- Commercial Law
- European Union Law
- Labor Law
- Real Estate Law and Construction Law
- Gaming Law
Furthermore, it specializes in and provides legal consultancy in the areas of:
- Consumer protection
- Litigation agenda
- Administrative proceedings and justice
- Telecommunications, media and intellectual property
- Procurements and selection procedures/tenders
Within this agenda, we provide our clients primarily with the following legal assistance:
Business law and Corporate law
- the setting up, management and dissolution of all kinds of businesses and cooperatives
- proceedings conducted by the Commercial Register
- increasing and decreasing registered capital; capitalization of debts
- changes in legal forms, transfer of assets to the sole owner
- the running of of general meetings and other decision–making bodies of a company
- drafting contracts between partners (shareholders), a company and the members of its bodies
- representing shareholders (partners)
- relations within a group (holding)
- addressing contractual agenda (purchase contracts, contracts for work, licensing contracts etc.)
- proceedings conducted by the Trade Licensing Office
- dealing with securities
In addition, we arrange comprehensive consultancy assistance relating to tax optimization on both the Czech and international levels in cooperation with top experts in the area of tax law.
Mergers and Acquisitions
Within this specialization, we have considerable experience in legal consultancy in terms of transferring shares or ownership shares, whether it be during their sale or during their acquisition; moreover, we possess experience in terms of transfers of a business (or a part thereof) and hiring a business (or a part thereof).
Legal assistance provided by our law firm in relation to the above-mentioned areas usually includes the following:
- legal due-diligence
- arrangement of accounting and tax audits
- resolution of regulatory issues
- negotiation (especially contractual, and the related documentation)
- auditing and regulation of labor law relations (transfer of employees, collective agreements)
- assurance of administrative approval, permits and licenses
- setting up joint ventures
- squeeze out and the protection of minority shareholders
- post-acquisition restructuring
Merger and acquisition issues are carried out by the expert team of Becker a Poliakoff, s.r.o., which not only consists of experienced attorneys, but of other experts in the fields of economics, accounting and tax law. We are thus able to provide the ultimate comprehensive services in the sphere of M&A.
Having knowledge of the decision-making practices and procedures of the Office for the Protection of Competition as well as administrative courts, we provide:
- legal advice to all market participants in relation to anti-competition agreements, abuse of a dominant position and mergers of competitors
- advice on contentious issues in relation to market behavior and trading policies (of our clients or their competitors)
- representation of our clients and provision of legal consultancy in proceedings conducted by the Office for the Protection of Competition
- assistance with the preparation of documents for proceedings conducted by the Office for the Protection of Competition, drawing up suggestions and proposals for the commencement of administrative proceedings, drawing up appeals
- representation of our clients and provision of legal consultancy within administrative justice in terms of competition matters - reviews of a decision by the Office for the Protection of Competition, protection against their inaction and protection against unlawful interference by the Office for the Protection of Competition
- drawing up administrative appeals, cassation complaints, proposals for granting the suspensive effect of the appeal / cassation complaints and so on
- acting on behalf of the client in litigation for damages caused by breach of competition rules
Based on our extensive experience and our know-how which primarily includes consultancy in the area of renewable energy resources (mainly solar and wind power stations, biogas stations and cogeneration units) in the area of mining and processing of mineral resources and in the area of proceedings before the Energy Regulatory Office, we provide:
- legal advice in the area of energy regulation, acquisition and development of energy resources
- comprehensive legal services that take into account the specifics of business enterprises in energetics
- consultations regarding optimization of tax and asset structures within those entities running a business in the sector of energetics
In the area of personal data protection, we provide our clients with full documentation, including negotiations with the Office for Personal Data Protection. This includes agenda related to the collection of personal data for marketing purposes, or related to property protection (CCTV), overlaps of the privacy law onto other sectors (labor law or the protection of personality rights).
