Services

We deal with civil and commercial cases, however the pillar of our activity is intellectual property and new technologies, in particular IT, copyright law, fintech or blockchain and personal data protection.

 

We have extensive experience in providing legal services to entities in the IT, publishing, training, advertising, personal and business consulting industries, as well as to entities

  • Business Law and Corporate Services
  • Succession
  • Copyright
  • Industrial Property Rights
  • Internet and E-Commerce
  • Personal Data Protection Law
  • Advertising and Marketing
  • Unfair Competition and Consumer Law
  • Real Estate Law
  • Labour Law
  • MDR (Medical Device Regulation)
  • Mediations

Business Law and Corporate Services

We are practitioners - esb's team handles a broad spectrum of civil and commercial cases from various sectors of the economy, so as to effectively relieve clients of the burden of day-to-day legal issues. Our priority is to recommend solutions that not only ensure legal safety, but also meet our clients' business needs.

 

We offer tailor-made, comprehensive support for entrepreneurs, irrespective of the stage of their company's development: from setting up a business and registering it, through continuous consultancy related to the business operations, changes in ownership structure and transformations, to succession planning. We support Polish entrepreneurs in their expansion into EU markets and prepare foreign entities for their debut on the Polish market.


Business and corporate law advisory and consultancy include, in particular:

  • drafting, reviewing and negotiating civil law contracts related to the business activities conducted (cooperation agreements, specific- task contracts, contracts of mandate, rental agreements, sales contracts, etc.);
  • representation in business-related disputes (including cases for payment) at the pre-litigation stage and before the courts of all instances;
  • ongoing servicing of business entities related to the preparation of all necessary corporate documents (by-laws, articles of association, resolutions, etc.);
  • preparing, reviewing and negotiating investment agreements, share or stock sale agreements as well as agreements on sale of enterprises or their parts;
  • assistance in selecting the right form of business activity;
  • registration of commercial law companies and partnerships;
  • transformation, division, merger of commercial law companies;
  • transformation of a sole proprietorship into a commercial law company;
  • legal analysis of the company (due diligence);
  • liquidation of commercial companies.

 

Succession

We prepare comprehensive succession plans that ensure a smooth and effective continuation of the business, should its founder step down, regardless of the reasons for this decision. It is the owner's disorganised withdrawal from the business that makes so few Polish family businesses undergo a successful generational change at the helm - they are often at risk of losing their decision-making and operational capacity, leading to the loss of customers and business partners. Our esb Law Firm works closely with entrepreneurs to jointly create a tailor-made business model by selecting the most advantageous legal form and creating an appropriate organisational structure.

 

Succession consultancy includes, in particular:

  • development and implementation of a comprehensive succession plan;
  • appointment of a successor administrator;
  • assistance in choosing the right business form;
  • conversion of a business activity (civil partnership) into a commercial company;
  • regulating corporate issues to ensure sustainability and continuity of the business (in particular by safeguarding the continuity of the commercial company after the death of a shareholder and ensuring management continuity);
  • settling the succession (notably by making dispositions of property upon death by drawing up a will).

 

Copyright

We provide comprehensive legal services in the field of copyright law in all areas of business. We support clients for whom effective copyright protection and adequate security of interests in this respect is a factor determining market success. We specialise in advisory and consultancy services for the IT and pharmaceutical sectors, software houses, and media houses. We also have a long history of cooperation with advertising and marketing agencies, publishers, manufacturers, architects, freelancers, artists and other entities in the creative industry.

 

Copyright consultancy includes in particular:

  • preparing, reviewing and negotiating agreements on the transfer of economic copyrights and licence agreements;
  • preparing legal opinions and information on copyright issues;
  • consultancy on the commercialisation of intangible assets;
  • representation in disputes concerning copyright infringement at the pre-litigation stage and before the courts of all instances.

Industrial Property Rights

We support entrepreneurs at every stage of obtaining protection for their individual industrial property rights in Poland, the European Union and worldwide. We advise our clients by indicating possible forms of protecting their ideas, know-how, production or technological processes and finished products, and by developing a clear strategy for the protection and commercialisation of rights. We cooperate with experienced patent attorneys who handle industrial property rights proceedings under national, EU and international regulations. We also carry out verifications of potential conflicts with prior rights of third parties.

