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Eversheds Sutherland launches globally on 1 February 2017

Eversheds Sutherland, created by the combination of leading law firms, Eversheds, headquartered in the U.K., and Sutherland Asbill & Brennan LLP, based in the U.S., launches globally today under the name Eversheds Sutherland.With more than 2,300 lawyers in 61 offices across 29 countries, Eversheds Sutherland ranks in the top 10 in UK listings and top 40 in U.S. global listings.

The two firms announced on 16th December 2016 that their respective partners had voted overwhelmingly to combine. Since then, both firms have been working closely to advance the shared goal of providing clients with quality, innovation and consistency in legal services delivery around the globe. Today, the combination is effective.
 
Eversheds Chief Executive, Bryan Hughes, commented:
“Establishing a truly global platform for our clients, including a strong presence in the U.S., has long been our number one strategic priority. I am delighted that, with the creation of Eversheds Sutherland, that vision finally becomes a reality. Sutherland shares completely our approach to the creation of meaningful long term relationships with clients to deliver the very highest levels of service. We are very much looking forward to working together, collaborating as equal partners to create a new and powerful offering in the legal sector.”
 
Sutherland Managing Partner, Mark Wasserman, commented:
“We are grateful for the overwhelmingly positive response we have received from our clients, partners and staff about the bright future ahead for Eversheds Sutherland. This new relationship, strengthens our core competencies and provides us the opportunity to expand our client services globally. Working together with our new colleagues worldwide, we are committed to delivering the benefits of this broadened international platform to our clients.”
 
Eversheds Managing Partner and CEO-Elect, Lee Ranson, commented:
“Since the partner vote, things have moved on apace which says a lot about the collaborative relationship that already exists between us. Our joint focus is clear – it’s all about client service both for existing arrangements and in enhancing our offering for those who could benefit. The reaction internally and externally so far could not have been better with the opportunities and work presented to us already sending us a clear message that our global platform and approach to quality, innovation and client service is highly compelling.”
 
Krzysztof Wierzbowski, Managing Partner of Wierzbowski Eversheds Sutherland, commented:
"Eversheds has an established reputation when it comes to international client service, and our strategic ambition is to provide the highest quality of services for those in need of legal counselling throughout the world. Joining forces with Sutherland provides clients of the combined firm just such a global platform. The combination of the two firms also generates many new opportunities and possibilities for the Polish office. It enables expansion of the client base and strengthens a number of important practice areas which Sutherland also specialises in. As a result of the Eversheds and Sutherland combination, the Polish office is able to respond even better to the needs of our clients planning to enter the US market or conduct transactions there, or engaged in disputes with companies in the United States. The creation of the new firm is exciting news for our existing US clients, who represent a significant part of our portfolio".

Eversheds Sutherland will be led by joint CEOs as part of a six-strong global management team. Eversheds Sutherland (International) LLP Managing Partner and CEO-Elect, Lee Ranson, and Eversheds Sutherland (US) LLP Managing Partner, Mark Wasserman, have been appointed as joint CEOs. 
 
The other members of the global management team are: Keith Froud and Ian Gray from Eversheds Sutherland (International) LLP and Victor Haley and Thomas Gick, until April 2017, to be followed by Cynthia Krus, from Eversheds Sutherland (US) LLP. 
 
Eversheds Sutherland Ltd is overseen by a global Board of ten with equal representation from both firms.  From Eversheds Sutherland (International) LLP: Keith Froud, Lee Ranson, Paul Smith, plus two rotating members from their international board and Regional Managing Partner team. From Eversheds Sutherland (US) LLP: Ben Clark, Thomas Gick until April, Cynthia Krus from April, Robert Pile, Eric Tresh, Mark Wasserman.
 
There are no significant internal structural changes anticipated within either firm and respective practice group heads are working together to co-lead client initiatives.


Eversheds combines with Sutherland | Wierzbowski Eversheds Sutherland emerges with new name and visual identity

Eversheds combines with Sutherland | Wierzbowski Eversheds Sutherland emerges with new name and visual identity.

We are pleased to announce that on 1 February 2017 the newly created firm Eversheds Sutherland was launched on the international legal services market. The global law firm arising from the combination of Eversheds and the American law firm Sutherland Asbill & Brennan has 61 offices in 29 countries and a total of more than 2,300 lawyers. As a result of the combination, our law firm is changing its name to Wierzbowski Eversheds Sutherland Sp. k. 

Combining the strengths of Eversheds and Sutherland is a huge step in the process of building a firm with global reach, and another milestone in the development of our Polish firm. From now on we will be able to better respond to the needs of our existing US clients and clients who intend to enter the US market, plan to conduct transactions there, or are engaged in disputes with companies in the US. The combination with Sutherland also allows us to strengthen a number of practices that are important to us and which Sutherland has also specialised in, such as energy, corporate law, taxation, financial services including insurance, intellectual property, litigation and real estate.

The American law firm Sutherland Asbill & Brennan was founded in 1924. Prior to the combination with Eversheds it had six offices in the US and two in Europe. The firm works for the biggest global companies and its client portfolio includes more than half of the US Fortune 100 companies.  

The legal identity of Wierzbowski Eversheds Sutherland remains unchanged, and thus the new name does not mean that you need to amend agreements or the like. The registration data, such as the VAT number and the postal address, remain unchanged. If it is necessary to supplement the paperwork in our cooperation going forward, we will let you know.

Our website address has changed to eversheds-sutherland.pl. Our new e-mail addresses follow the pattern This email address is being protected from spambots. You need JavaScript enabled to view it. . However, if you send us an e-mail to an earlier address, the message will still reach us. 

We invite you to follow us on LinkedIn, where the new profile Wierzbowski Eversheds Sutherland has just appeared, and on Twitter and Facebook. You will find interesting articles, legal alerts and invitations to events organized by us in each of these channels.

 


PwC conference on Employee Equity Plans on 1st February, 2017

PwC organizes a conference on Employee Equity Plans on 1st February, 2017. Zapraszamy do udziału w konferencji „Pracownicze programy akcyjne - szansa dla firm, szansa dla Polski”.

Podczas spotkania odpowiemy na pytanie, czy programy te mają szansę stać się popularne w Polsce, przeanalizujemy, jakie warunki są niezbędne, aby mogły się rozwinąć, a przede wszystkim podpowiemy, jak w praktyce wdrażać je w spółkach. 

Temat jest warty uwagi, gdyż istniejące badania wskazują, że spółki posiadające pracownicze programy akcyjne (PPA) z istotnym udziałem pracowników w akcjonariacie osiągają o 1-2 proc. wyższą dynamikę wzrostu przychodów. W firmach, w których od lat funkcjonują PPA, wzrasta też retencja, motywacja i wydajność pracowników. W rezultacie wiele podmiotów z PPA osiąga przeszło 20% większe zyski niż podmioty analogiczne o innej strukturze własnościowej.

Dodam także, iż gościem specjalnym konferencji będzie Pan Minister Mariusz Haładyj, Podsekretarz Stanu w Ministerstwie Rozwoju, którego wystąpienie będzie dotyczyło społecznej i gospodarczej roli pracowniczych programów akcyjnych.

Konferencja jest bezpłatna i odbędzie się 1 lutego 2017 r.

Szczegóły znajdują się w załączonym zaproszeniu oraz na stronie wydarzenia.

 

 

 

 


Dentons advises Enlight Renewable Energy of a wind farm in Croatia

Dentons advised Enlight Renewable Energy on the construction and multijurisdictional financing of a 49 MW wind farm near the Adriatic port of Split in Croatia. 

Counsel Agnieszka Kulińska, supervised by Arkadiusz Krasnodębski, Poland Managing Partner and Head of the Warsaw and European Energy and Natural Resources practice, provided comprehensive legal advisory concerning the preparation of construction and maintenance contracts for the wind farm, including the balance of plant agreement, operations and maintenance agreement for the substation, turbine supply agreement and full services agreement. She also represented the client in negotiations at each phase of the project. The Warsaw-based team led this project as foreign experts, coordinating the work of local advisors in Croatia. 

„The Warsaw Energy and Natural Resources team has for years been highly regarded by Polish and international clients and business partners. We are pleased that Enlight Renewable Energy has entrusted us with legal advice on this complex and multi-aspect project in which we were able to utilize our long-established and broad experience in the scope of renewable energy,” commented Agnieszka Kulińska, Counsel in the Warsaw Energy and Natural Resources team.

The financing of the transaction involved the laws of Croatia, England, USA, Israel and Germany and encompassed advice in the scope of general management of legal aspects of the transaction, negotiations of the finance documents, including approx. EUR 29 million and HRK 155 million facilities agreement, coordination of the multijurisdictional legal advice provided to Enlight Renewable Energy as well as assistance with fulfilment of the conditions precedent to the first utilization of the facilities.

The financing transaction was led by Mateusz Toczyski, Partner and Head of the Polish and European Banking and Finance Practice, and Counsel Agnieszka Lipska with support from Associates Krzysztof Mrozik and Łukasz Błaszczak, as well as lawyers from other relevant jurisdictions.

"This is a milestone transaction for us, showcasing the Dentons Warsaw banking practice as an internationally recognized adviser in multijurisdictional transactions, coping smoothly with various issues in different legal systems," commented Agnieszka Lipska, Counsel in the Warsaw Banking and Finance team.  "Our people are regarded as professional advisers delivering seamless cross-border advice," added Partner Mateusz Toczyski.  

Enlight Renewable Energy is a Tel Aviv Stock Exchange listed company specializing in the initiation, development, financing, construction, management and operation of renewable energy projects. Operating on a local and global scale, the company has successfully executed over 150 wind and solar projects in Israel and Europe and procured project financing for projects encompassing over US $500 million granted by leading banks and financial institutions in Israel and worldwide. The company is currently operating, constructing and developing over 1GW of projects.

 

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About Dentons

Dentons is the world's largest law firm, delivering quality and value to clients around the globe. Dentons is a leader on the Acritas Global Elite Brand Index, a BTI Client Service 30 Award winner and recognized by prominent business and legal publications for its innovations in client service, including founding Nextlaw Labs and the Nextlaw Global Referral Network. Dentons' polycentric approach and world-class talent challenge the status quo to advance client interests in the communities in which we live and work.  www.dentons.com


CMS provides legal advice in yet another family business transaction

CMS has advised the shareholders of Polska Dystrybucja Alkoholi on the sale of 100% of the company’s shares to Eurocash Group. The share purchase agreement was concluded on 30 December 2016, following the fulfilment of the President of the Consumer and Competition Protection Office’s condition that a warehouse for alcoholic beverages in Pabianice, owned by Polska Dystrybucja Alkoholi, be excluded from the planned transaction.

In the last three months CMS’s corporate team also supported the family business Allcom as well as the founders of a chain of restaurants operating under the brand name Thai Wok in the sale process. 

“After years of dynamic growth many Polish companies and family businesses are looking for new sources of financing to further their development, obtain new know-how or create structures that provide support for international operations. At the same time, they are large businesses with good prospects that represent attractive assets for private equity funds or industry investors. There will be more and more of these kinds of transactions on our market, also in connection with the generational change we observe within Polish enterprises. Just in the last quarter of 2016 we supported three Polish businesses with established market positions in relation to ownership changes. A smooth transfer of power in an enterprise requires a lot of preparation. It is crucial to work out, within this process, one’s own business and legal solutions, not only to allow the further development of the company, but also to help maintain the current system of values as well as the manner of doing business,” emphasises Marek Sawicki, partner responsible for transactions at CMS.

Polska Dystrybucja Alkoholi – since November known as Jantoń Dystrybucja – was established in 2002 and distributes alcoholic beverages. Eurocash is the largest Polish group dedicated to the wholesale distribution of food products, household chemicals, alcohol and tobacco products (FMCG). The company has been listed on the Warsaw Stock Exchange since 2005. As announced by Eurocash Group, the acquisition of PDA “is yet another element of the Group's acquisition policy” and “enables the further development of Eurocash Group in the segment of alcohol distribution as well as a potential revenue growth”. 

The transaction was conducted by CMS’s Marek Sawicki, partner and co-head of Corporate/M&A Department.


Nowy prawnik w CMS z angielskimi uprawnieniami solicitor

CMS has gained yet another lawyer qualified to provide English law services. On 16 January Anna Wawrzyńczak-Palynyczak LL.M., legal counsel and senior associate in the Banking and International Finance Department, became a qualified English law solicitor. Thus, Anna Wawrzyńczak has joined a very narrow group of Polish lawyers who are qualified to offer advice under English law.

Anna has extensive experience in dealing with cross-border and local financial transactions, including financing company acquisitions using senior debt in the form of credit facilities, or through bond issues and mezzanine financing. She has provided advice in relation to projects such as CVC’s acquisition of PKP Energetyka and Bridgepoint’s acquisition of the Smyk chain.

“In recent years there have been more and more transactions involving Polish companies being carried out under English law. It is a legal system that is most commonly used for large transactions, due to the involvement of foreign investors. In the case of financing acquisitions of Polish companies, the choice of English law definitely makes it easier to obtain financing from foreign financing entities,” says Anna Wawrzyńczak­-Palynyczak.

As a lawyer qualified to provide services under English law, Anna Wawrzyńczak-Palynyczak intends to further develop her practice related to the financing of M&A transactions and other types of financing, providing clients with the added benefit of Polish language advice and knowledge of both legal systems, which may significantly streamline the process.


Changes in Labour Code from 1 January 2017

Legal Alert. Changes in Labour Code from 1 January 2017. The Act of 16 December 2016 amending certain acts to improve the legal environment of entrepreneurs (Journal of Laws of 2016 item 2255), introducing a number of changes in Polish employment law, entered into force on 1 January 2017.

Longer period to appeal termination

The act unifies and extends the periods for appeal from a statement of termination of employment and for appeal from a notice refusing to admit the employee to work. These periods were previously 7 days in the case of a termination upon prior notice and 14 days in the case of termination without prior notice.

Following the amendment, the period for appeal is 21 days, counted respectively from date of delivery of the statement giving advance notice of termination of the employment contract, the statement of termination without prior notice, or the statement on refusal to admit the employee to work.

The interim provisions may be relevant in the case of notices of termination with or without prior notice delivered near the end of 2016. If the shorter appeal period previously in force was still running on 1 January 2017, the appeal period is extended to 21 days.

Workplace regulations and remuneration regulations mandatory for employers of at least 50 employees

From 1 January 2017 the obligation to adopt workplace regulations and remuneration regulations applies to employers with at least 50 employees, if the employees are not covered by collective labour agreements in this respect.

Previously, this requirement applied to employers employing at least 20 people. Following the amendment, an employer with at least 20 employees, but fewer than 50, may introduce such regulations, and is required to do so if requested by an enterprise trade union organization.

Analogous rules apply to the obligation to establish a company social benefit fund. Employers employing at least 50 employees (calculated as the equivalent of 50 full-time positions) as of 1 January of a given year are required to establish a company social benefit fund. Employers of the equivalent of at least 20 full-time positions, but fewer than 50, must establish a social benefit fund if requested by an enterprise trade union organization.

Issuance of work certificates

From 1 January 2017 an employer will no longer be required to issue a work certificate to an employee if it intends to establish another employment relationship with the employee within 7 days after termination or expiration of the previous employment relationship. The obligation to issue work certificates for completed periods of employment for a probationary period or employment for a definite period with the given employer, after 24 months of employment, has also been eliminated. However, the interim regulations require employers to issue work certificates to employees employed on 1 January 2017 on the basis of a successive employment contract for a probationary period or a definite period with the same employer, for periods of employment completed prior to 1 January 2017 for which no work certificate has been issued. The deadline for issuing these certificates is 30 June 2017.

From 1 January 2017 a new form for work certificates is in force, introduced by the Regulation of the Minister of Family, Labour and Social Policy on Work Certificates of 30 December 2016 (Journal of Laws of 2016 item 2292).

Agreements on joint financial liability

Under the amending act, agreements on an employee’s joint financial liability for property of the employer entrusted to the employee will now have to be in writing in order to be valid. This change does not affect agreements entered into before 1 January 2017. Such agreements will remain valid even if they were not made in written form. 

Contact

Ewa Łachowska-Brol

Partner

T: +48 22 50 50 797 ewa.lachowska-brol @eversheds.pl 

Kinga Jezierska 

Lawyer

T: +48 22 50 50 741 This email address is being protected from spambots. You need JavaScript enabled to view it.  

 


Evan Lazar re-elected as Chairman of the Board of Dentons Europe

Evan Lazar re-elected as Chairman of the Board of Dentons Europe 

Evan Z. Lazar has been re-elected as Chairman of the Board of Dentons Europe for a second term of office from January 1, 2017 to December 31, 2019.

“I feel very privileged to be able to serve my partners as Chairman for another term,” said Lazar.  "Over the last three years, we have established a solid foundation - outstanding legal talent, a strong presence in Europe’s most important markets, and unparalleled global reach. We will build on this momentum to make Dentons one of Europe’s top law firms.”

Elliott Portnoy, Dentons Global CEO, commented, “During Evan’s first term, Dentons has seen exceptional growth in our offerings to clients throughout Europe. Not only have we enhanced our practice and sector capabilities across the continent, but we have also strengthened our presence in key markets in Italy, Germany, Luxembourg and CEE.”

In addition to his role as Chairman of the Board of Dentons Europe, Lazar is also a member of Dentons’ Global Board, serving as a Global Vice Chair of the Firm. He is also Co-Chairman of Dentons’ Global Real Estate Group, where he is widely recognized as one of the leading real estate investment and property finance lawyers in Europe. His extensive experience in cross-border property and finance transactions has placed him at the forefront of many of the region's most important real estate and finance deals. 

