Kochanski & Partners > Warsaw, Poland > Firm Profile

Kochanski & Partners > Firm Profile

Managing Partner: Piotr Kochański

Equity Partners: Piotr Kochański, Paweł Cholewiński, Dariusz Dobkowski, Agata Dziwisz-Moshe, Anna Gwiazda, Marek Jeżewski, Jacek Kozikowski, Michał König, Markiyan Malskyy, Paweł Mardas, Mateusz Ostrowski, Andrzej Pałys, Bartosz Pawłowski, Karol Połosak, Rafał Rapala, Aleksandra Ryżkowska, Michał Walczak, Wojciech Wrochna, Monika Wojciechowska

Number of partners: 30

Number of other fee-earners: +100

Offices: Warsaw, Krakow

Firm Overview:

Kochański & Partners combines technological progress, experience and expertise to create innovative legal solutions and offer its clients top quality services.

The firm is not only a legal advisor, but also an invaluable business partner, supporting companies in finding answers to global challenges and megatrends. The firm is actively shaping the legal and social environment around the hottest contemporary topics such as data-driven economics, decarbonization, the metaverse, ESG, global infrastructure, global finance and capital markets.

The firm is well-known for its cross-border services, international cooperation and knowledge sharing programmes. Its experienced lawyers and tax experts advise international companies on becoming established in Poland (through incorporation, commercial arrangements or business acquisitions) or on trading with their partners throughout the world. Its advisors are able to coordinate and provide a seamless service with the firm’s network of international law firms in Europe, the UK, the USA and Asia.

Kochański & Partners is committed to applying and promoting ESG practices in its business and work environment. The firm is a member of the United Nations Global Compact, and a signatory of the Diversity Charter under the aegis of the European Commission. The firm has voluntarily participated in the non-financial survey by independent international auditor EcoVadis, being ranked in the 89^th percentile of participating companies and awarded a Silver EcoVadis Medal.

Main Areas of Practice:

Dispute Resolution & Arbitration

Kochański & Partners’ Dispute Resolution practice consists of international disputes, commercial disputes, civil and media litigation, and disputes of financial institutions. Within this practice, more than 40 lawyers are regularly engaged in sophisticated and challenging dispute projects, often of a landmark nature.

Kochański & Partners’ international disputes team receives instructions from foreign investors under bilateral investment treaties in the most complex investor-State arbitrations, while the commercial disputes practice faces an increasing number of instructions to represent clients in the most complex commercial cases, both via arbitration and in courts. The Civil and media litigation team supports freedom of speech, often defending journalists in high stakes disputes concerning leading political and media events in Poland and Central Europe. Kochański & Partners is also well-known for having the largest team of banking litigators in Poland, which places them among a limited pool of law firms creating strategies for financial institutions facing disputes over their market practice.

Key clients: Forteam Investment, Honwood Services, PKP Polskie Linie Kolejowe, Aasted, Betomax (direct 100% subsidiary of Indus Holding), Ringier Axel Springer Poland, Bank BPH, LOT Polish Airlines, Bank PKO BP (the biggest bank in Poland), Castorama, Polskie Sieci Elektroenergetyczne (Polish national electricity transmission system operator)

M&A

Kochański & Partners’ lawyers provide comprehensive advice on M&A and private equity issues. They advise on noteworthy local and cross-border transactions and smaller scale complex projects, as well as assist strategic and financial investors and business entities.

The advantage of Kochański & Partners M&A team is their creative and pragmatic approach with priority always given to smoothly facilitate the achievement of a client’s business goals. The M&A team offers practical solutions and clear conclusions and precisely identifies and realizes the goals of each transaction.

Types of M&A transactions: share deals, asset deals, mergers, spin-offs and transformations of companies, including regulated market companies, restructuring of companies and groups of companies, exit structuring, drafting and negotiating shareholders agreements and joint venture agreements

Key clients: State Street Corporation, State Street Bank, State Street Global Advisors, LOT Polish Airlines, INDUS Holding (parent company of Betomax systems), Blachotrapez, Revolt Energy, Ringer Axel Springer, Echo Polska Properties (EPP N.V.), Redefine, Dom Development, AccorInvest Group, Universal Fibers, Knight Frank, Coca-Cola HBC, Reckitt Benckiser, Air Products, Savills

Tax

Kochański & Partners’ Tax team is best placed to provide comprehensive advice on both domestic and international taxation, including ensuring effective tax settlements and accounting.

Kochański & Partners’ tax experts have renowned expertise in the field of tax litigation, international taxation, tax compliance (including transfer pricing), dynamic tax planning and structuring, accounting and complex advisory to companies operating in innovative sectors. They conduct their projects in close cooperation with other practices in order to ensure clients receive multidisciplinary legal advice to maximize their chances at mitigating legal risk.

Clients recognize that their advisors do not limit themselves to simply solving a single problem. By taking a broader perspective and analyzing the company’s particular situation in depth, they show their clients new ways to make savings on their tax burdens, often through the obtaining of significant tax refunds.

The Tax team authored and published the ‘Taxation of Cryptocurrencies and NFTs, and Challenges in the Metaverse’, the first extensive tax report on this area in Poland.

Key services: dynamic tax planning (tax efficiency of transactions); tax compliance and tax reporting, including VAT, WHT, MDR and transfer pricing compliance; tax support in real estate transactions – share or asset deals; tax efficiency for innovative businesses; International Tax Law; CIT, PIT, VAT, local taxes; customs law; tax proceedings; tax support during the introduction of a company into the Polish or foreign market.

Key clients: State Street Bank, Tchibo, Schooner Capital, Johnson Matthey, Oxenwood Real Estate, Forza Foods, Redefine Properties, Pandora Jewellery, Techdow

 

Banking & Finance:

Kochański & Partners’ is best placed to advise its clients on every aspect of transactional banking, complex regulatory matters, litigation banking and innovative projects connecting banking and technology.

