While providing legal services concerning the conclusion and realisation of contracts, we make every endeavour to analyse the specificity of our Client’s business in order to adapt the drafted and negotiated contracts to the individual needs and procedures.

The Commercial Transactions Contracts Department provides legal service in the following areas:

• drafting standardized contracts used by entrepreneurs, including contracts used in consumer transactions;
• preparation and negotiation of typical contracts concluded in economic transactions connected with the current business activity (contracts of sale, delivery, transportation, rent, lease, media supply, contracts for specific work and mandate contracts);
• preparation and negotiation of contracts concerning the realization of investments (see also Real Estate and Building Law );
• preparation and negotiation of contracts that are typical of the Client’s business activity;
• legal aid in pursuing claims arising under the concluded contracts;
• legal aid in procedures of contract conclusion and legal aid for the participants of such procedures, in particular in public procurement (see also Public Procurement ).
  
  

The Commercial Transactions Contract Department is managed by our Partner Agnieszka Łuszpak-Zając PhD, legal adviser, lecturer at the Faculty of Law, Administration and Economy of the University of Wrocław, author of numerous publications concerning the conclusion of contracts.

The Litigation Department provides legal services in the following areas:

• representation in civil and business cases in common courts and the Supreme Court;
• representation in administrative procedures before administrative authorities of all levels, district administrative courts and the Supreme Administrative Court;
• representation in civil and business cases in arbitration courts;
• representation in civil and business cases in mediation proceedings and other pre-trial negotiations;
• representation before the President of UZP, KIO and before the court in the accusatorial procedure in public procurement cases (see also Public Procurement;
• representation in labour courts in cases concerning employment relationships (see also Labour Law);
  
  

Our Law Firm employs many specialists in legal procedure who work in the Litigation Department managed by our Partner Wojciech Dubis PhD, legal adviser, lecturer at the Faculty of Law, Administration and Economy of the University of Wrocław, formerly a judge.

The Companies law occupies an important place among the specialisations of the Law Firm Schampera, Dubis, Zając and Partners.

Within the scope of activities of the Companies Law Department we provide our clients with complex legal advice connected with establishing, running and liquidating a trading company. We specialise in advising on establishment of companies, their branches and representations, on establishment of foundations and associations in Poland and abroad. As regards the operating of the companies we help our Clients to solve current problems arising from their activities and we safeguard compliance with all formal and legal requirements to ensure realisation of the obligations resulting from corporation activities. Our lawyers provide legal advice on mergers, divisions and transformations of the companies. We provide aid in the restructuring and bankruptcy proceedings and also in the liquidation of existing entities. In this respect we advise both private and public companies.

Within the scope of activities of the Companies Law Department we combine our experience gained in the course of solving the problems connected with the trade companies activity with the expertise stemming from other branches of the law and with the knowledge of the specificity of the local and international trade.

The cooperation with the lawyers from other departments of our Law Firm, especially in the scope of commercial contracts, labour law or copyright law, enables us to provide our Clients with complex services covering all aspects of their business.

We are aware that this particular branch of law requires approaching a problem not only from the standpoint of the binding legal regulations but also taking into consideration business guidelines and assumptions presented by the client.

A Head of the Companies Law Department is Tomasz Szarek, legal adviser, author of numerous articles on companies law and the principles of corporate governance.

Legal advice on foreign investments constitutes a specific part of the activity of the Law Firm Schampera, Dubis, Zając and Partners. It requires of our lawyers not only a profound knowledge of the Polish law but also a knowledge of the legal regulations binding in the investor’s country as well as a knowledge of the social and economic conditions combined with a business feel.

Our Law Firm has gained appreciable experience as regards foreign investments, both capital and industrial, in various sectors of economy. We advise investors from almost all regions of the world, among them England, France, Italy, Spain, the United States, Ukraine, Germany, Austria, Japan, the Netherlands and Ireland.

We are aware that in order to effectively advise on foreign investments the knowledge of languages is indispensable, hence we provide at the disposal of our Clients English and German departments with the lawyers fluent in these languages.