Dentons Global Chairman Joe Andrew said, “In addition to being a driving force on both the Europe and Global Board of Dentons, Evan is also passionate about serving our clients.  Under his leadership, Dentons’ Global Real Estate group has continued to grow its reputation as one of the world’s best.”  

“Evan was part of the original team that came together to create Dentons and he is 100 percent committed to its success,” said Tomasz Dabrowski. “He has been a key driver of our growth here in Europe and has also contributed to advancing Dentons’ strategy around the world.”

Before Dentons was founded, Lazar co-chaired legacy firm Salans’ Global Real Estate Group.  Prior to that, he founded the Central European Real Estate practice at Weil, Gotshal & Manges and was later Co-Chairman of their European Property and Finance group. Before moving to Europe in 1993, Evan was a real estate lawyer at Wolf, Block, Schorr & Solis-Cohen in Philadelphia.

 

For additional information please contact:

Amanda Lowe, PR and Communications Manager, Europe

+420 236 082 249

This email address is being protected from spambots. You need JavaScript enabled to view it.

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Changes in the Employment Law

Changes in the Employment Law. On January 1, 2017 an amendment to the Act on minimum pay for work (the “Act”) will come into force. The changes will affect rules for hiring workers on contracts of mandate (Polish: umowa zlecenie) and service contracts (Polish: umowa o świadczenie usług), including the self employed (B2B).

 

 

More information


Dentons launches in Australia

Dentons launches in Australia

Solidifies position as the Pacific Rim’s leading law firm.

Dentons, the world’s largest law firm, today formalized its combination with offices of the nearly century-old Australian law firm Gadens, solidifying its position as the Pacific Rim's leading law firm.

Dentons now serves 84 markets in Pacific Rim countries, more than any other law firm. Clients in Australia and around the world now benefit from the local experience of 7,600 Dentons lawyers serving 57 countries on six continents.

“The launch of Dentons in Australia and Papua New Guinea is another step in our drive to connect clients around the world to lawyers who know the communities, the culture and the business and legal environment of the markets in which clients need a matter addressed or a dispute resolved,” said Joe Andrew, Dentons Global Chairman.

 “Our clients, particularly those in China, Singapore, Hong Kong and South Korea, responded enthusiastically to the announcement of our combination,” said Elliott Portnoy, Dentons Global CEO. “Adding market-leading experience in Australia’s banking and finance, real estate, infrastructure, energy and natural resources sectors to our global teams significantly enhances our offerings to clients in the Pacific Rim.”

Dentons Australia Region CEO Steve Healy, said: “Both international and domestic clients will benefit from being advised by the largest global elite law firm in the world. We have enjoyed an exceptional track record in Australia for almost 90 years and in Papua New Guinea for over 45 years and this combination will allow us to offer our clients connections to international markets with business expertise and legal experience across every practice and sector globally.”

In keeping with its polycentric nature, which emphasizes market-specific sensitivities in determining how to best serve clients, Dentons has adopted multiple operational models with the various members of the Gadens joint venture.

Dentons will have offices in Sydney and Perth in Australia and Port Moresby in Papua New Guinea. The firm will also be able to meet client needs in Brisbane and Adelaide.

 

 

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About Dentons

Dentons is the world's largest law firm, delivering quality and value to clients around the globe. Dentons is a leader on the Acritas Global Elite Brand Index, a BTI Client Service 30 Award winner and recognized by prominent business and legal publications for its innovations in client service, including founding Nextlaw Labs and the Nextlaw Global Referral Network. Dentons' polycentric approach and world-class talent challenge the status quo to advance client interests in the communities in which we live and work.  www.dentons.com


Dentons Business Services EMEA opens in Warsaw

Dentons Business Services EMEA opens in Warsaw.

Dentons Business Services EMEA (DBSE) is a joint initiative between the UK, Middle East and Africa (UKMEA) and Europe regions of the Firm. It leverages both regions' combined scale and resources more effectively by co-locating in one center certain tasks that are currently performed across numerous offices, enabling the Firm to deliver better service and increased value to clients.

"The launch of DBSE marks the beginning of our global shared services strategy - a key integration initiative that aims to improve the quality of business services provided to lawyers across the Firm", said Dentons Global Chairman Joe Andrew. "Dentons now has a presence in 58 countries, and while our polycentric culture means that we respect the legal traditions and cultures in all of these markets, it is also important for us to focus on delivering a seamless one-firm experience to the increasing number of clients who instruct us across multiple offices and regions."

"Following our unprecedented growth trajectory over the past few years we now have more lawyers with greater experience in more locations than any other firm," said Dentons Global CEO Elliott Portnoy. "By already attracting business services professionals from leading law firms, professional services organisations and multinationals DBSE represents a major step forward toward achieving our goal of offering clients the highest quality of legal work better, faster and more economically than any of our competitors".

Tomasz Dabrowski, CEO of Dentons Europe added, “As Dentons continues to grow across Europe, DBSE will allow us to build up a high quality, fit-for-purpose business services function to support the increasingly sophisticated needs of our business and our clients.”

Led by Director Piotr Macieja, DBSE is based at the Atrium Centrum building, within walking distance of Dentons' Warsaw office. It currently employs more than 70 people working across the areas of finance, business development and marketing, human resources and IT, with plans to grow further over the next two years. 

“Even in an extremely competitive labor market, we have been fortunate in attracting top caliber talent to our team, and this is largely thanks to Dentons’ reputation as the undisputed leader in the Polish legal sector.” said Piotr Macieja, DBSE Director. 

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About Dentons

Dentons is the world's largest law firm, delivering quality and value to clients around the globe. Dentons is a leader on the Acritas Global Elite Brand Index, a BTI Client Service 30 Award winner and recognized by prominent business and legal publications for its innovations in client service, including founding Nextlaw Labs and the Nextlaw Global Referral Network. Dentons' polycentric approach and world-class talent challenge the status quo to advance client interests in the communities in which we live and work.  www.dentons.com

 

Contact

Amanda Lowe

PR and Communications Manager, Europe

+420 236 082 249

This email address is being protected from spambots. You need JavaScript enabled to view it.

 


Dentons to be first global law firm with offices in Central America

Dentons to be first global law firm with offices in Central America

Proposed combination with Muñoz Global would unite world’s largest law firm and regional leader with offices in Costa Rica, Panama and Nicaragua

Dentons, the world’s largest law firm, today announced it would become the first global law firm with offices in Central America if a proposed combination with Costa Rica-based Muñoz Global is approved by partners of both firms later this year.

Muñoz Global is a newly established law firm, comprised of the former Costa Rican offices of the Arias & Muñoz law firm and new offices in Panama and Nicaragua. Muñoz Global founders José Antonio Muñoz and Pedro Muñoz also founded Muñoz & Muñoz, which combined with El Salvador’s FA Arias in 1998 to form Arias & Muñoz, the first Pan-Central American law firm. 

José Antonio Muñoz, Pedro Muñoz and Armando Arias, founder of FA Arias, today announced the Muñoz brothers’ separation from the Arias firm on amicable terms. The Panama and Nicaragua offices will be headed by Gisela Porras and Bernard Pallais, respectively. 

The proposed combination follows the launch of Dentons López Velarde in Mexico and Dentons Cárdenas & Cárdenas in Colombia earlier this year. It marks the next step in Dentons’ strategy to grow its presence in Latin America and the Caribbean.

“As the first global law firm with offices in Central America, we will be uniquely positioned to serve our clients who have growing needs in this region,” said Joe Andrew, Global Chairman of Dentons. “Our goal is to connect those clients to top-tier talent by combining with firms whose lawyers are highly regarded and deeply rooted in the local economy and legal culture. The lawyers of Muñoz Global offer all that and more.”

“Since our launch in Mexico and Colombia earlier this year, cross-border work into and out of the region has grown rapidly, demonstrating that clients see a great advantage to being served by a global firm that can offer the best locally informed legal counsel and business advice anywhere they operate,” said Elliott Portnoy, Global Chief Executive Officer of Dentons. “Given the interconnectedness of the economies of Costa Rica, Panama and Nicaragua, we see real opportunities to serve clients further through more intra-region work as well.”

“For more than 21 years our lawyers have focused on international standard legal and business solutions for the Central America market. With the announced intent to combine with Dentons, we will now help our clients around the world while continuing to provide our services and counsel in Central America and Panama,” said José Antonio Muñoz, Founding Partner of Muñoz Global.

“In 1995, Pedro Muñoz and I began our long-term project to make legal services in our region international when we started operations in Nicaragua,” said José Antonio Muñoz. “After an incredible 18-year run in Central America we now go global with help and great support from Dentons.”

The combination of Dentons and Muñoz Global would allow both firms to enhance their capabilities in key business sectors and practices including:

  • Banking  and finance: Muñoz Global and Dentons have significant banking and finance practices, with both firms jointly serving some of the world’s largest banks. In addition, each firm serves leading local and regional financial institutions in their respective regions.
  • Corporate: Reflecting the strong ties to local economic drivers in the communities they serve, both firms have built substantial corporate practices, providing counsel on mergers and acquisitions, joint ventures, private equity and foreign direct investment. Muñoz Global boasts one of Central America’s elite transactional practices, ranked Band 1 by the legal guide Chambers in Corporate/M&Aand focused on banking and finance, real estate, life sciences and manufacturing. 
  • Dispute resolution: The proposed combination would, for the first time, unite a global firm with a significant presence in the world’s leading arbitration centers, such as London and Singapore, with the Central American leader in dispute resolution. Chambers recently awarded Muñoz Global’s Dispute Resolution practice a Band 1 ranking. 
  • Life sciences: Dentons and Muñoz Global share numerous clients in the pharmaceutical, medical equipment and health services sectors. The combination would bring the advantages of one-firm service to these clients across all the locations served by the new firm.
  • Real estate: Clients of both firms will benefit from the synergies of combining one of Central America’s most widely recognized real estate practices and recipient of a Band 1 ranking from Chambers, with the experience and skill of the largest real estate practice group in the world at Dentons.
  • Tourism and hospitality: If approved, the combination will bring together Dentons’ world-class Hotels and Leisure practice with one of Central America’s leading tourism and hospitality groups to serve one of the region’s most important business sectors.
  • Transportation and logistics: Both firms offer public and private sector clients deep experience in all aspects of transportation, transportation finance and logistics. Muñoz Global’s longtime involvement in government-sponsored transportation and infrastructure projects will bring an added dimension to the work that Dentons performs on behalf of leading engineering, logistics and transportation clients around the world. Muñoz Global’s Projects practice is ranked Band 1 by Chambers

 

Both firms will seek approval for the proposed combination from their partners before the end of 2016.

For more information and details regarding the combination, visit www.dentonscombination.com.

 

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About Dentons

Dentons is the world's largest law firm, delivering quality and value to clients around the globe. Dentons is a leader on the Acritas Global Elite Brand Index, a BTI Client Service 30 Award winner and recognized by prominent business and legal publications for its innovations in client service, including founding Nextlaw Labs and the Nextlaw Global Referral Network. Dentons' polycentric approach and world-class talent challenge the status quo to advance client interests in the communities in which we live and work.  www.dentons.com

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AboutMuñoz Global

With offices in Costa Rica, Panama and Nicaragua, Muñoz Global offers an outstanding multi-national legal team with global resources to ensure that our clients receive unmatched attention and expertise. Our 75+ person team is comprised of the brightest and best talent in the region, making Muñoz Global an undisputed leader in corporate legal services across multiple industries. We are uniquely 

positioned to leverage our global platform and deliver sophisticated and innovative legal services for the success of our clients. We proudly offer talented and skilled legal professionals from diverse backgrounds and cultures in Central America and the Caribbean, as well as through the Dentons presence in more than 50 countries around the world. www.MunozGlobal.com


Dentons launches new edition of its Global Energy Game Changers series which focusses on Europe

Dentons launches new edition of its Global Energy Game Changers series which focusses on Europe

Dentons’ global Energy team has launched the newest edition of its Global Energy Game Changers series, a compendium of insightful analysis of the most important issues facing the energy industry globally.

The global energy sector is undergoing a dramatic transformation. New technologies and new regulations in nearly every subsector are straining yesterday's business models. Foundational elements throughout the industry, including energy transfer and storage, have seen massive disruption. At the same time, price fluctuations, volatile consumer demand and cyber and physical security concerns continue to add to an unpredictable future. Nevertheless, opportunity abounds.

Download the latest edition of Dentons’ Global Energy Game Changers series. It is focused on key developments in Europe: continent-wide regulatory reform; the regulation of new cross-border power flows; challenges facing the oil and gas industry; infrastructure sharing; disputes under investment treaties; and the prospect of the UK leaving the European Union. Dentons’ Energy lawyers take an in-depth look into the issues shaping the business environment in one of the world's most important energy regions. 

For further information, please contact:

Iryna Batmanova

Business Development and Marketing Manager, Energy, Europe

+48 22 24 25 106

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About Dentons 

Dentons is the world's first polycentric global law firm. A top 20 firm on the Acritas 2015 Global Elite Brand Index, the Firm is committed to challenging the status quo in delivering consistent and uncompromising quality and value in new and inventive ways. Driven to provide clients a competitive edge, and connected to the communities where its clients want to do business, Dentons knows that understanding local cultures is crucial to successfully completing a deal, resolving a dispute or solving a business challenge. Now the world's largest law firm, Dentons' global team builds agile, tailored solutions to meet the local, national and global needs of private and public clients of any size in more than 125 locations serving 50-plus countries. www.dentons.com.


Aleksandra Minkowicz-Flanek Awarded the Nicolaus Copernicus Medal by the Polish Bank Association

Aleksandra Minkowicz-Flanek Awarded the Nicolaus Copernicus  Medal by the Polish Bank Association. 

The Polish Bank Association awarded the Nicolaus Copernicus Medal to Aleksandra Minkowicz-Flanek, Partner in charge of the Employment Law practice at Dentons’ Warsaw office, in recognition of her commitment and contribution to the banking self-regulatory organization. The medal acknowledges individuals for their outstanding contribution to the dynamic growth and security of the Polish banking system. The awards ceremony was held on 5 October 2016 at the Banker’s Club (Klub Bankowca) in Warsaw at the Annual Meeting of HR and Personnel Training Directors.

Aleksandra Minkowicz-Flanek is a recognized legal practitioner specializing in employment and corporate law. She has extensive experience in individual and collective employment law, employment restructuring, group layoffs, banking sector payroll systems and employment aspects of corporate transactions. She is valued by banking clients for her expertise in remuneration programs for bank management. She is also experienced in the interpretation and application of legal regulations incorporating the CRD3 and CRD4 Directives into the Polish legal system.

For many years Aleksandra Minkowicz-Flanek has been placed highly in international legal rankings. Legal directions, such as Chambers Europe, Legal 500 and Best Lawyers recommend her in the field of Employment and Labor Law. In 2015 she was awarded with the ILO Client Choice Award.

The Nicolaus Copernicus Medal is a huge distinction awarded by the Polish Bank Association to persons contributing to the development of the banking sector. We are proud that Aleksandra was honored in this way. This is a mark of appreciation for her expertise and commitment, as well as a confirmation of the excellent reputation she enjoys among our clients and business partners. I am glad that Dentons is able to provide our clients with the services of the most respected and talented lawyers out there,” said Arkadiusz Krasnodębski, Managing Partner of Dentons Poland.

 

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About Dentons

Dentons is the world's largest law firm, delivering quality and value to clients around the globe. Dentons is a leader on the Acritas Global Elite Brand Index, a BTI Client Service 30 Award winner and recognized by prominent business and legal publications for its innovations in client service, including founding Nextlaw Labs and the Nextlaw Global Referral Network. Dentons' polycentric approach and world-class talent challenge the status quo to advance client interests in the communities in which we live and work.  www.dentons.com


White & Case advised Waterland Private Equity Investments

Global law firm White & Case LLP acted as legal adviser for Waterland Private Equity Investments B.V. (“Waterland PE”) in connection with the acquisition of 61.16% of the total number of shares in Kredyt Inkaso S.A. (“Kredyt Inkaso”) from its current shareholders.

In the course of the tender offer announced at the end of July, the company from the Waterland PE group acquired 7,911,380 shares in Kredyt Inkaso and became the biggest investor in this debt collection company. Subscriptions were accepted in the period from 16 to 29 August. In accordance with the announced conditions, the offeror undertook to acquire shares if over 60% of the Kredyt Inkaso shares were subscribed for and when the offeror obtained permits from the appropriate antimonopoly authorities. The conditions of the offer were met before its closing date, which were possible thanks to the pre-notification procedure used by White & Case. This was the first investment of Waterland PE in Poland and the largest investment in this part of Europe.

White & Case was responsible for, among others, conducting a due diligence analysis of Kredyt Inkaso and several of its subsidiaries, including in Romania, Bulgaria, Russia and Luxembourg, preparing the text of the offer and obtaining permissions from antimonopoly authorities in Poland and Russia.

The White & Case team was led by partners Marcin Studniarek, Andrzej Sutkowski and Aneta Hajska. The team was also composed of Jakub Gubański, Grzegorz Jukiel (counsel) and Jacek Polewski, Monika Dużyńska, Klaudia Malczewska, Iwo Małobęcki, Małgorzata Mroczek and Michał Plich (associates) from the Warsaw office and lawyers from the White & Case office in Moscow.

 

 

White & Case

White & Case LLP is a leading global law firm with lawyers in 38 offices in 25 countries. Among the first US-based law firms to establish a truly global presence, we provide counsel and representation in virtually every area of law that affects cross-border business. Our clients value both the breadth of our global network and the depth of our US, English and local law capabilities in each of our regions and rely on us for their complex cross-border transactions, as well as their representation in arbitration and litigation proceedings.