The company stands out as a pioneer and thought leader wherever technology merges with financial services. Kochański & Partners supported the biggest Polish bank in building their presence in the global metaverse and, in cooperation with the Polish Bank Association (ZBP), co-authored the major update to the Polish standard for cloud computing implementation in banks, acting as the exclusive legal counsel to the workgroup.

In terms of litigation banking, Kochański & Partners is among a limited pool of law firms creating strategies for financial institutions facing disputes over their market practices. They work with top tier banks, and as one of the premier law firms representing the banking sector have a current portfolio of over 7000 cases regarding claims over Swiss Franc related mortgage loans.

Key services: transactional banking, regulatory matters, cloud computing in the banking sector, financial services in the metaverse, litigation banking, cybersecurity in the financial service market

Key clients: Universal Fibers (subsidiary of H.I.G. Capital), State Street Global Advisors, Polish Bank Association (Związek Banków Polskich, ZBP), Bank BPH, Bank Millennium, Bank PKO BP, mBank

Energy

Kochanski & Partners offers both national and international clients a sophisticated legal and project management advisory regarding high profile energy projects, regularly acting on the development, financing, acquisition and disposal of a wide variety of energy generation and transmission assets, as well as specialist energy regulatory matters. The law firm is also building its reputation in the development of large scale and high profile infrastructural projects, with a unique and rich experience in the development of infrastructural projects in the Baltic Sea.

Kochański & Partners’ experts are best placed to advise its clients in all aspects of climate change and new technologies in the energy sector issues (including hydrogen, energy storage, and waste to energy projects). Their unique experiences in the energy market, also brings added value to infrastructural projects, in particular greenfield investments in which they advise on a number of auxiliary services including the development of the energy strategy for production facilities constructed or operated by their clients.

Key specializations: hydrogen advisory, nuclear advisory, offshore energy projects, ESG, capacity market, greenfield projects, RES, energy storage projects, biogas projects

Key clients: Ductor; CEE Equity Partners; Krynica Vitamin; Swiss Krono; Northvolt Systems Poland; SPP Group; Montis Capital; Orange Poland; Reckitt Benckiser; MFW Bałtyk (JV of Polish Polenergia and Norwegian Equinor)

Technology

Kochański & Partners’ Technology practice stands out as a thought leader in FinTech. They supported the biggest Polish bank in establishing their presence in the global metaverse and, in cooperation with the Polish Bank Association (ZBP), co-authored the major update to the Polish standard for cloud computing implementation in banks, acting as the exclusive legal counsel to the workgroup.

They authored and published the ‘Kochański & Partners Metaverse Report’, the first extensive report on the Metaverse in Poland.

The Technology Team specializes in all aspects of IT contracts, technology compliance, financial regulatory, blockchain & cryprtoassets, IT dispute resolution, and data protection, advising in particular, banks, insurance companies, payment services providers, investment funds and financial technology providers.

Key clients: ERGO Hestia, mBank, mBank Hipoteczny, mElements, Nest Bank, IZFIA (Chamber of Fund and Asset Managers), GFT Group, Związek Banków Polskich (Polish Banks Association), MAIN, Europejski Fundusz Leasingowy (Credit Agricole Group), PKO BP, Getin Noble Bank, Tameshi Investments

Real Estate

Kochański & Partners’ Real Estate practice acts for domestic and international business and advise on the full range of real estate transactions. The team has the commitment, resources and know-how to advise on all aspects of the ‘property cycle’, including acquisitions, developments, environmental, planning and leasing advice, as well as financing and exit.

Key services: general real estate advice, real estate transactions, forward purchase and forward funding projects, construction law, lease agreements, real estate financing, real estate restitution

Key clients: Panattoni, Oxenwood Real Estate, Beneteau Group, Ikea, Coca Cola, Savills Property Management, Johnson Matthey, AccorInvest Group, Skanska, Havi Logistics, Reckitt Benckiser, Equiniti Group PLC

Infrastructure

Kochański & Partners Infrastructure practice provides comprehensive advice to both economic operators and contracting authorities on the preparation and implementation of investment processes in all sectors of infrastructure and construction. The team supports its clients at every stage of the investment process, including the phase of preparing technical documentation for proceedings or obtaining financing for a given project.

The team is also best placed to provide support on designing and implementing the optimal litigation strategies within disputes arising between the investor and the contractor / subcontractor.

Since the beginning of the Russian aggression against Ukraine, the Infrastructure team, in close cooperation with the Ukrainian Desk and the Public Procurement practice, has consistently raised its voice in the ongoing debate on the direction of the country’s reconstruction, initiating numerous stationary events and webinars.

Key clients: Baltic Pipe Project (GAZ-SYSTEM), Northvolt, NewCold (Westport Capital), STRABAG, Johnson Matthey, DCT Gdańsk (Deepwater Container Terminal), Mecanotubo Poland, SIAC

 

 

Doing Business In

Poland

Business environment

Poland is an increasingly attractive market, having achieved a very stable economic growth and managing to quickly mitigate the impact of the COVID-19 pandemic. Moreover, the decline in FDI projects in Poland was one of the lowest. In comparison to other European countries, the COVID-19 pandemic influenced Polish GDP growth to a lesser extent than other European members, which led to the Polish economy recovering swiftly.

Despite the war in Ukraine, Poland remains a stable investment location, being a member of the most strategic alliances, such as NATO, and economic– such as the UE. Its attractiveness in investors’ eyes is also influenced by the reliable banking sector and mature financial sector, well-developed infrastructure and the increasing value of foreign direct investments (FDI).