We have already realised many investments of the greenfield type and the projects of expanding the already existing companies.

Legal advice on foreign investments covers among others:

• advice on the choice of the form of the business activity,
• carrying out all the procedures connected with the registration of the business activity,
• aid in purchasing and development of real estate,
• legal advice on mergers and acquisitions,
• legal aid in acquiring financial means for the investments,
• legal aid on locating investments in Special Economic Zones,
• analysis and advice on the legal aspects of personnel employment.
  
  

The legal advice on foreign investment is carried out under the supervision of two Partners: Agnieszka Łuszpak-Zając, PhD for the English-speaking investors and Rechtsanwalt Konrad Schampera (German barrister), for the German-speaking investors. Either of the partners has gained a lot of experience and has been highly successful in realisation of investments.

This is one of the leading specializations of our Law Firm. We support contractors in obtaining and performing the order, and the orderers in choosing the best possible offer.

Within the framework of our services we:

• analyse and legally assess the contents of the documents, including announcements, SIWZ (see also Commercial Transactions Contracts, Economic Insurance );
• prepare the means of legal protection;
• take part in the work of the open tender commissions in the capacity of experts;
• represent our client before the President of UZP, KIO and before the court in the accusatorial procedure (see also Court and Arbitration Law );
• advise on the realisation of the contract on a public order, negotiate the change of the conditions of the contract and offer legal aid on the realisation of the claims resulting from the concluded contracts (see also Commercial Transactions Contracts Department, Court and Arbitration Law )
• organise trainings and workshops for contractors and orderers.
  
  

As regards public procurements we advise mainly the Clients from the construction business, including designers and consultants, and also the Clients from the medical and waste management business (see also Waste Management ).

We have advised on many infrastructural projects carried out on the basis of the standardized contracts published by the International Federation of Consulting Engineers FIDIC (see also Building Law ).

The Partner Anna Specht-Schampera, legal adviser, is in charge of the Department of Public Procurements.

The Labour Law Department advises our Clients as regards the following issues:

• preparation of work regulations and regulations concerning remuneration, company social benefits fund regulation and other company-specific sources of labour law,
• preparation of employment contracts, contracts for the members of the management board and high-ranking management personnel, contracts for non-competiton and individual employee documentation,
• delegation of employees abroad to the EU member states and to other states,
• legal aspects of vocational development of the employers,
• procedures connected with the penalty for breach of order and material liability of employees (individual and collective),
• introduction of flexible working time,
• employment of foreigners in Poland,
• termination of employment contracts, including collective redundancies and employment restructuring,
• monitored termination of employment (outplacement),
• temporary employment,
• transactions of mergers and acquisitions or dividing companies or their parts in light of labour law,
• obligation to inform the employees and to conduct consultations in light of Polish and EU law,
• solving employment disputes and representation before labour courts,
• negotiation of collective agreements and other agreements.
  
  

Additionally the Labour Law department holds a variety of training sessions for employers about interesting aspects of labour law. Each training session is prepared individually to particular order of the Client. Apart from the training sessions for our Clients the Law Firm Schampera, Dubis, Zając and Partners, together with the British-Polish Chamber of Commerce and the Polish-German Chamber of Industry and Commerce prepares cycles of training sessions on labour law for the members of Chambers and other entities.

BREAKFASTS HR are also held under the aegis of our Law Firm: these are free of charge, periodical meetings of human resources managers of large employers, aiming at the exchange of experiences and the integration of this professional group.

A manager of the Labour Law Department is Partner Wojciech Zając, legal adviser, author of many publications and an active lecturer to Polish and foreign managing staff.

From the beginning of our activity we have been advising our Clients on real estate transactions. Our activities include in particular:

• advice on purchasing a real estate, inspection and assessment of the legal status of the real estate, preparation and negotiation of the purchase contracts;
• preparation and negotiation of contracts that ensure financing of the real estate purchase and realisation of the investment;
• providing advice to investors on managing real estates, in particular preparation and negotiation of contracts with contractors taking part in the construction process (see also Building Law ), participation in selection of contractors (see also Public Procurement );
• providing advice to real estate agents, designers (see also Copyright Law ), other consultants and contractors of construction works on preparation, negotiation and conclusion of the contracts (see also Building Law )
• providing advice as regards obtaining administrative decisions required for the realisation of the investment (see also Building Law );
• preparation and negotiation of tenancy agreements and the contracts of sale of apartments;
• representing our Clients in the procedure of obtaining permissions for purchasing real estate by foreigners from the Minister of the Internal Affairs and Administration.
  