Contact:

Mariusz Mroczek

Senior Business Development Manager

White & Case 

M. Studniarek i Wspólnicy Kancelaria Prawna sp.k.

Tel.: + 48 22 50 50 225

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Travelport appoints Katarzyna Fabianska as Country Manager in Poland Warsaw

Travelport appoints Katarzyna Fabianska as Country Manager in Poland Warsaw

 

Travelport, a leading Travel Commerce Platform has today announced the appointment of Katarzyna Fabianska as the new Country Manager of Travelport in Poland. Katarzyna brings with her a wealth of experience and has already been serving as Travelport’s Eastern European Senior Business Development Manager. 

In her new position, Katarzyna will be responsible for driving adoption of Travelport’s award-winning point-of-sale solution for travel agencies, Travelport Smartpoint, as well as Travelport’s innovative Universal API, that allows online travel agencies to connect to Travelport’s platform and design their own customised user interfaces. Katarzyna will also be promoting other key bespoke product offerings for Travelport’s Eastern European customers. 

Katarzyna’s predecessor, Aleksandra Tomaszewska now takes responsibility of the commercial relationship with Travelport’s significant NDC partner CEE Travel Systems, which is responsible for distributing Travelport’s unrivalled travel content in thirteen Eastern European countries.  

Commenting on her new role, Katarzyna said: “I’m excited to have been given this great professional opportunity. Having worked with the Eastern European team and our customers I am well aware of the challenges faced and the opportunities available to travel businesses in Poland. I’m looking forward to helping our customers take advantage of these opportunities and using Travelport’s innovative technology to help grow their businesses.”

Gavin Teale, Travelport’s Managing Director Eastern Europe commented: “I’m delighted that Katarzyna Fabianska will take on the role of Country Manager in Poland – an important country and hub for our business in Eastern Europe. I’m confident that our customers will benefit from Katarzyna’s experience and energy. I also want to wish Aleksandra Tomaszewska well in her new and important role and thank her for the great work she has done for our Polish business. Aleksandra and Katarzyna will continue to work closely together to ensure a smooth transition for our customers.”

Travelport is a Travel Commerce Platform providing distribution, technology, payment, mobile and other solutions for the global travel and tourism industry.  With a presence in over 180 countries, approximately 3,700 employees and an additional 1,200 employees at IGT Solutions Private Ltd who provide us with application development services, our 2015 net revenue was over $2.2 billion. Travelport is comprised of:

  • A Travel Commerce Platform through which it facilitates travel commerce by connecting the world’s leading travel providers with online and offline travel buyers in a proprietary business-to-business (B2B) travel marketplace.  In addition, Travelport has leveraged its domain expertise in the travel industry to design a pioneering B2B payment solution that addresses the needs of travel intermediaries to efficiently and securely settle travel transactions.

 

  • Technology Services through which it provides critical IT services to airlines, such as shopping, ticketing, departure control and other solutions, enabling them to focus on their core business competencies and reduce costs.

 

 

Travelport is headquartered in Langley, U.K.  The Company is listed on the New York Stock Exchange and trades under the symbol “TVPT”.

 

For Travelport media enquiries, please contact:

 

Mark Hamilton, Senior Manager, Corporate Communications

Tel: +44 (0)1753 288342

Mob: +44 (0)7552 212132

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Kate Aldridge, VP Corporate Communications

Tel: +44 (0)1753 288720

Mob: +44 (0)7921 698757

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White & Case provided legal advice to Jastrzębska Spółka Węglowa S.A.

The global law firm White & Case provided legal advice to Jastrzębska Spółka Węglowa S.A. (“JSW”) in connection with the sale of all the shares which JSW holds in Wałbrzyskie Zakłady Koksownicze Victoria S.A. (“WZK Victoria”) to Agencja Rozwoju Przemysłu S.A. and Towarzystwo Finansowe “Silesia” Sp. z o.o. (“TFS”) (ARP and TFS jointly referred to as the “Investors”).

The final agreement concluded on 30 September 2016 concerns JSW selling the Investors 92.8413% of the shares in WZK Victoria. The total sale price for the WZK Victoria shares was PLN 350,000,000 with a possible price adjustment based on the cumulated EBITDA value of WZK Victoria in the years 2016-2019. The whole amount for the sale of the WZK Victoria shares has already been paid.

In the project, White & Case was responsible for the overall coordination of the sale process, which also included negotiating the final version of the documentation, hammering out agreements with the Ministry of the State Treasury related to the Investors taking over so-called investment commitments and negotiating with trade unions and employer organizations the takeover of a package of social benefits. The negotiations took almost 6 months of intensive work.

The White & Case team was comprised of Marcin Studniarek (partner), Rafał Kamiński (local partner), Jakub Gubański (counsel) and Małgorzata Mroczek, Anna Pawelec, Monika Dużyńska and Michał Jadwisiak (associates).


Global law firm White & Case LLP advises Jastrzębska Spółka Węglowa S.A

Global law firm White & Case LLP has advised Jastrzębska Spółka Węglowa S.A. (JSW) on the acquisition of an organized part of the enterprise of Kompania Węglowa S.A., including the Knurów-Szczygłowice coal mine, for PLN 1.49 billion.

JSW is the largest producer of high quality type 35 (hard) cooking coal and a significant coke producer in the European Union. White & Case provided comprehensive support for the acquisition, including advice on financing through private placements of secured bonds under the issue programme in two tranches of, respectively, PLN 700 million and US$163.76 million.

Warsaw-based White & Case partner Marcin Studniarek, who led the team which advised JSW, said: “The coal and coke market is cyclical in nature and global fluctuations in price have a significant impact on the profitability of mining plants. Any action aimed at reducing mining production costs and expanding the resource base are important factors in determining the competitive edge of mining companies. The White & Case team which advised JSW successfully navigated a complex transaction, underlining the Firm’s capability in providing legal advice to mining companies. We were very pleased to support JSW in the pursuit of its strategic goals.”

During 2013, the output of JSW’s five existing mines was 9.8 million tonnes of coking coal (including 7.8 million tonnes of hard coking coal) and 3.8 million tonnes of steam coal. Prior to the acquisition of the Knurów-Szczygłowice mine, the anticipated coal resource of the JSW mines was around 2.2 billion tonnes, including approximately 600 million tonnes of recoverable resources.

The Knurów-Szczygłowice mine has an annual coal production capacity of 3.8 million tonnes, including 40 percent coking coal. Its anticipated coal resources are 1.26 billion tonnes with recoverable reserves of 375.1 million tonnes, including 119.7 million tonnes under current valid licenses.

The White & Case team in Warsaw was led by partner Marcin Studniarek with support from local partners Aneta Hajska and Tomasz Ostrowski, counsel Jakub Gubański and Grzegorz Jukiel and associates Aneta Urban, Rafał Kamiński and Magdalena Zmysłowska.

White & Case

White & Case LLP is a leading global law firm with lawyers in 39 offices across 26 countries. Among the first US-based law firms to establish a truly global presence, we provide counsel and representation in virtually every area of law that affects cross-border business. Our clients value both the breadth of our global network and the depth of our US, English and local law capabilities in each of our regions and rely on us for their complex cross-border transactions, as well as their representation in arbitration and litigation proceedings.

Contact

Mariusz Mroczek
Senior Business Development Manager
White & Case P. Pietkiewicz, M. Studniarek
i Wspólnicy Kancelaria Prawna sp.k.
+ 48 22 50 50 225
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Global law firm White & Case LLP has advised Echo Investment S.A

Global law firm White & Case LLP has advised Echo Investment S.A., the Poland-based real estate investment company, on two significant loan transactions. 

The Firm advised on a financing of up to €132 million from Berlin Hyp AG and ING Bank Śląski S.A. to refinance the current debt from Echo’s four office projects – Malta Office Park in Poznań, Park Rozwoju in Warsaw, West Gate in Wrocław and A4 Business Park in Katowice. 

White & Case also advised on a financing of up to €185 million from Landesbank Hessen-Thüringen Girozentrale to refinance the current debt of seven shopping centres belonging to Echo – Galeria Sudecka in Jelenia Góra, Galeria Venada in Łomża, Galeria Amber in Kalisz, Galeria Olimpia in Bełchatów, Outlet Park in Szczecin, Centrum Handlowe Echo in Przemyśl and Centrum Handlowe Echo in Bełchatów.

Echo Investment is one of the largest investment and development companies in Poland and has been listed on the Warsaw Stock Exchange since 1996. It invests in four main real estate sectors: housing construction, shopping centers, office construction and hotel construction. 

 

The White & Case team in Warsaw which advised on the transaction was led by partner Tomasz Ostrowski with support from associates Sylwia Opiatowska, Michał Jadwisiak, Ilona Fedurek and Mateusz Zawistowski.

 

Press contact
For more information, please speak to your
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GRAND GALA CELEBRATION OF 25 YEARS OF AVIS IN POLAND

On 9 June 2016 at the Fort Sokolnickiego Arts Centre in Warsaw, the grand gala was held to celebrate the 25th anniversary of the presence of Avis in Poland. Avis is one of the world's most famous and biggest car rental brands


At the anniversary gala, Avis had the honour to host its most important trading partners, suppliers, business travel agencies, hotels, representatives of the industry media, and business organizations.

During the gala dinner, Radosław Lesiak (Avis Country Manager in Poland) summed up the past 25 years of the rent-a-car industry in Poland and presented probable directions of development of this sector of services.

The special guest of the event was Mr Piotr Kuczyński, journalist specialising in economy and financial market analyst.

The event was both an excellent opportunity to sum up the company's achievements and outline directions of its future development, and also to establish many new business contacts in a relaxed atmosphere.

The event was hosted by well-known journalist and television presenter, Marcin Prokop; an unconventional performance by the Obsession Quartet was the artistic highlight of the evening.

The accompanying exhibition prepared by partners of Avis was unique, too – it showcased the latest models of Volvo, BMW, AUDI, FORD, TOYOTA, and NISSAN - currently available (or coming soon) at Avis. The event guests were surprised by an exceptional historical model: Ford Sierra, which was the first car to be available at Avis in 1991. 

A quarter of a century is a unique anniversary and an opportunity for recollections, summaries, and above all, acknowledgements. With this Avis gala we take a bow in acknowledgement of our customers, employees and partners, who, for many years, with their work, commitment and trust, have contributed to the success and position of Avis in the domestic market, emphasised Radoslaw Lesiak, Country Manager.

It was 25 years ago that the first Avis car rental offices were opened in Warsaw – at the Okęcie Airport and at the Mariott Hotel. Since then, the company has been increasing its presence in Poland. Today, its fleet is more than 2,000 cars, and Avis has 70 rental offices located in the centre of the biggest cities and at airports, with more than 250 employees.

Our strategy is ever expanding and our offer is tailored to the needs of individual clients, and this approach has proved to be effective over the past 25 years. For many years, Avis Poland, guided by the motto ‘We try harder’, makes every effort to guarantee that its services bring full satisfaction to all clients. Today, this rule is applicable to each and every one of our activities, ensuring we stand out in comparison to our competitors. Our awards are a testament that we keep on ‘trying harder’, for example the Business Traveller Award for the best car rental company in Poland and in the world, says Radosław Lesiak, Country Manager, Avis Poland.

 

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About Avis 

Avis Car Rental operates one of the world's best-known car rental brands with approximately 5,500 locations in more than 165 countries. Avis has a long history of innovation in the car rental industry and is one of the world's top brands for customer loyalty. Avis is owned by Avis Budget Group, Inc. (NASDAQ:CAR), which operates and licenses the brand throughout the world. For more information, visit www.avis.com

For more information, contact:

Katarzyna Dobrzyńska   

Avis Poland  

+48 603 192 595 

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A new EU law on personal data has been in force for a week. The perspective from the Polish market.

A new EU law on personal data has been in force for a week. The perspective from the Polish market.   

Almost 80% of business entities surveyed by CMS declare that they are aware of the changes to personal data protection, which entered into force on 25 May of this year. However, almost 30% of respondents do not know how much time is scheduled for the adaptation to the new EU regulations – according to a report entitled “Changes in the EU Personal Data Protection Law – New Challenges and Opportunities for Companies”, prepared by CMS.

CMS’s TMT team examined more than 100 companies on the Polish market in relation to the new data protection rules introduced by the European Union for all companies operating in member states, as well as for companies that provide goods or services to EU citizens even though they operate outside Europe.

The new law will be enforced by the regulator starting from 25 May 2018. In the case of non-compliance after this date, companies must be aware of the risk of financial penalties of up to EUR 20 million or 4% of the global annual turnover of the previous financial year.

Tomasz Koryzma, partner at CMS says: “Business entities should start preparing for the implementation of the new law now, as adaptation to EU regulations requires both adequate financial and human resources. Given the scale of the changes, it may be necessary to create multi-disciplinary teams of legal and technological experts, who will analyse the impact of the new regulations on the company’s activities. Firstly, we need to look at the business processes, existing documentation and software that is used to process data and then we need to evaluate their compliance with the new regulations.

The legislator has given businesses across Europe two years to prepare for the new regulations. This is needed due to the scale of the changes including, inter alia: the need to verify IT systems used by business entities or to inform customers about the new rules related to processing their data, as well as to introduce a new process in the company – an assessment of the impact of data processing on privacy.

“One of the major changes from the perspective of business entities is the need to provide customers with exhaustive information, in a clear and accessible way, about how their data is being processed, e.g. whether and to which countries the data is transferred and for how long it remains in the database. In practice, this means that information saying that the data is processed, e.g. for marketing or recruitment purposes is no longer sufficient," says Marcin Lewoszewski, legal adviser at CMS’s TMT department.  “Additionally, businesses are now obliged to very carefully select the entities whom they entrust with the processing of data, e.g. in connection with the HR/payroll services or data analysis," says Marcin Lewoszewski. 

It may be implied from CMS’s survey that only approx. 15% of the surveyed business entities have already taken any action in their organisations to prepare for the new challenges, while the vast majority of respondents (approx. 75%) limit themselves to monitoring legal changes in the scope of personal data management. 

Businesses have apparently decided to wait and see what happens, which may indicate their need to obtain further information about the practical consequences of the changes and on what actions to take in relation to the new approach to personal data protection," Tomasz Koryzma, partner at CMS law firm, says. "However, if we look at the Polish market it may turn out that in comparison with the richer countries of Western Europe, the distance Polish companies have to cover in order to meet the new requirements, e.g. in relation to adapting IT systems, is greater due to the long-term lower level of investment in business, including in data security," he adds.

Companies themselves express the need for more information about the practical consequences of the changes – more than 85% of respondents would like to see more information about the consequences and specific actions needed in connection with the change in the regulations.

The vast majority of companies surveyed by CMS consider the regulations as significant enough to engage the company's management in the process of introducing changes to their organisations. The respondents think that the management’s participation is needed in the process of identifying key risks, due to the need to consider a new approach to personal data in the company’s organisational culture, and also because it is an important element of risk management in the company. In addition, nearly half of respondents believe the changes to be so extensive that they intend to use the support of external companies

According to the respondents, sales, marketing and IT departments must make the greatest effort to prepare for the changes. Only approx. 40% see the need for HR departments or HR processes to adapt, and even less as regards finance (below 20%).

“Businesses accurately identify areas that will require the most attention and adaptation to the new law. Particularly in those industries where personal data is a key value – e.g. in the financial sector – the biggest changes will be related to the area of marketing and sales and IT,” says CMS’s Marcin Lewoszewski. 

As shown in the survey by CMS, the surveyed business entities associate the new legislation mainly with an increase in the costs of running a business – almost 80% of respondents share this fear. When asked about the benefits of increased protection of personal data, respondents indicate an increase in customer trust (about 40%) and a reduction of legal risk (nearly 30%). Among other benefits of tightening the approach to the protection of personal data, they also point out the following aspects: increase of competitive advantage, and making data protection real.

When asked about the reasons to adapt to the new regulations, respondents indicated the risk of financial sanctions and regulatory risk (almost 90%), which is quite obvious given the circumstances. Further down were reputational risk (approx. 75%) and customer expectations (approx. 50% of responses). Only approx. 30% of respondents have a proactive approach to the changes, referring to the benefits of the commercial use of personal data.

When asked about specific plans in the scope of providing information about changes in the approach to personal data within their own organisations, the surveyed business entities primarily consider transferring such information via the Intranet (over 50%) or retraining employees (45%). At the same time almost ¼ have no plans or knowledge of any planned activities.

 

Examples of changes concerning personal data applicable after 25 May 2016:

  • The new regulations require business entities to notify the Inspector General for the Protection of Personal Data (GIODO) about all instances of data breaches and at times also to notify the data subjects involved (e.g. customers). All irregularities in this respect will have to be reported to the supervisory authority (GIODO) without undue delay, if possible, no later than 72 hours after the discovery of the breach. The above concerns not only instances where data is e.g. unlawfully published on the Internet but also situations where a USB stick with data is lost or data is deleted.
  • The new law allows for profiling based on automatic data processing only when the individual concerned consents to it, unless such profiling is necessary to enter into or perform an agreement. The regulation requires that consumers be informed of being subject to profiling.
  • Everyone whose data is processed by a company, e.g. employees or customers, must now be provided with significantly more information on what happens to their data. Business entities will have to ensure that such information is transparent, reliable and clear.
  • Data controllers will be able to conclude agreements for outsourcing data processing only with entities that guarantee the proper implementation of the regulation, among other things, apply security measures adequate to the processing risk and regularly monitor the effectiveness of technical and organisational resources that are to ensure security.
  • The new regulation changes the role of the information security administrator. Under the regulation this role will be replaced by the data protection supervisor. One supervisor will be able to operate in more than one company only on the condition that it is easy for each such company to contact the supervisor. This should improve the functioning of capital groups that coordinate activities aimed at data protection.
  • The catalogue of the supervisor’s tasks has been unified in the entire European Union. The supervisor’s duties will comprise, among other things, monitoring compliance with the regulation by undertaking activities and training the employees of a given company as well as cooperation with the Inspector General for the Protection of Personal Data (GIODO).
  • Under the regulation, the appointment of a data protection supervisor in the private sector will be obligatory in two cases: if data processing due to its character, nature, purpose or scope requires regular and systematic monitoring of individuals on a large scale as well as when data of a specific category (sensitive data) or personal data concerning convictions is processed on a large scale. In the remaining cases the appointment of a data protection supervisor will be voluntary.

