Month: January 2021

The law firm provides extensive legal assistance to individual Clients. The experience we have gained in the area of many fields of law allows us to look at the problems of our Clients comprehensively. When giving legal advice, we always keep in mind the nature of the cases that individual Clients turn to us with. Marszałek & Partners – Attorneys also provides representation at every stage of litigation, administrative proceedings and enforcement proceedings, where we use our extensive experience and the acquired knowledge, measured by the thousands of conducted court cases.

Responding to the needs of our Clients, being aware of the fact that branches of law interpenetrate each other, and that the actions taken may have tax consequences, as part of the services provided, lawyers of Marszałek & Partners – Attorneys provide the preparation of an analysis of the planned activities in terms of tax consequences. Receiving a comprehensively worked out issue allows to reduce the risks associated with the activity as much as possible, and often eliminate them completely. In view of the above, our team also includes qualified tax advisors who are listed by the National Council of Tax Advisors.

Marszałek & Partners – Attorneys has many years of experience and practice in providing legal services to narrowly specialized entities operating in the field of pharmaceutical and medical law. The scope of activities undertaken by the Firm in the field of pharmaceutical and medical law include in particular:
– legal support in advertising campaigns and any other marketing activities in the regulated trade, including Rx and OTC medicinal products, dietary supplements and medical devices;
– counseling and legal representation in proceedings relating to the mechanisms of admitting a medicinal product to the market, parallel import licenses, parallel distribution notifications, manufacturing of medicinal products, etc .;
-provision of advisory services in connection with competition law, including, in particular, support for clients in preventing and combating counterfeiting of medicinal products and unfair / unreliable advertising;
-support in the field of conducting clinical trials, including preparation of consent of trial participants, contracts for conducting clinical trials, etc .;
-consulting on issues and matters related to the existence or prevention of liability of pharmaceutical companies or other entities operating in the medical sector, including in proceedings related to damage caused by a medicinal product;
-support in the preparation and implementation of activities related to the distribution of medical products, including the sponsorship of pharmacists etc .;
– providing advisory services in the field of proceedings under the provisions of the Public Procurement Law, both on the part of the entity awarding the contract and the entity submitting the offer.

New technology law, AI governance & digital communications

Marszałek & Partners offers advanced legal assistance in the area of new technologies, with a particular focus on the rapidly developing law governing artificial intelligence. Our team has in-depth knowledge of the implementation and application of the AI Act regulations – the EU regulation setting new standards for AI systems – and actively supports clients at every stage of bringing their operations into compliance with the requirements of this regulation, including the classification of AI systems, obligations of suppliers and implementers, and risk management procedures.

The scope of our practice includes, in particular:

• AI governance and compliance – legal audits of AI systems, creation of internal compliance policies and procedures, accountability consulting for autonomous systems and algorithmic decision-making
• Data protection and privacy – GDPR in the context of AI systems, profiling, automatic data processing, cooperation with supervisory authorities
• Intellectual property law in the digital environment – copyright, database protection, ownership of AI-generated content, technology licensing
• Advertising and digital communications law – regulations on programmatic advertising, influencer marketing, behavioral targeting and misinformation
• E-commerce and the digital economy – DSA, DMA, digital platform law, marketplace regulation
• Cyber security and infrastructure protection – NIS2 consulting, incident management, liability for data security breaches

  What sets us apart is our working knowledge of the technology ecosystem and our ability to translate complex regulations into concrete, operational solutions tailored to our Client’s specific business.

Often the complexity and ambiguity of situations in which the company and the persons appointed to its management as part of their business activities may find themselves, require taking appropriate preventive legal actions, and as a last resort, the necessary remedial actions. The Law Firm Marszałek & Partners – Attorneys, meeting the expectations of its Clients and making it a priority to counteract threats that may arise towards the Clients of our Firm, who are participants of business transactions, offers comprehensive services in the field of economic criminal law – the so-called White collar crimes. The activities of the Law Firm’s lawyers in the area of economic criminal law focus primarily on the provision of legal services aimed at preventing all types of fraud, identifying and minimizing the risk of criminal proceedings and repelling possible criminal charges against the Law Firm’s Clients. The firm offers representation of Clients as attorneys/defenders in all types and stages of prosecution and court proceedings. In addition, the team of the Law Firm offers comprehensive legal assistance services, including on: counteracting economic fraud and protection against threats to entrepreneurs, which may have their source both outside and inside the company’s structures; conducting internal investigations – economic investigations (Fraud and forensic investigations); legal advice on risk management related to real and potential threats to the detriment of the enterprise. In order to provide services to the full extent and at the highest level, as needed, the Law Firm cooperates, among others with detective offices, appraisers and experts of various specialties.

