Kochanski & Partners

The world is currently gripped by war – both in the East and West. In Europe, Ukraine fights for it’s survival against a cruel and tyrannical superpower, Russia.

Despite strong competition from more than 120 companies, with more than 250 total entries all fighting for a share of the 27 available awards,

Rising costs and pressures on business have led many companies to question whether they can afford to pursue expensive and risky litigation projects, with many companies feeling they would rather settle than engage in unpredictable and risky legal battles.

The EU Council's new SLAPP directive represents a significant step towards addressing the issue of Strategic Lawsuits Against Public Participation (SLAPP) within the European Union.

ERGO Hestia is one of the largest players in the insurance sector, a leader in InsurTech and the creator of numerous innovative solutions. Kochański & Partners recently supported their client in obtaining ISO 27001 and ISO 27017 information security certification.

The team handling the project was led by Monika Maćkowska-Morytz, Partner in Kochański & Partners’ Technology and Personal Data Practice.

Cybersecurity and securing against digital risk are now the top priority for any organisation. Companies with foresight are thus aware of the need to obtain documents confirming the quality of their services, with certification the end goal in a whole chain of activities.

ERGO Hestia is one of the largest players in the insurance sector, a leader in InsurTech and the creator of numerous innovative solutions. Kochański & Partners recently supported their client in obtaining ISO 27001 and ISO 27017 information security certification.  

Polska Wytwórnia Papierów Wartościowych (PWPW) has signed a PLN 143 million agreement with Tarchomińskie Zakłady Farmaceutyczne “Polfa” S.A. for the purchase of more than 17 hectares of land in Tarchomin, Warsaw.

Following strategic actions in the areas of Global Transactions and International Finance, the time has come to complete the building of a comprehensive New Technologies Practice.

Kochański & Partners is entering the next stage in the consistent pursuit of its business strategy – consolidation, while increasing the number of its Partners and Equity Partners. Piotr Kochański, Managing Partner, has become head of the integrated New Technologies Practice, with one team being led by Monika Maćkowska-Morytz in her role as Partner. The Firm is joined by Dariusz Dobkowski and Marek Król, who will lead the Global Commercial Practice and the Banking & Finance Practice, respectively. Dariusz Dobkowski, Markiyan Malskyy and Karol Połosak have become Equity Partners. Kochański & Partners has also announced extensive expansion and its plans to open new offices in key Polish business centres.

Jansen is one of the largest Polish importers of cheese and other premium dairy products, having more than 20 years of experience in the food industry, and from being placed in the largest hyper and supermarket chains, has launched around 500 exclusive products on the Polish market. Kochański & Partners advised Jansen’s shareholder on the structuring and execution of a management buyout.

GKS Tychy is an ambitious football club from Silesia, consistently striving to add more trophies to its growing collection.

Kochański & Partners has received a high rating in the ESG audit conducted by EcoVadis, an international specialist rating agency. EcoVadis is a trusted provider of corporate sustainability ratings, having to date audited more than 100,000 businesses from around the world. To demonstrate its commitment to responsible and sustainable business conduct, the Firm underwent a detailed analysis of its non-financial activities. The high rating and the silver medal awarded to Kochański & Partners reflect its maturity and attention to high management standards.

The legal battle between Hermès brand owner and artist Mason Rothschild, the creator of ‘MetaBirkin’ NFTs, has lasted more than a year. But in February, the Court ruled that the NFT version of the famous Birkin handbags infringes the rights of the Hermès fashion house.

Agnieszka Chrzanowska, Partner and Head of the Kochański & Partners Media Sector, has been appointed Publications Officer on the Media Law Committee of the International Bar Association (IBA). This achievement has twofold significance, as it is also the first time that such a high-ranking position within the IBA has been entrusted to a Polish lawyer.

The year 2022 will not be remembered fondly in the cryptocurrency market. The progressive decline in the value of coins, the problems of the FTX exchange and the collapse of trust are all raising questions about the future of crypto. Can regulating the crypto-asset market be a panacea for the market’s ills?

Kochański & Partners has joined the United Nations Global Compact – the world's largest initiative bringing together businesses working for sustainable development, and forming an integral part of the UN system based in New York. In advising clients on environmental issues, energy transition, sustainable finance, human rights, labour law and corporate governance, Kochański & Partners also implements ESG best practices into its day-to-day operations.