 

Additional information on the survey:

The survey was carried out in April and May 2016 among representatives of over 100 companies operating in Poland. Nearly half the respondents (48%) work in companies with over 500 employees and 68% are employed in international corporations. The following sectors had the strongest representation: insurance (19%), banking (14%) and technology (11%). Many of the respondents work in the FMCG, telecommunications, automotive and e-commerce sector. Respondents were mainly management board members and department directors and managers. The majority of them work in legal (29%) and IT (11%) departments, followed by the compliance, security, sales and marketing departments. 

More information on the changes in the law and their consequences for the Polish market can be found in the report entitled “Changes in the EU Personal Data Protection Law – New Challenges and Opportunities for Companies” available at www.cms.law

 

Information about CMS:

CMS is an international law firm that provides comprehensive legal and tax advice for companies, financial institutions and administrative bodies. We are one of the largest and most experienced international law firms in Poland – we have operated on the Polish market for over 20 years. The CMS offices in Warsaw and Poznań comprises  more than 150 lawyers, who advise clients operating in all key sectors of the economy. For more information see: http://www.cms-cmck.com/Poland

 


CMS is focusing on the development of key practice areas by nominating new partners and counsels:

CMS is focusing on the development of key practice areas by nominating new partners and counsels:

  • Michał Pawłowski, partner in charge of Warsaw’s capital markets team – to the position of equity partner;
  • Piotr Ciołkowski – to the position of partner in the energy practice;
  • Katarzyna Kucharczyk – to the position of counsel in the dispute resolution department;
  • Adam Stopyra – to the position of counsel in the banking and international finance department;
  • Ewa Świderska – to the position of counsel in the insurance team. 

“This year’s nominations are a reflection of the growth of our practice and our plans for further development, as well as the result of our increasing specialisation and adjusting to our clients’ needs,” says Małgorzata Surdek, managing partner of CMS Poland. All appointments take effect from 1 May 2016.

Michał Pawłowski specialises in capital market transactions, commercial law and securities law. He represents clients in transactions involving public offerings of shares (primary and secondary) bond issues, withdrawing companies from trading (P2P) as well as mergers and acquisitions.
Along with his team, he joined CMS in the summer of 2015. In his new role Michał will focus on the further development of the capital markets practice in Central-Eastern Europe. The capital markets team made its debut in this year’s Legal500, ranking immediately in group 2. Michał Pawłowski is recommended by Chambers & Partners as a capital markets lawyer.

He is an attorney, a doctor of law and an economist. He graduated from the faculty of law at Poznan’s Adam Mickiewicz University and earned a degree in economics at the University of Economics in Poznan. He teaches at the Kozminski University in Warsaw.

Piotr Ciołkowski will continue to develop the regulatory team he runs within the energy department. An alumnus of CMS’s graduate programme, Piotr has over 11 years’ experience advising energy clients. In addition to assisting clients with the start-up, safe running and restructuring of their operations, he is responsible for negotiating contracts for sales of goods such as oil, electricity and gas, and property rights. He participates in acquisitions transactions both in the conventional energy and renewable energy sectors. He has also conducted litigation in particular with the President of the Energy Regulatory Office.

CMS’s regulatory team, led by Piotr Ciołkowski, won first place in this year’s Polityka Insight ranking of regulatory law firms. For many years CMS’s energy practice in Poland has found itself in the highest categories (Band 1 and Tier 1) of the Chambers & Partners and Legal500 rankings, and has been recommended by Rzeczpospolita daily. Piotr Ciołkowski was also individually recommended in the last edition of the Legal500. He is a legal advisor, a graduate of the Adam Mickiewicz University in Poznan.

Katarzyna Kucharczyk, legal adviser, has over 10 years’ experience in representing financial institutions and clients from the construction, IT and telecommunications sectors in court disputes and in national and international arbitration. She has also actedbefore patent office and administrative courts on intellectual property matters. In her new role, Katarzyna will focus on the development of a practice devoted to construction disputes and disputes in the field of competition and consumer protection in the financial sector.

Katarzyna specialises in disputes concerning construction projects, infrastructure and real estate. She has acted for, among others, the perpetual usufructee in a precedent-setting case concerning the perpetual usufruct of land located in central Warsaw, and was a representative in matters concerning the construction of motorways. She also represents clients on competition law and consumer protection issues, including clients from the financial sector. She is a recommended dispute resolution lawyer in the international ranking Chambers Europe.

Dr Adam Stopyra, advocate, has been associated with the banking sector for more than 10 years. He specialises in regulatory issues. As counsel he will lead the derivatives, securitisation and regulations practice. He combines legal expertise with experience gained in the Department of Capital Adequacy at Raiffeisen Bank, where he was responsible for portfolio sales and securitisation. He has experience in the implementation of EU regulations such as EMIR, CRD IV, MiFID, UCITS. He has a doctorate in legal sciences from the University of Warsaw.

Ewa Świderska, legal advisor, specialises in providing legal advice to companies in the financial services sector, especially the insurance sector. She has been with CMS since 2006. As counsel and leader of the insurance team she will be responsible for the further development of this practice. She combines legal expertise with an excellent understanding of the insurance market. She gained professional experience as an in-house lawyer at various international insurance companies. She has advised on proceedings before the supervisory authority, as well as on the creation and marketing of insurance products, and on bancassurance issues. She has also dealt with data protection and consumer protection issues. Her professional experience includes transactions on the financial services market, including mergers and restructuring of international financial institutions. She graduated in law from the University of Warsaw.

 


Małgorzata Surdek appointed the new managing partner in CMS in Poland

Małgorzata Surdek appointed the new managing partner in CMS in Poland

In May 2016, Małgorzata Surdek took over the position of Managing Partner of CMS in Poland. She replaced Andrew Kozlowski, who has managed CMS’s Warsaw office since 2003.

Małgorzata Surdek has been with CMS for 20 years. She has over 12 years’ experience of managing CMS teams in Poland and Central-Eastern Europe. For more than 5 years she has managed the firm’s dispute resolution practice in Poland, and recently also in the CEE region. She has also led the Financial Institutions and Services Group. Małgorzata represents clients in civil and commercial law disputes before common courts, in particular in disputes concerning competition and consumer protection, intellectual property, claims under insurance agreements, construction disputes and commercial arbitration (she also acts as an arbitrator and is a Fellow of the Chartered Institute of Arbitrators).

“In the last two decades, CMS has grown to become the second largest law firm in Poland in terms of income and number of lawyers. It has a very strong position in areas such as transactional assistance, dispute resolution and arbitration, as well as in advisory services for the energy, finance and real estate sectors, among others. I feel comfortable handing the management over to Małgorzata Surdek after 13 years, as I am certain that her experience, managerial skills, energy and excellent client contacts will provide strong foundations for the further dynamic development of CMS, as well as make it possible for the company to take full advantage of market opportunities,” says Andrew Kozlowski, former Managing Partner of CMS in Poland. 

 

Andrew Kozlowski will continue to share his experience with CMS’s partners and clients as a Counsel.

 


Global law firm White & Case LLP has advised Synthos S.A.

Global law firm White & Case LLP has advised Synthos S.A., one of the largest manufacturers of chemical raw materials in Poland and Europe’s leading manufacturer of emulsion rubbers, on the acquisition from INEOS Enterprises of the INEOS Styrenics business, a leading producer of high quality expandable polystyrene for the building, construction and packaging industries.

The transaction, valued at €80 million, is expected to be finalized during the second half of 2016, following relevant approvals from the competition authorities. It includes the indirect acquisition of shares in the INEOS Styrenics subsidiaries in France, the Netherlands and Turkey, as well as the assets of Switzerland-based INEOS Styrenics International SA.

The White & Case team which advised on the transaction was led by local partner Andrzej Sutkowski (Warsaw) and partner David Crook (London), and included partners Peita Menon (London) and Nathalie Negre Eveillard (Paris), local partner Rafał Kamiński (Warsaw), counsel Jakub Gubański (Warsaw) and Tallat Hussain (London) and associates Jacek Polewski, Monika Dużyńska, Iwo Małobęcki (all Warsaw), Laura Hoyland, Hyder Jumabhoy, Stephen Carlton (all London), Valerie Menard, Anne Petitjean, Delphin Boucher, Caroline Lyannaz, Louis Feuillee (all Paris), Ceylan Kara and Eylul Topanoglu (both Istanbul).


CMS moves up in the Legal 500 ranking

CMS has strengthened its position among the best law firms in Poland improving in three categories in the Legal 500 – one of the most prestigious rankings of Polish and international law firms. 

CMS has been the leader (Tier 1) in the Legal 500 in Poland for years, in categories such as: Energy, Insurance and Employment. This year, CMS’ real property practice moved up to Tier 1. This confirms the real estate & construction team’s dynamic development and its strong position on the market of transactions and investment projects in the real estate and construction sectors. The Department, headed by Wojciech Koczara, is made up of more than 30 lawyers. The team’s headline projects include advising Pramerica Real Estate on the sale of a portfolio of logistics projects in Poland, Slovenia and Czech Republic and advising the general contractor on the construction of the new Łódź Fabryczna train station and rail line. 

All the remaining practices of CMS mentioned in the Legal 500 are classified only one level lower – in Tier 2. 

The M&A team – which moved up to Tier 2 – was involved last year in such prominent projects as the purchase of PKP Energetyka by CVC or Value4Capital’s sale of home.pl. The position of CMS in the category Commercial, Corporate and M&A is reflected by the number of transactions completed each year, the profile of M&A projects in respect of which the law firm provides advisory services and the recognisability and reputation of the team of 30 people co-managed by Partners Dariusz Greszta and Marek Sawicki. The CMS team is also considered as one of the leading teams providing M&A advisory services in the CEE region (Band 1) by Chambers in the Central Eastern Europe category. 

CMS’ Banking Department also moved up to Tier 2. The Department has 16 lawyers led by Małgorzata Chruściak. It specialises in providing advisory services in connection with transactions carried out on the banking services market, project financing, as well as representing banks in any credit transactions, debenture issues and entering into derivative transactions, as well as transactions related to debt restructuring.  The recent examples of team’s projects includes advising EBRD on the financing of the construction of part of a wind farm in Orla or advising PZU on financing of a major real estate acquisition. 

Debuting this year in the ranking, the CMS capital markets team was ranked as Tier 2. The team of Michał Pawłowski, who joined CMS in Autumn 2015, effectively strengthened the practice existing in CMS within the area of IPOs, bond issues and withdrawing companies from public trading.

The Legal 500 ranking is based on the opinions of over 250,000 clients of law firms all over the world, information provided by law firms, as well as interviews carried out by the Legal 500 analysts. This ensures that the best law firms are selected, which then are classified within tiers 1-3.

 


Dentons launches new guide ‘Investing in renewable energy projects in Europe’

Dentons launches new guide ‘Investing in renewable energy projects in Europe’

Europe has seen a surge in renewables over the last decade, and the sector continues to grow. The priorities for the renewable energy expansion driven by the EU energy policy framework are setting corresponding national targets for the EU member states and are impacting neighboring countries in Europe and Central Asia.

Although the regulatory and commercial structures of national markets often differ substantially, governments and regulators have to grapple with many of the same issues. National policies and legislation continue evolving. For RES developers and investors, commercial success hinges on understanding current and anticipating future trends, spotting opportunities as they arise, minimizing risk and putting in place an agile business model that is capable of surviving shocks and uncertainties.

Download our guide “Investing in renewable energy projects in Europe.”It gives snapshots of the prospects for renewable energy projects in 16 jurisdictions in Europe and Central Asia with active renewable energy industries or significant RES potential. In each case, we look at the general background and the intrinsic potential for RES development, the factors driving the industry, and the constraints and risks investors face.

Dentons produced this guide in cooperation with Bloomberg New Energy Finance.

***

About Dentons

Dentons is the world's first polycentric global law firm. A top 20 firm on the Acritas 2015 Global Elite Brand Index, the Firm is committed to challenging the status quo in delivering consistent and uncompromising quality and value in new and inventive ways. Driven to provide clients a competitive edge, and connected to the communities where its clients want to do business, Dentons knows that understanding local cultures is crucial to successfully completing a deal, resolving a dispute or solving a business challenge. Now the world's largest law firm, Dentons' global team builds agile, tailored solutions to meet the local, national and global needs of private and public clients of any size in more than 125 locations serving 50-plus countries. www.dentons.com  

 


CMS advises on the creation of mandatory fuel reserves

CMS has acted as legal advisor in the process of obtaining financing and securing against legal risks associated with the purchase and storage of diesel fuel for UNIMOT SA in light of the Polish Act on mandatory reserves of fuel.  Funding for the purchase of the mandatory reserves has been provided by ING Bank Śląski SA and the storage  for mandatory reserves will be covered by the largest national operator specialising in the storage and handling of fuels – Operator Logistyczny Paliw Płynnych (OLPP).

“The transaction was very complex and required negotiations with several financial institutions. The new agreements will minimise the costs associated with fulfilling the requirements of the law on mandatory reserves, which directly translates into tangible cost savings for the company,” says Robert Brzozowski, President of UNIMOT SA.

The CMS team working for the fuel importer was composed of lawyers who specialise in funding and regulatory advice for the fuel sector.

“The success of this type of transaction is determined on the one hand by an understanding of the needs of companies that operate in the fuel sector, and on the other by a thorough knowledge of the Act on mandatory reserves. Only a combination of these two factors allows the proper protection of a business activity in terms of the law. Also it is important to be aware of the expectations of financing institutions, for which the proper conclusion of a warehouse agreement with a licensed operator is a very significant element of the transaction.” says Tomasz Zwoliński, Of Counsel and Legal Advisor in the Department of Banking and International Finance from CMS.

CMS’s work included negotiating financing documents with the banks financing UNIMOT SA as well as negotiations with OLPP in connection with the necessity to conclude a separate contract for the storage of mandatory reserves. The following lawyers were involved in the project: Tomasz Zwoliński, Of Counsel and Legal Advisor in the Department of Banking and International Finance, Adam Stopyra, Senior Associate in the Department of Banking and International Finance, Piotr Ciołkowski, Of Counsel and head of the regulatory team in the Department of Energy and Projects, as well as other CMS lawyers who advised on both Polish and English law.


Squire Patton Boggs and Carroll, Burdick & McDonough to Combine.

Squire Patton Boggs and Carroll, Burdick & McDonough to Combine.

(SAN FRANCISCO – February 22, 2016) – Squire Patton Boggs and California-based Carroll, Burdick

& McDonough today announce that they have reached a definitive agreement to combine firms.

The combination will create the world's premier product quality, brand protection and compliance practice, joining together Squire Patton Boggs’ leading global platform of over 1,500 lawyers spanning 45 offices in 21 countries in the Americas, Asia Pacific, Europe and the Middle East, with Carroll Burdick, a complex litigation and products risk management powerhouse with over 50 lawyers on three continents.

Carroll Burdick will operate as an integrated part of Squire Patton Boggs, offering clients a robust level of service in a range of corporate, compliance and dispute-related disciplines, as well as deep roots representing the transportation industry. Founded in San Francisco in 1948, where its main office remains, Carroll Burdick also has offices in Böblingen (near Stuttgart), giving the combined firm a significant presence in the center of Germany’s industrial powerhouse of Baden-Württemberg. This office will complement Squire Patton Boggs’ offices in Berlin and Frankfurt, and further solidify its long- term commitment to serving premier German clients with worldwide business. Carroll Burdick also has offices in Hong Kong and Los Angeles, which complement those of Squire Patton Boggs and strengthen the combined firm’s presence in California and the Pacific Rim.

“From the outset of our discussions with Carroll Burdick, it was clear that our firms shared common values, a complementary mix of practices and clients who would mutually benefit from what the other firm brought to the table,” said Squire Patton Boggs’ Global Chairman Mark Ruehlmann. “The needs of our clients have always been the central focus of our firm’s strategic vision. In an increasingly regulated and inter-dependent global economy, our clients rely upon us now more than ever for compliance solutions across virtually all industries. With this combination, and the new relationships that come with it, we have even greater opportunities to better serve our clients with strong and developing global businesses.”

“As we looked to grow and expand the range of services we could offer clients, particularly our premier practice in global product risk coordination, joining a firm with the scale, practice breadth and global

reputation of Squire Patton Boggs was a logical step,” said Dr. Matthew Kemner, Chairman of Carroll Burdick, who has been asked to serve as a member of Squire Patton Boggs’ Global Board. “For a global firm of this size, we were impressed with their high level of integration and ability to mobilize client teams across virtually any area of law and geography for the better service of our outstanding global clients. This is a very exciting day for our clients and us.”

The combination is subject to a limited number of conditions and is expected to become effective in March 2016.

