Law Offices Papaconstantinou

The firm: Law Offices Papaconstantinou is a boutique law firm offering personalised services to a loyal international and Greek clientele. The firm’s clients range from prominent global corporations to closely held businesses, entrepreneurs and individuals in various fields of legal practice.

The firm has a strong track record in M&A, company and commercial, corporate restructuring, competition, distribution and franchising, real estate, product liability as well as extensive expertise and efficiency in litigation with a remarkably high rate of success.

Established in 1955 by Michael Papaconstantinou, the firm is recognized for its solid and long standing relationship with its clients, the professionalism, expertise and effectiveness in its areas of practice and its proactive approach focusing on innovative, results oriented and cost/time efficient solutions.

Areas of practice
Company and commercial: The provision of comprehensive advice on all matters of corporate law has been one of the core areas of the firm’s practice. Since its establishment the firm has advised Greek and international clients on corporate law issues at all stages of the corporate lifecycle, ranging from company formation, day-to-day support and regulatory compliance to sophisticated projects requiring innovative solutions.

The firm’s areas of specialisation include:

• advising on the corporate structure
• setting up corporate entities of any type (societes anonymes, limited liability companies, private companies, partnerships) and branches
• corporate governance
• day-to-day corporate support, corporate minutes, regulatory compliance
• corporate restructuring
• transfer of securities, business, assets – divestments
• winding-up and liquidation
• shareholder agreements/management agreements
• shareholders’ disputes
• joint ventures

The firm has also been providing advice to a wide range of clients (international corporations, closely held businesses, individuals and entrepreneurs active in various industries) on all matters of commercial law, from straight forward cases to complex business deals. The firm’s practice areas include, among others, drafting and negotiating all types of commercial contracts (sale contracts, commercial lease agreements, loan agreements, contracts for the performance of work or the provision of services, management agreements, warehousing and logistics, supply and manufacturing agreements, promotion and other commercial cooperation agreements), debt restructuring schemes, retail finance arrangements, assignments of claims, pledge and other security agreements. The firm’s extensive litigation and enforcement expertise allows it to advise on risk management and combine legal analysis with efficient problem solving approach.

Mergers and acquisitions: M&As is one of the cornerstones of the firm’s practice. The firm has provided advice to global corporations and Greek undertakings, acting as sellers, purchasers or target companies, in local and cross border transactions with respect to all legal issues related to M&A of listed and non listed companies, including conducting legal due diligence, drafting and negotiating transaction documents, advising on public takeovers and preparing relevant documentation, advising on all aspects of the deal including employment, publicity, stock exchange, licensing and other regulatory matters. The firm has advised clients both in mainstream transactions as well as in complicated projects requiring innovative solutions.

Eleni Papaconstantinou has been teaching mergers and acquisitions and antitrust at the Athens Laboratory of Business Administration (ALBA), a highly respected professional school of Athens.

Corporate restructuring: The provision of comprehensive advice on all matters of corporate law has been one of the core areas of the firm’s practice. Since its establishment the firm has advised Greek and foreign clients on corporate law issues ranging from company formation and optimum structuring, day-to-day support and regulatory compliance at all stages of the corporate lifecycle to sophisticated projects requiring innovative solutions. In recent years the firm has acquired significant experience in dealing with the implementation of cross border corporate restructuring projects in Greece and it has been successful in finding creative and innovative solutions in areas with little or no precedents.