Poland has an excellent central position, straddling Western and Eastern Europe. The key advantages of Poland as a business location is coastal access, allowing to become being the second most popular destination for offshore FDI projects. The central position also provides a crossroads for European trade and transport routes. In recent years, an additional advantage for the global trade come from significant numbers of well-developed logistic centres.

There are many ways foreign investors may set up business, mainly depending on country of origin. The biggest advantage is granted to persons from Member States of the UE and the European Free Trade Association, who may start economic activity in the Polish territory under the same conditions as Poles.

A popular form of conducting business by those from abroad is via establishing a branch of the company, which allows expanding its business activity and conducting it without establishing a separate legal entity under Polish law. For investors interested in becoming more closely associated with Poland, operating on a larger scale and conducting business in a more structured and formalized way, there are various forms of possible commercial companies. All types are available under the Commercial Companies Code and provide different options suitable for a wide range of business activity. These types of commercial companies are partnerships and corporations, which differ on personal and capital issues, such as responsibility.

Economy

Despite Poland being a stable investment location, the war in Ukraine, has brought many challenges for both the Polish economy and economies of countries worldwide. The ultimate results of the war are hard to currently predict, but regardless of the geopolitical and economic challenges (which have not significantly impacted the general investment situation) Poland remains a safe and stable place to do business.

Poland is the fifth most populated country in the EU, the largest country in CEE, and the sixth largest economy in the EU. The economic growth is visible also by the increasing number of cities with more than 200k of residents, which is already at 14.

The key financial stability agencies continue to rate Poland highly, with no changes compared to previous years, providing a stable outlook for the future.

Poland is currently investing in numerous strategic projects, including energy and infrastructure. It is also the largest beneficiary of EU cohesion and funding for regional development. A crucial part of this funding is targeted towards R&D enterprises, innovation and environmental projects. One attractive form is a CIT exemption for investors under Polish Investment Zones and numerous government grants. There is a wide range of tax preferences provided for investors, such as relief for automation.

Current opportunities & future prospects

Poland is a very attractive investment location from the perspective of the demographics of society and the labor market, which continues to offer competitive labor costs, connected with the highly educated affordable skilled work force. Poland is the largest academic hub in the CEE region with more than 300 institutes of higher learning. Impressive are also numbers describing the volume of students: more than 1.2 mln in total and about 350 thousand graduates each year. 20% of these are graduates of engineering or technical faculties.

At the same time, Poland is a very attractive place to live and work for skilled employes – the unemployment rate is about two times smaller than the average in the EU. Moreover, Polish people as a society are relatively young in comparison to other European countries. The structure of society and a high level of education makes Poles very open to using new technologies. One more important note regarding a relatively young society is an increasing awareness of the importance of subscribing to an meeting ESG standards.

Among the most promising industries are: information and communications technology, electronics and business services. As an example, over the past 4 years the number of FinTechs in Poland has nearly doubled – rising to almost 300 in 2022. The following factors account for the successful growth in this area: the overall macroeconomic situation, the number of technical university graduates and highly-skilled experts, as well as high demand for technology-enabled financial services and, following the COVID-19 pandemic, the change of customer behaviors. Other prospective sectors are: aerospace, business services, home appliances, pharmaceutical and medical.

Legal system

The Polish legal system is based on both domestic regulations and EU law. Direct implementation of European law is broadly based, meaning that harmonization of Polish law with the EU legislation is a fact in many areas.

The Polish legal system is not based on case law in contrast to the UK or the US legal system. However court judgments and decisions of judges adopted in previous cases have impact on dispute resolution, being an important component of the Polish legal system.

What is also important is that the Polish legal system is quite stable, but is subject to change and development. The same concerns taxation in Poland.

Due to the plethora of regulations, foreign investors should take care when choosing legal forms and structures for doing business in Poland, to ensure they select the one which is the most efficient and appropriate for them.

Foreign investment restrictions

The Polish business ecosystem is open for foreign investment, both in terms of the market availability as well as in terms of legal regulations. Nevertheless some restrictions must be taken into consideration by foreign investors, in particular related to the acquisition of real estate and certain other investments in specific areas under the regulation dated 24 July 2015 on control of investment. These restrictions concern in particular the following sectors:

1. electricity generation;
2. production of petrol or diesel oil;
3. pipeline transport of crude oil, petrol or diesel oil;
4. warehousing and storage of petrol, diesel, natural gas;
5. underground storage of crude oil or natural gas;
6. production of chemicals, fertilizers and chemical products;
7. production and trade in explosives, weapons and ammunition as well as products and technology for military or police purposes;
8. regasification or liquefaction of natural gas;
9. reloading of crude oil and its products in seaports;
10. distribution of natural gas or electricity;
11. telecommunications activity;
12. transmission of gaseous fuels;
13. extraction and processing of metal ores used for the production of explosives, weapons and ammunition as well as products and technologies for military or police purposes;
14. production of devices, instruments and medical devices;
15. production of drugs and other pharmaceutical products;
16. trade in gaseous fuels and gas with foreign countries;
17. generation or transmission or distribution of heat;
18. reloading in inland ports;
19. processing of meat, milk, cereals, fruit and vegetables.

Foreign investors contemplating acquisition of shares in companies conducting business activity in the above sectors, or acquisition of enterprises or organized parts of enterprises of such companies, are required to notify the Polish Antimonopoly Authority (UOKiK) on the investment. In some specific cases the UOKiK may block such transactions. Obtainment of UOKiK clearance is also required with respect to transactions exceeding certain value thresholds.

Top tips to takeaway “What to know before Investing”

Poland is an attractive market for foreign investments, and not only for macroeconomic reasons, but also the straightforward legal system which is harmonized with EU legislation in many areas.

