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Prof. Marek Wierzbowski & Partners - Advocates and Legal Counsellors

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This content is provided by Prof. Marek Wierzbowski & Partners - Advocates and Legal Counsellors.

Managing Partner: Professor Marek Wierzbowski
Partners: 3 Associate Partners: 3
Number of lawyers: 25
Languages: English, German, Polish, Russian

FIRM OVERVIEW:
Prof. Marek Wierzbowski and Partners practices in all areas of economic law. The firm's experience and understanding of business allow it to implement complex, safe solutions which fully meet the expectations of its clients. The firm's specialist knowledge, its individualised approach to each case, and the responsible nature of its legal advisors have earned the trust of numerous clients.

Founded in 2004 by Professor Marek Wierzbowski, the firm has benefited from Professor Wierzbowski’s ten years of experience as a partner in the legal firms of Linklaters and Weil. Currently Wierzbowski and Partners employs twenty five lawyers, including three partners and three associate partners. The group of partners includes Sławomir Jakszuk, the former Deputy Director of the Stock Exchange Legal Advisory Service and Marek Wierzbowski, who was the Deputy Chairman of the Stock Exchange Supervisory Board for twenty two years.

The firm also employs the best specialists in the fields of market capital, corporate law, mergers and takeovers, antimonopoly law, consumer protection and public assistance, public speaking, energy law, real estate, construction and zoning law (two members of the team have sat on the board of the Codification Commission, one of them as chairman), environmental protection, territorial autonomy. The firm offers a full, seamless and integrated service for Polish and foreign companies, including legal services at all stages of investment projects. It assists its clients in obtaining capital, in applying for concessions and permits as well as in appeals against unfavorable decisions. 

The firm holds a top place in the official rankings of Polish law firms, and according to the stock-market newspaper Parkiet since 2007 it has led the field in dealing with public offers in Poland. In the Deal Watch ranking, the firm was awarded fifth place in a listing of firms working with mergers and takeovers.

International legal rankings list Wierzbowski and Partners among the leading legal firms on the Polish market.

Practice Areas:
 • Capital & Other Financial Markets
• Corporate: Mergers, Takeovers & Restructures
• Litigation, Arbitration & Mediation
• Financial Services Law – Banking, Insurance, Payment Services
• Competition, Consumer Protection Law
• Real Estate, Construction, Investment Projects
• Financial Risk
• Local Government
• European Law, State Aid & EU Funds
• Administrative & Court Proceedings
• Rail Transport
• Energy
• Environmental Protection
• Telecommunications & New Technologies
• Public Procurement
• Tax

Main Areas of Practice:
Capital & Other Financial Markets:
The firm's lawyers have extensive experience in all types of capital market transactions and securities related issues. The firm has provided legal services for a number of offerings of shares, debt instruments and other securities. Services included the drafting of prospectuses and the preparation of legal documentation for the offering (management options as well). The firm has acted either as issuer’s or underwriter’s counsel. Some of the firm’s projects contained elements that were new to the Polish capital market. The firm set up a few new brokerage houses and investment funds. The firm acts on behalf of issuers, major shareholders and investment funds in proceedings before the Polish Financial Supervision Authority.

Mergers & Acquisitions, Privatisation & Restructuring of Companies:
The firm has handled many mergers and acquisitions, including privatisation transactions, as well as the restructuring of companies and other operations. Also the firm provides legal support on the number of acquisition transactions concerned both listed and non-listed companies. In the case of listed companies the firm prepared the entire documentation for tenders, to acquire controlling portfolios of shares in target companies. The firm has also experience in protecting companies against hostile takeovers, internal conflicts amongst shareholders or shareholders and management. The firm has also handled a number of restructuring transactions and is also experienced in advising on in-kind and cash contributions to listed and non-listed companies, as well as company splits. The firm's lawyers have extensive experience also in the processes of dissolution of the companies.

