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CMS Cameron McKenna Nabarro Olswang Posniak i Sawicki sp.k.

WARSAW FINANCIAL CENTER, UL. EMILII PLATER 53, 00-113 WARSAW, POLAND
Tel:
Work +48 22 520 55 55
Fax:
Fax +48 22 520 55 56
Email:
Web:
www.cms.law
Aberdeen, Algiers, Amsterdam, Antwerp, Barcelona, Beijing and 70 more

Poland

Banking and finance
Banking and finance - ranked: tier 2

CMS

CMS' department is 'extremely service oriented' and has 'superb market and industry knowledge'. In 2018, it was boosted by a team move from¬†Dentons, which led to the arrival of¬†MichaŇā MńôŇľykowski, who joined to lead the banking and finance group in Poland. The office also houses¬†Mark Segall, who coordinates the firm's offering across the CEE region. Highlights for Segall included advising Coast2Coast Capital on the financing, by way of a private placement arranged by Credit Suisse, of the acquisition of a majority stake in Stella Pack. Counsels¬†Jakub Podkowa¬†and¬†Ilona Fedurek¬†are also contacts of note.

Leading individuals

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Capital markets
Capital markets - ranked: tier 3

CMS

CMS' capital markets offering was boosted by the arrival of¬†RafaŇā Zwierz, who now leads the team,¬†from¬†Weil, Gotshal & Manges LLP¬†in February 2018. The group handles DCM and ECM matters for a variety of domestic and foreign corporates and often works alongside the firm's disputes, tax and M&A specialists, including corporate and capital markets specialist¬†Marek Sawicki, to provide a full transactional service. In one novel matter¬†RafaŇā Kluziak¬†advised Revico on the sale of shares in Chemoservis-Dwory following a shareholder dispute in the target company. Promoted to partner in May 2018,¬†BŇāaŇľej Zag√≥rski and Kluziak¬†acted for PCC SE on all aspects of the squeeze-out of minority shareholders in PCC Intermodal.¬†RafaŇā WoŇļniak¬†joined¬†K&L Gates LLP¬†in August 2017.

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Commercial, corporate and M&A
Commercial, corporate and M&A - ranked: tier 2

CMS

According to one client, the 'excellent' team at¬†CMS¬†compares favourably to departments at other international firms. It often works closely with the private equity, insurance and capital markets groups to provide a full service to both domestic and foreign corporates, particularly in the pharmaceutical and life sciences sectors. With MaŇāgorzata Surdek, department head¬†Marek Sawicki¬†recently advised Generali Group on the acquisition of various insurance company entities from the¬†Concordia Ubezpieczenia Group.¬†Jakub Marcinkowski¬†and energy projects specialist¬†Piotr CioŇākowski¬†assisted the Polish Development Fund with its investment into a power plant owned by Tauron Group. Also recommended are¬†BŇāaŇľej Zag√≥rski¬†and¬†Julita Mazurkiewicz¬†(noted for her 'skill and accuracy' in corporate matters).¬†RafaŇā Zwierz¬†joined the team from¬†Weil, Gotshal & Manges LLP¬†in February 2018 and is Poland, US and UK qualified.

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Competition/antitrust
Competition/antitrust - ranked: tier 2

CMS

In addition to merger control and antitrust services, the team at¬†CMS¬†is also experienced in consumer protection, unfair competition, state aid and public procurement issues. The group also handles all aspects of PCA investigations into suspected anti-competitive activities, including in dawn raids and antimonopoly proceedings. Highlights for team leader¬†MaŇāgorzata UrbaŇĄska¬†included successfully representing Bombardier Transportation in an appeal against the PCA's anti-competitive conduct decision pertaining to the client's participation in a public tender. She also advised Medtronic on a variety of competition compliance matters regarding the sale of its medical device products on the Polish market. Senior associate¬†Agnieszka StarzyŇĄska¬†is also recommended for merger control and compliance¬†matters, while¬†Izabela Biernat¬†is noted for her expertise in the competition aspects of distribution contracts and e-commerce.

Leading individuals

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Construction
Construction - ranked: tier 1

CMS

The 'well-organised' team at¬†CMS¬†is noted for bringing together 'complementary specialisations', allowing it to advise on the entirety of construction projects. Practice head¬†Lidia DziurzyŇĄska-Leipert¬†is representing Max B√∂gl Polska and¬†Max B√∂gl Stiftung & Co. in various claims against the City of¬†WrocŇāaw concerning the construction of the City Stadium. Together with¬†Wojciech Koczara, she is advising Lufthansa Technik on the construction of an aircraft engine service centre in the Legnica Special Economic Zone. Counsel¬†MichaŇā Bork¬†is recommended for FIDIC construction contracts, design contracts and development agreements.

