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
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:
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:
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:
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:
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:
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:
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:
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:
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:
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:
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:
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: