We successfully represent our Clients in disputes before common courts and the Supreme Court, as well as out of court, at mediation talks.
Below we present only a general overview of the cases we offer support in, which is why we recommend you to contact us directly with the case you need professional help with. Our lawyers will determine the scope of necessary legal support and establish a further action plan, so that you can focus on your business, not its legal aspects.
We represent our Clients in commercial matters, including those regarding compensation, payment, disputes regarding failure to perform or improper performance of contracts. We support our Clients at the stage of pre‑court negotiations, the litigation process, and the execution of claims.
The infringement of intellectual property rights is currently very common. Plagiarism, the dissemination of works or their studies without the consent of the entitled entity, manufacturing counterfeit products, unauthorised use of personal image, breaching the conditions of using the object of the copyright (e.g. software license), and many other forms of infringement require taking steps that lead to the protection of Clients’ interests and rights.
Infringement of economic copyrights, infringement of trademark rights (including EU trademarks), infringement of industrial design rights (including EU designs), infringement of patents, claims regarding the payment of remuneration or compensation, invalidation of exclusive rights, claim for the cessation of acts of unfair competition, disputes in the IT industry – these are some of the subjects of litigations in the area of intellectual property rights protection, including brand protection.
We support our Clients in disputes regarding intellectual property rights, both at the pre-litigation stage and in court (also proceedings to secure claims and informational proceedings). We provide advice to our Clients with regard to the assessment of evidence and litigation strategy.
One example of infringing entrepreneurs’ rights (e.g. infringing their rights to markings or the brand, an act of unfair competition) is Internet domain cybersquatting, which is the purposeful purchase of an Internet domain with the aim of further resale for a higher price. This activity is often connected with the illegal acquisition of information on the activities of the entitled entity, aimed at purchasing a particular domain before that entity.
Our firm supports its Clients in combating the above incidents. We advise, review, conduct mediation talks and represent Clients in disputes regarding cybersquatting.
We advise, review, determine the litigation strategy and represent Clients in corporate disputes regarding e.g. appealing against the resolutions of meetings of partners or general meetings of shareholders; disputes resulting from contracts concluded between partners or shareholders; the liability of management board members; claims of partners/shareholders connected with damage inflicted to the company (actio pro socio); excluding a partner; dissolution of the company; corporate disputes between the partners of partnerships.
We also provide legal advisory services and represent Clients in mediation talks and court cases related to disputes resulting from managerial contracts, including those connected with managerial remuneration and the long-term incentive plan specified in the managerial contract or the company’s incentive programmes.
For us, conducting litigation is not only accepting a case and representing our Client before the court. It is a highly complex process of considering and executing tasks aimed at protecting the Client’s interests, taking into account individual and environmental business conditions, as well as calculating the influence of the risk resulting from a particular dispute on the Client’s future activity. We offer a comprehensive range of services connected with the pre-litigation and litigation stages of our Clients’ cases.
In cases indicated by the Client, we analyse and review the probability of a dispute arising and its possible outcome. A pre-litigation audit is one of the elements of the process of managing risk present in the conducted business activity. Disputes mainly mean money – both the subject of the dispute and the resources necessary for conducting the dispute resolution process. In order to efficiently manage risk, it is worth to evaluate whether entering into the dispute will be financially viable in the long run.
When a dispute is almost certain or when the Client has already received a lawsuit, the firm offers its Clients the service of litigation analysis, within which our lawyer and the Client establish the factual status of the Client’s case, perform a comprehensive analysis of evidence and its value, conduct an analysis of the risk connected with entering into a dispute and its possible outcome, as well as an analysis of the influence of this risk on the Client’s further activity.
Having conducted the litigation analysis phase, whose outcome is a decision to enter into a dispute, we begin the development of a litigation strategy. This phase appears throughout the litigation, due to the variables that occur in the process (e.g. the appearance of new evidence) or changing the Client’s business decisions (e.g. as a result of altering the company’s development strategy). Having an action plan for the litigation is crucial, especially if the court decides to hold a preparatory hearing and establish a trial plan. After deciding on the strategy, together with the Client we move on to further steps in the litigation, such as preparing relevant letters and stands.
In a litigation, there are between several and over a dozen court sessions, including hearings. Our firm ensures its Clients court representation in any court on the territory of Poland.
If the situation and parties allow it, we support Clients in out-of-court and court negotiations , as well as in drawing up adequate settlements. Before filing a lawsuit, we also assist our Clients in preparing a motion for a summons to a conciliation hearing and represent the Client in the case.
Efficient litigation project management is half the battle. Our firm continuously monitors our Clients’ cases and keeps them informed as for the status of their case, with a regularity and to the extent arranged with them. Within its project-based management, the firm also offers the management of multiple litigation cases, coordinating the activities of our firm’s lawyers, the Client’s in-house legal staff and lawyers cooperating with the Client.
Throughout the proceedings or after their finalisation, we send our regular Clients guidelines and lessons learnt drawn up by our lawyers and regarding the Client’s procedures or practices, which may have influence on the occurrence of similar disputes in the future.
Each of the above services can be provided independently from the remaining ones and without our firm’s involvement in other areas of a given case. It is the Client who takes decisions and we are only supporting and facilitating the flow of a litigation in accordance with the Client’s expectations.
If a dispute between you and your counterparty is brought before an arbitration court, we will gladly support you in conducting the litigation itself and representing you before the arbitration court. We will help analyse evidence, prepare a strategy and guide you through the whole process of alternative dispute resolution and, should it be necessary, through the appeal procedure before common courts and the Supreme Court.
We also provide legal support services in mediations between the disputing parties.