  

Our experience in the aforementioned fields covers above all:

• industrial real estates; we have provided legal services to many investments of the greenfield type, in particular the construction of production plants and warehouses for our clients (among others in Wrocław, Żórawina, Strzelin, Dobiegniew), including investments situated in special economic zones;
• apartment and office real estates: we have advised and still advise on many projects realised by developers;
• retail real estate; in particular we provide legal services for the entities constructing large-area trade buildings;
• agricultural and forestry real estates, especially when acquired by foreigners;
• real estate registered as a monument.
  
  

Partner Agnieszka Łuszpak-Zając, PhD and a legal adviser is a Head of the Real Estate Department. She is a lecturer at the Faculty of Law, Administration and Economy of the University of Wrocław and author of many publications on civil law.

Waste management is one of the most developed departments of our Law Firm, due to the obligation that Poland shall minimise the amount of the produced waste and the resulting development of the devices that serve the purpose of waste management through thermal, biological and mechanical processes. Our Law Firm makes every endeavour to advise on the legal aspects of the realisation of the “recycling society”, as it is propagated by the European Union.

In the field of waste management we:

• provide legal aid aiming at obtaining necessary permits, issued generally on the basis of the Waste Law, Act on Maintaining Cleanness and Order in Communes, Water Law; we offer representation before administrative and judiciary organs (see also Court and Arbitration Law );
• advise on the realisation of installation investments (see also Building Law, Real Estate Market ),
• advise on the obtaining public orders, including “green orders”, especially for the management of communal waste, summer and winter road cleaning, reclamation of waste grounds (see also Public Procurement ),
• prepare and negotiate contracts on waste management, including those on material recovery (see also Commercial Transaction Contracts ).
  
  

Anna Specht-Schampera, our Partner and legal adviser, is a Head of the Waste Management Department.

Within the specialisation in company law and procedural law our Law Firm advises the Clients on the cases and procedures connected with reorganising, restructuring or liquidating companies.

We assist our Clients to effectively carry out reorganisation proceedings, to merge, divide and reorganise companies. We also assist in bankruptcy and reorganisation proceedings. Additionally we provide legal aid in reclaiming due receivables within the framework of the bankruptcy proceedings.

Our lawyers prepare analyses of the financial condition and legal status both of our Clients and our Clients’ contractors. We also advise on liquidation procedures concerning commercial companies and other legal entities.

The Building Law Department attends to administrative issues of the construction process and to the legal services concerning the construction contracts in a broad meaning of the word, i.e. contracts concluded with entities performing different functions in the investment process. Our legal activities include:

• legal aid on issues connected with spatial development of the real estate;
• legal aid on the administrative procedure preceding the commencement of the construction works as well as legal services in the course of construction works and at the stage of obtaining the use permit (see also Litigation Department);
• preparation and negotiation of construction works contracts, including those concluded according to the FIDIC standards, as well as other contracts concluded in the construction process, in particular contracts for design works, investor’s supervision, investor’s representation, contracts with the contract engineer, including contracts concluded on the basis of public procurement procedures (see also Public Procurement);
• preparation and negotiation of developer contracts;
• advice at the stage of the realisation of the contract, including legal aid in judiciary proceedings (see also Litigation Department).
  
  

Anna Specht-Schampera, our Partner and legal adviser, is a Head of the Construction Law Department with regard to administrative law and public procurement. Ms. Specht-Schampera is a member of the Polish National Association of Consultants on Public Procurement, an author of many publications on public procurement and a regular contributor to the monthly “Przetargi Publiczne” [Public Tenders]. Agnieszka Łuszpak-Zając PhD, our Partner and legal adviser, is a Head of the Construction Law Department with regard to construction works contracts. Ms. Łuszpak-Zając is a lecturer at the Faculty of Law, Administration and Economy of the University of Wrocław and an author of many publications on civil law.