Leading individuals

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Dispute resolution
Dispute resolution - ranked: tier 1

CMS

CMS' 'meticulous' team demonstrates 'an ability to provide clear recommendations and master crisis situations'. The team comprises experts in contentious competition, infrastructure, IP, real estate, employment and tax issues, but it also stands out for its pro bono human rights work for non-governmental organisations, where its 'sensitivity to social issues' is praised by one client. Department head¬†MaŇāgorzata Surdek¬†specialises in investment arbitration and was appointed to the ICC International Court of Arbitration in June 2018.¬†Anna Cudna-Wagner¬†is defending mBank against multiple class actions brought by retail clients, concerning mortgage loans indexed in Swiss francs.¬†Arkadiusz Korzeniewski¬†represents Millennium Bank in an Office of Competition and Consumer Protection¬†investigation into alleged infringement of collective consumer interests.¬†Katarzyna Kucharczyk¬†and¬†Joanna MŇāot¬†are also recommended.

Leading individuals
Next generation lawyers

Adam Jodkowski - CMS

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Employment
Employment - ranked: tier 1

CMS

CMS' 'professional and efficient' team is noted for its ability to 'think ahead'; drawing on its offices across the CEE region to advise on multi-jurisdictional matters. Department head Katarzyna Dulewicz is instructed by Goldman Sachs on a variety of employment issues, including working time and contract management. She is also assisting Budimex with a project related to a staff outsourcing project. Senior associate Maciej Andrzejewski stands out for his 'attention to detail' and regularly handles employment restructuring issues. Counsel Tomasz Sancewicz is another key name.

Leading individuals
Next generation lawyers

Maciej Andrzejewski - CMS

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Energy and natural resources
Energy and natural resources - ranked: tier 1

CMS

CMS' clients praise the team, which includes lawyers specialising in regulation, projects and environmental law, for its 'vast' expertise across the spectrum of energy-sector issues and ability to communicate with industry clients. Department head¬†Tomasz Minkiewicz¬†advised CalEnergy on its Baltic Gas Project joint venture with Lotos Petrobaltic. 'Brilliant lawyer'¬†Iga Lis¬†(noted for her 'outstanding technological understanding') is advising¬†Polskie Sieci Elektroenergetyczne on a public procurement tender for the delivery and implementation of an IT system for the Electricity Balancing Market in Poland.¬†Piotr CioŇākowski¬†assisted The Association of Polish Power Generators with a comprehensive legal analysis of the European Commission's Clean Energy For All Europeans legislative proposals. Counsel¬†Agnieszka SkorupiŇĄska¬†leads on environmental protection matters.

Leading individuals

Iga Lis - CMS

Next generation lawyers

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Insurance
Insurance - ranked: tier 1

CMS

The team at CMS¬†handles cross-border contentious and non-contentious matters, including regulatory and M&A advice, for a variety of major multi-national insurance clients, including AXA, Allianz and Generali. Alongside London's¬†Christopher Southorn, practice head¬†Ewa Ňöwiderska¬†advised Unum Group on the acquisition of shares in the Polish subsidiary of Prudential Group,¬†Pramerica ŇĽycie TUiR; a matter that involved expertise in insurance regulation. Ňöwiderska also advised Wagas on the distribution of extended warranty insurance for a major car producer in a number of European countries, including Poland. Managing partner¬†MaŇāgorzata Surdek¬†and¬†Katarzyna Kucharczyk¬†are also recommended.

Leading individuals

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Intellectual property
Intellectual property - ranked: tier 2

CMS

The team at CMS stands out for its 'outstanding work ethic' and ability to handle complex IP disputes. The group is led by IP enforcement expert Tomasz Koryzma, who has an active anti-counterfeiting practice, with clients including L'Oréal and Microsoft. Marek Oleksyn specialises in trade mark and unfair competition litigation. Koryzma is assisting Bayer with cooperating with law enforcement authorities in relation to investigation into a fake crop protection product smuggling network in Poland and Ukraine.

Leading individuals
Next generation lawyers

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Investment funds
Investment funds - ranked: tier 1

CMS

Investment funds are a core competency of¬†CMS, which draws on the firm's wider corporate, capital markets, tax and banking expertise. The team is noted for being 'well prepared to provide tailor-made solutions' for funds.¬†Jakub Marcinkowski¬†and¬†Piotr CioŇākowski¬†advised the Polish Development Fund on its investment into the¬†Jaworzno Power Plant, which is owned by Tauron. In 2018,¬†BŇāaŇľej Zag√≥rski¬†was promoted to partner, while¬†Marcin Bejm¬†joined from¬†Clifford Chance.

