Dispute resolution
Litigation and arbitration practice is given very high priority by BROŽ BROŽ VALA advokátní kancelář s.r.o. It has a long and constantly developing tradition in this field. The firm offers the strongest forms of team support for its clients in the courtroom as well as in arbitration, and has already recorded a number of significant successes. BROŽ BROŽ VALA advokátní kancelář s.r.o. offers problem-solving in widely diverse areas of the law: civil, administrative, public or criminal. The lawyers in the firm’s headquarters in Brno have assisted several multimillion cases of litigation and arbitration and have helped resolving a number of political cases. They have also successfully litigated against the Czech State in claims for damages.
Without listing all cases in which the lawyers of BROŽ BROŽ VALA advokátní kancelář s.r.o. have shown their qualities, few examples of such are:
- counsel to a Czech energy company in litigation regarding payment in the amount exceeding CZK 80 mln;
- counsel to one of the most important agricultural companies in the Czech Republic with respect to a matter of unfair competition, in the amount of CZK 50 mln;
- representative in arbitration and litigation for one of the world biggest cement companies, in an amount of CZK 200 mln;
- court representative on behalf of a major bakery company;
- counsel to important personalities litigating in the area of maintenance of personality and position, particularly slander and libel;
- counsel for litigation in the field of protection of intellectual property for architects, in an amount of CZK47 mln for a building worth CZK1.192 mln;
- counsel for the protection of the political rights of students of architecture;
- representative in CZK 54 mln-worth litigation on behalf of a major energy company;
- counsel for administrative litigation on behalf of certain villages in the matter of preventing the construction of military buildings;
- representative for the protection of ownership in administrative proceedings subsequent to compensation litigation against the Ministry of the Environment on behalf of significant Czech ski resorts, in an amount of CZK37 mln;
- representative in taxation dispute proceedings;
- counsel to a well-know mid-Europe aristocratic family in the matter of multi-million-dollar restitution and compensation claims;
- counsel to the one of the largest distilleries in the Czech Republic in an unfair competition case;
- counsel to the ex-managers of one of Brno’s most important industrial companies in respect of criminal charges;
- representative in a compensation claim for damages against the Czech State in the matter of regulated rents;
- representative in litigation against Customs’ decisions;
- representative in real estate ownership litigations;
- representative in various litigation concerning title to shares;
- representative in a case of unlawful termination of management agreements.
The above examples demonstrate that BROŽ BROŽ VALA advokátní kancelář s.r.o. is in position to successfully help its clients in litigation or arbitration processes. It may assist at any of the stages in the development of litigation strategy, creation of possible solutions, selection of best course of action, pre-trial assistance, amicable settlements, preparation of documents and representation in all court instances, preparation of documents and representation in arbitration processes, application for interim measures and recognition and enforcement of arbitral awards and court judgments.
Corporate Law
BROŽ BROŽ VALA advokátní kancelář s.r.o. provides expertise-based advice in all fields of corporate law. We specialise largely in:
- Company incorporation
We assist our clients in setting up companies in the Czech Republic, as well as branches of national and foreign legal entities. Our services include advice on the most appropriate form for doing business in the Czech Republic, drafting all the necessary incorporation documents and representation of our clients before local, state, administrative and court bodies.
- General corporate assistance
We advise our clients on the most appropriate shareholder, management and representation structures for their companies in the Czech Republic. We also assist in the convocation of general meetings of shareholders, board meetings and preparation of all the essential documentation involved in them.
- Corporate changes
BROŽ BROŽ VALA advokátní kancelář s.r.o. assists its clients in all required or desirable corporate changes within already existing companies (for example, changes of executives, members of the boards; changes in the company’s registered head office, business name, and scope of business; and any other changes of the company’s foundation deed or articles of association). In particular, we have effected in timely manner a number of capital increases in significant amounts.
- Restructuring
We have assisted in various corporate restructuring projects, including mergers and de-mergers.
The lawyers of BROŽ BROŽ VALA advokátní kancelář s.r.o. have demonstrated their qualities in, for example assisting in:
- a two-phases capital increase to a total of EUR 5 mln;
- a CZK 340 mln capital expansion;
- establishment of various corporate vehicles in timely manner;
- intra-group regulated transactions among companies forming a concern structure;
- appointment of an independent expert in carrying out such concern structure transactions.
Merges & Acquisitions
BROŽ BROŽ VALA advokátní kancelář s.r.o. provides a full range of services in the area of M&A and equity investments. It has a strong record in assisting clients throughout the entire process of acquisition of local companies and businesses, a process involving advice and assistance in all legal aspects of M&A transactions. Our services include:
- Carrying out of due diligence reviews
We perform due diligence reviews of target companies and assets, providing our clients with the required in-depth analyses and due diligence report on the outcome of the review.
- Advice on structuring the transaction and transaction support
We advise on the appropriate structuring of acquisition transactions or the most suitable restructuring schemes, providing our clients with tailored solutions for carrying out the activities desired. Structuring often involves incorporation of the acquisition vehicles if they are meant to be domestic entities. We normally carry out initial analyses of the legal aspects of the planned restructuring, including proposal of convenient solutions and realisation scenarios. We highlight the advantages and disadvantages of each solution. As an outcome of extensive analyses, our team finds the most convenient restructuring project, taking into consideration the risk management, project finance issues and cost-effectiveness. We normally take over full-scope management of the transaction upon client’s request.
- Documentation
We draft, review and negotiate the documents necessary for any acquisition; assist and represent our clients in all procedures before the relevant authorities. We also advise on appropriate shareholder, management and representation structures and draft management agreements; settlement of the relationship between the parties through entering into shareholder agreements.