EU and competition: EU and competition is one of the firm’s main areas of practice. The firm advises foreign and Greek clients on all issues related to antitrust (mergers and acquisitions, joint ventures, horizontal cartels, vertical agreements, abuse of dominance) and unfair competition law. The firm has extensive experience in:

• advising clients on the competition aspects of their transactions and commercial practices, assisting them in assessing the competition law implications thereof and offering innovative solutions for reinforcing clients’ competitive position in the market
• submitting notifications for clearance of concentrations
• handling disputes and representing clients before the Competition Authorities, Civil and Administrative Courts
• dealing with anti-trust investigations and dawn-raids
• representing clients in offering and negotiating remedies/commitments
• conducting anti-trust audits for clients and organising anti-trust compliance seminars and training programs
• advising clients on corporate restructuring and related competition law issues
• advising clients on setting up, running and restructuring distribution networks and related competition issues
• advising clients on day-to-day business issues from the viewpoint of anti-trust law and unfair trade practices rules (pricing policies, rebate schemes, incentive programs, trade/promotion programs, warranty schemes, information gathering)
• advising on horizontal and vertical agreements, joint ventures, abuse of dominance, abuse of a relationship of economic dependence.

Litigation, arbitration and dispute resolution: The firm has a very efficient and well experienced litigation team handling a wide range of civil and business disputes with a remarkably high rate of success. Taking into account the delays experienced until the issuance of a final Court judgment in Greece, the firm gives emphasis and has strong experience in interim measures proceedings, in order to ensure the fastest possible judicial protection of clients’ interests.

The firm has represented clients, from global corporations to closely held businesses and individuals, either as plaintiff or as defendant, before Greek Courts of all levels and jurisdictions as well as before the European Court of Justice. The firm has also extensive experience in handling cases before independent authorities (Competition Commission, Consumer Ombudsman etc). It has dealt with a wide range of civil and commercial disputes ranging from straight-forward claims to complex matters covering multiple legal areas and raising novel case law issues. The firm has extensive experience, among others, in:

• Civil liability, breach of contract, tort
• Consumer protection and product liability claims
• Claims for damages/termination indemnity and claims to remain in the network following termination of distribution and agency agreements
• Claims for breach of unfair competition and trademark protection laws
• Claims for damages based on alleged breaches of anti-trust laws
• Debt collection
• Property law
• EU law
• Proceedings before the European Court of Justice
• Interim measures proceedings

Employment: The firm provides legal advice on matters of employment law as part of day-to-day support to large undertakings both in the private and the public sector as well as on an ad hoc basis. It has dealt with a variety of employment law issues ranging from preparing and reviewing employment contracts to employment related litigation. As legal advisor in several major corporate restructurings, the firm has extensive experience on all related employment law matters, including issues and procedures related to transfer of undertakings and transfer/adaptation of employment contracts. The firm’s areas of practice cover, among others:

• employment contracts
• dismissal, post-termination issues and severance payment
•  transfers of undertakings and corporate restructurin
•  employee information and consultation
• employment litigation

Gaming: The firm’s involvement in the field of gaming law started in the early 90s, when it advised a US corporation with respect to the issuance of the first license and the operation of the first private casino in Greece. Since then the firm has represented international corporations by handling and monitoring licensing and regulatory matters before the Gaming authorities and advising on aspects of Greek gaming law.

Franchising and distribution: The firm has extensive experience in advising clients on all issues related to agency, distribution and franchising for products and services. It has acted as legal advisor to prominent global corporations and it has considerable expertise, among others, with respect to:

• setting up and organizing agency, distribution and franchising networks
• drafting and negotiating relevant agreements
• advising on day-to-day operational issues
• monitoring compliance with EU and national legislatio
•  restructuring distribution networks
• representing clients in relevant litigation before Courts and Competition Authorities (among others regarding claims for damages and termination indemnity, claims to remain in the network by challenging the validity of the termination, complaints for breach of anti-trust laws, complaints for unfair trade practices or abuse of relationship of economic dependence).

Real estate: The firm covers the full range of real estate transactions from mainstream acquisitions and sales to more complex development projects. During the last years it has handled several cases of acquisition of real estate in Greece by non EU citizens for the purposes of issuance of a residence permit (Golden Visa Program). The firm has also been involved in relevant transactions in the hospitality sector, from the sale and purchase of hotels to the development of tourist resorts, while it has also provided advice in the context of public tenders for the study, development, management and exploitation of real estate, thermal springs and hotel/spa. The firm has also significant experience on laws and procedures regarding acquisition and exploitation of real estate in Greek border areas. It has also provided legal support in the review and registration of real rights applications in the framework of creation of the new national real estate registration system (cadastre) in a part of Northern Greece.