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Private equity
Private equity - ranked: tier 1

CMS

Private equity is a core competency of CMS in Warsaw. The team's regulatory expertise is augmented by strong banking, retail, TMT, life sciences and energy knowledge. Department head Marek Sawicki advised Resource Partners on the sale of Delicpol. In another stand-out matter, he assisted Coast2Coast and Bounty Brands Holdings with the acquisition of Profi and the subsequent reorganisation process. Jakub Marcinkowski and senior counsel Dariusz Greszta are also key members of the team.

Leading individuals

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Public law
Public law - ranked: tier 2

CMS

The team of 'top-level professionals' at¬†CMS¬†was boosted by the arrival of¬†Marcin Bejm¬†(who leads on public procurement matters alongside MaŇāgorzata UrbaŇĄska)¬†from¬†Clifford Chance¬†in March 2018. Bejm is advising Vinci Concessions on a PPP project for the construction and maintenance of a tramline in¬†Krak√≥w.¬†UrbaŇĄska assisted¬†Polskie Sieci Elektroenergetyczne with its public procurement contract award procedure regarding upgrades to the Polish power grid.

Leading individuals

Marcin Bejm - CMS

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Real estate
Real estate - ranked: tier 1

CMS

At¬†CMS, the 'business-savvy' team is commended for its ability to 'take the initiative' when leading on deals. It is instructed by property funds, developers, banks and retailers at every stage of the real estate investment process. Highlights for practice head¬†Wojciech Koczara¬†included advising Reico on the¬†‚ā¨116m acquisition of the Proximo I office building in Warsaw from Hines Russia & Poland Fund.¬†Lidia DziurzyŇĄska-Leipert¬†is another key name, alongside warehouse and industrial real estate specialist¬†Anna Brzoza-Ostrowska.

Leading individuals

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Restructuring and insolvency
Restructuring and insolvency - ranked: tier 3

CMS

At CMS, counsel¬†Joanna MŇāot¬†is representing the receiver in the Polish bankruptcy proceedings of McGregor Retail.

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TMT
TMT - ranked: tier 1

CMS

The team at CMS has a strong track-record in IT system implementation projects. Department head Tomasz Koryzma advises ING's e-commerce arm, Aleo, on the entirety of matters relating to its operations in Poland. He is also assisting BMW with a number of data privacy and IT assignments concerning the launch of a new cloud-based IT system in Poland and the CEE region. Senior associate Damian Karwala is another key name.

Leading individuals

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Tax
Tax - ranked: tier 1

CMS

The 'solution-oriented' team at¬†CMS, which is commended for its expertise in tax structuring and greenfield investment, is able to provide 'consistent advice across multiple jurisdictions'. In 2018, the team added¬†Bartek Wajda¬†from¬†PwC¬†as head of transfer pricing, while tax litigator¬†Paulina KarpiŇĄska-Huzior¬†joined from¬†Chadbourne & Parke. Team leader¬†Andrzej PoŇõniak¬†advised AIG on the tax implications of providing warranty and indemnity insurance in relation to the sale of Hortex Group to Mid Europa Partners in conjunction with the firm's Moscow office.¬†ŇĀukasz Dynysiuk¬†is another key name for corporate tax structuring.

Leading individuals

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White-collar crime
White-collar crime - ranked: tier 1

CMS

CMS¬†represents companies and individuals in the spectrum of white-collar criminal matters, both in investigations and before the courts, including anti-bribery and corruption cases, anti-money laundering and criminal proceedings. Department head¬†Arkadiusz Korzeniewski¬†acted for IBM in relation to corruption charges brought against former state officials and commercial directors of the company; conducting an internal investigation that staved off criminal proceedings for the client. Senior associate¬†Maciej K√≥pczyŇĄski¬†is another key name.

Leading individuals

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Further information on CMS

Please choose from this list to view details of what we say about CMS in other jurisdictions.

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Offices in Dubai

Albania

Offices in Tirana

Angola

Austria

Offices in Vienna

Belgium

Offices in Brussels, Antwerp, Brussels, Brussels, and Brussels

Bosnia and Herzegovina

Offices in Sarajevo

Bulgaria

Offices in Sofia and Sofia

China

Offices in Beijing, Beijing, and Shanghai

Croatia

Offices in Zagreb

Czech Republic

Offices in Prague

Germany

Offices in Hamburg, Frankfurt, Stuttgart, Berlin, Leipzig, Dusseldorf, Cologne, Munich, and Munich