One of the greatest strengths of the Polish business landscape is its stock exchange and capital markets. The Warsaw Stock Exchange may be the primary or the secondary stock exchange market for foreign investors looking for growth of their capital.

Planning business in Poland requires mapping of the Polish regulations with the specifics of Polish ecosystem. Due to the complexity of the domestic regulations, foreign investors are advised to hire professional legal and tax advisors who may assist them in optimum structuring of their expansion on the Polish market.

 

Authors: Paweł Mardas and Anna Szepietowska

Interviews

Press Releases

Kochański & Partners effectively assist in life saving humanitarian missions to Ukraine

1st December 2023 The world is currently gripped by war – both in the East and West. In Europe, Ukraine fights for it’s survival against a cruel and tyrannical superpower, Russia.

Kochanski and Partners shortlisted in the 2023 Lawyer European Awards in 4 categories

1st December 2023 Despite strong competition from more than 120 companies, with more than 250 total entries all fighting for a share of the 27 available awards,

Legal Project Management: why do you need a legal project manager?

1st December 2023 Rising costs and pressures on business have led many companies to question whether they can afford to pursue expensive and risky litigation projects, with many companies feeling they would rather settle than engage in unpredictable and risky legal battles.

SLAPP: What’s new

1st December 2023 The EU Council's new SLAPP directive represents a significant step towards addressing the issue of Strategic Lawsuits Against Public Participation (SLAPP) within the European Union.

Kochański & Partners supported ERGO Hestia in their ISO certification

6th October 2023 ERGO Hestia is one of the largest players in the insurance sector, a leader in InsurTech and the creator of numerous innovative solutions. Kochański & Partners recently supported their client in obtaining ISO 27001 and ISO 27017 information security certification.

Obtaining ISO 27001 and 27017 certifications with Kochański & Partners:

28th September 2023 The team handling the project was led by Monika Maćkowska-Morytz, Partner in Kochański & Partners’ Technology and Personal Data Practice.

ISO certification for ERGO Hestia

28th September 2023 Cybersecurity and securing against digital risk are now the top priority for any organisation. Companies with foresight are thus aware of the need to obtain documents confirming the quality of their services, with certification the end goal in a whole chain of activities.

Kochański & Partners supported ERGO Hestia in their ISO certification

28th September 2023 ERGO Hestia is one of the largest players in the insurance sector, a leader in InsurTech and the creator of numerous innovative solutions. Kochański & Partners recently supported their client in obtaining ISO 27001 and ISO 27017 information security certification.

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Kochański & Partners advised Polska Wytwórnia Papierów Wartościowych on the acquisition of a greenfield site from Polfa S.A.

28th September 2023 Polska Wytwórnia Papierów Wartościowych (PWPW) has signed a PLN 143 million agreement with Tarchomińskie Zakłady Farmaceutyczne “Polfa” S.A. for the purchase of more than 17 hectares of land in Tarchomin, Warsaw.

Jan Ziomek joins Kochański & Partners as Head of FinTech within the NewTech Sector Practice | This is the next stage of a carefully planned and consistently implemented consolidation.

11th September 2023 Following strategic actions in the areas of Global Transactions and International Finance, the time has come to complete the building of a comprehensive New Technologies Practice.

Kochański & Partners – Concentration, Consolidation, Consistency

5th June 2023 Kochański & Partners is entering the next stage in the consistent pursuit of its business strategy – consolidation, while increasing the number of its Partners and Equity Partners. Piotr Kochański, Managing Partner, has become head of the integrated New Technologies Practice, with one team being led by Monika Maćkowska-Morytz in her role as Partner. The Firm is joined by Dariusz Dobkowski and Marek Król, who will lead the Global Commercial Practice and the Banking & Finance Practice, respectively. Dariusz Dobkowski, Markiyan Malskyy and Karol Połosak have become Equity Partners. Kochański & Partners has also announced extensive expansion and its plans to open new offices in key Polish business centres.

Successful management buyout at Jansen

15th May 2023 Jansen is one of the largest Polish importers of cheese and other premium dairy products, having more than 20 years of experience in the food industry, and from being placed in the largest hyper and supermarket chains, has launched around 500 exclusive products on the Polish market. Kochański & Partners advised Jansen’s shareholder on the structuring and execution of a management buyout.

Kochański & Partners advised on the purchase of a 75% stake in first-league GKS Tychy Football Club

15th May 2023 GKS Tychy is an ambitious football club from Silesia, consistently striving to add more trophies to its growing collection.

KOCHAŃSKI & PARTNERS IS AWARDED THE ECOVADIS SILVER MEDAL

27th April 2023 Kochański & Partners has received a high rating in the ESG audit conducted by EcoVadis, an international specialist rating agency. EcoVadis is a trusted provider of corporate sustainability ratings, having to date audited more than 100,000 businesses from around the world. To demonstrate its commitment to responsible and sustainable business conduct, the Firm underwent a detailed analysis of its non-financial activities. The high rating and the silver medal awarded to Kochański & Partners reflect its maturity and attention to high management standards.

Kochański & Partners strengthens its international position, as Agnieszka Chrzanowska appointed new IBA Publications Officer

14th February 2023 Agnieszka Chrzanowska, Partner and Head of the Kochański & Partners Media Sector, has been appointed Publications Officer on the Media Law Committee of the International Bar Association (IBA). This achievement has twofold significance, as it is also the first time that such a high-ranking position within the IBA has been entrusted to a Polish lawyer.

