Services

We offer comprehensive legal services to Polish and international companies in all sectors of the economy.

Medical and pharmaceutical law

We offer comprehensive legal services to medical and pharmaceutical sectors. Our lawyers are recognised experts familiar with legal circumstances of public and private healthcare providers and the specificity of pharmaceutical companies.

Our experience includes:

90

healthcare providers services rendered

50

cases for payment for services provided beyond the contracted limits

PLN 7 mio

the highest amount adjudicated in a single case for payment for services provided beyond the contracted limits

60

appeals filed with reference to National Health Fund (NFZ) bids

37

entities represented during NFZ audits

150

medical negligence cases

We support our Clients in:

  • registration and day-to-day operations of healthcare providers,
  • developing legal framework for working with healthcare professionals,
  • taking part in National Health Fund (NFZ) proceedings (bids, audits),
  • checking legal compliance of the regulations of the President of NFZ and identifying the possibility to challenge their validity,
  • litigations against the NFZ (for the recovery of amounts questioned during the audits and payments for services provided beyond contracted limits),
  • medical negligence litigations (in courts and in the committee adjudicating on medical events),
  • legal services connected with clinical trials,
  • marketing and promotion of pharmaceutical products,
  • competition law in pharmaceutical industry,
  • patents and trademarks,
  • sales and distribution of pharmaceutical products,
  • parallel import,
  • placing medical products on the market,
  • administrative proceedings, e.g., vis-à-vis WIF (Regional Pharmaceutical inspectorate), GIF (Main Pharmaceutical Inspectorate) and cases connected with marketing applications and refunds.

Company law, mergers and acquisitions

Our extensive experience in a variety of projects from various sectors of the economy allows us to develop solutions to best meet individual needs of our Clients in a safe and the most beneficial manner.

We ensure:

  • day-to-day corporate services to: corporate bodies (Board of Management, Supervisory Board, Shareholders’ Meeting, General Meeting of Shareholders), drafting resolutions, statutes, articles of association, legal opinions, etc.
  • establishing and restructuring of economic entities: company registration, establishing branches and representative offices, legal services connected with restructuring, company liquidation,
  • due diligence analyses,
  • full legal support in mergers and acquisitions,
  • consultancy in the area of control of concentrations regulations,
  • drafting and negotiating contracts and comprehensive services connected with mergers, restructuring as well as selling and buying shares/stock of companies.

Taxes and tax planning

We solve tax problems of our Clients, assist them in tax compliance, develop tailor-made solutions, minimise tax burden taking account of our Clients’ business specificity as well as changes in Polish and international tax regulations.

We assist our Clients in:

  • day-to-day comprehensive tax consultancy,
  • drafting applications to the Minister of Finance for binding interpretation of tax regulations,
  • representing Clients in proceedings before tax authorities, WSA (Regional Administrative Court) and NSA (Supreme Administrative Court),
  • tax audits,
  • tax optimisation (also taking account of foreign tax systems).

Commercial and banking contracts

We have extensive experience in drafting, consulting and negotiating commercial contracts and we offer our Clients the most beneficial solutions that serve best their interests.

We offer:

  • drafting and consulting contracts and their terms,
  • support in negotiating and renegotiating contracts,
  • consultancy in contract execution and termination,
  • contract-related claims and disputes connected with rights and obligations of parties,
  • comprehensive legal consultancy of contracts in English.

Investments

Our Law Firm provides legal services and professional advice based on experience to investment projects, also those in Special Economic Zones.

We support our Clients in:

  • starting and completing investment projects, also in Special Economic Zones (SEZ), including applying for necessary permits, approvals and decisions,
  • drafting necessary documents and representing the Client,
  • drafting investment agreements and all construction-related contracts,
  • negotiations with territorial self-government units, SEZ administration and other entities.

 

Fortak & Karasiński Legal Advisers are Partners of the Lodz Special Economic Zone.

Real estate and Construction law

We are able to provide assistance to our Clients in every type of real estate transaction also in construction projects. The list of our Clients includes, inter alia, contractors, architects, developers, and commercial property owners.

We offer the following services:

  • legal audit of real estates,
  • assistance in concluding architectural design contracts,
  • assistance in collecting documentation necessary to obtain a construction permit,
  • assistance in building residential and office properties; services covering all stages of construction, starting from negotiating a construction work contract, through supervision of compliance with its terms until the expiry of Contractor(s) warranty liability,
  • services connected with commercial transactions:
    • preparation of sale/lease of residential and office properties,
    • negotiating terms of sale/lease of residential and office properties,
    • collaboration with Client’s real estate (business) adviser.

Labour law and Collective disputes

We assist employers in matters pertinent to individual and collective labour law; we give advice and develop practical, beneficial and effective solutions.

We offer:

  • drafting and giving opinion on employee’s documentation, job contracts, manager’s contracts, etc.,
  • consultancy in terminating job contracts,
  • negotiating collective agreements and collaboration with trade unions,
  • involvement in claims relating to labour law.