Disagreements between shareholders can be a healthy thing, leading to creative solutions through the reaching of compromises. Differences can involve issues as diverse as how a company should be managed and controlled, and the direction and strategy it is taking. However, if differences become entrenched, the result can be potential deadlock and the loss of the ability to make important decisions, which can be severely damaging to a company and its shareholders.

There’s a lot going on in the EU about Artificial Intelligence - Artificial Intelligence (AI) is at the heart of the EU’s strategy for creating a digital single market, and too this end, a number of EU legal documents have seen the light of day over the last several years. However, in April 2021, the European Commission presented a revolutionary proposal for a regulation on AI (Artificial Intelligence Act), laying the foundations for a legal framework for the use of AI within the European Union. Legislative work on the AI Act is already at an advanced stage and the document is expected to come into force at any moment.

We advised Savills, the international property advisory firm and leader in the commercial property industry, on the acquisition of a part of Knight Frank’s business, including its property management division. Following the transaction, Savills now manages more than 1,200,000 m² of office space.

Kochański & Partners is the coherent, consistently and effectively built business advisory concept of Piotr Kochański. Lawyer, entrepreneur and manager, Piotr has set trends on the legal market in Poland for nearly 37 years, and fiercely promoted legal talent.

As a new business trend, ESG is of growing interest to an increasing number of markets. More and more businesses are publishing ESG strategies and with good reason. According to PwC’s 2021 U.S. survey, 83% of consumers indicated a preference for companies to implement ESG best practices, and 86% of employees prefer to work for companies that care about ESG values.

Kochański & Partners, the authors of the first metaverse report in Poland, published a follow-up tax themed report on 27 October. “Taxation of Cryptocurrencies and NFTs, and Challenges in the Metaverse” is a comprehensive overview of the tax consequences of events and transactions involving cryptocurrencies and NFTs. The publication was coupled with presentation of the report and an expert debate featuring the participation of representatives of business, new technology market practitioners who deal on a daily basis with crypto, NFTs and the Metaverse, and lawyers specialising in digital economics and taxes.

On 27 September this year, the Baltic Pipe - the first ever offshore gas pipeline connecting Poland with the European energy system - was officially opened and symbolically launched. This is the first such large-scale project in the Polish area of the Baltic Sea. The Baltic Pipe is of strategic importance for energy security, as it has enabled the creating of a new gas supply corridor in Europe, allowing gas to be transported from Norway to the Danish and Polish markets, and also to end-users in neighbouring countries. The pipeline also enables the transmission of gas from Poland to Denmark. The investment is being carried out by the Polish gas transmission pipeline operator Gaz-System in cooperation with the Danish operator Energinet.

Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on the work-life balance for parents and carers and repealing Council Directive 2010/18/EU, commonly referred to as the work-life balance directive, is due to be implemented into the Labour Code by the Polish government.

Making the world a better place is the key to our vision for building a new future. For nearly 25 years, we have been creating and initiating change, and not only when it comes to the legal market. We believe that we also have a responsibility to set benchmarks and trends in the wider social area, outside of our day to day legal service to which our Clients and colleagues have become accustomed.

Our M&A team, led by Pawel Mardas, assisted Klima Energy, the Spanish Alantra Group VC fund, in their PLN 70 million investment into SunRoof. Sunroof is a Polish-Swedish start-up, offering pholtovoltaic roof panels to produce green energy for powering homes, in countries including Poland, Germany, Sweden and Norway.

History shows that the last bastion of freedom of speech, which guarantees these values, is the free press. But it’s no secret that since 2015, key constitutional values have been in crisis. Over the past three years, there have been repeated legal actions by state institutions, state-owned companies, businessmen and other lobbying organizations aimed at stifling the work of journalists, publishers and NGOs.

Paweł Cholewiński has been appointed Partner in charge of Kochanski & Partners Transactional Practices Group, with both the Sectorial Real Estate and Mergers & Acquisitions Practices now falling under his remit.

Polish Tech Pitches to Private Capital | Access to International Finance he access to international finance is an aspiration for many growing companies, especially in Poland, where the quantum and complexity of the finance needed requires other forms of investment and markets than can generally be found in Poland, and this is where London becomes such an important centre.