KOCHAŃSKI & PARTNERS JOINS THE UN’S LARGEST SUSTAINABLE BUSINESS INITIATIVE – THE UN GLOBAL COMPACT

30th January 2023 Kochański & Partners has joined the United Nations Global Compact – the world's largest initiative bringing together businesses working for sustainable development, and forming an integral part of the UN system based in New York. In advising clients on environmental issues, energy transition, sustainable finance, human rights, labour law and corporate governance, Kochański & Partners also implements ESG best practices into its day-to-day operations.

Deadlock clauses in shareholders’ agreements

19th January 2023 Disagreements between shareholders can be a healthy thing, leading to creative solutions through the reaching of compromises. Differences can involve issues as diverse as how a company should be managed and controlled, and the direction and strategy it is taking. However, if differences become entrenched, the result can be potential deadlock and the loss of the ability to make important decisions, which can be severely damaging to a company and its shareholders.

New liability rules for artificial intelligence in the European Union

7th December 2022 There’s a lot going on in the EU about Artificial Intelligence - Artificial Intelligence (AI) is at the heart of the EU’s strategy for creating a digital single market, and too this end, a number of EU legal documents have seen the light of day over the last several years. However, in April 2021, the European Commission presented a revolutionary proposal for a regulation on AI (Artificial Intelligence Act), laying the foundations for a legal framework for the use of AI within the European Union. Legislative work on the AI Act is already at an advanced stage and the document is expected to come into force at any moment.

Kochański & Partners advised Savills on the acquisition of Knight Frank’s property management division

25th November 2022 We advised Savills, the international property advisory firm and leader in the commercial property industry, on the acquisition of a part of Knight Frank’s business, including its property management division. Following the transaction, Savills now manages more than 1,200,000 m² of office space.

Piotr Kochański’s business advisory vision

21st November 2022 Kochański & Partners is the coherent, consistently and effectively built business advisory concept of Piotr Kochański. Lawyer, entrepreneur and manager, Piotr has set trends on the legal market in Poland for nearly 37 years, and fiercely promoted legal talent.

The roots of the current ESG revolution

21st November 2022 As a new business trend, ESG is of growing interest to an increasing number of markets. More and more businesses are publishing ESG strategies and with good reason. According to PwC’s 2021 U.S. survey, 83% of consumers indicated a preference for companies to implement ESG best practices, and 86% of employees prefer to work for companies that care about ESG values.

Trends in the regulation and taxation of crypto – a summary of the Kochański & Partners debate

15th November 2022 Kochański & Partners, the authors of the first metaverse report in Poland, published a follow-up tax themed report on 27 October. “Taxation of Cryptocurrencies and NFTs, and Challenges in the Metaverse” is a comprehensive overview of the tax consequences of events and transactions involving cryptocurrencies and NFTs. The publication was coupled with presentation of the report and an expert debate featuring the participation of representatives of business, new technology market practitioners who deal on a daily basis with crypto, NFTs and the Metaverse, and lawyers specialising in digital economics and taxes.

Kochański & Partners Has Advised on the Strategic Baltic Pipe Energy Project

15th November 2022 On 27 September this year, the Baltic Pipe - the first ever offshore gas pipeline connecting Poland with the European energy system - was officially opened and symbolically launched. This is the first such large-scale project in the Polish area of the Baltic Sea. The Baltic Pipe is of strategic importance for energy security, as it has enabled the creating of a new gas supply corridor in Europe, allowing gas to be transported from Norway to the Danish and Polish markets, and also to end-users in neighbouring countries. The pipeline also enables the transmission of gas from Poland to Denmark. The investment is being carried out by the Polish gas transmission pipeline operator Gaz-System in cooperation with the Danish operator Energinet.

The Work-life balance directive — Changes to the Labour Code and new rights for employees

15th November 2022 Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on the work-life balance for parents and carers and repealing Council Directive 2010/18/EU, commonly referred to as the work-life balance directive, is due to be implemented into the Labour Code by the Polish government.

We are ready to change the world – step by step

15th November 2022 Making the world a better place is the key to our vision for building a new future. For nearly 25 years, we have been creating and initiating change, and not only when it comes to the legal market. We believe that we also have a responsibility to set benchmarks and trends in the wider social area, outside of our day to day legal service to which our Clients and colleagues have become accustomed.

We advised Klima Energy, supporting the development of green energy

15th November 2022 Our M&A team, led by Pawel Mardas, assisted Klima Energy, the Spanish Alantra Group VC fund, in their PLN 70 million investment into SunRoof. Sunroof is a Polish-Swedish start-up, offering pholtovoltaic roof panels to produce green energy for powering homes, in countries including Poland, Germany, Sweden and Norway.

SLAPP – a global legal problem that, if unchecked, could stifle freedom of expression

15th November 2022 History shows that the last bastion of freedom of speech, which guarantees these values, is the free press. But it’s no secret that since 2015, key constitutional values have been in crisis. Over the past three years, there have been repeated legal actions by state institutions, state-owned companies, businessmen and other lobbying organizations aimed at stifling the work of journalists, publishers and NGOs.

Paweł Cholewiński heads up Kochański & Partners’ Transactional Practices Group

15th November 2022 Paweł Cholewiński has been appointed Partner in charge of Kochanski & Partners Transactional Practices Group, with both the Sectorial Real Estate and Mergers & Acquisitions Practices now falling under his remit.

Polish Tech Pitches to Private Capital – the event organized in cooperation with the London Stock Exchange

20th July 2022

Polish Tech Pitches to Private Capital | Access to International Finance

he access to international finance is an aspiration for many growing companies, especially in Poland, where the quantum and complexity of the finance needed requires other forms of investment and markets than can generally be found in Poland, and this is where London becomes such an important centre.

Publication of the PolishCloud 2.0 Standard

20th July 2022 The Polish Bank Association has just published the PolishCloud 2.0 Standard, i.e. a standard for the implementation of public and hybrid cloud computing services. This is the most recent and comprehensive set of practices and solutions guiding banks smoothly through the cloud migration process, with the highest security standards applied.