Industrial property and copyright law

We protect intangible assets, provide advice in matters related to industrial and intellectual property law, copyright law and related rights, we work together with, inter alia, artists, organisers of cultural events, and institutions of culture.

We offer:

  • advice in compliance with copyright law and related rights as well as industrial property law,
  • reviews of contracts in the light of copyright, related rights, and industrial property law.

Competition law

Our Client services include all aspects of competition law (e.g. issues connected with concentrations of companies, abuse of dominant position, and agreements that restrict competition) to ensure beneficial, safe and legal solutions.

We assist our Clients by:

  • representing them in proceedings before the UOKiK (Office for the Protection of Competition and Consumers) and courts,
  • challenging agreements between operators to restrict competition,
  • assessing the compliance of business entities operations with regulations that ban the abuse of dominant position.

Public procurement and public and private partnership

We offer comprehensive services in the field of public procurement law and to projects delivered under public and private partnership arrangement; our services are addressed to private and public sectors.

Services to Contracting Parties:

  • formal and legal assessment of tender documents,
  • tender preparation,
  • monitoring the tender proceedings,
  • taking part in the meetings of the Tender Committee, if necessary,
  • formal and legal assessment of bids.

We assist Contractors in:

  • drafting consortium agreements and agreements to share experience,
  • validation and analysis of Technical Specification of the tender including draft contracts,
  • drafting applications to be admitted to take part in a tender and drafting bids,
  • drafting questions to Technical Specification and correspondence with the Contracting Party,
  • analyses of bids submitted by other Contractors,
  • negotiations,
  • drafting appeals,
  • recovery of bid security deposit.

 

We also draft appeals and represent the Contracting Parties and Contractors in the National Chamber of Appeal (Krajowa Izba Odwoławcza), regional courts, regional administrative courts and the Supreme Administrative Court.

Services to PPP projects include:

  • legal, financial and risk analyses connected with planned projects,
  • consultancy in the election of a private partner,
  • consultancy at all stages of PPP proceedings for private and public entities, drafting documents,
  • drafting PPP agreement,
  • monitoring project delivery.

Court litigation, arbitration and collection of debts

We act on a case by case basis, each Client is important to us and we strive to arrive at the most satisfactory ruling.

Our services include:

  • representing Clients in general courts, also in the Supreme Court, and in administrative courts,
  • proceedings in regional chambers of audit,
  • representing Clients in bodies authorised to conduct disciplinary proceedings,
  • proceedings in administrative bodies, including assistance during audits (conducted, e.g., by the National Health Fund, Social Insurance, State Labour Inspection),
  • representing Clients in regional Committees adjudicating on medical events,
  • assistance in out-of-court dispute resolution, mediation and taking part in arbitration,
  • negotiating on behalf of Clients and concluding settlements,
  • proceedings connected with collection of debts in Poland and abroad, collaboration with bailiffs.

Types of cases:

  • medical negligence,
  • for the payment of amounts due based on contracts, compensation, pension,
  • disciplinary cases,
  • labour law and social insurance cases,
  • inheritance law cases,
  • cases in construction law (also based on FIDIC),
  • cases connected with the local self-government,
  • tax law cases,
  • cases connected with disbursing EU resources,
  • debt collection.

Financial instruments

We offer legal advice connected with financial instruments, including derivatives, issuing shares of stock and other operations in financial markets.

We assist Clients in:

  • drafting and reviewing contracts with banks,
  • negotiations with banks,
  • legal analyses and consultancy in issuing debt instruments, including bonds.

European law

We offer our Clients professional representation of their interests in European institutions and legal advice in European law. We take care of Clients’ interests bearing in mind that EU institutions draft laws that have direct impact upon national legislation.

Our expertise includes:

  • developing and implementing lobbying strategy,
  • drafting position papers and expert opinions,
  • analyses and opinions on the compliance of Polish regulations and draft laws with the EU law,
  • legal analyses of the interpretation of the EU law,
  • proceedings in EU bodies and cases in the European Court of Justice in Luxembourg.

Japan Desk

Japan Desk in Fortak & Karasiński Law Firm was established to offer comprehensive and professional legal consultancy to Japanese Clients. Japan is the third largest economy and economic cooperation between Poland and Japan is developing dynamically, which is confirmed by the increasing number of investment projects and constantly growing turnover of Japanese businesses in Poland.

Japan Desk offers not only professional legal services but also familiarity with Japanese business culture and services in Japanese. For many years we have had the pleasure of collaborating with Japanese companies and with Shokokai – Japanese Employers’ Association in Poland.

Japan Desk offers legal assistance in all areas of law relevant to business, such as:

  • mergers and acquisitions
  • investment
  • industrial property and copyright law
  • labour law and collective disputes
  • tax and tax planning
  • public procurement
  • company law
  • business contracts
  • real estate
  • construction law
  • pharmaceutical law
  • medical law
  • arbitration
  • collection of debts

 

Contact with Japan Desk:

e-mail: Japan.Desk@fandk.com.pl

phone: +48 22 300 15 82

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