Full-Service Law Firm Serving Clients from All Business Sectors

Domański Zakrzewski Palinka

ul. Paderewskiego 8
61-770 Poznań
Poznan
Poland

+48 61 6424900

+48 61 6424950

en.dzp.pl

Contact Justyna Matulka

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Law Firm Overview FREE CONSULTATION

Domanski Zakrzewski Palinka is the largest law firm in Poland. The firm is a winner once again in the Chambers Europe Awards for Excellence 2012. Established in 1993, it is a full-service law firm serving clients across all business sectors in every practice area and specialization. The team consists of 25 partners and over 120 other lawyers who provide services throughout Poland from the firm's base in Warsaw and its additional offices in Poznan, Wroclaw, Torun and Lódz. Not only has the firm dealt with a vast range of cases both market and sector specific but it has also advised the Polish government on numerous matters, laying the foundations of capital market operations and co-creating Polish trade law.

The firm's clients are renowned international and Polish firms, industry leaders and some of the most innovative and dynamically developing companies on the market. Clients operate in various sectors including banking and finance, construction, electronics and engineering, food, industrial machinery, stock exchange, tourism, media and real estate. The team also provides services to leading firms in the telecommunications sector and companies dealing with the latest technology and e-business.

DZP's in depth knowledge, experience and awareness of the local environment enables it to assist numerous foreign investors in Poland and support various forms of capital investment in Polish businesses. The team combines an astute commercial awareness with a keen understanding of both the legal and business needs of their clients. The firm works with, among other institutions, the Warsaw Stock Exchange and the Polish Information and Foreign Investment Agency. Clients range from small companies starting up operations to international corporations and their Polish branches from almost all sectors and specializations. Many firms that have decided to invest in Poland have taken their first steps with DZP and the firm is often the investor's main adviser from the company formation through all the subsequent stages of its development. DZP advises firms on acquiring Polish businesses, forming companies and preparing for greenfield investments including those in Polish Special Economic Zones (SEZ).

In realizing its aim to be the leading independent Polish law firm with an international range, the law firm has built up an extensive network of relationships with foreign law offices. Thus DZP can offer advisory services to Polish firms that are interested in expanding their operations to the international market and also to foreign firms seeking advice on Polish law. To meet its clients’ needs, DZP has set up specialist teams providing advice to foreign clients in their mother tongue, for example, German or Spanish. DZP also has lawyers who speak English, French and Russian. In addition, whether as a firm or through the personal engagement of individual partners, DZP acts in many international professional organizations such as the International Bar Association, the International Law Association and the International Trademark Association. Furthermore at least two senior lawyers take responsibility for each assignment in the firm and great emphasis is placed on training lawyers to international standards.

DZP has been ranked first for the ninth time in a row in the National Ranking of Law Firms published by Rzeczpospolita daily. The firm is consistently recommended and highly ranked in renowned international legal directories, e.g. Legal 500, Chambers Global, PLC Which Lawyer?, IFLR 1000 and the World Tax directory.

Areas of Law

Additional Areas of Law: Foreign Direct Investments/Investment Incentives; State Aid; Financial Institutions; Public Procurement; Environmental Protection; Intangibles Law; Personal Data Protection; Power Sector; Iberian Market; Italian Market; German Market; German Market.

Areas of Law Description

- Arbitration

We represent corporations, authorities and state-owned enterprises in proceedings before both institutional and ad hoc arbitration courts. DZP’s lawyers act, inter alia, as attorneys-in-fact in investment cases before the Arbitration Tribunals in Zurich, Brussels and Paris and also in domestic and international corporate cases, e.g. before the Tribunals in Vienna and Paris based on various rules (ICC, UNCITRAL). Many members of our Litigation Practice are renowned arbitrators in both domestic and international tribunals (e.g. Paris, Vienna).

- Bankruptcy Law

We offer full-range advisory on matters associated with insolvency and bankruptcy, e.g.:

• we develop restructuring scenarios outside bankruptcy procedures, e.g. we negotiate debt restructuring terms and conditions
• we advise on the selection and establishment of security in the event of business partner insolvency
• we draw up petitions in bankruptcy
• we file claim submissions
• we represent clients in bankruptcy proceedings and in contacts with bodies running proceedings
• we advise on the development and implementation of arrangement proposals
• we run proceedings to exclude third party property from bankruptcy estate
• we advise on the acquisition of property from bankrupt entities
• we advise on cross-border bankruptcy proceedings

- Competition and Consumer Protection

Legal safety depends to a growing extent on companies ensuring that they operate in compliance with the requirements of competition law (anti-monopoly law) and consumer protection law. Specialist DZP lawyers provide professional advisory in the form of:

