This content is provided by Pokorný, Wagner & partneři, s.r.o., advokátní kancelář.

Firm Overview:
Pokorný, Wagner & Partners, Attorneys-at-Law, has been offering comprehensive legal services to its clients at a high professional standard since 1996. The firm’s legal services and advice are related to business activities for prominent domestic and foreign clients through its professional and experienced team of lawyers, who specialise and coordinate with one another in individual branches of law.
The firm is one of the more renowned and established law firms in the Czech Republic, providing its clients with advice at the highest level, customised to their specific needs. The firm’s legal services are provided domestically, and through its foreign partner legal firms, to Czech and foreign clients in various jurisdictions throughout the world. Thus, the firm is able to handle transactions and disputes encompassing several jurisdictions simultaneously.
The firm’s services are also naturally provided in the field of EU law, including representation in proceedings held before the European Commission and the European Court of Justice.

Main Areas of Practice:
Corporate / M&A:
The firm’s comprehensive legal services comprise domestic and cross-border acquisitions, divestments and a whole range of other transactions and transformations of business corporations including:
■ Mergers, acquisitions, divisions, transformations and liquidation of companies, restructuring, disposals of parts of business undertakings
■ Preparing optimum corporate and JV structures, including legal optimisations and corporate governance
■ Equity capitalisation, private equity, and conversion operations
■ The complete transaction document process
■ Assisting with the settlement of transactions and subsequent corporate changes
■ Preparing general meetings, changes to registered capital, drafting profit distribution contracts

Arbitration (International):
Dispute resolution is one of the firm’s long-term specialities and the arguments put forth by its office (which have been based on detailed research of Czech and European case law) have often influenced the established decision-making practice of Czech courts. The firm’s comprehensive legal services cover all phases of the process, beginning with the pre-dispute phase up to proceedings held before tribunals or arbitrators. Its international legal services in this area have included representation before ICSID, VIAC and other arbitral tribunals. The firm naturally can handle any follow-up proceedings before the ECHR or related proceedings before the ECJ, and provide representation in execution and insolvency proceedings.

Antitrust:
The firm provides antitrust legal services under both Czech and EC law. The firm has often successfully represented clients before the Office for the Protection of Competition (OPC), the EC, and various administrative courts and our lawyers, who have published several specialised articles in renowned journals, are also engaged in a number of other specialised activities in this field, including long-term involvement in the OPC’s Board of Appeals. Main areas of focus:
■ Public procurement
- Contract-awarding authorities – selecting the most appropriate type of procurement proceeding, explaining exemptions from public contract regulations, preparing contract-awarding conditions, assisting throughout all stages of the procurement process, and settling objections
- Tenderers – advice in the processing of bids and representation in objection proceedings and in motions to review the contract-awarding authority’s terms and conditions before relevant bodies
■ Analysis and representation in proceedings concerning concentration of competitors, agreements distorting competition, misuse of a dominant position, and public aid – analysis of the compatibility of contemplated or provided public aid with EU legislation

Intellectual Property:
The firm possesses extensive knowledge and experience in the field of IP rights, unfair competition and advertising law in the following categories:
■ Copyright and Trademarks (applications, portfolio management, objection and cancellation proceedings) and utility designs
■ Licences, franchising
■ Internet and domains and GDPR
■ Unfair competition (litigation and arbitration proceedings)

Banking & Finance:
In line with this sector’s growing dynamism, we focus on securities, the insurance industry, investment funds and companies, securities portfolio management, etc. The firm prepares loan and other banking contracts, including syndicated loans, and club financing and security instruments under LMA standards. The firm’s consumer credit services include assessing its clients’ intent from the public law perspective and preparing contract documents. The firm’s main areas of focus include securities law, derivate instruments and trading therein as well as public market law, banking law, foreign exchange law and AML advice, as well as providing representation in proceedings held before the Central Depository, the Czech Ministry of Finance, the Czech National Bank and the Financial Arbitrator.

IT & IT Outsourcing:
The firm has vast experience with cyber and information security and extensive knowledge surrounding the legal aspects of telecom operations in the automotive, energy and transport industries, as well as the legal aspects of new technologies and technological platforms (autonomously driven vehicles, drones and robotic systems, AI). Main areas of focus:
■ Analysing segmentation and the regulatory framework of telecom operators and other entities operating on the telecom market; preparing client and wholesale contracts
■ Preparing adequate models of information, data, telecom and other types of outsourcing and process or workflow optimisation
■ Consulting for cloud solutions, service of electronic documents, saving and archiving data in reliable repositories and comprehensive administration of electronic documents
■ Smart power networks, new generation data networks, telephonic and data communication and revisions to technical solutions
■ Representation in administrative proceedings before the Czech Telecommunications Office (licensing and sanctioning proceedings) and the National Security Authority

Energy:
The firm has vast experience in providing legal advice to energy market leaders on their projects and transactions, including assistance with consolidating a group of energy companies, organising distribution assets, and setting up and organising procurement processes and procurement proceedings. The firm strictly follows relevant energy sector laws and European regulations, including unbundling legislation. Main areas of focus:
■ Investments and divestments of energy assets and sets of assets
■ Company mergers and divisions, asset takeover and subsequent energy performance management optimisation
■ Comprehensive representation in photovoltaic litigation
■ Public procurement on behalf of contractawarding authorities in the sector

Construction & Real Estate:
The firm also specialises in providing construction law and real estate advice. Its comprehensive services help lead to trouble-free development projects and include advice related to the purchase of land, obtaining required consents and permits, reviewing tender documentation, setting up contractual relations with all parties, and inclusive legal services relating to the sale and lease of real properties.

Clients:
The firm’s client base includes major local, foreign and multinational corporations (and their Czech subsidiaries). Major clients include companies engaging in energy (electricity generation, gas, coal, mining, chemicals), healthcare (pharmaceuticals and medical devices), banking and insurance, investment funds, the media, e-cigarettes, telecom, and the forestry, food and computer industries.