Algeria

Offices in Algiers

Spain

Offices in Madrid, Malaga, Seville, Madrid, and Barcelona

France

Offices in Paris, Strasbourg, and Lyon

Hong Kong

Offices in Hong Kong and Hong Kong

Hungary

Offices in Budapest

Latin America: International firms

Italy

Offices in Rome and Milan

Lebanon

Offices in Beirut

London

Offices in London EC4N and London EC3A

Luxembourg

Offices in Luxembourg

Macedonia

Offices in Skopje

Morocco

Offices in Casablanca

Montenegro

Offices in Podgorica

Netherlands

Offices in Utrecht and Amsterdam

North West

Offices in Manchester

Oman

Offices in Muscat

Poland

Offices in Warsaw and Poznan

Portugal

Offices in Lisbon

Romania

Offices in Bucharest

Russia

Offices in Moscow

Scotland

Offices in Edinburgh, Glasgow, and Aberdeen

South East

Offices in Reading

Singapore

Offices in Singapore, Singapore, and Singapore

Slovakia

Offices in Bratislava

Slovenia

Offices in Ljubljana

South West

Offices in Bristol

Switzerland

Offices in Zurich, Geneva, and Geneva

Ukraine

Offices in Kiev and Kiev

Yorkshire and the Humber

Offices in Sheffield S2 and Sheffield S2

Serbia

Offices in Belgrade

Legal Developments by:
CMS

  • Access to justice: protective costs orders in planning challenges

    Third parties and competing developers have no rights of appeal to the Secretary of State against planning decisions. Disappointed applicants can appeal to the Secretary of State and can have the merits of the application reconsidered. The only remedy available to a disappointed third party is a challenge by way of judicial review in the High Court on a point of law. The sense of frustration and disempowerment this creates has not been helped by the increasing complexity of the planning process and the use of consultation to legitimise decisions that many perceive may already have been taken.
    - CMS Group

Legal Developments in Poland

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • KZP has advised EPP on the acquisition of King Cross Marcelin shopping centre

    KochaŇĄski Zińôba & Partners law firm (KZP) advises EPP on its EUR 91.1 million acquisition of King Cross Marcelin shopping centre in Poznan ‚Äď EPP‚Äôs first entry into Poznan.
  • Kochanski Zieba & Partners advised Groupe Beneteau on the aqcuisition of Delphia Yachts

    Kochanski Zieba & Partners (KZP) advised Groupe Beneteau (France), one of the two largest sailing and power boat manufacturers globally, on its transaction with Delphia Yachts ‚Äď Poland‚Äôs 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.
  • Are you up to date on important Polish labour law matters?

    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...
  • KochaŇĄski Zieba & Partners wins the case of Jan Rokita against Konrad Kornatowski

    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.
  • KochaŇĄski Zińôba & Partners wins the case for the editors-in-chief of ‚ÄúFakt‚ÄĚ and Fakt.pl agains

    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 FeluŇõ and Grzegorz Jankowski for publication of a correction to the press release entitled ‚ÄúLibacja inspektor√≥w od radar√≥w ‚ÄĚ. The article was published in ‚ÄúFakt Gazeta Codzienna‚ÄĚ on 27 September 2013.
  • KochaŇĄski Zińôba & Partners wins a case for Ringier Axel Springer Polska (RASP) against Kata

    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 KochaŇĄski Zińôba Rapala & Partners Law Firm.
  • KochaŇĄski Zińôba & Partners wins a case for a Former Editor-in-Chief of FAKT.PL

    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 MichaŇā WodziŇĄski (the former editor of Fakt.pl) and dismissed the action for publication, on the fakt.pl portal, of corrections to the following press articles: ‚ÄúTak Ňľyje kelner od afery taŇõmowej‚ÄĚ (‚ÄúThis Is How the Tape Scandal Waiter Lives‚ÄĚ), ‚ÄúTak ‚ÄĚKr√≥l wńôgla‚ÄĚ chciaŇā obalińá Tuska?‚ÄĚ (‚ÄúIs This How the ‚ÄėCoal King‚Äô Wanted to Overthrow Tusk?‚ÄĚ), ‚ÄúWńôglowy kr√≥l: jakie ma haki na premiera?‚ÄĚ (‚ÄúThe Coal King: What Does He Have on the Prime Minister?‚ÄĚ), ‚ÄúAdwokat Falenty z pluskwńÖ w teczce?‚ÄĚ (‚ÄúFalenta‚Äôs Lawyer With a Bug in His Briefcase?‚ÄĚ), ‚ÄúNowa hipoteza: Trio frustrat√≥w stoi za taŇõmami‚ÄĚ (‚ÄúThe New Hypothesis:¬† There‚Äôs a Trio of Frustrated People Behind the Tapes‚ÄĚ), ‚ÄúTak mieszka kr√≥l wńôgla od afery taŇõmowej‚ÄĚ (‚ÄúThis Is How the Tape Scandal Coal King Lives‚ÄĚ).
  • Employee monitoring in the modern business services sector

    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.
  • Processing personal data in the BPO/SSC sector

    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. 
  • Common minimum wage in Germany

    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.