• assessing whether planned activity complies with both competition and consumer law
• representing clients in proceedings before the President of the Competition and Consumer Protection Office (UOKIK) involving restrictive practices, abuse of a dominant market position, and practices infringing collection consumer interests
• assessing whether a contemplated transaction has to be notified to the UOKiK President
• drawing up concentration applications and representing clients during anti-monopoly proceedings run by the UOKIK President in matters related to concentrations
• representing clients in court proceedings
• identifying practices infringing collection consumer interests

- Constitutional Law

We offer constitutional and regulatory advisory to companies, sector associations, chambers of commerce and other public institutions that need professional and comprehensive legal analyses of normative acts and bills. We also assess the effects of acts and bills on business. Our analyses and our monitoring of the work carried out by the Polish government and Sejm (lower house of parliament) can help to reduce the so-called legislative risks arising from frequent amendments to the law and the negative effects these amendments can have on a company’s operations.

- Contract Law

We advise on all issues associated with the execution, termination, and performance of both domestic and international civil contracts. We particularly:

• draw up, negotiate and issue opinions on contracts
• advise clients during contract performance
• help identify and bring claims arising at the implementation stage

- Corporate Law

Corporate law is one of our Law Firm’s leading specializations. We advise entities with both Polish and foreign capital on, e.g.:

• setting up companies, branches and representative offices
• planning optimum capital group structures in tax and legal terms
• shareholders agreements
• shareholder disputes
• day-to-day corporate matters, also including corporate secretarial work
• authorities of capital companies
• liquidation of businesses
• representing shareholders at shareholders’ meeting and general meetings
• representing companies in registration proceedings

- Energy and Natural Resources

We provide comprehensive legal assistance to entities operating in the conventional, nuclear and renewable energy sector, to companies in the cogeneration and heating sector, and entities operating in the gas and liquid fuels sector, including leading domestic and international energy concerns.

- Environmental Protection

We have many years’ experience in various segments of environmental law, including legal aspects of environmental impact assessments, water protection, air protection, climate law, waste law, protecting the surface of the Earth, protection against onerous administrative requirements and legal liability in terms of environmental protection.

- EPC Contracts

We render legal advisory on all issues related to contracts executed during investment processes and we particularly draw up, negotiate and issue opinions on, e.g.:

• construction contracts and EPC contracts (including those based on FIDIC standards)
• design work and project architect supervision contracts
• investment supervision agreements
• agreements with utilities suppliers
• contracts with subcontractors

- Financial Institutions

We provide financial institutions with full-range services, advising on transactions involving:

• debt financing and restructuring
• municipal project financing
• regulatory and corporate advisory
• equity financing
• financial restructuring of capital groups and related change of control aspects
• financial asset acquisitions and sales

- Litigation

We provide legal assistance with:

• civil proceedings in common courts and the Supreme Court
• administrative court proceedings
• administrative proceedings in dispute situations
• mediation and ADR
• pre-trial advisory
• criminal, penal fiscal and enforcement proceedings

- Public Finance and Public Services

We advise entities in the public finance sector on matters involving public services, especially those related to:

• choosing the form in which public services will be performed, including rules for contracting to private businesses or internal entities in accordance with the "in-house" doctrine (municipal companies, budgetary entities)
• analyzing opportunities and rules for providing services in accordance with the system for services provided in the general economic interest
• setting up and transforming local authority units (e.g. liquidation, transformation)
• assessing transactions, including undertakings carried out by a public-private partnership (PPP), in terms of whether they should be included in public debt (guarantee nature of financial liabilities)
• issues related to tariffs and payments for public services
• matters involving breach of public finance discipline

- Public-Private Partnership and Concessions

We provide full-range legal assistance involving preparing and running undertakings carried out by public-private partnerships and under concessions for works and services. Our advisory is rendered to both public and private partners.

- Public Procurement

The public procurement team provides comprehensive legal advisory to contractors and contracting parties at all stages of the proceedings and during performance of public contracts.

- Mergers & Acquisitions

DZP lawyers have handled dozens of mergers and acquisitions, including the largest operations of this type in Poland. The firm advises and represents clients in transactions involving share transfers, sale of enterprises and company mergers, divisions and takeovers. Contacts: Krzysztof Zakrzewski, Piotr Andrzejczak, Tomasz Darowski, Bartosz Marcinkowski, Robert Niczyporuk, Akinkayode Phillips, Marek Swiątkowski, Julita Zimoch – Tucholka.

- Special Economic Zones

We provide comprehensive legal advisory to investors, their business partners, and the public sector at all stages of investment planning and implementation.

- State Aid and EU Funds

We provide comprehensive legal advisory on state aid and structural funds also under Polish law. We co-operate with the institutions implementing the structural funds system, with the entities extending aid, and with state aid beneficiaries. We also work together with the State Aid Monitoring Department at the Competition and Consumer Protection Office (as regards notification proceedings) and with law firms in Brussels specializing in this field.

