PUBLIC PROCUREMENT LAW
Public procurement is one of the main “founding” areas of the Law Firm’s activity. The knowledge and experience of our lawyers specializing in procurement law has been repeatedly appreciated and distinguished in prestigious rankings such as: Legal 500 EMEA, Chambers Europe, Rzeczpospolita’s Ranking of Law Firms.
The public procurement law practice team has extensive experience in the field of support of contracting authorities and contractors. Our lawyers have been advising clients at every stage of the proceedings for many years, primarily supporting everyone in the preparation of necessary documentation, including editing correct records of the documentation of the specifications of the contract. Extensive knowledge and experience include comprehensive support during the entire process of applying for a public contract by the participants of this market, from notification to obtaining a contract, including, among others, drafting legal opinions in the field of interpretation of the meaning and effects of the provisions of the specifications of the essential terms of the contract, announcements, etc., drafting broadly understood correspondence with clients, preparing analyses of Customers’ offers and the examination of the formal correctness of competitors’ offers. Our Public Procurement experts have, for many years, successfully supported Clients in the use of legal protection measures e.g. preparing detailed analyses of disputed cases, drawing up appeals to the National Appeas Chamber, preparing accessions and objections in the course of appeal proceedings, and complaints to the court district court decisions, as well as representing Clients through the National Appeals Chamber.
The team of specialists also supports Clients in the course of negotiations with contractors, including e.g. helps in optimizing the structures of capital transactions involving the public procurement element by providing comprehensive advice throughout the process of obtaining public contracts by the Customer.
With a broad perspective combined with hands-on and theoretical knowledge, our team effectively advises on reorganization processes of entities and capital groups involving the public procurement element (procurement in a capital group, eliminating the risk of losing contracts within the group), and develops current analyses of the dynamics of the procurement market, changes in regulations, etc.
In addition to helping in obtaining or awarding contracts, we also help in their proper and timely execution in order to avoid contractual penalties. And if there are any problems with the execution of the public procurement contract we optimize the existing risks and we help to avoid or minimize them. An important aspect of the work of our experts is also sharing – through trainings – their hands-on knowledge on the changes in public procurement law.
In terms of broadly understood business law, we advise entrepreneurs on all stages of conducting business activity.
We offer our Clients full legal support in the field of drafting and analysis of contracts including the drawing up of commercial contracts and the analysis of draft agreements
in terms of their compliance with the law, safeguarding the interests of the shareholders, emerging business risks or potential disputes and threats. Depending on the needs of the Client, we also take part in negotiations with the contractor, guaranteeing a professional and dynamic approach. A particular area of specialization of the Law Firm in the field of consultancy and Contractual support is provided for IT contracts, both on behalf of the supplier and the recipient of services.
We offer our Clients the drawing up and review of implementation agreements for IT systems, outsourcing and SLAs, we prepare and review license agreements and agreements to transfer intellectual property rights to IT systems.
The law firm also provides comprehensive legal assistance related to representation of our Clients in commercial disputes. We offer you full support at every stage of the dispute: pre-trial, judicial and execution. As part of our activities, we individually develop strategy of proceeding based on the facts presented by the Client, and we implement it by taking all necessary actions including, among others, negotiations on behalf of the Client with the opposing party of the dispute, filing a lawsuit or drafting other letters related to the case.
Our services in the business law area also include legal advice on matters related to the application of the European Union law. We help beneficiaries of EU funds to implement projects co-financed by the European Structural and Investment Funds, and also in the process of applying for funding. We offer advice in cases of imposing so-called financial corrections and reporting irregularities related to the expenditure of EU funds.
Professional legal advice in the field of corporate law allows you to organize and conduct business activities efficiently and minimise risks for the company, its partners as well as management staff. As part of our services, we help our Clients in establishing new companies, as well as providing comprehensive corporate services for already existing ones.
We start the cooperation with many clients from identifying their needs, based on the stage of business development. Therefore, we often start with the establishment of a company, advising on the right type of business entity, or advising on the transformation of already existing entities, e.g. companies or, still popular in Poland, sole proprietorship companies.
Our activities include, among other things, carrying out the entire process of setting up and registration of the new entity in the National Court Register, conducting different types of audits as well as providing continuous advice on conducting business in the form of a commercial law company. The broad spectrum of our services includes primarily: providing corporate service for company bodies, including the General Meeting, the shareholders’ meeting, the management board, the supervisory board (including the preparation of resolutions of companies), challenging resolutions or participating in proceedings related to the liability of a member the management board of the company. Our support also includes helping with structural changes and full representation of Clients in proceedings before registration courts, liquidation, merger, division and transformation of companies.
A significant area of the Law Firm’s activity is advising on issues related to labour law, HR issues and procedural law. Thanks to our experience, we are able to offer a comprehensive service based on the broad knowledge and commitment of employees. Examples of The Law Firm’s experience in this area includes advising on: construction and development, including the transfer of shared service centres to Poland, transfer of all or part of the workplace to another employer; the activities of employment and temporary work agencies and with workers’ representatives; control of the State Labour Inspectorate; individual employment relations; all forms of discrimination, as well as mobbing. We also have extensive experience in collective labour relations, including collective agreements and other collective agreements between employers and trade unions.
In addition, our lawyers provide services in the field of drafting and verifying all regulations, support in the processes of staff takeover, restructuring and reintegration of work teams and outsourcing of employees, including group layoffs. The labor law team conducts hundreds of cases before courts of all instances, throughout the country and conducts settlement negotiations on labor law matters. In addition, we provide comprehensive advice on matters related to the employment of managers; in the field of employee monitoring and protection of employee privacy; concerning non-compete agreements; in the field of personal data protection in employment, business immigration or remote work.
In terms of procedural law, the Law Firm’s team provides comprehensive services at all stages of the dispute, starting from the initial legal assessment of the case, making attempts to arbitrate, and then initiating court proceedings, through settlement negotiations, representation of Clients before courts, contesting decisions, and ending with enforcement. We approach each case with full commitment, looking for the most favorable trial strategy for the Client, taking into account both his interest in the ongoing proceedings and other business objectives. Sometimes speed is important and sometimes the certainty of receiving payment. The law firm has extensive experience in advising on potential litigation, assessing litigation opportunities and risks, preparing strategies for litigation. Lawyers of the Law Firm represent clients in civil proceedings before common courts, arbitration courts, the Supreme Court and the Supreme Administrative Court, as well as in proceedings in the field of competition law before the President of the Office of Competition and Consumer Protection and the Court of Competition and Consumer Protection. We are experienced participants in mediation and arbitration proceedings, offering comprehensive services of representation of Clients in such proceedings. In our work, we are focused on the client and on the outcome of the litigation that is beneficial for them.
PERSONAL DATA PROTECTION
Within this area, we offer our Clients comprehensive advice concerning personal data / GDPR both for personal data controllers and entities processing such data.
We help with the development of internal documentation related to the processing of personal data, including security policy, agreements on entrusting the processing of personal data, agreements on co-administration of personal data, register of activities related to the processing of personal data. We assess the actions of controllers and processors in terms of compliance with data protection laws to ensure data protection.
We also offer audits and implementation of post-audit recommendations in the field of personal data security. We also represent our Clients during the PUODO – President of Personal Data Protection Office – inspection, in proceedings before PUODO – President of Personal Data Protection Office – and before administrative courts.