Experience

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EDUCATION

EXPERIENCE

1996

Completion of the XIV High School. of Belgian Polony, Wrocław, Poland which is the leader in nationwide rankings for the best high school in Poland; mat.-phys. class with the foreign language profile; Olympian from geography and history

Meet selected projects where I worked in the field of …

REAL ESTATE
  • responsible for the real estate and litigation part of a legal audit report of a leading shipyard in Poland;
  • dealing with legal issues in connection with a wind farm development;
  • legal audit of the company which executed building projects for the biggest shopping malls in Poland as well as railway stations, hotels;
  • performing a legal audit related to the prestigious project of revitalization of old tenements in the center of Warsaw – Próżna Properties;
  • legal audits for a leading Swedish real estate developer Reinhold of properties in Warsaw, Kraków, Wrocław, and Katowice, including a purchase of tenement house opposite Mariott Hotel;
  • drafting preliminary and final contract of purchase for sellers and buyers;
  • preparation of leases of office space in Warsaw Trade Tower;
  • acting, in German, for the German owner of the largest shopping mall in Gdańsk;
  • drafting many preliminary contracts of purchase of real estate; drafting contracts of a sale of shares in limited liability companies;
  • work replacing the Partner managing the Real Estate and Banking Department in the BSJP law firm on the transaction of financing two shopping centers and the process of preparing security documentation for a German bank based in Munich,
  • conducting a complicated and multistage due diligence process of the State Treasury company PKS Kielce S.A. and real estate – PKS Bus Station in the center of Kielce, ending with the preparation of a more than 300 page due diligence report, which was approved by the Minister of the Treasury; sale transaction of a separate part of the PKS Kielce enterprise – transaction value PLN 10 million, See
  • Conducting legal audits of real estate in Zielona Góra, Warsaw, Wrocław and Katowice for the leading Austrian financial institution in connection with the development of the Campanille chain of hotels in Poland;
EUROPEAN LAW:

Legal advice for the Government of the Republic of Poland and the Minister of Justice in the field of European law, including the free movement of lawyers in the EU (representing the Ministry of Justice in a conference on the review of directives on the free movement of lawyers with the participation of Commissioner Michel Barnier, heads of law self-governments from across Europe and leading law firms.

BANKING LAW:
  • Preparing a bundle of security documentation for loan granting for a leading Swedish bank and for a leading German bank; advice for the leading Swiss bank,
  • Representing a German bank with independent preparation of financing transactions for the acquisition of two shopping centers in Poland and in the preparation and signing of security documentation
COMPANY AND COMMERCIAL LAW:
  • incorporating limited liability companies and foundations; preparing and amending deeds of association of companies and statutes of foundations; changes to management boards, supervisory boards;
  • acting in a legal audit of a Canadian company in the aviation industry;
  • in-house advisor to the management board of an international company in the beverage industry; coordination of the trademark registration of the company in over 100 countries (all continents included); preparation of contracts of distribution; advising in corporate matters; on real estate issues;
  • legal ongoing advice for a group of companies – in all areas of their activity in the field of company law, real estate law, contracts for the sale of goods, labor law, contract law, contracts signed in connection with financing and insurance of their receivables and distribution agreements in international trade regarding the sale of these goods to destinations located on all continents, also subjected to the laws of common law systems and German law,
  • day-to-day corporate advice to a Spanish company incorporated by a professor from IESE Business School, University of Navarra, Barcelona; preparation and registration of increase in capital of the company;
  • day-to-day advice to a corporate affiliate of Polish Airports (PPL); labour law advice; negotiating to avoid a strike;
  • preparing for and conducting AGMs (closing of a financial year in a company);
  • assisting in a large privatization in the metal industry;
  • drafting and verifying contracts;
  • preparation of legal opinions in the field of civil, commercial, company, commercial and unfair competition laws,
LITIGATION/ARBITRATION experience of the Law Firm, in particular of advocate Marcin Piechocki includes:
  • conducting debt recovery procedures, including proceedings by writ of payment; conducting commercial and labour law and real estate disputes; conducting arbitration proceedings before the Court of Arbitration at the Polish Chamber of Commerce;
  • representation of the Clients before the National Courts Register and before land and mortgage register court;
  • regulation of the title to the property in civil law and administrative and court-administrative proceedings (the last cases concern the annulment of nationalization decisions by the Minister of Agriculture and subsequent communal decisions by the Ministry of Interior and Administration);
  • representing the Client in the protective proceedings (to secure a claim) and execution proceedings;
  • conducting family and inheritance proceedings;
  • on the division of joint ownership of the property;
  • conducting litigation for famous artists and legal entities (protection of infringed personal rights).
  • The experience of Law Firm includes drafting civil lawsuits, and civil, criminal, and administrative appeals and complaints and appearances in the District, Regional, and Appellate Courts. Advocate Marcin Piechocki drafted two successful cassations in the Supreme Court (one involved the representative of a foreigner that did not obtain a Ministry of Internal Affairs and Administration permit to purchase real estate; the other involved the personal interest of a public figure).
  • He was also involved in complex litigation for payment of joint and several liability of an investor pursuant to Article 55[4] of the Civil Code in connection with the acquisition of a company by an investor. In the process, a payment order was issued in the prescriptive proceedings, entitling the creditor to initiate security proceedings and entry of the compulsory mortgage on the real estate. The process involved complicated issues related to the contract law, the scope of acceptable actions of a temporary court supervisor, the fall and limitation of security, and the possibility for a bailiff to deposit the seized funds for a court deposit.
  • The case resulting from the complaint of advocate Marcin Piechocki was settled by the Constitutional Tribunal – file no. SK 15/15, and the judgment with his name was published in the Journal of Laws.
CRIMINAL MATTERS
  • Advocate Marcin Piechocki represented foreign clients, in respect of whom the court issued a European Arrest Warrant (EAW) and the matters of clients in respect of whom the Republic of Poland applied to the U.S. authorities for extradition – a positively resolved case for attempted murder by proving the existence of mental disorders of the accused, led to a change of legal qualification of the act and invoking a countertype defence necessary to counteract the crime. He also represented a medical doctor who was a victim of stalking in preparatory proceedings.
  • Conducting cases of organised crime groups, drug cases, fraud.
  • Conducting court proceedings for the protection of personal rights of individuals (known artists) and legal entities; taking actions aimed at protecting the image and intellectual property rights in the criminal proceedings.
FOREIGN LAW - ENGLISH LAW AND GERMAN LAW