The firm’s areas of practice include:

• real estate due diligence
• sale and purchase of real estate assets
• lease agreements
• property development
• construction
• concessions
• real estate litigation
• Golden Visa

Intellectual property and trademarks: The firm has advised clients from global corporations to closely held Greek and foreign undertakings and individuals on a wide range of industrial and intellectual property issues, focusing on all aspects of contentious and non-contentious trademark law advice and support. The firm has considerable experience in proceedings before Greek and European trademark authorities as well as before Civil and Administrative Courts of all degrees.

The firm’s areas of specialization include:

• Search, filing and registration of national, european and international trademarks and handling of relevant proceedings before the competent authorities
• Opposition and cancellation proceedings
• Anti-counterfeit programs and customs interventions
• Trademark protection litigation
•  Licensing
• Protection of copyright, trade secrets, know-how and confidential information

Public works and procurement: The firm has advised and represented clients, both contracting authorities and bidders, with respect to all legal issues related to public tenders, such as preparation of public tender documents, submission of bids, participation in the public tender process, litigation in all kinds of proceedings (proceedings before the awarding authorities, interim measures and ordinary proceedings before the Courts) both as plaintiff and as defendant.

As legal advisor of a public sector company, the firm has extensive experience in preparing numerous tender offers for the provision of public works, supplies and services, monitoring and providing legal advice on all aspects of the relevant procedure, handling appeals and objections before the awarding authorities and competent Courts, drafting the relevant contracts and providing legal advice on various issues regarding their implementation.

Data protection: As legal advisor to leading manufacturers/sellers of consumer goods and service providers in various industries (motor vehicles, tobacco products, insurance, retail credit, travel, operation of news sites) the firm has always considered data protection compliance as a key parameter of its scope of work. The firm’s expertise covers regulatory compliance and notifications to the Greek Data Protection Authority, review and clearance of marketing, advertising and other programs involving processing of personal data, employees’ checks, transfers of data bases as well as data protection litigation before the Greek Data Protection Authority and the Civil Courts.

Product liability: As legal advisor of leading manufacturers/sellers of consumer goods in various industries the firm provides regularly legal advice and support in all matters involving consumer protection and product liability legislation. The firm has extensive experience in representing clients in amicable settlements as well as in proceedings before competent independent authorities (Consumer Ombudsman, General Secretariat of Consumer Protection) and Courts.

Civil: The firm has deep knowledge of and extensive expertise in all areas of civil law and it has been providing advice to a wide range of clients on all matters of civil law, from straight forward civil law cases to complex transactions. The firm’s practice areas include, among others, drafting and negotiating all types of civil law contracts (sale contracts, lease agreements, loan agreements, contracts for the performance of work or the provision of services, warehousing and logistics, supply and manufacturing agreements), assignments of claims, pledge and other security agreements, setting up and providing legal support to non-profit associations and foundations. The firm’s extensive litigation and enforcement expertise allows it to advise on risk management and combine legal analysis with efficient problem solving approach.

Hotels and leisure: The firm has been involved in several transactions in the hospitality sector, from the sale and purchase of hotels to the development of tourist resorts, while it has also provided advice in the context of public tenders for the study, development, management and exploitation of real estate, thermal springs and hotel/spa.
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Privatisation: The firm has significant expertise in the field of privatisations and public entities restructuring. It has provided legal advice and support both to the Greek State/state entities as well as to the potential investor. The firm’s experience in this domain goes back to the first privatisation plan of the Greek National Telecommunications Company in the early 1990s. In 2012 Eleni Papaconstantinou was independent member of the expert committee of the Hellenic Republic Asset Development Fund (TAIPED).