The Polish Bank Association has just published the PolishCloud 2.0 Standard, i.e. a standard for the implementation of public and hybrid cloud computing services. This is the most recent and comprehensive set of practices and solutions guiding banks smoothly through the cloud migration process, with the highest security standards applied.

We are delighted to announce that David Thomas, a renowned expert in financial markets and banking, the former Chairman of the British Polish Chamber of Commerce and CEO in many financial institutions in London and Warsaw, i.a. HSBC Polska, has joined Kochański & Partners as Head of International Finance.

Following our continuing dynamic growth, and in response to the talent, experience and hard work of our Team, we are delighted to announce the promotion of 12 of our Colleagues, including 10 lawyers. Aleksandra Ryżkowska, Head of International Practice Development and Head of the Chinese Business Desk, has been appointed as Partner. Weronika Duda from the Real Estate Practice, Aneta Serowik from the Corporate Practice, Szymon Ciach and Piotr Kaniewski from the Technology Practice, and Jakub Jach from the Disputes of Financial Institutions Practice have been promoted to Counsel. Dominik Karkoszka from the Corporate Practice and Patryk Lisiecki from the Disputes of Financial Institutions Practice, have been promoted to Senior Associate, and Paulina Perkowska from the Technology Practice and Dominik Gryś from the Real Estate Practice, have been promoted to Junior Associate. Pola Trzęsicka has been promoted to Executive Managing Partner Assistant/Office Manager, and Artur Ziejewski to Junior System Administrator. “I would like to congratulate everyone in their new positions and thank them for their commitment, professionalism and effort they have put into building client relationships and maintaining our position on the market. These promotions demonstrate the excellence and drive of Our Team, which is made up of seasoned advisers and a new, young generation of lawyers. The enormous potential of this Team is recognised by the business community and the market, who continue to entrust us with innovative domestic and international projects. We also recognize and appreciate this potential within Our Firm” – said Piotr Kochański, Managing Partner. Aleksandra Ryżkowska is responsible for developing a network of international contacts, particularly within the European Network of Pinsent Masons. She coordinates the growth of cooperation in foreign markets and strengthening of Kochański & Partners’ position as a firm serving clients operating globally. After graduating from law school at the University of Warsaw, Aleksandra completed her LL.M. in Political Science and Law at the China University of Political Science and Law. Prior to joining Kochański & Partners, she worked i.a. at the Polish Embassy in Beijing, where she supported Polish-Chinese economic cooperation. Weronika Duda advises on real estate projects on the Polish market and also on complex, cross-border transactions. Furthermore, she also supports German-speaking clients on the Polish market as Co-Head of the German Desk. Aneta Serowik specialises in commercial and capital markets law. She conducts multi-thread litigation concerning civil, commercial, criminal and capital markets law matters. Aneta advises companies on day-to-day corporate matters and M&A transactions. She is recommended by The Legal 500 in Commercial, Corporate and M&A, and also Restructuring and Insolvency. Szymon Ciach advises on the implementation of IT projects and innovative digital solutions and supports financial institutions in the field of outsourcing regulations (cloud services) and also specialises in blockchain technology. Szymon was involved in the development of the PolishCloud 2.0 Standard published in February 2022. Piotr Kaniewski specialises in drafting and negotiating IT contracts, in particular those involving Agile and DevOps. He advises on building agile contract and purchasing models and implementing IT solutions based on cloud computing, AI and robotic process automation (RPA). Piotr is a frequent speaker at the Digital Banking Academy organised by the Polish Bank Association (ZBP) and the Banking Law Centre. Jakub Jach advises and represents clients in civil law litigation regarding claims arising out of foreign currency loan agreements and foreign currency-indexed loan agreements. Jakub also participated in developing the litigation strategy for one of Poland’s largest commercial banks with regard to claims arising from Swiss franc loan agreements, regarding remuneration for the non-contractual use of capital due to a loan agreement being cancelled. It is our aim and ambition to foster talent and the development of Our Team. We congratulate all those promoted and wish them success in their new roles! 17 March 2022

We are the authors of the first extensive report on the metaverse in Poland.

Jakub Krysa, PhD has joined Kochański & Partners to head up the Public Procurement Practice and the Spanish Desk.

As a sign of our new strategy and solidarity with Ukraine, we have decided to establish a Ukrainian Practice (Ukrainian Desk).