In the area of consumer law we particularly focus on:
- legal advice for clients whose end-users are consumers
- drafting general business terms and conditions
- preparation of distance contracts and form contracts
- consultancy in the area of claims, including the drafting of claim policies
- we provide assistance on the specific regulations regarding liability for damages in the area of ??consumer law
Within European Union law, we can offer our expert knowledge of legal provisions relating to the EU internal market, including the decision-making practices of EU judiciary institutions, which enables our clients to develop their business activities throughout the EU. We work very closely with the consultancy firm BXL Consulting s.r.o. based in Brussels, which allows us to directly address institutions both at the EU level and at the level of individual member states. Within the framework of EU law and its extensive issues, we provide legal support in a wide range of areas, particularly the following:
- Environmental Law
- public support
- running lotteries and betting games
- public support
- consumer protection
- the recognition and enforcement of decisions within the EU
- European Private International Law
Real estate law and construction law
We provide extensive legal services in the fields of construction law and real estate law. In the domain of construction law, we can provide the following:
- services consisting mainly in dealing with administrative authorities (building authorities, land registry offices and so on)
- preparation of drafts related to proceedings held before those authorities (landscape planning, building regulations, registration procedures and land registration)
- representation of our clients in specific areas of real estate law, which include hunting rights or nature and landscape protection rights (establishing game preserves, chase rights, protected reserved areas and so on)
- representation of our clients in legal relations related to road infrastructure
Besides construction law, we are ready to provide legal consultancy regarding all facets of real estate law, such as:
- the leasing and rental of real estate
- ownership rights to real estate
- co-ownership relationships, including relationships involving owners of living units (for instance, construction contracts and declarations by an owner)
Furthermore, we draft contracts of purchase, contracts of lease and contracts of bailment, contracts on the establishment of a real burden or analogical law, including the assurance of approval by the appropriate administrative authority.
We provide comprehensive legal consultancy on labor law and related areas (such as employment, collective bargaining, human resources, trade unions issues, social security and insurance associated with an employment relationship). We provide legal assistance both to employers when selecting streamlined solutions in employing people and all related labor law issues, as well as to employees when dealing with various life labor law situations. Our legal practice in this regard also includes representation in negotiations with trade unions and defense of the occupational interests of clients before various authorities. Naturally, we ensure an individual, professional and discreet approach. Part of our legal services in this regard is the preparation of all labor law documentation, representation of counterparties in labor law litigation, as well as representing clients when negotiating with their counterparty.
In the field of gaming law, we help our clients become familiar with the current legislation and its interpretation by the administrative authorities. Our services in this respective field of law include the following:
- setting up companies dealing with gaming
- ensuring the necessary permits to run such betting games, as well as their renewal
- drafting legal analyses and standpoints regarding gaming issues
- drafting rules for marketing competitions and events
- comprehensive consultancy regarding the operation of betting games, especially for casinos
- we also assess the impacts of upcoming legislative amendments to the Lotteries and Other Games Act on businesses in this sector
Litigation agenda (Legal and arbitration proceedings, debt recovery)
We provide comprehensive legal services relating to both intrastate disputes and international arbitration, including the issue of administrative justice and tax proceedings. We are prepared to represent our clients and provide them with full professional support during all stages of the proceedings, that is, from the initial analysis of the client’s situation and planning of the appropriate process strategy, up to the moment of proceedings before the courts of appeals and extraordinary appeals. Our experience in this regard also includes representing clients in proceedings before various administrative authorities or regulatory bodies in the fields of competition, intellectual property and others.
Administrative proceedings and justice
Based on our knowledge of the decision-making practices and procedures of administrative bodies and administrative courts, we provide legal consultancy in relation to all activities of administrative bodies, as well as:
- drawing up suggestions and proposals for commencement of proceedings, remedies, procedural motions and so forth
- representing our clients and providing legal advice in administrative proceedings
- representing our clients and providing legal advice in administrative justice - review of administrative decisions, protection against inaction and protection against unlawful interference by the administration authority
- drawing up administrative actions, cassation complaints, proposals for granting the suspensive effect of the appeal / cassation complaints and so forth
- representing our clients in lawsuits for damages caused by an unlawful decision, or by incorrect standard operating procedure
Telecommunications, media and intellectual property law
We provide comprehensive services to ensure the protection of the intellectual property of our clients. Our legal services include the following:
- the field of copyright law
- the field of trademarks
- the field of domain names and industrial designs, also in relation to our clients’ marketing activities
Within the scope of our clients’ marketing activities, we also provide consultations on the management of personal data, databases and their protection.
Services provided in this area include:
- maintaining full documentation associated with registration and its renewal in the relevant registries
- consultations on concluding licensing contracts, their checking and drafting
- maintaining the litigation agenda in the event of infringement of the rights protected by intellectual property law, especially by unfair competition practices, counterfeits, look-alikes and parallel import practices
We possess many years of experience, particularly in the fields of copyright law and trademark law. Our attorneys have participated in the creation of licensing contracts in various spheres that involve intellectual property rights (for example, software, artistic and literary works and trademarks); they have experience in maintaining litigation agenda, from consultations related to conciliation attempts, via preparation of drafts and submissions, up to representation in administrative and judicial proceedings, among others, in the following cases:
- drawing up licensing contracts for the provision of software to end-customers of ROBERT BOSCH Odbytová (sales) s.r.o.