Civil

The priority of the Law Firm Marszałek i Partnerzy-Adwokaci in cooperation with clients is the effectiveness of actions taken and the achievement of maximum beneficial effects, while minimizing any possible expenses on the part of the client. By implementing the above idea, our lawyers, during the initial analysis of the ordered case, look for optimal solutions, without excluding negotiations, mediation and any other methods of amicable settlement of the dispute. In the event that an amicable settlement of the dispute at the pre-litigation stage is impossible or unfavorable from the point of view of the client, then we undertake the litigation. One
The domain of Kancelaria Marszałek & Partnerzy – Adwokaci, resulting from thousands of civil cases conducted so far before the court, is procedural law, including the provision of representation services to our clients in proceedings before common courts at all stages of proceedings, also before the Supreme Court and before authorities enforcement proceedings. We also act in front of Polish clients on behalf of our clients
and international arbitration courts.

Administrative

A qualified team of lawyers from the Marszałek i Partnerzy-Adwokaci Law Firm provides legal assistance at all stages of administrative proceedings, including before public administration authorities, tax authorities, administrative courts, the Supreme Administrative Court, as well as before Local Government Appeal Boards. Our services also include representing clients of the Law Firm before the Office of Competition and Consumer Protection, the Energy Regulatory Office, in restitution matters, matters related to
with the investment process and before enforcement authorities in administration.

Criminal

The lawyers of the Marszałek i Partnerzy-Adwokaci Law Firm provide professional legal assistance in acting as a defense attorney in all types of criminal proceedings and at all stages of these proceedings
including pre-trial and court proceedings. The law firm also offers related services
with representing clients as proxies of the aggrieved parties – auxiliary prosecutors, private prosecutors and in the field of adhesive claims. We conduct criminal cases, with particular emphasis on commercial proceedings and medical malpractice.

Marszałek & Partners – Advocates provides comprehensive legal advice in the fields of competition law, intellectual property, and the protection of innovation. We combine extensive experience in regulatory proceedings and commercial disputes with a thorough understanding of our clients’ business environment, supporting companies at every stage of their operations.

Competition law constitutes one of the core areas of our practice. We advise businesses on compliance with both Polish and European Union competition law, helping Clients identify, assess, and mitigate antitrust risks arising from their commercial activities. We analyse agreements concluded between undertakings to ensure compliance with competition rules, assess the legality of horizontal and vertical cooperation arrangements, and advise on distribution systems, commercial cooperation, information exchanges, and other business practices that may be subject to scrutiny by competition authorities.

Our Team have substantial experience in matters concerning anti-competitive agreements, abuse of dominant position, and cartel investigations. We represent clients in proceedings before the President of the Polish Office of Competition and Consumer Protection (UOKiK), the Polish courts, and, where appropriate, in matters involving the application of European Union competition law. We also assist Clients during dawn raids and inspections conducted by competition authorities and develop antitrust compliance programmes designed to minimise regulatory risk and ensure ongoing compliance.

Intellectual property law represents the second pillar of our practice. We provide comprehensive legal support in the protection, management, and commercialisation of intellectual property rights, covering copyright, industrial property, media law, and the protection of intangible business assets. Our objective is to support Clients maximise the commercial value of their intellectual property while ensuring effective legal protection.

We advise on the protection of trademarks, industrial designs, utility models, patents, know-how, and trade secrets. Working closely with registered Polish patent attorneys, we provide end-to-end legal assistance in obtaining, maintaining, and enforcing intellectual property rights. We represent Clients before the Polish Patent Office and EUiPO and support them in both domestic and international registration proceedings.