Nearly 24,000 kilometres of roads, end to end measuring ca. 60% of the Earth’s equator in length, hundreds of bridges, thousands of buildings and tens of thousands of cars – this is only a partial account of the destruction inflicted so far on Ukraine by Russian forces. But although the war in Ukraine has not stopped since 24 February 2022, the prospect of a post-war reality cannot be ignored, and so ways of rebuilding the country should be considered.

In a Sale & Leaseback transaction, a property used for business purposes is sold and simultaneously made available for use by the seller under a lease or rental agreement.

Rebuilding infrastructure and meeting the current needs of citizens are among the most important tasks facing Ukraine today.

Kochański & Partners has advised Inovo Venture Partners VC fund on a transaction involving the acquisition of shares in technology company SunRoof. The investment was made as part of the seed round extension, with Inovo being the lead investor. Other investors participating in the round included other VC funds: SMOK Ventures, LT Capital, EIT InnoEnergy, FD Growth Capital and KnowledgeHub, and also local and international business angels.

The issue of Swiss franc loans remains a key challenge for the financial sector in Poland. Banks' uncertainty over the options for regulating this problem is casting a shadow over development of the banking sector in Poland. The coming weeks and months will therefore be crucial for the development of business and litigation strategies by financial institutions. 

Kochański & Partners is expanding its energy and infrastructure practice with the addition of a new partner, Katarzyna Barańska Ph.D., to head up the Infrastructure & Environment team. Her extensive experience covers legal advisory on major infrastructure projects, renewable energy sources, environmental law and municipal investments.

Beyond.pl, the provider of the most secure data center services in Europe, is joining forces with the law firm Kochanski & Partners. Their partnership offers customers further confidence that colocation and cloud implementation projects will be technologically superior and compliant with legal requirements. The cooperation is international in scope. 

Kochański & Partners entered the new year with an expanded team. Wojciech Śliż, the former Director of the VAT Department at the Ministry of Finance, has joined the tax law practice as counsel.

It is our great pleasure to inform you that the Kochanski & Partners law firm has received the title of “Law Firm of the Year: Central Europe” in the prestigious “Lawyer Awards 2020” competition.

To reflect the new technological ecosystem, from 1 November 2020, Kochański & Partners have consolidated their Technologies team by introducing a group of specialists: Szymon Ciach (Senior Associate), Piotr Kaniewski (Senior Associate), Piotr Gałka (Counsel), and Łukasz Węgrzyn (Partner).

Idea Bank is the first Polish financial service sector entity to obtain the ISO 27017 and ISO 27001 certifications, confirming that its cloud computing solutions meet the highest international standards, and that customer data is processed in the cloud with full respect to security standards. Kochański & Partners advised the bank throughout the certification application process.

This is the eleventh edition of the Lawyer Awards already. The awards scheme attracts entries from over 120 independent law firms headquartered in Europe and global firms across the Continent. This is the highest distinction for independent law firms and the culmination of many years of hard work consistently spent on building the brand, strength and effectiveness of the Kochański & Partners law firm. The nomination constitutes an occasion to appreciate, with great satisfaction, the stage and the position currently held by the firm.

The Regional Court in Poznań granted the fourth successive injunction in favour of Forteam Investments Ltd., an investment company belonging to Delta Capital Partners Management – a U.S. private equity fund, in the pending dispute with Mariusz Świtalski. This time, all assets of Druga – Sowiniec Capital, including a mansion in Sowiniec, surrounding grounds and a polo club with horses, have been seized as a result of seizure of shares under the court decision.

On 7 October 2020, the arbitral tribunal conducting proceedings under the UNCITRAL rules issued an award in the case of our Client “Muszynianka” sp. z o.o. against the Slovak Republic. The Tribunal decided that Slovakia violated international law to the detriment of the Polish company.

The Warsaw Stock Exchange attracts ever more foreign investors, with their share in WSE turnover reaching 58% in H1 2020. In response to these accelerating business trends, Kochański & Partners is reinforcing its Capital Markets Practice, with the appointment from October of Jarosław Grzywiński, Partner, former President of the WSE Management Board, as its new leader.

Kochański & Partners has been awarded a tender for legal services to PSE S.A. – the sole Polish electricity transmission system operator. The Firm will assist PSE in addressing the formal and legal aspects of the company’s electricity infrastructure. As part of the project, Kochański & Partners lawyers will represent the client before public administration bodies, common and administrative courts, the Supreme Court and the Supreme Administrative Court, in addition to advising on preparation for and conduct of proceedings, as well as drafting of relevant legal opinions.