 

Industrial property rights consultancy includes, in particular:

  • trademark registration;
  • obtaining a patent for an invention;
  • obtaining protection for a utility model;
  • registration of an industrial design;
  • preparing state of the art reports to determine patentability;
  • developing strategies for the protection of industrial property rights;
  • consultancy on the commercialisation of intangible assets;
  • drafting, reviewing and negotiating agreements relating to industrial property rights (in particular, licensing agreements);
  • representation in disputes concerning industrial property rights.

Internet and E-Commerce

Our law firm offers assistance in the preparation of all documents necessary for the provision of services on the Internet, including electronically delivered services, services to consumers and aspects relating to the protection of personal data and its possible cross-border transfer.

 

E-Commerce consultancy includes, in particular:

  • drawing up online shops terms and conditions;
  • drawing up rules of procedure for electronically supplied services;
  • drawing up rules and regulations for competitions and promotions;
  • creating privacy policies for websites;
  • drafting of information obligation clauses on the processing of personal data.

Personal Data Protection Law

We provide comprehensive services in the field of personal data protection for entrepreneurs operating in various industries and market segments, also for medium and large IT companies. We have broad experience in auditing the compliance of companies' internal solutions with GDPR, as well as in implementation projects in this area.

 

We draw up procedures (risk assessment, privacy by design, privacy by default), regulations, policies, instructions, contractual clauses, data entrustment agreement templates, authorisation templates, information clause templates, breach notification templates, register templates - adjusted to the requirements of GDPR. We also handle personal data transfers outside the EEA.

 

Consulting in the field of personal data protection includes in particular:

  • audit of compliance with data protection legislation (GDPR);
  • preparation and implementation of procedures and documents on personal data protection, e.g. privacy policy, data protection policy, security policy, instructions and internal organisational rules, register of personal data processing activities, authorisations;
  • drafting, reviewing and negotiating agreements on the protection of personal data and databases, e.g. agreements on the entrustment of data processing, agreements on the provision of access to data, transfer agreements;
  • consultancy on the implementation of data protection and privacy obligations in relation to electronic provision of services;
  • personal data protection training tailored to the individual needs of the client, including training for the client's employees, associates and collaborators  as well as data protection officers.

 

Advertising and Marketing

We deal with issues related to advertising and promotion, both in the traditional sense (advertising law) and in the area of Internet and social media marketing. We serve entities that make creative use of new technological solutions, interpreting existing law in its current context. We provide services in the field of electronic media law. We ensure services concerning trademarks and other signs, as well as image, personal rights and copyright protection.

 

Advertising and marketing consultancy includes, in particular:

  • analysis of the strategy and individual marketing activities as well as advertising and promotional materials in terms of their compliance with the law, good conduct and principles of good practice;
  • consultancy on advertising and promotion of sensitive products and services (including alcoholic beverages, tobacco, pharmaceuticals, food supplements);
  • preparation of terms and conditions for competitions, promotional lotteries, premium sales;
  • drafting, reviewing and negotiating all advertising and promotional agreements, including agreements with advertising agencies and media houses, sponsorship agreements, barter agreements, cooperation agreements with public figures, influencers, celebrities, athletes, including social media activities;
  • preparing, reviewing and negotiating contracts and documents for activities aimed at increasing sales and brand awareness, including merchandising services and commercial agreements;
  • representation in disputes concerning advertising and promotional activities at the pre-litigation stage and before the courts of all instances.

 

Unfair Competition and Consumer Law

It is our objective to ensure the security of our clients' business activities, therefore our consultancy includes a comprehensive analysis in terms of compliance with competition law, intellectual property law, consumer regulations and personal data protection rules.

 

We also represent clients in cases involving unfair competition. Our experience in this field includes, in particular, issues related to the infringement of business secrets, theft of ideas, imitation of products, misuse of someone else's reputation and brand. We also advise on consumer law and personal data protection matters.

 

Unfair competition advisory includes, in particular:

  • preparation and review of all content and documents in terms of compliance with consumer regulations (including rules and regulations of online shops and provision of electronic services, competition and promotion terms and conditions, privacy policies);
  • drafting, reviewing and negotiating agency, distribution and franchise agreements;
  • preparing website content relating to consumer communication;
  • representation in disputes concerning the principle of fair competition at the pre-litigation stage as well as before the courts of all instances.

Real Estate Law

We assist our clients throughout the entire investment process. We provide advice at the investment planning stage, including investigation and  analysis of the real estate's legal status, obtaining the necessary documents and certificates enabling its acquisition or disposal. We offer legal support throughout the construction and operation of the facility - we draft and negotiate contracts, resolve current legal issues, and handle disputes. We also support our clients at the time of the investment's completion - in terms of settlements, termination of contracts, evictions.