We are expanding FinTech and strengthening the Capital Markets and Banking & Finance Practices

20th July 2022 We are delighted to announce that David Thomas, a renowned expert in financial markets and banking, the former Chairman of the British Polish Chamber of Commerce and CEO in many financial institutions in London and Warsaw, i.a. HSBC Polska, has joined Kochański & Partners as Head of International Finance.

Promotions at Kochański & Partners

20th July 2022 Following our continuing dynamic growth, and in response to the talent, experience and hard work of our Team, we are delighted to announce the promotion of 12 of our Colleagues, including 10 lawyers.

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Aleksandra Ryżkowska, Head of International Practice Development and Head of the Chinese Business Desk, has been appointed as Partner. Weronika Duda from the Real Estate Practice, Aneta Serowik from the Corporate Practice, Szymon Ciach and Piotr Kaniewski from the Technology Practice, and Jakub Jach from the Disputes of Financial Institutions Practice have been promoted to Counsel. Dominik Karkoszka from the Corporate Practice and Patryk Lisiecki from the Disputes of Financial Institutions Practice, have been promoted to Senior Associate, and Paulina Perkowska from the Technology Practice and Dominik Gryś from the Real Estate Practice, have been promoted to Junior Associate. Pola Trzęsicka has been promoted to Executive Managing Partner Assistant/Office Manager, and Artur Ziejewski to Junior System Administrator. “I would like to congratulate everyone in their new positions and thank them for their commitment, professionalism and effort they have put into building client relationships and maintaining our position on the market. These promotions demonstrate the excellence and drive of Our Team, which is made up of seasoned advisers and a new, young generation of lawyers. The enormous potential of this Team is recognised by the business community and the market, who continue to entrust us with innovative domestic and international projects. We also recognize and appreciate this potential within Our Firm” – said Piotr Kochański, Managing Partner. Aleksandra Ryżkowska is responsible for developing a network of international contacts, particularly within the European Network of Pinsent Masons. She coordinates the growth of cooperation in foreign markets and strengthening of Kochański & Partners’ position as a firm serving clients operating globally. After graduating from law school at the University of Warsaw, Aleksandra completed her LL.M. in Political Science and Law at the China University of Political Science and Law. Prior to joining Kochański & Partners, she worked i.a. at the Polish Embassy in Beijing, where she supported Polish-Chinese economic cooperation. Weronika Duda advises on real estate projects on the Polish market and also on complex, cross-border transactions. Furthermore, she also supports German-speaking clients on the Polish market as Co-Head of the German Desk. Aneta Serowik specialises in commercial and capital markets law. She conducts multi-thread litigation concerning civil, commercial, criminal and capital markets law matters. Aneta advises companies on day-to-day corporate matters and M&A transactions. She is recommended by The Legal 500 in Commercial, Corporate and M&A, and also Restructuring and Insolvency. Szymon Ciach advises on the implementation of IT projects and innovative digital solutions and supports financial institutions in the field of outsourcing regulations (cloud services) and also specialises in blockchain technology. Szymon was involved in the development of the PolishCloud 2.0 Standard published in February 2022. Piotr Kaniewski specialises in drafting and negotiating IT contracts, in particular those involving Agile and DevOps. He advises on building agile contract and purchasing models and implementing IT solutions based on cloud computing, AI and robotic process automation (RPA). Piotr is a frequent speaker at the Digital Banking Academy organised by the Polish Bank Association (ZBP) and the Banking Law Centre. Jakub Jach advises and represents clients in civil law litigation regarding claims arising out of foreign currency loan agreements and foreign currency-indexed loan agreements. Jakub also participated in developing the litigation strategy for one of Poland’s largest commercial banks with regard to claims arising from Swiss franc loan agreements, regarding remuneration for the non-contractual use of capital due to a loan agreement being cancelled. It is our aim and ambition to foster talent and the development of Our Team. We congratulate all those promoted and wish them success in their new roles!

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17 March 2022

Publication of METAVERSE REPORT KOCHAŃSKI & PARTNERS

20th July 2022 We are the authors of the first extensive report on the metaverse in Poland.

Jakub Krysa – Head of Public Procurement Practice and Spanish Desk

20th July 2022 Jakub Krysa, PhD has joined Kochański & Partners to head up the Public Procurement Practice and the Spanish Desk.

Markiyan Malskyy – New Partner and Head of Ukrainian Desk

20th July 2022 As a sign of our new strategy and solidarity with Ukraine, we have decided to establish a Ukrainian Practice (Ukrainian Desk).

Rebuilding Ukraine in practice – financing sources and investment perspectives

20th July 2022 Nearly 24,000 kilometres of roads, end to end measuring ca. 60% of the Earth’s equator in length, hundreds of bridges, thousands of buildings and tens of thousands of cars – this is only a partial account of the destruction inflicted so far on Ukraine by Russian forces. But although the war in Ukraine has not stopped since 24 February 2022, the prospect of a post-war reality cannot be ignored, and so ways of rebuilding the country should be considered.

Sale & Leaseback as an alternative form of financing

20th July 2022 In a Sale & Leaseback transaction, a property used for business purposes is sold and simultaneously made available for use by the seller under a lease or rental agreement.

Tenders for Ukraine | Current status, rules of participation and prospects

20th July 2022 Rebuilding infrastructure and meeting the current needs of citizens are among the most important tasks facing Ukraine today.