Financial Services Law – Banking, Insurance, Payment Services:
The firm has considerable experience in banking and insurance matters. This experience encompasses the representation of banks and insurance companies before the regulatory authorities as well as handling transactions and disputes. In the banking sector the firm has experience in different types of banking and financial transactions, including loans and credits. In insurance matters the Firm has been involved in disputes concerning the responsibility of insurance companies and in representing insurance companies before the Financial Supervision Authority.

Administrative Proceedings & Cases:
The Firm has conducted numerous complex cases in the field of administrative law, including cases of foreigners living in Poland and granting of citizenship, data protection, pharma, environmental protection, mining, geology, aviation, construction and zoning, rail and transport regulation, financial markets and many other kinds of cases. It has also represented clients before the regulatory authorities and administrative courts, and has acted for private parties challenging administrative decisions as well as advising government departments, whose decisions had been challenged.

Energy & Telecommunications Law:
The firm has expertise in all matters related to energy regulations – electricity, gas, other fuels and the heating industry in general. It is involved in obtaining permits and concessions, concluding agreements on the sale of energy and grid access. Last but not least, it handles disputes, including those brought before the President of the Energy Regulatory Office. The firm has also advised on a number of telecommunication matters including cases decided by the regulatory authority, agreements for telecommunication services etc.

Competition & Antitrust Law, Public Aid:
The firm has handled a number of competition and antitrust cases. They have been mostly related to company mergers, the acquisition of large blocks of shares etc. – the so called concentration of entrepreneurs, which requires obtaining a permit from the President of the Office for the Protection of Competition and the Consumers (UOKiK). The firm has also dealt with the abuse of a dominant market position, penalties for violation of rights of consumers, agreements restricting competition as well as so called abusive clauses in contracts and public aid. The firm has drafted and advised in the drafting of distribution agreements and has also advised on several matters of public aid.

Litigation, Arbitration & Mediation:
The firm provides comprehensive and professional legal services to clients at every stage of civil proceedings, as well as in disputes taking place outside court (mediation and arbitration), using the team's wide knowledge and wealth of practical experience in this area. The services cover assistance in all types of court proceeding in all areas of law, including enforcement procedures and safeguard procedures, representing clients in all courts, including the Supreme Court and all types of common courts, High Court and the Consumer Protection and Competition Court and administrative courts. The firm is involved in a range of cases on behalf of institutional clients, specialising in highly complex, high stakes precedence cases. Wierzbowski & Partners is also experienced in dealing with international civil cases and the difficulties associated with establishing jurisdiction and applicable law. The practice covers also arbitration in national and international disputes, and frequently represents clients before permanent arbitration courts (including the Court of Arbitration in the Polish Chamber of Commerce and the Polish Bank Association and the Permanent Court of International Arbitration),as well as before ad hoc arbitration tribunals which are called into being to decide on specific disputes and operating in accordance with various laws and regulations (for example ICC and UNCITRAL).

Public Procurement:
The firm renders legal assistance for both contracting authorities and tenderers. The firm offers assistance in the preparation and implementation of tendering procedures, following rules set up by public procurement law. This assistance includes: procedure selection assistance in drafting essential specifications of the contract, assistance whilst the tendering procedure is pending (including evaluation of tenders), drafting responses to inquiries, assistance in amending specifications, assistance in deciding on the objections of those tendering etc. and representation during appeal proceedings. The firm also offers services during the execution stage of awarded contracts.

Real Estate:
The firm specialises in in all types of law matters associated with sales and use of land, including representing investors in sales and purchases, negotiating and assisting in the conclusion of contracts connected with real estate (including construction contracts), as well as administrative matters. Wierzbowski and Partners handles due diligence in ascertaining the legal status of property and advise investors on all legal aspects of the investment process, including receiving the necessary permission for each stage of construction projects, from the initial decisions about the conditions concerning the construction site through to the final permission to make use of the investment. The firm also advises on the frequently-changing environmental laws, and its advice on the initial environmental assessment of a project also takes into consideration the EU environmental law. The firm has been involved in providing comprehensive legal services for the realisation of infrastructure projects since its inception.