 

We provide services for both natural persons and entrepreneurs (including developers), housing communities and cooperatives.

 

In order to provide our clients with comprehensive legal support, we cooperate with notaries, tax advisors and licensed real estate agents.

 

Real estate consultancy covers, in particular:

  • real estate legal audit;
  • reviewing and negotiating development and ownership transfer agreements;
  • drawing up and reviewing lease and tenancy agreements;
  • consultancy relating to the protection of tenants' property rights;
  • representation in disputes concerning termination of contracts, settlements, evictions;
  • handling tender, administrative and court proceedings concerning, among others: building permits, construction conditions, environmental decisions and environmental protection.

Labour Law

We provide comprehensive legal services in scope of labour law. Our lawyers have extensive knowledge and experience in this field acquired in the course of legal servicing of companies and individual clients. Today's law imposes ever increasing formal requirements on the employment of employees. We are facing a number of new regulations which must be implemented in order not to expose your company to negative consequences. We offer comprehensive support by providing opinions on employment contracts, we also prepare non-competition agreements, work regulations and civil law contracts (contracts to perform a specific task, contracts of mandate). Our services are based on Polish and international labour law, and our offer is addressed both to domestic and foreign enterprises as well as those entering the Polish market.

 

The worldwide ongoing COVID-19 pandemic has changed almost every area of our lives, including work-related issues. Our specialist lawyers keep abreast of changes in the law regarding remote working regulation and will help you implement it in your company.

 

The labour law advisory service covers, in particular:

  • ongoing legal services for companies and entrepreneurs in the field of labour law;
  • drafting and reviewing employee documents, including employment contracts, managerial contracts, non-competition agreements, property entrustment agreements, joint liability agreements and civil law agreements;
  • representing employees and employers in labour law litigation and negotiations in disputes between employees and employers;
  • preparation and review of internal company regulations, including work or remuneration rules and regulations;
  • protection of business secrets;
  • pull implementation of remote working, including preparation of Remote Working Regulations.

MDR (Medical Device Regulation)

In May 2021 the current regulation of the medical device market was replaced by a new regulation of the European Parliament and the Council of the European Union. MDR ( Medical Device Regulation) provides for a number of changes that will affect not only manufacturers and distributors, but also users of medical devices, including those running beauty salons, aesthetic medicine clinics or shops. Our team offers support to the medical-cosmetic industry in adapting its operations to the requirements of the new legal regulations.

 

Moreover, the Polish law implementing the EU regulations will introduce additional changes to the advertising of medical products, which from now on will be subject to stringent restrictions. Our advisory services in the field of advertising include, among other things, assessing the legal admissibility of advertising in all forms and channels of communication.

 

Our law firm provides full support to medical and cosmetic companies in the process of preparing to apply the new regulations. Our services include training on the new rules, as well as conducting internal audits or implementing appropriate documentation.

 

Consultancy on the application of the MDR rules covers in particular:

  • support in adapting the client's business to the requirements of the new MDR regulations;
  • preparation, review and negotiation of distribution agreements in compliance with MDR;
  • seminars on changes in the law relating to medical devices;
  • preparation and assistance in the implementation of internal procedures in line with MDR;
  • issuing opinions on the legal admissibility of advertising of medical devices.

Mediations

Mediation is an attractive alternative to protracted and costly litigation. It is a voluntary and confidential method of dispute resolution. It helps to achieve a mutually satisfactory result with the help of a third party - an impartial mediator.  It is legally permissible in all civil cases where the law allows for a settlement agreement. A settlement reached before a mediator becomes a court settlement after it has been approved by the court.

 

Our extensive experience provides the parties with professional support throughout the mediation process. We are dedicated to helping you reach an agreement. We believe that any solution to a problem or conflict, worked out jointly by the parties, is better than a court judgment.

 

Mediation's peculiar characteristics include:

  • mediation is an informal and confidential process, which creates an optimal environment for conversation;
  • mediation helps the parties to define and exchange views, attitudes, expectations and interests;
  • mediation makes it possible to find original, unusual solutions not available in court or arbitration proceedings;
  • mediation facilitates and expedites communication between the parties;
  • the purpose of mediation is to create an agreement that is satisfactory to both parties and is fully legal and effective.