- drafting a contract on the creation of copyrighted work and provision of a license for its use for ČESKÁ OLYMPIJSKÁ, a.s.
- representation of R-PRESSE, spol. s.r.o., legal consultation and drafting contracts in the area of copyright law, especially with the authors of contributions and articles, and licensing agreements
- representation of SHOLZ a FRIENDS Praha s.r.o.in the domain of copyright law when concluding contracts on the use of copyrighted work and when registering the copyrighted work together with the audiovisual work
- representation of Mr. Karel Schwarzenberg, inter alia, in the area of trademark and copyright law matters, including national and international registrations, maintaining litigation agenda, licensing contracts and enforcement of legitimate claims
- representation of STANFORD a.s. in the area of trademark and copyright matters, including maintaining litigation agenda and consultancy on licensing contracts
- representation of Toyota Peugeot Citroën Automobile Czech, s.r.o. when concluding licensing contracts for a computer program including copyright law and trade secret, legal consultation when registering domain.eu and litigation for domain.cz
- legal consultancy for Wrigley, s.r.o. in the area of copyright law, in particular when drafting contracts on the creation and the use of copyrighted work
- consultation on drafting a contract for system support and service for the Ministry of Foreign Affairs of the CR
- representation of the companies Škola Jachtingu s.r.o. and Monarch Vinný Sklep s.r.o. when submitting their applications for a trademark
- maintaining the agenda for ART PRODUCTION K. / 2, spol. s.r.o. associated with registration, proof of distinctiveness, renewal and transfers of trademarks
- maintaining the agenda for Max Fashion, a.s. associated with the registration and transfer of the trademark
- representation of ROBERT BOSCH Odbytová (sales) s.r.o. when transferring the domain name and drafting the contract on the transfer of the domain name
- representation of AGRA GROUP a.s. when concluding contracts for the provision of know-how for technological procedures when processing food
- providing a standpoint on the position of T-Mobile Česká Republika, a.s. in its dispute with Český Telecom, a.s. related to the payment claimed for the interconnection of telecommunication networks
- representation of INGLEGREVE TRADING Ltd. regarding the provision of know-how within the field of the real estate market, focusing on the implementation of special real estate projects in border areas attractive for tourists
- representation of CENTROPEN a.s. regarding the infringement of the exclusive license by the licenser
Attorneys of the law firm Becker a Poliakoff, s.r.o. are representing or formerly represented the following entities in areas of trademark law matters associated with trademark registration, proving the distinctiveness of trademarks, generally recognized trademarks, transfers, licensing contracts and litigation agenda:
- FILM SERVIS FESTIVAL KARLOVY VARY, a.s.
- OMV Česká Republika s.r.o.
- Realitní Společnost České spořitelny, a.s.
- Coca-Cola Česká Republika s.r.o.
- Tchibo Praha, spol. s r.o.
- Ferrero Česká s.r.o.
- Bacardi - Martini Czech s.r.o.
- Volvo Auto Czech, s.r.o.
- Sigma Group a.s
Public procurements and selection procedures/ tenders
In the area of ??public procurement and selection procedures, we specialize in legal advice which we provide both to public and private entities, whether they hold the position of a contracting authority of (public) procurement or the position of a tenderer. We provide legal assistance both in the area of public procurement (public procurement and concessions) and in the area of procurement by purely private-law entities (selection procedures/tenders). We represent our clients in both administrative and legal proceedings relating to procurement. Within the framework of our services, we specialize in the following areas:
- preparation of legal standpoints regarding optimal procedures of contracting authorities in the area of public procurement and selections/tendering
- setting internal procedures for contracting authorities (internal normative acts, methodologies) in public procurement or granting concessions
- drafting sample documents within the procurement (selection) proceedings
- comprehensive implementation of ("turnkey") procurement (concession) proceedings according to the specific needs of the client
- drawing up analyses of legal risks in procedures by public and private contracting authorities
- providing legal advice on individual steps made by public and private contracting authorities
- reviews of the completeness and correctness of a tenderer’s offers when bidding for (public) procurement
- representing clients in proceedings before the Office for the Protection of Competition or courts in procurement matters
- preparation of documents for archiving in accordance with the Public Procurement Act
- preparation and implementation of selection procedures outside the regime of the Public Procurement Act
- assessment of the procedures of public and private contracting authorities from the perspective of economic efficiency and economic and tax optimization
The aim of our legal advice is the utter elimination of risks for the contracting authorities and tenderers at all stages of the procurement and selection proceedings.