A significant part of our practice involves preparing, negotiating, and reviewing agreements relating to intellectual property rights. We draft and negotiate licence agreements, copyright assignment agreements, technology transfer agreements, know-how agreements, and other contracts governing the creation, use, protection, and commercial exploitation of intellectual property assets. We also advise on research and development collaborations and the commercialisation of innovative technologies.

Our lawyers also possess extensive experience in advising on European Union law relating to State aid. We support Clients in projects involving the granting or obtaining of State aid, particularly those concerning research and development, innovation, advanced technologies, and strategic investment projects. We provide comprehensive legal assistance throughout the entire lifecycle of such projects—from structuring and regulatory assessment to implementation and compliance.

Marszałek & Partnerzy – Advocates has for many years provided comprehensive legal services to entities operating within the insurance market. We advise insurance undertakings, insurance brokers, insurance agents, as well as businesses benefiting from insurance protection, offering legal support in both day-to-day operations and the most complex legal and regulatory matters.

Our experience encompasses a broad spectrum of insurance law issues, ranging from drafting and reviewing insurance documentation, assessing insurance liability and interpreting policy terms, to advising on insurance products, risk management, and regulatory compliance. Through many years of cooperation with insurance market participants, we have gained an in-depth understanding of the industry’s operational framework, claims handling processes, and the legal relationships between insurers, policyholders, insured parties, and claimants.

This extensive sector-specific experience has naturally evolved into a highly specialised litigation and dispute resolution practice in insurance and compensation matters. We represent insurance companies, businesses, and private individuals in disputes concerning insurance coverage, policy interpretation, insurance liability, the amount of benefits payable, and the pursuit or defence of compensation claims.

We handle cases involving both property damage and personal injury, with particular expertise in motor, residential, construction, and commercial losses. A significant part of our practice also focuses on disputes arising from commercial liability insurance, property insurance, financial lines insurance, and Directors’ and Officers’ (D&O) liability insurance, including matters relating to the liability of board members and senior executives.

Each matter is preceded by a thorough analysis of the factual background, supporting documentation, and the legal basis of the claims asserted or challenged. We represent our Clients at every stage of the dispute resolution process—from claims handling, negotiations, and pre-litigation proceedings to mediation, arbitration, and court proceedings before all levels of the judiciary. Our objective is to deliver practical, commercially sound, and legally effective solutions that safeguard our Clients’ interests while taking into account both the legal and business aspects of every dispute.

Developers

Law firm Marszałek & Partners – Attorneys provides legal services to real estate development companies, providing support in every aspect of their operations. A qualified team of lawyers undertakes activities both in the investment process, including drafting and negotiating contracts with contractors, as well as providing legal advice on the day-to-day operations of companies. The domain of our Firm is also the representation of development companies in court proceedings, in which, due to their specific nature, it is particularly important to know the technical aspects of the construction business.

Investment process

Based on the acquired knowledge and experience, our Firm offers legal assistance throughout the investment process. Construction investments require a number of activities, both in the field of administrative and civil law, and at the same time are subject to strict deadlines. The mechanisms developed over the years enable the Firm to offer its Clients, professional advice at every stage of the planned investment.

Due diligence

Marszałek & Partners – Attorneys offers legal analysis of real estate, business, as well as the assets. The opinion prepared by our specialists is always based on a thorough verification of the documentation and the materials obtained. The examination of the legal status is carried out on the basis of the best knowledge and aimed at eliminating as much as possible the negative effects of the planned transaction. Prior knowledge of the subject of the planned investment and potential risks is also important in the formulation of the contract and allows due protection of the interests of our Clients.

Reprivatization

The law firm Marszałek & Partners – Attorneys provides legal advice on matters related to reprivatization, including in particular those caused by the takeover of Warsaw land, based on the Decree of October 26, 1945 on the ownership and use of land in the area of the capital city of Warsaw (Journal of Laws No. 50, item 279). The provided legal assistance applies to both entities purchasing real estate, which the legislator has applied to the so-called “Bierut Decree”, as well as physical persons who take steps to recover real estate or claim the compensation due.