About Squire Patton Boggs:

Squire Patton Boggs is one of the world’s strongest integrated legal practices. With 45 offices in 21 countries, the firm is renowned for its local connections and global influence, delivering comprehensive legal services across North America, Europe, the Middle East, Asia Pacific, and Latin America. For more information, visit www.squirepattonboggs.com.

About Carroll, Burdick & McDonough:

A leader in global product risk management and global litigation coordination, Carroll Burdick has over 50 lawyers on three continents, speaking more than 16 languages including German, English, Mandarin Chinese (Mandarin and Cantonese), French, Italian, Latvian, Malay, Romanian, Russian and Spanish, with over 20 percent of the firm’s lawyers having legal educations in two or more countries. This unparalleled experience provides the cultural insights necessary for effective global legal service that helps our international clients reach their global business goals.

Contact:

Angelo Kakolyris
(212) 407-0148 This email address is being protected from spambots. You need JavaScript enabled to view it.


CMS advises on the sale of an office building in Poznań

CMS advised the developer, Garvest Real Estate, on the sale of the Pixel office building in Poznań.

The building was bought by Globe Trade Center in a EUR 32.2 million deal.

With its 14,500 square metres and a distinctive form designed by JEMS Architekci, Pixel is located in at ul. Grunwaldzka 182 in Poznań and is wholly occupied by the Allegro Group. 

For CMS, the sale of the Pixel office building was the second transaction in the Poznań office property market in the last few months (the Firm was also engaged by Bluehouse Capital Advisor in the acquisition of the Malta House building in Poznań).

“Investors’ interest seems to have been shifting towards regional office property markets in Poland for some time and it looks like this trend is here to stay. High quality assets in regional cities may be an interesting alternative considering that, with a growing supply of office space in Warsaw, owners may find it more and more difficult to obtain attractive leasing terms for their office space” – says Wojciech Koczara, partner heading the CMS Real Estate and Construction Practice in Poland and CEE.

 

The Firm’s involvement in the Poznań transaction included advising on the negotiations of the sale agreement.

 

The CMS team advising Garvest Real Estate on the sale of the property included: Wojciech Koczara, partner in the Warsaw office and head of the CMS Real Estate and Construction Practice in Poland and CEE, and Mateusz Wosiek, associate in the CMS Real Estate and Construction Department.


All-Poland supervisory boards’ competencies survey – share your view with us!

All-Poland supervisory boards’ competencies survey – share your view with us!

Accordingly to statistics, supervisory boards of Polish listed companies are composed from economists, engineers and lawyers. Nowadays boards care more than ever of the right competencies and experience of their members. These approach is taken to enhance efficiency, effectively respond to business challenges and meet shareholders expectations. What set of competencies would create a supervisory board which is effective, professional and valuable to owners and shareholders?

 We would like to invite the owners, investors, managers and non-executive directors of listed companies to participate in the All-Poland supervisory boards’ competencies survey. The results of the survey will be published in a report titled Supervisory Boards 2016. Trends and directions in change. Responders who fill the questionnaire and share their contact details will receive a copy of the report.

Your opinion is extremely important to us. Thank you in advance for sharing your insights!

Read more and access questionnaire here


CMS awarded in Polityka Insight Ranking of Regulatory Law Firms

CMS has received first place in Polityka Insight 2016 ranking of regulatory law firms in the “Energy” category. In addition, CMS is the only law firm on the Polish market that – having analysed the opinions of clients and competitors, as well as the scope of services provided – managed to meet the requirements of the ranking for the best advisors in the energy sector (listed as Group 1). CMS has also been awarded as one of the best in Poland in the field of competition law and banking law (Group 3).

The Polityka Insight 2016 ranking of regulatory law firms covers the regulatory advice market, i.e. the market related to public economic law enforced by authorities such as the Energy Regulatory Office, the Office for the Protection of Competition and Consumers (UOKiK) or the Financial Supervision Authority (KNF). The ranking takes into account four main criteria: (1) complexity of services provided by the law firm, (2) reputation of the law firm in the industry, (3) client feedback and (4) the average of the Anglophone rankings such as Chambers Europe and Legal 500.

CMS’s position in Polityka Insight ranking reflects the scale of its activity and the profile of its projects in recent years, as well as the complexity of the legal advice and the recognition and reputation of CMS teams.

“Regulated industries in Poland continue to face numerous challenges – on the one hand there are a number of regulations at the EU level, which local regulators and companies operating on the Polish market must take into account. On the other hand, one should expect regulatory changes originating from the domestic market. These changes sometimes have a major impact on the development prospects of companies in the regulated sectors, such as the energy, telecommunications, banking or insurance sectors. Regulatory changes bring about legal and business risks that need to be skilfully managed,” says Piotr Ciołkowski, Of Counsel in CMS’s Energy Department. 

The CMS energy team comprises more than 20 lawyers, including four partners. The department is headed by Karolina Siedlik, while Piotr Ciołkowski leads the regulatory team. Last year, CMS provided advice on, among others, the acquisition of PKP Energetyka by CVC Capital Partners, and advised Tauron Wytwarzanie in its dispute with the Energy Regulatory Authority concerning reimbursement of stranded costs. CMS’s clients are the leading companies in the energy industry, including PGNiG, PGE GiEK, ENEA and Lotos.

In turn, CMS’s competition law team, headed by Małgorzata Urbańska, consists of 7 lawyers. As well as antitrust law and merger control, the team also advises in matters relating to state aid, public procurement, consumer law and unfair competition. The team represents clients in proceedings both before the President of the Office for the Protection of Competition and Consumers, as well as before the European Commission. Recently, CMS lawyers successfully represented P4, the Play phone operator, before the Court of Competition and Consumer Protection in relation to an appeal against a decision of the President of the Office for Protection of Competition and Consumers, which imposed a fine on P4 for alleged participation in a cartel together with three other mobile operators (Orange, T-Mobile and Plus). 

Clients from the banking sector are supported by a team of 14 lawyers under the leadership of Małgorzata Chruściak in CMS’s Warsaw office. The team provides services to Polish and foreign banks, branches of financial institutions, companies and investment funds as well as their clients in all sectors in Poland and on the Central-Eastern European markets. It provides clients with regulatory advice on transactions carried out on the financial services market, on numerous real estate project financing transactions, and also represents banks in relation to all kinds of credit transactions, issues of debt instruments and entering into derivative instruments, as well as transactions related to the restructuring of debts of borrowers

Recently, the team took part in processes of the working group of the Union of Polish Banks in the course of works on the Restructuring Law. On behalf of the Association of Restructuring Practitioners it participated in the work of the Team of the Ministry of Justice and Ministry of Economy, preparing amendments to the Bankruptcy and Reorganisation Law and a draft of the Restructuring Law. In cooperation with Dispute Resolution team, our lawyers represents financial institutions (insurance companies, banks) in proceedings before the President of the UOKiK in cases concerning practices infringing collective consumer interests, court proceedings resulting from an appeal against a decision of the President of the UOKiK and in proceedings before the UOKiK for the recognition of standard contractual provisions as illegal.

The team also has extensive experience in regulatory matters related to both commencing and conducting business on the Polish financial services market as well as the processes associated with the winding up of operations and in relation to assisting financial institutions adapt to the changing legal regulations.

 


Squire Patton Boggs Partners the 2016 Polish and Central & Eastern Europe Private Equity Conference

Squire Patton Boggs Partners the 2016 Polish and Central & Eastern Europe Private Equity Conference.

Squire Patton Boggs is pleased to announce it is a partner to the third annual Polish & CEE Private Equity Conference, which will take place on Friday, 4 March 2016 at the InterContinental Hotel, Warsaw, Poland.



The one-day event provides a special opportunity to hear from more than 50 of the region’s top private equity (PE) specialists in several, focused panel discussions, as well as to network and meet the owners of relevant potential business targets from various sectors that are considering PE/VC financing, and 250 other PE professionals.

Topics covered in the panel discussions include the driving forces behind PE in the CEE region, successful fundraising, early stage investment, LP investment, deal sourcing, and current exit strategies.  Corporate partner Christopher Rose, who oversees Squire Patton Boggs’ private equity and venture capital practice in Central and Eastern Europe and Russia, will moderate the panel on eary stage investments and Michał Karwacki, who heads the private equity and venture capital team at the Warsaw office, will moderate the deal sourcing session.

Keynote speakers who will be presenting at the event include Ralf Huep (Advent International), Bill Fawkner-Corbett (CEE Equity Partners), Tomasz Czechowicz (MCI), Przemek Szczepanski (Syntaxis Capital), Peeter Saks (BaltCap), Alex Kacprzyk (Resource Partners), Tomasz Stamirowski (Avallon), Andrzej Mierzwa (21 Concordia), Kalmer Kikas (BPM Capital), Kaido Veske (Livonia Partners), Jacek Adamski (Lewiatan Business Angels), Pawel Chudzinski (Point Nine Capital), Marcin Hejka (Intel Capital), and Jean-Philippe Burcklen (European Investment Fund).


Three new Of Counsels in CMS

New appointments confirms the strong position of CMS’ energy team and CMS’ real estate team on the Polish market as well as the plans for further development of these practices in the coming years.

Zbigniew Kozłowski, advocate, head of the environmental law team operating within the Energy and Projects Department, Agnieszka Kuźma, advocate from the Real Estate and Construction Department, and Paweł Zalewski, legal counsel, leading the renewable energy team within the CMS Energy and Projects Department, were designated as Of Counsels in the CMS Warsaw office in January 2016.

 

Zbigniew Kozlowski is an advocate heading the environmental law team in CMS, a firm with which he has been associated since 2007. He advises on industrial emissions, trading in allowances for CO2 emissions, environmental impact assessments, waste management, water and wastewater management, permits for the use of the environment and environmental pollution.

At CMS he has provided comprehensive legal assistance to ENEA Wytwarzanie in matters relating to a leakage of fuel oil from the Kozienice power plant, decisions on environmental conditions, integrated permits and authorisations to participate in the ETS. He has developed scenarios of conduct for several power plants belonging to the Veolia group, aimed at obtaining additional free allowances for CO2 emissions. He has advised ArcelorMittal Poland in relation to deviations from BAT conclusions. He took part in preparing the strategy of the implementation of the IED directive in a network of a power plant and a heat and power plant from a leading energy group. He has successfully represented Clients in a number of administrative and administrative judicial proceedings. He has also participated in projects related to the construction of new generating capacity in the Polish energy sector.

He has been described by Chambers & Partners analysts as a notable practitioner, ranking in Band 2, while his team continues to be ranked in Band 1 since the creation of a separate “Environment” category in the Chambers & Partners ranking. Zbigniew Kozłowski is also one of the winners of “Rising Stars Prawnicy – liderzy jutra 2015” (“Rising Stars Lawyers – Tomorrow’s Leaders 2015”), acompetition organised by Dziennik Gazeta Prawna.

Paweł Zalewski – the leader of the renewable energy team – specialises in providing legal advice to entities operating in the energy industry. He has advised on matters related to the prospecting and exploring of hydrocarbons, in particular in relation to the regulatory and administrative issues in the context of obtaining administrative decisions necessary to conduct this type of activity. His experience also includes M&A transactions – he has prepared and negotiated M&A agreements for major wind energy projects. Additionally, he has many years of experience in the provision of ongoing support in relation to wind power projects. He has been working at CMS since 2009.

Agnieszka Kuźma is an advocate in the Real Estate and Construction Department in CMS, a firm with which she has been associated since May 2006. She specialises in real estate and construction law. Agnieszka provides comprehensive advice to Polish and foreign clients, primarily in relation to real estate sale, purchase and leaseback transactions. She also advises in relation to obtaining financing and refinancing for real estate transactions and projects, prepares and negotiates contracts in construction and investment processes (contracts for design works, contracts for general contracting, development contracts), including those performed in the framework of joint ventures, negotiates commercial property leases and pre-let contracts for the performance of projects within the build-to-suit system, and she drafts opinions on so-called restitution claims as part of comprehensive audits of the legal status of real estate. Her experience also includes advising on prestigious and complex real estate projects with the highest values of real estate transactions in Poland in recent years, including the purchase of office facilities worth 300 mln euros and 150 mln euros for foreign funds.

For the past ten years the CMS Energy Team has been ranked by Chambers & Partners analysts in Band 1, the highest category for Energy & Natural Resources. Since 2012, when a separate “Environment” category was added, CMS has continued to be ranked in Band 1. The CMS Warsaw office’s position in the energy sector has also been confirmed by the Legal 500 rankings, in which the firm ranked in Band 1 seven times in the past 8 years. Chambers & Partners also recognised CMS as the best advisor for the energy sector in the whole CEE region, ranking it in Band 1 in the “Project & Energy” category.

 

The CMS real estate team ranks in Band 2, both according to Chambers & Partners analysts and Legal 500 analysts. In 2014 CMS also received the Eurobuild “Law Firm of the Year” award.

About CMS:

CMS is an international law firm providing comprehensive legal and tax advice to companies, financial institutions and administrative bodies. We are one of the largest and most experienced international law firms in Poland – we have been operating on the Polish market for over 20 years. The Warsaw office of CMS employs 140 lawyers who advise clients operating in all key sectors of the economy. Further information: http://www.cms-cmck.com/Poland


Squire Patton Boggs Advises China-CEE Fund on Acquisition of Energy 21

Squire Patton Boggs’ Warsaw and Prague  offices have jointly represented China Central and Eastern Europe Investment Cooperation  Fund (China-CEE Fund) in its acquisition of Energy 21 a.s. from Mid-Europa Partners and Darby Private Equity for an undisclosed amount.

Energy 21 a.s. is a Czech investment company specializing in the construction and operation of solar power plants.  It is the largest Czech-based independent operator of photovoltaic power plants in Central and Eastern Europe, with an installed generation capacity currently of around 61 megawatts. The China-CEE Fund was established by China Exim Bank in partnership with other institutional investors from the CEE region to capitalize on investment opportunities in CEE countries.  The Squire Patton Boggs team was led by Corporate of counsel Pawel Magierowski in Warsaw, with partner Jeff McGehee leading the Prague team of Ivan Karpjak, Marketa Topinkova and Lenka Nova. European head of Energy & Resources, partner Trevor Ingle in London assisted on the UK law aspects.

“We are delighted to act for the China-CEE Fund on its first investment into the Czech Republic,” commented Prague office managing partner Radek Janecek.  “We have built up a regional team which offers one of the leading legal advisory services for  private equity investors in CEE, and alongside our private equity and VC specialists we have local experts in all relevant legal areas, such as tax and regulatory, and with in-depth industry knowledge, not least in technology and renewables.”

-ENDS-

About Squire Patton Boggs Squire Patton Boggs is one of the world’s strongest integrated legal practices. With 44 offices in 21 countries, the firm is renowned for its local connections and global influence, delivering comprehensive legal services across North America, Europe, the Middle East, Asia Pacific, and Latin America. With expertise spanning all key sectors, the firm is also known for its preeminent public policy practice and deep-rooted relationships in Washington DC and Brussels. For more information,

visit www.squirepattonboggs.com


CMS Emerging Europe M&A Report 2015/16

Central and Eastern European M&A markets diverging

Some markets see increase in deal value and volume, but CEE M&A activity down overall

Private equity fund investment up 16%

Investment by US based companies and funds increases by 61%


DOWNLOAD THE REPORT

Fragmented investment landscape

Investors no longer regard Central and Eastern Europe as a coherent investment area as countries in the region present increasingly different risk profiles. While the CEE M&A market overall was down on 2014, a number of markets saw increases in 2015 in both deal value and volume, as reported in Emerging Europe M&A Report 2015/2016, published by CMS in cooperation with EMIS.

Helen Rodwell, Partner, CMS Prague :Political changes can be seen to have a direct, and often immediate, impact on the levels of new investment and the sustainability of investments. The net result for the region may be neutral, however, as investment is simply diverted to other CEE countries, rather than withdrawn”.

 

Stefan Stoyanov, Global head of M&A database, EMIS: “Looking ahead to 2016, we expect a year of respite for emerging Europe M&A. Political risks remain, but many external shocks have been curbed or at least taken into account. On the private equity front, ripe portfolios and a flight to higher returns are likely to spur more deals in the region.”

While the 2015 global M&A market saw more deals with more value than any year since 2007, CEE was relatively flat with a 3% decline in announced deals (2,138 transactions), but a sharper 15% decline in total value (from EUR 63bn to EUR 53,5bn). Poland, Hungary, Serbia and Bosnia and Herzegovina saw an increase in deals – both value and volume – from 2014.

Increased private equity interest

A total of 288 deals were announced (a 16% increase), more than half of which constituted new PE entries. The largest transactions predominantly attracted US and UK investors.

Radivoje Petrikić, Partner, CMS Vienna:“Private equity funds are traditionally characterised by a greater risk appetite than corporate players. It should be expected that funds will to a large extent shape the situation on the M&A market in the region in the coming months”.


US investors increasingly active

In 2015 US based investors increased their M&A activity in the region by 61% in value and 9% in volume with 127 deals valued at almost EUR 4bn.

Helen Rodwell, Partner, CMS Prague:The most active foreign investors in CEE in 2015 were from the US. This is not surprising, given the strength of the dollar against the Euro, and is a consistent trend across the European M&A market. A new wave of investment from China and a developing interest from South Korea was also apparent.”

 

CEE also saw more interest from German (a 22% increase in volume to 88 transactions) and UK investors (a 23% increase in value of transactions closed by UK–based buyers to EUR 2.5bn).  

The most active sectors in M&A

Manufacturing was the most targeted sector with 343 deals for a total of EUR 8.9bn (14% increase), followed by Telecoms & IT and Real Estate with 298 and 263 deals for EUR 5.7bn and EUR 8.3bn, respectively.