- Tax Law

Tax advisory on transactions involving the sale and purchase of shares, businesses and assets covers:

• assessment of the tax implications of investments and ventures carried out
• assistance with developing tax effective investment strategies, financing models and capital and business restructuring scenarios
• transaction advisory covering due diligence, transaction structuring, analysis of transaction documentation and tax advisory during integration
• advisory on taxation of management and key personnel in connection with a planned investment or restructuring
• tax structuring of investments carried out by a public-private partnership and preparation of investments in SEZ

- Transport

We advise clients in the transport sector: road, rail, air, sea, logistics, public transport, transport financing and organization, on all areas of their business. Our advisory is based not only on provisions closely linked to the transport sector but also on state aid law, public finance law and other laws related to transport financing. In our advisory we take into account the possibility of using public-private partnerships and concessions for works and services.

- Technology, Media, Telecommunications

We work with international and Polish firms in the telecommunications sector, providing advisory on various aspects of their market presence, e.g. resolving regulatory disputes, negotiating and drawing up operator, distribution and other agreements. Our experts also advise on legal issues associated with IT, e.g.:

• drawing up and negotiating agreements for the implementation of computer software (SAP, Oracle)
• preparing licence agreements, software update agreements, and general terms and conditions for the supply of software and equipment
• negotiating various types of agreement typical for the IT sector, e.g. SLA implementation agreements, IT outsourcing agreements, requests for proposals

- Securities & Capital Markets

DZP has a great deal of experience in providing legal services to Polish and foreign investment banks and other entities in respect of the trade in securities and capital markets. An important aspect of the firm’s activity is to propagate best practices in firms. Contact: Andrzej Foltyn, Magdalena Skowronska.

- Banking & Finance

DZP is highly experienced in serving banks and financial institutions and their clients in all types of financial transactions. DZP lawyers advise leading Polish and foreign banks. They also work with international financial and government institutions. Contact: Magdelena Skowronska.

- Private Equity Funds & Venture Capital

The firm offers clients advice on capital investments (private equity), including those of an international nature. DZP also offers advice to private equity investors including both private and institutional investors as well as advisory firms looking for support in carrying out investment projects. It also advises on the financing or selling of a business. Contact: Marek Swiatkowski.

- Insurance & Reinsurance

DZP co-operates with leading Polish and international insurance undertakings and investment and pension funds. DZP lawyers give them legal assistance with proceedings before supervisory bodies and courts, setting up insurance associations, negotiations with large institutional clients etc. Contact: Julita Zimoch Tucholka.

- IP/IT

The firm’s extensive practice in the area of IP/IT includes advice to both Polish and international firms on how to protect trademarks, know-how, trade secrets and copyrights. DZP lawyers advise on property rights to technology, intellectual property rights and the transfer of such rights to other entities. The lawyers provide clients with advice on various aspects of their market operations, e.g. resolving regulatory disputes together with operating, distribution and other contracts. Contact: Aleksandra Auleytner, Janina Ligner-Zeromska.

- Real Estate

DZP’s Real Estate Team advises firms on the trade, administration and management of real estate. The team helps to draw up analyses of the legal status of real estate (also covering the risk of claims being brought by third parties, re-privatization claims, etc.), devises real estate transaction concepts, represents clients in negotiations and draws up agreements and documents required for transaction. Contact: Lech Zyzylewski, Agata Demuth.

- Antitrust & Competition

The firm gives advice on regulatory provisions and competitive practices particularly in the context of the acquisition and concentration of businesses. DZP lawyers advise on market strategy, distribution methods and price control, promotion and advertising to eliminate any risk of practices violating competition and the drawing up of expert opinions that help safeguard firms against acts of unfair competition and protect brand name products. Contact: Krzysztof Kowalczyk.

- Employment

DZP's labour law team advises clients on matters relating to labour law and employee-employer relations, collective bargaining agreements and building up relations between employer and trade unions. DZP lawyers assist firms with the drawing up for example, of draft employment contracts, management contracts and non-compete agreements. They represent employers in court cases, advise on setting up management motivation packages (including option plans) and advise on social security. The lawyers also help foreign managers to obtain permits to work in Poland. Contact: Boguslaw Kaplon.

- Dispute Resolution

The Dispute Resolution Practice Group represents its clients in litigation cases, acts on their behalf in negotiations with business partners and acts above all before common courts, Supreme Administrative Courts, the Constitutional Tribunal as well as Polish and international arbitration tribunals. Contact: Grzegorz Domanski, Jozef Palinka, Pawel Lewandowski, Julita Zimoch - Tucholka.

- Pharmaceutical Law & Biotechnology

DZP has set up a team that advises on promoting and advertising pharmaceutical products, regulations on sector activity, and obtaining permits. Lawyers have broad experience with all kind of problems under pharmaceutical law, from clinical trials and medical products admitted to trading due to processing to the protection of the intellectual property rights to these products.
Contact: Marcin Matczak.