Kochański & Partners has advised Inovo Venture Partners on its acquisition of shares in SunRoof

7th May 2021 Kochański & Partners has advised Inovo Venture Partners VC fund on a transaction involving the acquisition of shares in technology company SunRoof. The investment was made as part of the seed round extension, with Inovo being the lead investor. Other investors participating in the round included other VC funds: SMOK Ventures, LT Capital, EIT InnoEnergy, FD Growth Capital and KnowledgeHub, and also local and international business angels.

Kochański & Partners Expand Financial Institutions Disputes Practice with 2 Partner Promotions

1st April 2021

The issue of Swiss franc loans remains a key challenge for the financial sector in Poland. Banks' uncertainty over the options for regulating this problem is casting a shadow over development of the banking sector in Poland. The coming weeks and months will therefore be crucial for the development of business and litigation strategies by financial institutions. 

New Infrastructure & Environment Practice Leader at Kochański & Partners

3rd February 2021 Kochański & Partners is expanding its energy and infrastructure practice with the addition of a new partner, Katarzyna Barańska Ph.D., to head up the Infrastructure & Environment team. Her extensive experience covers legal advisory on major infrastructure projects, renewable energy sources, environmental law and municipal investments.

Beyond.pl and Kochanski & Partners join forces

2nd February 2021 Beyond.pl, the provider of the most secure data center services in Europe, is joining forces with the law firm Kochanski & Partners. Their partnership offers customers further confidence that colocation and cloud implementation projects will be technologically superior and compliant with legal requirements. The cooperation is international in scope. 

Kochański & Partners Strengthen Their Tax Team

1st February 2021 Kochański & Partners entered the new year with an expanded team. Wojciech Śliż, the former Director of the VAT Department at the Ministry of Finance, has joined the tax law practice as counsel.

Kochański & Partners named “Law firm of the year: Central Europe” by The Lawyer

1st December 2020

It is our great pleasure to inform you that the Kochanski & Partners law firm has received the title of “Law Firm of the Year: Central Europe” in the prestigious “Lawyer Awards 2020” competition.

Kochanski & Partners strengthens the Technologies Team

24th November 2020 To reflect the new technological ecosystem, from 1 November 2020, Kochański & Partners have consolidated their Technologies team by introducing a group of specialists: Szymon Ciach (Senior Associate), Piotr Kaniewski (Senior Associate), Piotr Gałka (Counsel), and Łukasz Węgrzyn (Partner).

Idea Bank paves the way for financial sector in obtaining cloud computing certification

18th November 2020 Idea Bank is the first Polish financial service sector entity to obtain the ISO 27017 and ISO 27001 certifications, confirming that its cloud computing solutions meet the highest international standards, and that customer data is processed in the cloud with full respect to security standards. Kochański & Partners advised the bank throughout the certification application process.

Kochański & Partners shortlisted for the Lawyer Awards 2020

16th November 2020 This is the eleventh edition of the Lawyer Awards already. The awards scheme attracts entries from over 120 independent law firms headquartered in Europe and global firms across the Continent. This is the highest distinction for independent law firms and the culmination of many years of hard work consistently spent on building the brand, strength and effectiveness of the Kochański & Partners law firm. The nomination constitutes an occasion to appreciate, with great satisfaction, the stage and the position currently held by the firm.

Świtalski family mansion and grounds in Sowiniec seized by Forteam Investments Ltd.

30th October 2020 The Regional Court in Poznań granted the fourth successive injunction in favour of Forteam Investments Ltd., an investment company belonging to Delta Capital Partners Management – a U.S. private equity fund, in the pending dispute with Mariusz Świtalski. This time, all assets of Druga – Sowiniec Capital, including a mansion in Sowiniec, surrounding grounds and a polo club with horses, have been seized as a result of seizure of shares under the court decision.

Arbitral Tribunal: Slovakia’s actions against Muszynianka showed “willful disregard for the law”

9th October 2020 On 7 October 2020, the arbitral tribunal conducting proceedings under the UNCITRAL rules issued an award in the case of our Client “Muszynianka” sp. z o.o. against the Slovak Republic. The Tribunal decided that Slovakia violated international law to the detriment of the Polish company.

Change in Leadership in the Kochański & Partners Capital Markets Practice

1st October 2020 The Warsaw Stock Exchange attracts ever more foreign investors, with their share in WSE turnover reaching 58% in H1 2020. In response to these accelerating business trends, Kochański & Partners is reinforcing its Capital Markets Practice, with the appointment from October of Jarosław Grzywiński, Partner, former President of the WSE Management Board, as its new leader.

Kochański & Partners acting as legal counsel to Polskie Sieci Elektroenergetyczne

28th August 2020 Kochański & Partners has been awarded a tender for legal services to PSE S.A. – the sole Polish electricity transmission system operator. The Firm will assist PSE in addressing the formal and legal aspects of the company’s electricity infrastructure. As part of the project, Kochański & Partners lawyers will represent the client before public administration bodies, common and administrative courts, the Supreme Court and the Supreme Administrative Court, in addition to advising on preparation for and conduct of proceedings, as well as drafting of relevant legal opinions.

Another litigation win for Kochański & Partners: Onet journalist walks free from court

29th July 2020 The District Court for Kraków-Śródmieście has discontinued criminal proceedings against an Onet journalist who wrote about paedophilia in the Tricity area (Gdansk, Gdynia and Sopot). Mr Podolski was represented by advocate Mateusz Ostrowski, Partner and Head of Litigation at Kochański & Partners.

Kochański & Partners’ Litigation Success Before the Supreme Court – Royalties

27th July 2020 Co-authors of films accompanying newspapers are entitled to additional royalties,  however only on copies actually sold, and not on the entire published run. Moreover, the amount of royalties may not be arbitrarily imposed by copyright collecting societies. This is the conclusion stemming from a judgment of the Supreme Court, which endorsed the arguments of Kochański & Partners lawyers representing our Client – Ringier Axel Springer Polska.