Information on the report:

The fifth edition of “Emerging Europe M&A Report 2015/2016” published by CMS in cooperation with EMIS presents the M&A trends for 2016 and an analysis of M&A deals valued over US$ 1mln announced in 2015 across 22 jurisdictions in Central and Eastern Europe, focusing on 15 of them in detail (Albania, Bosnia and Herzegovina, Bulgaria, Croatia, the Czech Republic, Hungary, Montenegro, Poland, Romania, Russia, Serbia, Slovakia, Slovenia, Turkey and Ukraine, while data on Emerging Europe include also Belarus, Estonia, Kosovo, Latvia, Lithuania, Macedonia, and Moldova). The report will be available from 19th January at www.cmslegal.com

Information about CMS:

Founded in 1999, CMS is a full-service top 10 international law firm, the largest in Europe, based on the number of lawyers (Am Law 2013 Global 100). With 59 offices in 33 countries across the world, employing over 3,000 lawyers, CMS has longstanding expertise both at advising in its local jurisdictions and across borders. CMS acts for a large number of Fortune 500 companies and the FT European 500 and for the majority of the DAX 30.

CMS provides a wide range of expertise across 18 expert practice and sector areas including Banking and Finance, Commercial, Competition, Corporate, Dispute Resolution, Employment, Energy, Intellectual Property, Lifesciences, Real Estate, TMT and Tax. For more information, please visit www.cmslegal.com.

CMS offices and associated offices: Aberdeen, Algiers, Amsterdam, Antwerp, Barcelona, Beijing, Belgrade, Berlin, Bratislava, Bristol, Brussels, Bucharest, Budapest, Casablanca, Cologne, Dubai, Dusseldorf, Edinburgh, Frankfurt, Geneva, Glasgow, Hamburg, Istanbul, Kyiv, Leipzig, Lisbon, Ljubljana, London, Luxembourg, Lyon, Madrid, Mexico City, Milan, Moscow, Munich, Muscat, Paris, Prague, Rio de Janeiro, Rome, Sarajevo, Seville, Shanghai, Sofia, Strasbourg, Stuttgart, Tirana, Utrecht, Vienna, Warsaw, Zagreb and Zurich.

Information about EMIS:

EMIS operates in and reports on countries where high reward goes hand-in-hand with high risk. We bring you time-sensitive, hard-to-get, relevant news, research and analytical data, peer comparisons and more for over 120 emerging markets. Our information platform provides a unique blend of analysis, data and news on companies, industries and countries. We license content from the cream of the world's macroeconomic experts, the most renowned industry research firms and the most authoritative news providers. We combine this with our own company and M&A research to offer a multi-faceted view of each emerging market. Formed over 20 years ago, we employ nearly 300 people in 13 countries around the world, providing intelligence to nearly 2,000 clients. We are part of Euromoney Institutional Investor plc. For more information, please visit www.emis.com


Amcham Student Essay Contest 2015 Winner

Hubert Motyka nominated by Universal Express- the winner of the ninth edition of the American Chamber of Commerce Student Essay Contest. The essays weree judged by an Awards Committee made up of Board of Directors and AmCham Members

 

We live in an era of innovation. But what really is innovation? We often associate innovation with

groundbreaking discovery of a new medicine,  development of better computer or space travel. But

these are only one kind of innovation, these are technological advancements, engineering

inventions. Another type is mental innovation, change in one’s way of thinking. They are seen

throughout history as the most important events. Mental innovations are often connected to, or

even cause the technological innovations.

Today we live in an era of innovation. Technological progress has never been so rapid and we have

never been so focused on keeping this forward movement before. In fact, the only way to maintain

this rate of innovation is to cooperate. The best example of such cooperation is between Poland

and the US. Teams consisting of Polish and American scientists carry out studies in different fields of

science, for instance on proteins which contribute to the development of new therapies to cure

human diseases (such as AIDS or leukemia), or on superconductors which are likely to revolutionize

the future of electronic devices. Both American students in Poland and Polish students in America

are involved in scientific research or engineering. Under the supervision of their professors they

make our food healthier, they build everything from Martian rovers to 3D-printers, they design

better prostheses which feel like real limbs. They even make our morning commuting easier and

faster by developing self-driving cars.

The Polish-American cooperation is present not only in the scientific field but in business as well.

More and more American companies are entering the Polish market and vice versa, speeding up the

economies of both countries and providing human capital and products which otherwise would not

be available to the consumer. Tightening business, diplomatic and cultural bonds allows the citizens

of both countries to live a better, wealthier and more modern life. Achieving these mutual benefits

would not be possible without arguably the most important innovation of all: changing our way of

thinking, which was mentioned earlier. Poland and the US have always maintained close

relationships, however, the level of life we live today was reached only recently. What changed? We

became more open-minded, more informed and better educated. We finally understood that joint

thinking pays.

Innovation is everything. Innovation is life. Innovation is what makes us different from other

species. Thanks to our cognitive abilities we now are where we are. We have invented language,

agriculture, civilization, we have undergone the industrial revolution, and right now we are on the

edge of new substantial event which will change our lives forever. We may be certain about it,

because the only constant thing in life is change. It is now our task to direct those changes in the

good direction, the direction of progress and innovation. The only way to achieve this is to

strengthen our mutual Polish-American relationships and to educate the future generations. We are

a part of a much longer process, and the responsibility of maintaining this trend of progress and

innovation lies in our hands.


CMS advises listed Polish household appliances company, Amica, on the acquisition of the UK-based CDA.

CMS has advised Poland-based manufacturer and wholesaler of household appliances Amica Wronki S.A. (“Amica”) on the purchase of the entire issued share capital of The CDA Group Limited (“CDA”), a UK-based retailer of high quality kitchen appliances, from its shareholders, three individuals, for GBP 24.3m. The financing of the acquisition was partly funded from Amica’s own funds and partly via a bonds issue.

 

The transaction will expand Amica’s existing network which spans across Poland, Germany, the Russian Federation, the Nordic countries, the Czech Republic, Slovakia and now the United Kingdom.

 

The deal represents one of the largest private investments in the UK from Poland and is another prime example of CMS’ ability to deliver seamless advice across multiple jurisdictions, the lawyers on this transaction being based in Warsaw, London, Glasgow, Bristol and Edinburgh. 

 

The CMS team advising Amica was led by Graham Conlon (English-qualified corporate and private equity partner based in Warsaw) and Valentina Santambrogio, with invaluable assistance from Paulina Lasocka-Wysoczańska, Grzegorz Pączek , Kyle Abrey, Charlotte Higgins, Robert Lammiman, Anna Spichenko, Vitalii Mainarovych, Dawid Koruba, Simon Howley and Jakub Lerner (Corporate), Eileen MacMahon and Fraser Vandal (Employment), Sally Badham and Marcin Patrzala (Real Estate), Alexandra Tuck, Arkadiusz Michaliszyn, Jim Hillan, Tair Hussain, Agnieszka Sałuda, Łukasz Dynysiuk, Anna Burchner and Philip Reid (Tax), Caroline Hobson (Competition), Jacek Liput, Krzysztof Sikora, Michał Derdak and Agnieszka Starzyńska (Commercial, Regulatory and Disputes), Alistair Hill and Mathew Boyle (Pensions) and Valentina Keys (Environment).


WHITE & CASE ADVISES BANK CONSORTIUM ON €350 MILLION BONDS ISSUANCE BY PZU FINANCE AB

Global law firm White & Case LLP has advised a consortium of banks that included Bank of America Merrill Lynch, Deutsche Bank, Goldman Sachs International, Santander GBM and Societe Generale Corporate & Investment Banking on the issuance by PZU Finance AB (publ) of registered bonds of a total nominal value of €350 million.

 

The bonds were issued on October 16, 2015 and bear interest at the fixed rate of 1.375 percent per annum. Interest on the bonds will be paid once a year and they will be redeemed on July 3, 2019. The bonds were listed on the regulated market of the Irish Stock Exchange on the basis of an issue prospectus approved by the Central Bank of Ireland. The bonds were assimilated with a previous bond issuance made by PZU Finance on July 3, 2014 and create a single series of bonds with a nominal value of €500 million. White & Case also advised on the previous bond issuance.

 

The White & Case team which advised on the transaction was led by partner Marcin Studniarek (Warsaw) and included partner Doron Loewinger (London) and associates Michał Petz, Magdalena Chałas (both Warsaw) and Catherine Andrews (London).

 

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WHITE & CASE ADVISES BANK CONSORTIUM ON FINANCING OF EUROCASH S.A.

Global law firm White & Case LLP has advised a consortium of banks consisting of Bank Zachodni WBK S.A.Bank BGŻ BNP Paribas S.A.Bank Gospodarstwa KrajowegoBank Polska Kasa Opieki S.A. and mBank S.A. on the financing in the form of a revolving credit of up to PLN 700 million (around US$180 million) for Eurocash S.A. 

 The funds made available to Eurocash will be used to repay part of its existing short term financial debt and for the company’s general corporate purposes.

The Eurocash group is a leader in the wholesale distribution of fast moving consumer goods, household detergents, alcohol and tobacco products. It is also the franchiser of a number of retail stores including Groszek, Delikatesy Centrum, Polska Sieć Handlowa Lewiatan and the ABC trade network. 

The White & Case team in Warsaw that advised on the transaction included partner Tomasz Ostrowski and associate Sylwia Opiatowska 

White & Case

White & Case LLP is a leading global law firm with lawyers in 39 offices in 25 countries. Among the first US-based law firms to establish a truly global presence, we provide counsel and representation in virtually every area of law that affects cross-border business. Our clients value both the breadth of our global network and the depth of our US, English and local law capabilities in each of our regions and rely on us for their complex cross-border transactions, as well as their representation in arbitration and litigation proceedings.


CMS wins Legal Advisor of the Year for the chemical sector

CMS has received the “Diamonds of Polish Chemistry” award (Diamenty Polskiej Chemii) for best legal advisor. This prestigious award is granted at the Chemical Industry Forum & Awards Gala, organised by the Executive Club.  A jury of experts grants the award to distinguished individuals and companies who have contributed to strengthening the Polish chemical industry’s competitiveness and international reputation.  “The Polish chemical industry is at an interesting moment – on the one hand, large scale innovative investments are being made, while on the other hand it faces numerous challenges, such as high energy consumption and dependence on raw material supplies which, in the current economic and political situation, significantly impact the development of the industry. Regulatory issues at the national and EU level are also important. They hugely affect the outlook for the industry and require skillful management of legal risk,” says Karolina Siedlik, CMS partner responsible for legal advice in the chemical industry.  CMS cooperates with leading chemical and petrochemical companies in Poland, providing advice on regulatory matters and investment projects at every stage of implementation (including financing), as well as on environmental issues.   Last year, CMS began working on the largest chemicals projects in Poland, in cooperation with Grupa Azoty Zakłady Chemiczne Police S.A. and PKN Orlen, among others.   In addition to providing consulting services to Polish and international companies in the chemical industry, CMS is an active member of PIPC, acting in the Commission on Sustainable Development


Squire Patton Boggs adivsed at the first PPP hospital

Squire Patton Boggs, Wolf Theiss DLA Piper, CDZ Law, and SDZ Legal have advised InterHealth Canada, and CMS has advised the EBRD, FM Bank PBP, and Alior Bank, on agreements for the design, construction, equipment, operation, and transfer of Zywiec Poviat PPP Hospital in Poland, in what the parties are describing as "a landmark structured transaction for a new build Integrated Healthcare PPP.”

A cross-border Squire Patton Boggs team led by partner Peter Swiecicki (Warsaw) has advised client InterHealth Canada Limited on the finance documents for a new hospital in Żywiec, Poland. Structured as an “integrated public-private partnership” (facilities and clinical operations) this will be the first PPP healthcare facility in Poland.

On 7 September 2015, InterHealth Canada Limited and the lenders, EBRD, FM Bank PBP and Alior Bank, signed the Term Facilities Agreement along with key finance documents; and FM Bank PBP and InterHealth Canada signed the VAT Facility Agreement. Construction will start once financial close is reached, although certain preparatory works may start sooner. The New Zywiec Poviat Hospital is on target to admit patients in late 2017/ early 2018.

Working alongside Peter Swiecicki were associate Malgorzata Olech (SPB Warsaw), Financial Services partner Claire Shepherd (SPB Manchester) on English law issues, and co-leader of the Healthcare Practice Group Stephen Nash (SPB Denver) as Responsible Attorney for the client.

The long-awaited and highly needed new hospital in Zywiec will bring significant benefits to the local community and provide them with access to top-quality, comprehensive healthcare services, including general acute care services and ambulatory care, prophylactic medicine, elective procedures and cutting edge diagnostics. The construction of the hospital will take two years to complete. This will be followed by a period of commissioning. The hospital will begin to admit patients in late 2017/ early 2018.

It will be operated and managed by InterHealth Canada until 2045, after which it will be returned to Zywiec Poviat in accordance with the PPP Agreement. It is expected that other districts in Poland and governments in the CEE will seek to replicate the Zywiec PPP model.


CMS advises on the IPO of InPost S.A.

CMS has provided legal advice in the course of Inpost SA’s IPO to managers: IPOPEMA Securities S.A., Wood & Company Financial Services and Alior Bank S.A. Brokerage House. The IPO of the largest independent postal operator in Poland saw the offer of existing shares worth over PLN 121 million. Integer.pl SA Group will use proceeds from the sale of the shares to further develop its network of parcel machines (paczkomaty™).
InPost’s IPO involved the sale of 4.85 million shares of the previous owner of Integer.pl Inwestycje, of which 17.4% went to individual investors and 20% to the European Bank for Reconstruction and Development. The share price was set at PLN 25.


The IPO, which took place on 13 October this year at the Warsaw Stock Exchange, is one of the largest public offerings carried out at the WSE in 2015.


In September, CMS announced the expansion of the Capital Markets Team in Poland and the strengthening of its position in the area of IPOs, bond issues and withdrawals of companies from public trading. InPost’s IPO is the first public offering prepared by the expanded CMS team, joined by Michał Pawłowski, partner and head of the team, Rafał Woźniak, Of Counsel, and Magdalena Trzepizur, a lawyer specialising in capital markets law.
“Recently we have seen growing interest in IPOs from other companies. The success of InPost’s IPO is an important factor when they make decisions about the direction of their development. InPost’s success may be a strong argument for the development via the stock exchange,” says Michał Pawłowski, partner at CMS and head of the Capital Markets Team. “This transaction proves that good companies may debut on the Warsaw Stock Exchange successfully, even in difficult times for the capital markets,” adds Rafał Woźniak, Of Counsel in the CMS Capital Markets Team.


Kozminski’s Lions 2015 to CMS

Michał Pawłowski, partner at CMS in Poland, has been awarded the “Kozminski’s Lions 2015” award in the “Lawyer” category assigned by Kozminski  University. According to the Financial Times, Kozminski is one of the 50 best business universities in Europe.  The purpose of the “Kozminski’s Lions” competition is to distinguish alumni who have achieved professional success and whose career path can be an example for other students and alumni of the university.  The Jury evaluating candidates this year has taken into account such criteria as candidate’s career path and its dynamics, market position and brand of the company. The competition is divided into three categories: Manager, Entrepreneur and Lawyer.

 

Michał Pawłowski joined CMS in September 2015 as a partner to lead the Capital Markets Team within the transactions practice in Poland. He has advised in the most importanttransactions involving listed companies on the Polish market, such as, for example (valued at more than EUR 4 billion) the takeover of Bank Zachodni WBK by Banco Santander, the leading Spanish financial group, as well as the merger of Bank Zachodni WBK and Kredyt Bank SA. He is an advocate, a Doctor of Law and an economist. For many years he has specialised in capital markets transactions, commercial law and securities law. He represents clients in public share offers (primary and secondary), bond issue programmes,delisting (P2P) as well as mergers and acquisitions. He is a graduate of the Adam Mickiewicz University in Poznań (Law) and Poznań University of Economics (Economics). He now teaches at Koźmiński University in Warsaw. Prior to joining CMS, Michał gainedexperience at law firm DLA Piper, where he co-founded and coordinated the capital marketsteam (most recently as counsel in the Corporate Law Department). He has also worked at White & Case.


The Future of the United States

Spurred by the presidential election in 2016 – and because this election will play a critical role in the nation’s progress over the next decade – Frost & Sullivan has undertaken a comprehensive study of the future of the United States, analyzing the many Mega Trends that will affect American citizens and business through 2025.  This webcast will provide an overview of key findings from this research and will explore some of the themes that emerged throughout our research, including:

• How expanding data frontiers will force companies to find ever-more-creative ways of keeping pace with rapidly evolving technology
• America’s “network culture” that connects communities and friends, and how virtual relationships across geographies are redefining families, friendships, and professional networks
• The reality of the new “human-centric” workplace and how it will become key to employees’ future health, wellness, and happiness
• The intersection of the collaboration and competition economies, and how companies will take advantage of more opportunities to share assets and form partnerships, while simultaneously trying to compete in a crowded field and amid rapidly evolving customer dynamics

Live online Sep 30 4:00 pm United Kingdom - London or after on demand 75 mins

Register for free 

https://www.brighttalk.com/webcast/5562/172851


CMS bolsters capital markets team

CMS is expanding its range of services in Poland. Within the transactions practice, the Capital Markets Team is taking on new staff. Partner Michał Pawłowski joined on 1 September to lead the team. On 1 July, of counsel Rafał Woźniak joined the team, along with Magdalena Trzepizur, a lawyer specialising in capital markets law.

