Contracts and contractual obligations
We have ample experience with preparation and participation in negotiations on commercial and civil-law contracts. During preparation we emphasize perfect knowledge of the client’s intentions and the subject of the contract under preparation as well as cooperation with the client and, if applicable, other experts from other sectors (tax consultants or experts) so we could capture and eliminate risks arising for the client out of the specific operation. We understand that contract preparation is not just an issue of law and that tax aspects are also important for the client.
We can evaluate client’s claims with respect to people who caused harm to them or enriched themselves to the client’s detriment.
Our services include preparation of contracts, expert opinions and legal analyses as well as other legal documents and provision of consultancy as needed by our clients.
- preparation, assessment and negotiation of all types of contracts – type contracts (specified as contract types in legislation, including sales contracts, rental contracts, etc.) or atypical contracts (leasing contract, franchise contract, etc.)
- claims arising from breaches of contracts and legal obligations
- claims arising from damage liability
- unjust enrichment
Real estates and building law
Real estate and building law includes a number of areas and requires knowledge of the characteristics of this environment.
We participate in many building projects, providing complex services to property development companies – from the purchase of land to assist in the territorial and building proceedings, to construction and sale of final buildings. It cooperates with many entities in this field.
Office members have experience in providing services in territorial, building and occupancy proceedings.
- consultancy on the purchase or sale of land, buildings and sets of real estates
- consultancy on acquisitions of investment property and property development projects
- complex due diligence of real estate projects
- preparation and negotiation of rental contracts
- preparation and negotiation of contracts with contractors and architects
- representation in territorial and building proceedings, including negotiations with other public authorities
- representation in administrative and court proceedings
Law for commercial companies and other corporate agenda, compliance programmes
Every establishment of a corporation is preceded by a thorough discussion of the client’s intentions and the set-up of internal conditions among the parties. As far as corporate issues, relationships among members and shareholders, and intra-group issues are concerned, our clients always appreciate our ability to provide reliable and specific advice, help find practical solutions and explain complex legal issues in clear words, without extensive academic analyses.
- establishment of companies, corporate changes and handling of their legal arrangements
- corporate transformations, mergers and divisions
- representation in obtaining trade licenses and concessions
- general meetings
- contracts with members of bodies
- decrease and increase of registered capital
- additional payments in addition to the registered capital, capitalization of receivables
- agreements between members and shareholding agreements
- compliance programmes
- corporate group law
- reports on relationships between affiliated persons
- liquidation of the company
Labour law requires very detailed knowledge of legal arrangements as well as experience with negotiating with employees. Our lawyers have many years of experience representing employers, from small and medium-sized up to employers with hundreds of employees. We also represent and provide legal services to employees. As a representative of one of the biggest trade unions in the Czech Republic, we have extensive experience with the preparation of collective agreements and with collective bargaining.
- employment contracts, other labour-law documents, working rules and internal guidelines
- remuneration, severance pay, benefits and bonuses
- termination of employment
- equal treatment, anti-discrimination measures
- personal data protection in labour-law relationships, employee monitoring
- labour-law aspects of employer relocation, transfer of employees
- treatment of the position of statutory bodies, contracts of a performance of statutory bodies
- responsibility of employees and employers
- OHS, occupational accidents and diseases
- temporary agency work
- representation in labour-law disputes
- collective bargaining, collective disputes
- trainings and seminars in labour law
Insolvency is part of the business risk. With almost every major transaction the entrepreneur has to consider the risk of insolvency of their business partner and manage this risk. However, this does not only concern the threat of default on payment or obligation – it is also necessary to think about risks arising from the possibility of whole contracts being questioned, the possibility of opposition against or ineffectiveness of legal arrangements which the insolvency administrator may object to or exercise.
In case of your business partner’s insolvency it is possible to take appropriate steps to have the maximum possible chance of having your claims satisfied or, in case of your own insolvency, of protecting your management or cooperative owners.
Drawing on our previous experience, we know how insolvency administrators think. We file claims and initiate steps of the insolvency administrator to support our claims and satisfy our client’s claims.
- filing claims in insolvency proceedings
- monitoring of insolvency proceedings
- representation in insolvency proceedings
- representation in incident disputes
Intellectual and industrial property
The issues of copyright, trade marks and patents require a high degree of specialization and detailed knowledge not only of the law but also of all related issues. We provide support in negotiating licenses. Our many years of experience allow us to defect our clients’ interests against third parties successfully.
- handling of relationships between entities in the development, implementation and licensing of intellectual and industrial property rights
- registration of trade marks, utility models and patents
- application and protection of intellectual property, including relationships related to trade marks
- protection of know-how, trade secret and key data
The importance of agriculture is growing continuously. It is closely associated with the issues of public support as well as those of land, including restitutions and land arrangements. This is a very specific area and our many years of experience allow us to understand issues faced by our clients in this sector.
- leasehold agreements
- settlement with beneficiaries
- buildings on the land of other owners
Criminal liability of legal persons
Criminal liability does not concern only individuals anymore. The Act on the Criminal Liability of Legal Entities was amended in 2016. This amendment principally enlarged the number of criminal offences that can be committed by a legal person through individuals whose behaviour is attributable to the specific legal person. Compared with the former arrangement of exhaustively defined conduct (about 80 crimes), a legal person today can be found responsible for almost all criminal offences listed in the Criminal Code (excluding, for example, offences against the country, military offences and some acts against life and health, etc.). Criminal liability of legal persons can be precluded by introducing compliance programmes.
- preparation of compliance programmes, risk analysis and codes of conduct
- public support programmes
Our lawyers have experience with the provision of legal services in the non-profit sector, in particular as regards associations, public welfare societies and trade unions. In this field, we provide legal services for internal arrangements, concerning the functioning of individual entities, their internal structure and organization (including the preparation and modifications of founding documents), as well as external relationships of such entities to third parties.
- founding contracts
- public support programmes