POLISHCLOUD ACADEMY: Cooperation with leading consulting and technology companies brings banks closer to the cloud

1st June 2020 The Polish Bank Association, Microsoft, Google Poland, the National Cloud Operator, Accenture and Kochański & Partners have established a joint group to promote cloud computing solutions in the Polish banking sector, creating the PolishCloud Academy project, providing free training and workshops relating to cloud implementation for representatives of financial institutions.

New Kochanski & Partners business strategy and marketing team

22nd May 2020 Kochański & Partners (K&P) is implementing a new business strategy to rapidly accelerate its penetration of international markets via strategic alliances with key foreign law firms. This strategy involves a reformulation of the business model and closer, comprehensive cooperation with clients. Kochański & Partners also plans to remodel its internal structures and processes, in particular in the BDM area. This transformation process will be managed by the new Business Development & Marketing Director – Barbara Lenarcik, formerly Marketing Director at SSW Pragmatic Solutions, with two more former SSW employees joining the department: Marcin Woliński (Manager) and – from July – Paulina Berska (Specialist).

K&P Authors a Report on M&A Market Structure in Poland

13th September 2019

The K&P Transaction Advisory and Analysis team has prepared a report on the structure of the M&A market in Poland. The report presents an in-depth analysis of current trends in the M&A market and phenomena affecting its structure in the first half of 2019.

K&P acts as legal counsel on cloud computing implementation standard for banks

13th September 2019

Kochanski & Partners is the exclusive legal partner of the working group on a standard for cloud computing implementation in banks, established by the Polish Bank Association (ZBP) and the Banking Technology Forum.

Ringier Axel Springer Poland consolidates dispute resolution services by choosing K&P

13th September 2019 Ringier Axel Springer Poland (RASP), a part of the leading CEE multimedia Ringier Axel Springer AG group, has consolidated its dispute resolution services by choosing Kochański & Partners as its legal advisor in Poland.

K&P has advised EPP on the acquisition of the O3 Business Campus II

25th July 2019

Echo Polska Properties N.V. (EPP) has acquired from Echo Investment S.A. another building of the O3 Business Campus office complex in Krakow under the right of first offer (ROFO) contract. The office building, constituting the second stage of the O3 Business Campus office was valued at EUR 49.2 million.

K&P advised Davidson Kempner Capital Management on the high profile GBP 180 million financing

25th July 2019

We advised US investment firm Davidson Kempner Capital Management on the high profile GBP 180 million financing granted to Pepkor Europe of the Steinhoff Group

K&P has advised EPP on the acquisition of King Cross Marcelin shopping centre

25th July 2019

Kochański & Partners law firm (K&P) advises EPP on its EUR 91.1 million acquisition of King Cross Marcelin shopping centre in Poznan – EPP’s first entry into Poznan.

Kochanski & Partners advised Groupe Beneteau on the acquisition of Delphia Yachts

25th July 2019

Kochanski & Partners (K&P) advised Groupe Beneteau (France), one of the two largest sailing and power boat manufacturers globally, on its transaction with Delphia Yachts – Poland’s leading boatbuilder. As a result of this transaction, the rights to sailing and power boat designs, and the building and marketing activities of the Delphia and Maxi Yacht brands were acquired.

Kochanski & Partners has advised Coca–Cola HBC Polska on the lease of new headquarters

25th July 2019

Kochanski & Partners Law Firm has advised Coca-Cola HBC Polska sp. z o.o. in the negotiations and execution of a lease agreement for office and warehouse space in the Business Garden office complex in Warsaw.

K&P has successfully advised on the sale of an office building located in the centre of Warsaw

25th July 2019 Kochański & Partners has advised an investment fund managed by the Griffin Estate Group on the sale of the office building located in the centre of Warsaw.

New opportunities for Japanese capital in Poland

25th July 2019 Report authored by the Polish Investment and Trade Agency (PAIH) and Kochański & Partners Business Law Firm shows the opportunities for Japanese investors in Poland.

Kochański & Partners – special sponsor of GC Summit Central & Eastern Europe Legal500

25th July 2019

GC Summit – Central & Eastern Europe invites the most esteemed in-house counsel from the CEE’s most prolific companies to discuss their changing roles as in-house leaders and the challenges, issues and opportunities they are facing in 2019 and beyond. Between comprehensive panel discussions and the opportunity to meet and engage with fellow in-house counsel, GC Summit – Central & Eastern Europe promises to be a practical, forward-looking event bringing together the region’s top legal minds.

Kochański & Partners – Founder of the Anti-Fraud Association

25th July 2019

For many years now, we have observed with great concern the growing level of economic crime and abuse affecting Polish companies. This has made us aware not only of the inherent weakness of the system, but also of the limited effectiveness of ad hoc actions, which do not significantly reduce the problem while consuming large amounts of money.

Legal Developments

Investment fund cloud services only with Kochański & Partners

6th October 2023 Kochański & Partners technology team has recently finished co-authoring The Cloud Model for Investment Funds, together with the Chamber of Fund and Asset Managers (IZFiA).

Hermès wins landmark case against MetaBirkin, setting precedent for NFTs in the fashion industry

28th March 2023 The legal battle between Hermès brand owner and artist Mason Rothschild, the creator of ‘MetaBirkin’ NFTs, has lasted more than a year. But in February, the Court ruled that the NFT version of the famous Birkin handbags infringes the rights of the Hermès fashion house.

A difficult time for cryptocurrencies

30th January 2023 The year 2022 will not be remembered fondly in the cryptocurrency market. The progressive decline in the value of coins, the problems of the FTX exchange and the collapse of trust are all raising questions about the future of crypto. Can regulating the crypto-asset market be a panacea for the market’s ills?