The new team will strengthen CMS’s position in the area of IPOs, bond issues, delisting and public to private transactions. The new lawyers bring CMS experience in the most important transactions involving listed companies on the Polish market, such as, for example (valued at more than EUR 4 billion) the takeover of Bank Zachodni WBK by Banco Santander, the leading Spanish financial group, as well as the merger of Bank Zachodni WBK and Kredyt Bank SA. 

Michał Pawłowski is an advocate, a Doctor of Law and an economist. For many years he has specialised in capital markets transactions, commercial law and securities law. He represents clients in public share offers (primary and secondary), bond issue programmes, delisting (P2P) as well as mergers and acquisitions.

He is a graduate of the Adam Mickiewicz University in Poznań (Law) and Poznań University of Economics (Economics). He now teaches at Koźmiński University in Warsaw.

Prior to joining CMS, Michał gained experience at law firm DLA Piper, where he co-founded and coordinated the capital markets team (most recently as counsel in the Corporate Law Department). He has also worked at White & Case.

Of counsel Rafał Woźniak will advise on capital market transactions, commercial law, corporate matters and bond issues. Recently he advised on the initial public offerings of companies such as Poznańska Korporacja Budowlana Pekabex SA and Enter Air SA.

Prior to joining CMS Poland Rafał worked for the Warsaw office of DLA Piper. He is a Doctor of Law and a graduate of law and political science from the Nicolaus Copernicus University in Toruń.

An expert in capital market law and company law, Magdalena Trzepizur will support CMS’s clients in primary and secondary public offerings, mergers and acquisitions as well as other transactions involving public companies. She has advised issuers of securities as well as brokerage houses and investment banks on IPO and SPO processes. More recently she has participated in the preparation of initial public offerings of shares for, among others, Poznańska Korporacja Budowlana Pekabex SA and Enter Air SA. Prior to joining CMS, Magdalena worked at the Warsaw office of DLA Piper. She graduated from the Faculty of Law and Administration at the University of Silesia in Katowice.

Together with the new lawyers, the Capital Markets team includes other experienced CMS lawyers: Dariusz Greszta, partner, Zuzanna Jurga, senior lawyer, Rafał Kluziak, lawyer and Dawid Koruba, lawyer.

CMS is an international law firm that provides comprehensive legal and tax advice to companies, financial institutions and administrative bodies. We are one of the largest and most experienced international law firms in Poland – we have operated on the Polish market for over 20 years.

The CMS office in Warsaw has 140 lawyers who advise clients from all key sectors of the economy. For more information see: http://www.cms-cmck.com/Poland

 

 


Women! Let’s work together!

Women! Let’s work together!

We are very proud to announce that Beata Stelmach, GE’s CEO for Poland and the Baltics, has received an honorary decoration for her services to the Polish economy’s development – the award given in person by Janusz Piechociński, Poland’s Deputy Prime Minister. The official gala was organized by the “Women’s Activeness” Association and held last Friday in Wroclaw, Poland. The award ceremony was preceded by a conference called “Economy is a Woman” which had the aim of promoting women’s activeness in business. The participants could listen to success stories from well-known businesswomen and gain advice from more experienced colleagues and the network.

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White & Case advised in connection with the sale of shares of Polenergia S.A. amounting to PLN 189 mln through ABB.

White & Case advised in connection with the sale of shares of Polenergia S.A. amounting to PLN 189 mln through ABB.

White & Case P. Pietkiewicz M. Studniarek i Wspólnicy – Kancelaria Prawna sp.k., which belongs to the global law firm White & Case LLP, acted as the exclusive counsel in connection with the sale by Mansa Investments sp. z o.o. (a wholly-owned indirect subsidiary of Kulczyk Investments S.A.) of 15.4% of Polenergia S.A. shares amounting to PLN 189 mln through accelerated book-building.

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WHITE & CASE REPRESENTS UNDERWRITERS IN CONNECTION WITH THE IPO OF UNIWHEELS AG

Global law firm White & Case LLP has advised Dom Maklerski mBanku S.A. acting as the Global Coordinator, Joint Bookrunner and Joint Offering Agent, mBank S.A. acting as the Underwriter and Bank Zachodni WBK S.A. acting as the Joint Bookrunner, Joint Offering Agent and Underwriter, on the USD140 million initial public offering and listing of shares of Uniwheels AG on the Warsaw Stock Exchange.

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GE Drives Dialogue on Regional Change

As most of the countries in Central and Eastern Europe (CEE) are now working on new energy policies, it is the right time to make bolder decisions on how the energy transition can be implemented in order to boost competitiveness in the region. That is why GE together with its partners: Lewiatan, a Polish confederation of private employers and the American Chambers of Commerce from Poland, Czech Republic, Lithuania, Latvia and Estonia organized on May 7 in Warsaw the regional multistakeholder debate “How to Drive Energy and Industrial Growth in Central and Eastern Europe?”. The discussion gathered representatives of governments, regulatory, science  and European institutions as well as business leaders from 7 countries.

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AmCham as a Patron of XI International MBA Congress

Amcham is the Patron of XI International MBA Congress taking place from May 15 to 17 in Cracow. The event is organized by the Kraków University of Economics, and will gather representatives of Polish and foreign universities and leading experts and economists. The key note speaker will be Professor Charles Wankel, Ph.D., Associate Professor of Management in St. John’s University.

The participants will have the opportunity to take part in the networking events like study visits to selected companies (Coca Cola HSBC, MAN Trucks, Silgan White Cap, Woodward), official diner with charity auction and golf tournament.

 

 

More info in Polish

 

For more information , see www.kongresMBA,pl or contact: This email address is being protected from spambots. You need JavaScript enabled to view it.


Squire Patton Boggs Advises MCI Management as Leading Investor on Auctionata's EUR 42 Million Funding Round

Squire Patton Boggs Advises MCI Management as Leading Investor on Auctionata's EUR 42 Million Funding Round.

Squire Patton Boggs has advised MCI Management, the leading investor in the Auctionata online auction house's series C financing round with a total new investment of EUR 42 million (USD 45 million). Auctionata — which was represented by Hogan Lovells — also welcomed Hearst Ventures from New York (which was represented by Taylor Wessing), leading growth investor Kreos Capital from London, and Yuan Capital from Hong Kong as new investors.

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Double success for CMS Poland’s Tax Team

Congratulations! Double success for CMS Poland’s Tax Team! 

In the 9th Annual Ranking of Tax Advisors by Dziennik Gazeta Prawna (one of the leading economic dailies in Poland) CMS Polska Tax Team was recognised as the Best as well as the Second Most Effective tax team in Poland, in the category of small tax firms. The ranking considered various criteria, including turnover per tax team fee earner, number of clients, complexity of cases, influence on the market and tax payers, quality and innovation. This is a spectacular result, especially taking into account that this relatively small tax team acts on projects that tax advisory giants would be delighted to work on. CMS has also beaten other international law firms – none of them was ranked number one in any of the categories.

The comprehensiveness of our offer and our long-term cooperation with some key clients have been recognised in the ranking. Our advisory for Saipem SpA (ENI Group) and Techint SpA (two members of the Saipem-Techint-PBG consortium), with regard to the EUR 692 mln construction of the Liquefied Natural Gas (LNG) terminal in Świnoujscie – one of the most significant strategic investments in Poland – was noted and appreciated. Our work for Saipem covered the establishment and management of the investment as well as internal finance settlements. We also successfully represented the consortium in a dispute with Poland’s Minister of Finance. The case concerned the interpretation of VAT payment obligations by the Minister of Finance, with a disputed amount of more than EUR 240 mln. Three administrative courts judged in our client’s favour, securing this strategic investment with a tax breakthrough judgment.

CMS Polska Tax Team is run by Partners and tax advisors Arkadiusz Michaliszyn and Andrzej Pośniak. Team members are lawyers Agnieszka Sałuda, Piotr Nowicki and Łukasz Dynysiuk.


Firm’s Poland Private Equity and VC Leader is Appointed Partner

Firm’s Poland Private Equity and VC Leader is Appointed Partner at Squire Patton Boggs

 

Squire Patton Boggs is pleased to announce that its Head of Private Equity (PE) and Venture Capital (VC) in Poland, Michał Karwacki, has been promoted to Partner in the firm’s Warsaw office. Mr. Karwacki has some 15 years of transactional experience, with a special focus on the private equity and VC sectors.  Since joining Squire Patton Boggs’ Global Corporate Practice in May 2014, Mr. Karwacki has led the firm’s private equity and VC team in Poland by developing close relationships with local PE Houses that are extremely active in their markets.

Mr. Karwacki is known for his skills in managing and advising on all aspects and stages of private equity and VC transactions, from matching potential deal partners, and structuring and negotiating the deal to closing and post-completion work.  He has been involved in some of Poland’s leading transactions in the sector.  A well known commentator on the market and a key speaker at the recent 2015 Polish & CEE Private Equity Conference in Warsaw, Mr. Karwacki has been recognized by Chambers Europe 2014 as “a key figure with a strong track record in private equity”. He is also praised by clients and market observers in Chambers Europe as “a noteworthy lawyer who is thorough and committed”, and endorsed for his “energetic approach” as well as "efficiency, experience and excellent skill-set”.

Squire Patton Boggs is recognized as a leading adviser in the private equity and VC markets in Central and Eastern Europe. Since 2014 Mr. Karwacki has worked closely with colleagues in the firm’s Global Corporate Practice to develop the private equity and VC portfolio not just in Poland but also in neighbouring countries in the CEE region.  

Peter Święcicki, Squire Patton Boggs’ office managing partner in Warsaw, said: “We’re delighted to have Michał as a Partner in Warsaw. He has proven to be an inspirational colleague, delivering commercially astute advice to valuable clients and enhancing our market reputation through excellent deals. I’am sure that this is just a beginning of a promising careear for Michał and Squire Patton Boggs.”

 

About Squire Patton Boggs

Squire Patton Boggs is one of the world’s strongest integrated legal practices.  With 44 offices in 21 countries, the firm is renowned for its local connections and global influence, delivering comprehensive legal services across North America, Europe, the Middle East, Asia Pacific, and Latin America.   With expertise spanning all key sectors, the firm is also known for its preeminent public policy practice and deep-rooted relationships in Washington DC and Brussels.  For more information, visit www.squirepattonboggs.com

 

 

 

 


Analysis of President Obama’s State of the Union Address

President Barack Obama's State of the Union address. What to expect from the 114th Congress? Read Squire Patton Boggs analysis.

President Barack Obama delivered his State of the Union address to a joint session of Congress on Capitol Hill on Tuesday, Jan. 20, 2015, in Washington. Given six years to the day of his first Inaugural Address, this was his first address to a Congress under Republican control. What to expect from the 114th Congress?

We reccomend to read the Squire Patton Boggs analysis of President Obama’s State of the Union Address and believe, AmCham members will find it of interest given the global importance of the US economy


KPMG FORUM 1/2015

KPMG FORUM is a Polish-English quarterly where experts from KPMG in Poland share their professional expertise in audit, taxation, as well as strategic, operational and legal advisory services.

Articles in this issue:

  • ‘Independent supervisory board members: a choice or a necessity?’ – Monika Bartoszewicz
  • ‘Practical issues in the application of the amended provisions of the Corporate Income Tax Act with respect to thin capitalization’ – Rafał Ciołek, Dominika Łabędzka
  • ‘Online or offline? Omni-channel selling as a challenge for service retailers’ – Jan Karasek, Andrzej Musiał, Piotr Kwiatkowski
  • ‘Property Lending Barometer 2014. A survey of banks on the prospects for real estate lending in Europe’ – Steven Baxted
  • ‘Differences in valuation of private and public companies’ – Tomasz Wiśniewski, Jacek Komór
  • ‘When lending to a natural person, better check their self-employment status’ – Katarzyna Zwolińska-Sosnowska

Downloand now click HERE

KPMG FORUM is a Polish/English quarterly, printed on recycled paper, authored by KPMG experts from the Polish practice. Based on their professional experience, the authors explore the challenges and problems arising in their daily work. The magazine includes current publications that are valuable in terms of business and address the issues of audit and tax, as well as strategic, operational and legal advisory issues.

More information about KPMG FORUM

Materials received from KPMG Sp. z o.o. kpmg.pl


White & Case Advises Synthos S.A. on €350 Million Senior Notes Issuance

Global law firm White & Case LLP has advised Synthos S.A., one of the largest European producers of chemical raw materials, on the issuance of senior notes with a total value of 350 million. The notes have been issued by Synthos Finance AB (publ), a special purpose vehicle with a registered office in Stockholm, Sweden and a wholly owned subsidiary of Synthos S.A.

The bonds were issued under a private offer to selected institutional investors, pursuant to Regulation S and Regulation 144A of the U.S. Securities Act of 1933. The agreement on the conditions of the bond issue is governed by the law of the State of New York, USA. The bonds are unsecured with a stable interest rate of 4.00 percent per annum reaching final maturity in 2021. The bonds are listed on the Irish Stock Exchange and admitted for trade on the Global Exchange Market.

 “This was a complex project involving Polish, Swedish, Czech and American law, bringing together several teams of White & Case lawyers, from the capital markets practice as well as banking and finance, acting simultaneously in several of our offices,” said White & Case partner Andrzej Sutkowski, who coordinated Synthos’ issuance of bonds. “In the last year the Firm has actively advised on all high yield bonds issued by Polish companies, which clearly demonstrates our reputation among law firms advising on debt instruments.”

The Firm advises on projects including the issuance of bonds by P4 (the Play operator), TVN S.A. and PZU S.A.

The participating banks included BNP Paribas, Citigroup Global Markets Limited, Deutsche Bank AG, London Branch, Banco Santander S.A., ING Bank N.V., London Branch, Powszechna Kasa Oszczędności Bank Polski S.A. and UniCredit Bank AG.

The White & Case team in Warsaw advising Synthos S.A. was led by partners Marcin Studniarek and Andrzej Sutkowski. They were supported by local partner Tomasz Ostrowski and associates Bartosz Smardzewski, Monika Dużyńska, Aneta Urban and Sylwia Opiatowska; partners Rob Mathews and Jill Concannon and associates Annie Serafim and Jennifer Reiss in London; partner Carl Hugo Parment and associates Michael Bark-Jones, Petter Alberts and Emil Björkhem in Stockholm; local partner Eva Svobodová, counsel David Ilczyszyn, and associate Ondřej Bartoň in Prague; and partners John Donovan and Gregory Little in New York.

 


Prologis Acquires 50,000 Square Metres in Poland From Invesco Real Estate

Prologis, Inc., the global leader in industrial real estate, and Invesco Real Estate (IRE), the global real estate investment manager, announced that Prologis European Properties Fund II (“PEPF II”) has solely acquired a high-quality logistics facility in Poland from IRE’s flagship pan-European
open-ended strategy.Renamed Prologis Park Stryków II, the facility comprises 50,000 square metres and is 100-percent leased to Castorama. It is located 18 kilometres southwest of Łódź city centre and 2 kilometres from the intersection of the A1/E75 highway (Gdansk-Vienna) and the A2/E30 highway (Berlin).

The transaction follows the first acquisition by PEPF II from Invesco Real Estate of two logistics facilities in Poland and Hungary, totalling 94,200 square metres, in July.

“This acquisition is a unique opportunity to purchase a premium-quality asset,” said Ben Bannatyne, managing director, Prologis Central and Eastern Europe. “This facility complements PEPF II’s existing portfolio and meets rising demand for well-located logistics infrastructure in Poland.”

Tomas Picha, Director, CEE Transactions at Invesco Real Estate, said: “The successful sale of Castorama confirms the continued demand among institutional investors for core assets in Poland. This demand, combined with our active management of our client‘s investment objectives, meant the timing was optimal for us to sell this outstanding asset. However, we continue to have a strong interest in the region on behalf of our existing investment mandates.”


Hilton Warsaw Hotel & Convention Centre Announces New Sunday Lunch

Hilton Warsaw Hotel & Convention Centre is now expanding its culinary offer by introducing the new Sunday lunches at Meza restaurant.

With the start of the autumn season, the hotel will introduce a completely new concept of a Sunday meal. “By launching our Sunday lunch, we would like to fill a gap on the Warsaw market,” said Erwin Verhoog, general manager, Hilton Warsaw Hotel & Convention Centre. “Sunday brunches are becoming more popular among locals, and almost all top-pier hotels offer one. They are all sophisticated buffets, looking to impress with variety and preparation of food. Our lunch concept will be much more informal, designed in order to help our guests connect; spend some quality time with their family and friends over a meal.”

That is why the new menu, created by the hotel's celebrated chef Sven Thomsen, will put an emphasis on fresh, homemade dishes served directly to the table for the guests to share. It will feature all time Sunday lunch favorites, from warming soups to the oven roasted chicken to juicy BBQ pork ribs, as well as brunch classics such as eggs Benedict, grilled sausages and pancakes. The price is only 99 PLN per adult including water, with children up to 6 eating for free and those from 6 to 15 years old enjoying 50% discount. Those who would like to upgrade their lunch with unlimited beer and wine and a glass of Prosecco on arrival can do it for as little as 49.50 PLN per person. The additional beverage package will also include soft drinks for children free of charge. Parents will certainly be happy to know that the hotel will provide creative childcare for their kids as well as healthy food options within the children’s menu. Live piano music will also undoubtedly contribute to the homely atmosphere.

