp. k. partner Zbigniew Mrowiec.
Other developments included Paweł Pietkiewicz’s departure from White & Case LLP, P. Pietkiewicz, M. Studniarek i Wspólnicy – Kancelaria Prawna sp.k. to join Greenberg Traurig Grzesiak sp. k., and Allen & Overy, A. Pedzich sp. k.’s recruitment of IP specialist Krystyna Szczepanowska-Kozłowska from DLA Piper Wiater sp.k..
Firms in the spotlight
Laszczuk & Partners
Łaszczuk & Partners is a Warsaw-based independent law firm that has been providing legal services to Polish and foreign businesses since 1989. In our work we combine knowledge and experience with creativity and understanding of business needs. We seek to ensure our clients stability and legal security in their operations. Our team of talented lawyers acts quickly, developing optimal, effective and practical legal solutions. Our strength is creation of interdisciplinary teams to solve specific tasks, allowing us to make the most effective use of our lawyers’ knowhow from various fields of law.
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As an employer it is vital that you are informed on new labour law related issues that could negatively affect your organisation. In this legal insights we explore a number of these important legal points. read more...
By its judgment dated 19 June 2015 entered in the case brought by Jan Rokita against Konrad Kornatowski (former Police Commander in Chief), the Regional Court in Warsaw allowed the claim and rendered unenforceable the 2009 judgment of the Court of Appeal ordering Jan Rokita to make a statement of apology to Konrad Kornatowski in Dziennik newspaper.
On 13 August 2015, the Court of Appeal in Warsaw dismissed in its entirety an action brought by the General Inspectorate for Road Transport against Robert Feluś and Grzegorz Jankowski for publication of a correction to the press release entitled “Libacja inspektorów od radarów ”. The article was published in “Fakt Gazeta Codzienna” on 27 September 2013.
On 26 June 2015, the Regional Court in Warsaw dismissed in its entirety a claim filed by Katarzyna Tusk against Ringier Axel Springer Polska (RASP) represented by Kochański Zięba Rapala & Partners Law Firm.
On 1 October 2015, the Court of Appeal in Warsaw reversed the judgment of the Regional Court in Warsaw announced on 2 February 2015 in the case brought by Marek Falenta against Michał Wodziński (the former editor of Fakt.pl) and dismissed the action for publication, on the fakt.pl portal, of corrections to the following press articles: “Tak żyje kelner od afery taśmowej” (“This Is How the Tape Scandal Waiter Lives”), “Tak ”Król węgla” chciał obalić Tuska?” (“Is This How the ‘Coal King’ Wanted to Overthrow Tusk?”), “Węglowy król: jakie ma haki na premiera?” (“The Coal King: What Does He Have on the Prime Minister?”), “Adwokat Falenty z pluskwą w teczce?” (“Falenta’s Lawyer With a Bug in His Briefcase?”), “Nowa hipoteza: Trio frustratów stoi za taśmami” (“The New Hypothesis: There’s a Trio of Frustrated People Behind the Tapes”), “Tak mieszka król węgla od afery taśmowej” (“This Is How the Tape Scandal Coal King Lives”).
As the modern business services market continues to experience explosive growth in Poland, it is worth keeping in mind the legal issues surrounding practices related to monitoring of employees. The line between lawful and unlawful monitoring practices is at times unclear, and issues of personal data protection also must be kept in mind.
Personal data protection generates a large number of difficulties in the day-to-day activity of service centres. This results from the complicated processes surrounding the processing of personal data in international corporations and the unique nature of the BPO/SSC industry, but also from the restrictive requirements of Polish law regarding personal data.
New minimum wage act sets lowest hourly remuneration for workers at Euro 8.50 from 1 January 2015. This regulation will have crucial impact on undertakings from other countries providing their services in Germany. Foreign employers will have to comply with the new law and pay their employees staying in Germany at least Euro 8.50 per hour.
The practice of entering into double net or triple net lease agreements has become fairly common in the modern commercial property market in Poland. This means that a significant majority of the costs of the upkeep of the leased property are shifted to the tenant.
New rules of statutory warranty bring longer deadlines and significantly alter the buyer's rights.
Piracy and copyright infringements are on the increase. As such, it is all the more important to take appropriate measures to protect one’s trademarks and intellectual property.
On October 12, 2016, VEGAS LEX organized a workshop, Advertising in the pharmaceutical sector: risk matrix , for representatives of pharmaceutical companies, manufacturers of medical devices and dietary supplements.
No distinction is made between “Mac” and “Mc” for the purposes of trademark law. The General Court of the European Union (EGC) ruled that whether the syllable includes an “a” is of no great significance (Az.: T-518/13).
Anyone who includes false statements in their application documents risks having their employment contract terminated with immediate effect.
The renewable energy company OX2 has been retained to construct the Lehtirova wind farm generating 148 MW (41 wind power turbines) in Norrbotten. The customer is Aquila Capital. Foyen Advokatfirma assisted OX2 in the negotiations regarding the turbine supply agreement and the service agreement with the turbine supplier, Vestas. The partner in charge at Foyen was Jacob Hamilton.
Members of the truck cartel will have to pay a fine totaling approx. 2.9 billion euros, and things could become even more expensive if damages claims brought by clients follow.
The IFLR1000 2017 Financial and Corporate rankings were published on October 14, 2016. VEGAS LEX improved its positions in Project finance and Mergers and acquisitions. Chairman of the Board of Partners Albert Eganyan was noted as a leading lawyer in the Project finance category.
The inheritance tax reforms have still yet to be finalized. With the Bundesrat, the upper house of the German parliament, having blocked the draft legislation on July 8, no further decision is expected to be taken before the autumn.
In an action brought by CL Educate Limited, the company behind Career Launcher (popularly known as CL), India’s premier test prep institutions, the Delhi High Court has restrained competitor Think and Learn Pvt. Ltd. (popularly known as Byju’s) and its directors from infringing and misusing CL’s trademarks to lure prospective students into enrolling.
Early signs of the new shape of IP litigation under the Commercial Courts Act are being seen in the speed with which the Delhi High Court disposed of a suit filed by Tata Sons Ltd. on the second date of hearing, applying the ‘summary judgment’ provisions contained in this Act.