The Law Firm also has extensive experience in international cases. It covers the application of English and German law. In the course of its professional work, the Law Firm has carried out, among others, the following projects:

 

  • Kornchema AG with its seat in Zug, Switzerland, Advocate
    • representing the Company before the customs authorities in the UK and Ireland in connection with the seizure of the containers with the anti-corrosion agent in Dublin and Belfast.
  • Hocem Oil Chemical GmbH with its seat in Hamburg, Germany, Director of Legal Affairs in the headquarters of the company in Hamburg dealing with international trade by land and the sea of base oils in Europe, Russia, Africa, the Middle East
    • ongoing legal advice in English and German contract law in an world-wide setting
    • advising on methods of securing the transactions and asset recovery, including the storage agreements in terminals at the Baltic and North Sea
    • dispute resolution and arbitration before the courts in London, Brussels, Hamburg, Nigeria and Egypt
    • work resulted in savings amounting to 2.000.000 USD.
  • Kornchema AG with its seat in Zug, Switzerland, Advocate
    • representing the Company before the customs authorities in the UK and Ireland in connection with the seizure of the containers with the anti-corrosion agent in Dublin and Belfast.
  • KGHM Polska Miedź S.A., Advocate, Advisor to the President of the Management Board
    • supporting international expansion of KGHM Polska Miedź S.A.: preparation of 3 memorandums concerning management contracts in KGHM International Ltd. with its seat in Vancouver, Canada, supporting the human resources restructuration in this regard
    • preparation of the memorandum with respect to a world – class copper and molybdenum mine JV Co Project Sierra Gorda in Chile with Japanese partner Sumitomo in Sierra Gorda; the memorandum concerned the further development of future phases of this Project, management of the Project as well JV Co;
    • I worked together with the world class international law firms in Vancouver, Canada, New York, U.S. (Skadden Arps lawyers) and Santiago de Chile.
  • POLFA S.A., Advisor to the Management Board
    • negotiations regarding the acquisition of a pharmaceuticals factory (Biokhimik in Russia) work included i.a. redrafting of the relevant contracts as well as due diligence report of the factory; the seller was represented by White & Case offices in Moscow and London.
  • Interfiber Sp. z o.o. and Libra Polska Sp. z o.o.
    • i.a. issuing opinions on contracts in Brazil, Germany, France, Russia, Belarus, Ukraine, Russia, Italy, USA, Great Britain, Australia, Singapore, China, Hong Kong, United Arab Emirates.