To learn more please visit www.hilton.com/offers


2014 Mid-Term Congressional Analysis by Squire Patton Boggs

To help you get a better sense of what the US Congressional mid-term elections could mean for your business in the United States in the next two years, Squire Patton Boggs has prepared an analysis of the election results. Please find a link to this up-to-the-minute 2014 Mid-Term Congressional Analysis here: Post Election Analysis

This analysis highlights What to Expect from the 114th Congress in the Run Up to the 2016 US Presidential Election.  It provides an in-depth analysis of the issues that the new Congress will face, covering Appropriations/Budget, Defense and National Security, Education Policy, Energy and the Environment, Financial Services, Food and Agricultural Policy, Healthcare Policy, Homeland Security and Cybersecurity, International Policy Issues, Tax Policy, Technology and Communications, Trade Policy, and Transportation and Infrastructure.

Frank Samolis, a Squire Patton Boggs Partner and one of the co-authors of this Analysis, will be providing a briefing for AmCham members on Friday, 14 November at 9:30, and will be available to provide more background on the election results, the incoming Congress, and particularly on Trade Policy issues.


Polish "Ethical Company" Contest: GE and Orlen as Partners

Puls Biznesu daily announced the start of the “Ethical Company” initiative – the project supported by PwC with GE and Orlen Companies as partners. Please see attached the interview (Puls Biznesu daily, Nov. 5) with Beata Stelmach, GE CEO Poland&Baltics (interview available in Polish only).

For more details please read the below post on the GE for CEE blog:

http://geforcee.geblogs.com/proving-our-transparency/

Please share the “Ethical Company” initiative link with your business partners and engage them to participate in the contest. All the materials under the link available in the Polish language.

Companies that in the most comprehensive way have undertaken action aimed at building and strengthening organizational culture, and which show the highest activity in this area compared to other companies in Poland are asked to participate!

 

 


Regent Warsaw Hotel in Warsaw is Awarded the 5-Star Category

The Regent Warsaw Hotel, a prestigious Warsaw hotel located in the direct vicinity of the Łazienki Park, has just received its fifth star.

Unlike in the case of being part of a network, the Regent Warsaw hotel’s competitive advantage includes the local management team’s ability to make quick and flexible decisions concerning the hotel’s future. Thanks to this, new ideas aimed at attracting guests to the place have already been implemented. The program for families with children has been expanded and a broad wedding portfolio has been introduced along with winter conference and Christmas offerings.

The Regent Warsaw Hotel invites you all to spend Christmas with us and welcome the New Year at a Crystal Ball in the atmosphere of the roaring twenties.


'KPMG Forum' Publication 3/2014

KPMG FORUM is a Polish-English quarterly where experts from KPMG in Poland share their professional expertise in audit, taxation, as well as strategic, operational and legal advisory services.

Articles in this issue:

  • ‘Value of audit: Time for a change’ - Stacy Ligas
  • ‘Modern decision-making support tools’ – Krzysztof Radziwon, Radosław Kowalski
  • ‘Amendments to the act on taxes and local fees with respect to real property tax’ – Agata Małecka
  • ‘The strategic dimension of innovation’ – Jerzy Kalinowski, Kiejstut Żagun
  • ‘Private equity a way to grow business’ – Rafał Wiza, Piotr Grauer
  • ‘Online portals to become a priority for Polish non-life insurers’ – Piotr Kondratowicz
  • ‘How the form of business activity impacts taxation’ – Tomasz Kamiński
  • ‘Can a court fee be recovered in respect of appeals against decisions made by the National Chamber of Appeal?’– Mikołaj Zdyb.

Downloand now click HERE

KPMG FORUM is a Polish/English quarterly, printed on recycled paper, authored by KPMG experts from the Polish practice. Based on their professional experience, the authors explore the challenges and problems arising in their daily work. The magazine includes current publications that are valuable in terms of business and address the issues of audit and tax, as well as strategic, operational and legal advisory issues.

More information about KPMG FORUM

Materials received from KPMG Sp. z o.o. kpmg.pl

 


Fulbright Days in Poznań - Independence and Innovation our Road to Development

On November 20 – 21, 2014 The Polish – U.S. Fulbright Commission in cooperation with the Poznan University of Technology and Adam Mickiewicz University in Poznan, is organizing a conference: Fulbright Days in Poznan- Independence and Innovation our Road to Development.

The aim of the event is to conclude the celebrations of the 55-th anniversary of the Fulbright Program in Poland and to present Poznan as an innovation hub and vibrant academic center. The conference is addressed to all interested in cooperation with American universities and academia circles as well as with American entrepreneurs. The program will include lectures, workshops and discussion panels. Successful business and science partnerships will be presented through specific case studies. Discussion panels will elaborate on the plans and needs of the Polish - American scientific exchange and academic cooperation . The workshops will focus on publishing in indexed journals as well as on personal presentation skills. The speakers include Fulbright’s current U.S. grantees, Polish and American alumni of the Program, graduates of the TOP 500 Innovators Program and leading business representatives . The conference will be conducted in English. The organizers do not provide simultaneous translation . For students and academia there is a special registration fee: of 49 PLN (students) and 99 PLN ( academia ).

Details of the event and the registration form can be found at : www.fulbright.edu.pl/poznan

 


Dentons advises on another major CEE cross-border deal in the logistics sector

Dentons’ Global Real Estate team acted as legal counsel to P3, the specialist owner, developer and manager of European logistics properties, on the acquisition of a portfolio of three logistics parks, two of which are located in Poland and one in Romania, from CA Immobilien Anlagen AG.  The portfolio totals 467,000 sq.m. of lettable area. The transaction also includes approximately 165 hectares of land for development, principally in Poland and Romania.

In Poland, the 177,000 sq.m. park at Blonie is situated in close proximity to the Warsaw city center, with links to the A2 motorway to Poznan and Berlin. Tenants include large traditional and online retailers like Bayer, IBM, Orange, Triumph and Allegro. The park also offers 17 ha. of development land. The second park is located near Piotrkow, South East of Lodz in central Poland. It provides 75,000 sq.m. of space and direct road links to Warsaw, Wroclaw and Katowice. The park is on a 120 ha. plot, offering scope for development.

The Bucharest Park is the largest of the three standing assets acquired by P3, consisting of 215,000 sq.m. of almost fully occupied space and 40 ha. of land for development. It is a major center for third-party logistics providers, due to its direct access to the A1 motorway heading westwards and the park’s freight handling facilities as part of the pan-European rail corridor linking Dresden and Nuremberg to Istanbul. The park’s location, on the city’s principal ring road and its close proximity to central Bucharest, attracts both e-commerce tenants as well as multinationals such as Carrefour.

Evan Z. Lazar, Co-Chairman of the Global Real Estate Group at Dentons added: “The logistics sector continues to be attractive in Central and Eastern Europe and this is yet another significant cross-border transaction on the warehouse market that Dentons advised on this year.” 

 


CIMA introducing an updated syllabus and assessment method for its professional qualification starting from January 2015

The Chartered Institute of Management Accountants is the world’s largest and leading professional body of management accountants, with over 218,000 members and students in 178 countries.

CIMA students and members work at the heart of business in industry, commerce, the public sector, and non-profit organisations. CIMA works closely with employers and sponsors leading-edge research, constantly updating its qualification, professional experience requirements and continuing professional development to ensure it remains the employers’ choice when recruiting financially-trained business leaders.

In 2011 CIMA and the American Institute of Certified Public Accountants (AICPA) launched a joint venture that gives management accountancy a far higher profile in the United States and promotes its development across the world. The step, which required ratification from the institutes’ respective governing bodies, combines the strength of the AICPA in North America with CIMA’s presence in Europe, Middle East, Africa, Asia and elsewhere.

What is new?

Our 2015 CIMA Professional Qualification Syllabus aims to address the ‘employability’ needs of businesses and people. The updated syllabus and assessment will help to produce competent and confident management accounting professionals who can guide and lead their organisations to sustainable success.

How employers benefit

We have created a powerful, globally consistent management accountancy standard that’s built on a deep understanding of the business needs of employers around the world. Employability is a core concept for everybody associated with CIMA.

There is increased flexibility for employees in taking their tests ‘on demand’. This will make it easier for employers to plan staff resources. There is also a more rigorous assessment of high-level competencies and an expectation of a fuller understanding of the topics that key employers have helped to define.

Why is it changing?

Our aim has been to make the syllabus more relevant to employers by ensuring the learning experience of candidates matches the real world of business. Through over 60 face-to-face meetings, roundtable discussions with over 200 organizations and a global online survey, we have worked closer than ever before with employers, members and students around the world to make sure we deliver the changes you need.

For more information please contact Daniel Idzkowski, Business Development Manager CEE, CIMA: This email address is being protected from spambots. You need JavaScript enabled to view it. or +48 784 008 603.


Prologis Agrees Development at Newly-Acquired Site at Prague Airport

Prologis Agrees Second Development at Newly-Acquired Site at Prague Airport - 31,000 Square Metre build-to-suit for ČERVA  

Prologis, Inc. (NYSE: PLD), the global leader in industrial real estate, announced that it has signed a lease agreement with ČERVA for a build-to-suit (BTS) development of 31,190 square metres at its recently-acquired Prologis Park Prague-Airport.

The new project for ČERVA, a wholesale personal protection equipment supplier, is the second at Prologis Park Prague-Airport, following a speculative logistics facility of 30,000 square metres. The building will feature modern cross-dock facilities, including an outside ramp for side loading.

“As we have been co-operating with Prologis for more than six years in this region, we are most confident in this expansion and in Prologis’ ability to deliver a quality and tailored facility to our specific requirements,” said Albert Giliaev, Chairman of ČERVA.

“We are delighted that ČERVA has chosen Prologis to build its new state-of-the-art distribution facility at our Prologis Park Prague-Airport,” said Martin Polák, Senior Vice President and Country Manager for the Czech Republic & Slovakia, Prologis. “We only recently purchased Prologis Park Prague-Airport, so to be already embarking on our second project confirms that the park's prime location makes it one of the most attractive hubs for commercial development in the area.”  

Prologis Park Prague-Airport is located by exit 7 on the R6 highway, just five minutes from Prague Václav Havel Airport, three minutes from the Prague Ring Road and 10 minutes from the D5 highway, which connects Prague with Pilsen and onto Germany.

Prologis owns and manages a portfolio of more than 3.7 million square metres of logistic and distribution space in Central & Eastern Europe (as of 30 June 2014).

 


GE Presents its 3rd Edition GE Innovation Barometer Report

On July 22, 2014 GE presented the 3rd edition of the GE Innovation Barometer for Poland.

The results of the report were discussed during a media meeting hosted by Beata Stelmach, GE’s CEO for Poland and the Baltics, with Paweł Poncyljusz, Member of the Management Board of Avio Polska, and Leszek Grabarczyk, Deputy Director of the National Centre for Research and Development.

For more details please visit GE's blog:

http://geforcee.geblogs.com/glocalize-to-live-better/

Attached please find the Polish language version of the report (results for Poland) – please use it in your internal/external communication.

The full version of the global survey can be found at: http://www.ideaslaboratory.com/projects/
innovation-barometer-2014/

 


CH2M HILL Announces Restructuring

CH2M HILL announced today it is taking steps to restructure the company to achieve important business objectives, including enhancing client service, improving efficiency, reducing risk, creating more opportunity for profitable growth, and providing more long-term value for its stockholders.

Company officials explained that over the past several years, the corporate structure and overhead of the company has grown in anticipation of a future state that did not materialize. In response, the company is right-sizing its overhead structure in all global operating units to align with the company’s strategy.

This restructuring aims to gain over $US100 million in operational efficiencies, and will include reducing the company’s total workforce by about 5% (about 1,200 people out of about 26,000 worldwide). The company is offering a Voluntary Retirement Program for eligible employees in the U.S.

In addition, other activities already underway include a renewed emphasis on client service and sales, stronger focus on core markets, services and geographies, a right-sized office footprint, a more disciplined approach to risk mitigation and project delivery, and a refreshed strategy.

“From time to time, good companies adjust their businesses to the needs of their clients, their markets, and their aspirations. We’ve done this ourselves many times over the years,” said CEO Jacqueline Hinman. “We’re staying true to our values, and channeling the courage and passion our founders had for building a unique company, run by its employees, into the work ahead so we can continue to deliver on our purpose: to lay the foundation for human progress by turning challenges into opportunities.”

Hinman added, “We continue to win significant new work and deliver excellent work for our clients every day. We intend to retain our industry-leading position and provide long-term, sustainable growth that benefits our clients, employees and stockholders.”

 

 


Air Products Licenses Its ICEFLY® Cryogenic Machining Technology to Advanced Research Systems

Air Products has licensed its proprietary cryogenic machining technology to Advanced Research Systems, Inc. (ARS), a leading manufacturer of industrial and research cryogenic equipment, including ARS’ globally renowned low-temperature cryostats. The technology license agreement gives ARS extensive rights to Air Products’ patented ICEFLY® Cryogenic Machining Technology, which has been applied broadly to the machining of metals and polymer materials.

Included in the agreement is the transfer of ICEFLY® cryogen delivery equipment design information and cryogenic machining know-how developed by Air Products. ICEFLY cryogen delivery equipment is compact, easily retrofitted to automated machine tools and machining centers, and can deliver either a consistent, saturated stream of liquid nitrogen for metals machining or a preset low-temperature gaseous nitrogen stream for polymer machining. When used for metals machining, the vaporization of liquid nitrogen targeted at the cutting tool provides efficient cooling during the cutting operation, thereby enhancing tool life, enabling increased cutting speeds and feeds, and displacing the use of conventional coolants. When used for polymer machining, especially for applications within the medical segment where the use of traditional coolants may be undesirable or unacceptable, the equipment can deliver a predetermined low-temperature gaseous nitrogen stream to minimize and, in many cases, eliminate burrs on the work piece.

“We are confident that ARS has the engineering and cryogenic equipment fabrication capabilities to successfully apply, offer, and support ICEFLY Cryogenic Machining Technology in the machining marketplace,” said Jeffrey Knopf, manager, Licensing and Technology Transfer at Air Products. “We also welcome the opportunity to provide ARS customers with our safe and reliable liquid nitrogen supply. As a global industrial gas supplier and recognized leader in cryogenic technology applications, Air Products has the experience and know-how to help ARS customers determine the most efficient and economical nitrogen supply option to meet their specific needs.”

“We are pleased to offer ICEFLY Cryogenic Machining Technology as a licensee of Air Products and look forward to building on their applications and equipment design experience,” said Ravi Bains, president of ARS. Bains adds, “Collaboration between a technology and operations-focused company such as Air Products and a mid-size specialty cryogenics business such as ARS is an effective model to commercialize the cryomachining solution to the machining segment.”

ARS will offer applications expertise and market ICEFLY cryogen delivery equipment under a newly formed subsidiary called Industrial Cryogenic Technologies (ICT), a company that offers both ICEFLY equipment and turnkey offerings to integrate the cryomachining solution.

 


Wardyński & Partners Launches ‘In Principle’, a new Legal and Business Portal

In July 2014, Wardyński & Parnters lanched a new press title in Poland – the portal ‘In Principle’ (inprinciple.pl), in which lawyers from the organization discuss the nuances of law affecting businesses.

The portal is designed for managers and lawyers. Readers of the portal will find articles devoted to various industries and fields of laws, such as litigation, M&A, intellectual property, new technologies, real estate, banking and finance, and employment law. The portal also includes practical guides to litigation and M&A in Poland, as well as publications devoted to specific legal issues such as virtual currencies, subcontracting in public procurement, and reprivatisation. Changes in law and the most interesting new rulings from Polish and EU courts are also discussed. New articles will appear on the site at least once per week.

According to Jan Ciećwierz, adwokat and editor-in-chief of the portal, ‘In Principle’ was created out of a merger of the firm’s Litigation Portal and Transactions Portal. Thus on the official launch date the portal already contains over 1,500 articles. We write with businesses in mind. Today they need more than just a fundamental grasp of the law. We always strive to write simply but with precision. We believe it is the task of lawyers not only to provide legal services, but also to share their knowledge.

The firm has also devoted great care to the design of the graphics of the portal, which allude to the finest literary traditions.

To mark the launch of the portal, the firm’s Wardyński+ app for iPad and Android (in Polish) has also been updated. The app now provides users access to the most recent issues of “In Principle,” the portal’s archives, the firm’s Yearbook, and other publications by Wardyński & Partners.

 


White & Case Advises Play Topco S.A. on PIK Toggle Transaction

Global law firm White & Case LLP has advised Play Topco S.A., the indirect shareholder of Polish mobile telecoms operator P4 Sp. Z o.o., on its €415 million senior PIK toggle notes offering.

P4 Sp. Z o.o., which trades as Play, is a portfolio company co-owned by Olympia Development and London based investment firm, Novator. The proceeds of the transaction have been distributed to shareholders.

"We are pleased to have advised Play Topco S.A. on this important and strategic transaction," said White & Case partner Ian Bagshaw. "As the appetite for good credits in Europe's bond markets remains high the successful completion of this transaction demonstrates that PIK toggle bonds remain a viable option for capital raising."

The cross-border team from White & Case which advised Play Topco S.A. was led by partners Jill Concannon, Rob Mathews and Ian Bagshaw (London) and the wider team included partner Marcin Studniarek, local partner Daniel Kaczorowski (Warsaw), counsel Prabhu Narasimhan (London) and associates Nicole Vella, James Greene, Nicola Sole, Robert Hutton, Nilima Shah, David Nisbet (London), Rafał Kamiński, Marta Osowska and Magdalena Zmyslowska (Warsaw).

This is the second transaction on which the Firm has supported Play and its affiliates this year, having advised on the organisation's inaugural €870 million and PLN130 million dual-tranche high yield bond issue and entry into a new super senior revolving credit facility in February.

 

 

 


American Investor

The American Investor

The American Investor is the official quarterly publication of the American Chamber of Commerce in Poland. It is a voice for foreign investors and the business community in Poland,...

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