Education and experience of our Partner Konrad Schampera (Rechtsanwalt) enables our Law Firm to provide advice on German law. Our activities include in particular:

• representation of our Clients in German courts and offices, especially in economic and penal cases,
• establishment of business in Germany (in various forms),
• preparation and negotiation of contracts with German partners,
• vindication of due receivables.
  
  

The Law Firm Schampera, Dubis, Zając and Partners provides legal services on private international law and European Union law, with particular regard for competition law, consumer protection, freedom of movement for goods, services, capital and persons, electronic trade and the safety of products.

Our Law Firm provides legal services pertaining to the projects financed from European Union funds; we participate in the process of negotiations of such contracts, preparation of the documents needed to obtain European Union grants and in the settlement of the grants.

Our Partner Wojciech Dubis PhD, a lecturer at the Faculty of Law, Administration and Economy of the University of Wrocław, is a Head of the European Union Law/Private International Law Department.

Our Law Firm also specialises in providing legal services to our Clients from the financial sector. Within the framework of this specialisation our lawyers advise banks and entities providing banks with outsourcing services. We help to prepare the documentation concerning the services rendered by banks and financial service agencies. We advise our clients at every stage of the cooperation, negotiate contracts between banks and agencies and suggest advantageous solutions; we also advise on the current management of companies. We provide aid in the observation of the regulations on the personal data protection and we carry out legal audits in this respect.

Our Partner Wojciech Dubis PhD, legal adviser and a lecturer at the Faculty of Law, Administration and Economy of the University of Wrocław, is a Head of the Banking Law Department.

The Business Insurance Law Department offers the following legal services:

• legal analysis and negotiation of insurance contracts, reinsurance and other insurance products,
• representation in disputes regarding insurance contracts before common courts of law and before the Supreme Court (see Litigation Department),
• representation of insurance companies in the procedures before the supervisory body,
• legal aid in the process of establishment or restructuring of entities acting on the insurance market – insurance societies, insurance or financial agents etc.,
• legal analysis and negotiation of the agency, broker and outsourcing contracts,
• restructuring of liabilities from insurance portfolios.
  
  

Our Business Insurance Law Department, which employs experienced lawyers, is managed by Partner Wojciech Dubis, PhD, legal adviser and a lecturer at the Faculty of Law, Administration and Economy of the University of Wrocław, author of the commentary to the regulations on the insurance contract in the Civil Code.

Intellectual property can be one of the most precious assets of a company. At the same time intellectual property is frequently insufficiently protected. Therefore, in order to enhance the value of the company, we protect the intellectual property of our Clients.

The Intellectual Property Law Department offers the following services:

• legal protection of the business name and the trade marks,
• preparation and evaluation of the contracts concerning copyright, in particular contracts on copyright transmission and licence contracts,
• claiming rights to internet domains in courts of arbitration,
• acting in disputes regarding the copyright infringement,
• representation of the Client, together with patent attorneys, before the Polish Patent Office,
• preparation of employee’s regulations concerning copyrightable solutions and rationalisation designs,
• legal aid in protecting databases and protecting know-how,
• litigations concerning press law, including disputes regarding press titles.
  
  

Our Law Firm specializes also in the electronic media market. We advise IT companies providing them with current legal services and advice on the realization and implementation of IT projects. Our lawyers have gained extensive experience in negotiation of contracts concerning the installation and implementation of computer systems and the creation of internet sites. We advise on the negotiations of contracts concerning the transmission of technology, including licence contracts. We also advise on the observance of the regulations regarding protection of personal data and we carry out legal audits in this respect. Our lawyers have experience in carrying out litigations concerning violation of right to internet domains in courts of arbitration. Additionally we advise on the services provided through electronic media.

Wojciech Dubis PhD, legal adviser and a lecturer at the Faculty of Law, Administration and Economy of the University of Wrocław is a Head of the Electronic Media Law Department.