The District Court for Kraków-Śródmieście has discontinued criminal proceedings against an Onet journalist who wrote about paedophilia in the Tricity area (Gdansk, Gdynia and Sopot). Mr Podolski was represented by advocate Mateusz Ostrowski, Partner and Head of Litigation at Kochański & Partners.

Co-authors of films accompanying newspapers are entitled to additional royalties,  however only on copies actually sold, and not on the entire published run. Moreover, the amount of royalties may not be arbitrarily imposed by copyright collecting societies. This is the conclusion stemming from a judgment of the Supreme Court, which endorsed the arguments of Kochański & Partners lawyers representing our Client – Ringier Axel Springer Polska.

The Polish Bank Association, Microsoft, Google Poland, the National Cloud Operator, Accenture and Kochański & Partners have established a joint group to promote cloud computing solutions in the Polish banking sector, creating the PolishCloud Academy project, providing free training and workshops relating to cloud implementation for representatives of financial institutions.

Kochański & Partners (K&P) is implementing a new business strategy to rapidly accelerate its penetration of international markets via strategic alliances with key foreign law firms. This strategy involves a reformulation of the business model and closer, comprehensive cooperation with clients. Kochański & Partners also plans to remodel its internal structures and processes, in particular in the BDM area. This transformation process will be managed by the new Business Development & Marketing Director – Barbara Lenarcik, formerly Marketing Director at SSW Pragmatic Solutions, with two more former SSW employees joining the department: Marcin Woliński (Manager) and – from July – Paulina Berska (Specialist).

Kochanski & Partners is the exclusive legal partner of the working group on a standard for cloud computing implementation in banks, established by the Polish Bank Association (ZBP) and the Banking Technology Forum.

Ringier Axel Springer Poland (RASP), a part of the leading CEE multimedia Ringier Axel Springer AG group, has consolidated its dispute resolution services by choosing Kochański & Partners as its legal advisor in Poland.

The K&P Transaction Advisory and Analysis team has prepared a report on the structure of the M&A market in Poland. The report presents an in-depth analysis of current trends in the M&A market and phenomena affecting its structure in the first half of 2019.

We advised US investment firm Davidson Kempner Capital Management on the high profile GBP 180 million financing granted to Pepkor Europe of the Steinhoff Group

Echo Polska Properties N.V. (EPP) has acquired from Echo Investment S.A. another building of the O3 Business Campus office complex in Krakow under the right of first offer (ROFO) contract. The office building, constituting the second stage of the O3 Business Campus office was valued at EUR 49.2 million.

For many years now, we have observed with great concern the growing level of economic crime and abuse affecting Polish companies. This has made us aware not only of the inherent weakness of the system, but also of the limited effectiveness of ad hoc actions, which do not significantly reduce the problem while consuming large amounts of money.

Kochański & Partners law firm (K&P) advises EPP on its EUR 91.1 million acquisition of King Cross Marcelin shopping centre in Poznan – EPP’s first entry into Poznan.

Kochanski & Partners (K&P) advised Groupe Beneteau (France), one of the two largest sailing and power boat manufacturers globally, on its transaction with Delphia Yachts – Poland’s leading boatbuilder. As a result of this transaction, the rights to sailing and power boat designs, and the building and marketing activities of the Delphia and Maxi Yacht brands were acquired.

Kochanski & Partners Law Firm has advised Coca-Cola HBC Polska sp. z o.o. in the negotiations and execution of a lease agreement for office and warehouse space in the Business Garden office complex in Warsaw.

GC Summit – Central & Eastern Europe invites the most esteemed in-house counsel from the CEE’s most prolific companies to discuss their changing roles as in-house leaders and the challenges, issues and opportunities they are facing in 2019 and beyond. Between comprehensive panel discussions and the opportunity to meet and engage with fellow in-house counsel, GC Summit – Central & Eastern Europe promises to be a practical, forward-looking event bringing together the region’s top legal minds.

Kochański & Partners has advised an investment fund managed by the Griffin Estate Group on the sale of the office building located in the centre of Warsaw.

Report authored by the Polish Investment and Trade Agency (PAIH) and Kochański & Partners Business Law Firm shows the opportunities for Japanese investors in Poland.