- Post-transactional matters
We assist our clients in the period immediately after a major transaction, when it is of particular importance that the management be able to rapidly and effectively implement its business strategy. Our services during this period include advice on various corporate, commercial and regulatory matters with a special focus on the labour and related matters, communication with the management and effecting changes in this structure if required by the client.
Our team, including Mgr. Jaroslav Broz MJur, focused on competition law at the Oxford University, can assist you in merger pre-clearance procedures, often a very significant part of the transaction process.
We have also advised on equity investment for various international investors in local companies.
Commercial law
The lawyers of BROŽ BROŽ VALA advokátní kancelář s.r.o. have advised on a wide range of commercial matters involved in various national and international transactions. Our services include:
- Structuring of commercial transactions
We advise on the structuring of complex business transactions, including drafting, reviewing and negotiation of sale, lease, supply, agency, distribution management and other services as well as many other agreements.
Our team has had particular success in helping our clients in the areas of secured financing; drafting and negotiation of various security agreements (for example mortgage and pledge agreements).
- Documentation
As part of the complex services we provide, we assist our clients in drafting, negotiation and execution of commercial agreements. In doing so, we consider the various regulatory matters involved, such as registration regimes, data protection, consumer protection, and other regulatory compliance matters.
- Regulatory matters
With a view to commercial related regulatory matters, we advise on imp lementation of, and compliance with, Czech personal data legislation, which involves representation before the Personal Data Protection Office. Our services involve identification of risks connected to our clients’ current practice and proposing effective changes to be made in the documents used by our clients.
Lawyers of BROŽ BROŽ VALA advokátní kancelář s.r.o. have proven its expertise in advising our clients in a wide variety of industrial sectors, providing them with full professional support in their commercial legal activities. Our expertise in the above matters helps our clients to establish and carry out smooth and profitable activity in the Czech Republic.
Labour Law
BROŽ BROŽ VALA advokátní kancelář s.r.o.’s team provides our clients with a wide range of labour law services. We assist in the following:
- Employment Contracts
We draft different types of employment contracts (for example probationary period contracts, fixed-term contracts, etc) according to the requirements of Czech law.
- Termination of employment
We assist in termination of employment contracts by advising on the appropriate legal grounds for termination, the applicable procedures and the possible legal consequences.
- Health and safety conditions at work
We advise on the specific statutory requirements as to health and safety at work and the steps to be undertaken by employers in order to ensure compliance.
- Litigation
As part of our extensive litigation practice, we also represent our clients in employment litigation.
- Other
We advise on various other matters of employment law, such as collective labour bargaining, accidents at work, structuring of working hours, overtime work, various types of compensation incumbent on the employer according to Czech law.
Real Estate Law
A significant portion of BROŽ BROŽ VALA advokátní kancelář s.r.o.’s work is related to assisting in real estate transactions. It has been focused on deals of medium and higher value. Lawyers of BROŽ BROŽ VALA advokátní kancelář s.r.o. have participated in complex transactions which have involved deal structuring, external acquisition financing, multilateral agreements, escrow mechanisms; technical solutions with respect to planning and zoning of the real estate sites. We have a strong track record of drafting and negotiation of construction agreements and helping our clients with carrying out various construction-related administrative procedures.
- Due diligence
As part of the services, we normally carry out due diligence review of the real estate properties subject to the transactions, acquisition documentation, sale and lease of real estate and much more. Our services include legal review of all types of real rights, based on title deeds, previous transfers of ownership, construction documents and administrative permits, encumbrances and other third party rights over the target estate.
- Documentation
We advise on the acquisition of all types of real rights on behalf of both vendors and purchasers, and assist our clients in drafting, reviewing and negotiation of the relevant documentation.
- Leases
We have very successfully assisted our clients in the negotiation of their lease agreements, being involved at all stages of drafting, negotiation and completion phases. In particular, we have drafted lease agreements for non-residential premises helping our clients to optimise the risks related to their leases especially those involved in leases of premises yet in construction.
- Construction law
Our team is particularly strong in the area of construction law. It advised in all stages of zoning and building permit procedures, counselling within the framework of project management, facility management and asset management. We also draft and review all types of construction-related contracts between the participants in the construction process.BROŽ BROŽ VALA advokátní kancelář s.r.o. advises on construction-related administrative procedures such as amendment of land regulation, submission of investment design for approval, and construction and use permit issuance. We represent our clients before the relevant administrative authorities and courts in connection with construction-related administrative procedures.
Few Examples of our legal counselling in the field of real estate are:
- representation in a factory acquisition worth CZK 40 mln;
- representation in complex projects including lease, future purchase agreements and actual purchase agreements;
- representation in administrative proceedings in respect of breaches of construction law or environmental law.
Intellectual Property
BROŽ BROŽ VALA advokátní kancelář s.r.o. can provide highly quality services in the area of intellectual property law. The head of our Ostrava branch, Mgr. Jaroslav Broz MJur, has specialised in intellectual property law at the University of Oxford and has contributed significantly to the development of the intellectual property practice in our firm.
Our team advises on a wide range of intellectual property issues relating to intellectual property rights, including litigation on real-estate-related matters. We also provide advice on various aspects of information technology and related commercial areas.
We offer the following services:
- Intellectual property
We assist in identifying intellectual property and help in its protection; this includes national, community or international trademark registrations. We have helped our clients in matters of intellectual property infringements, and represented our clients in disputes concerning infringements of trademarks and authors’ rights.
- Agreements
We are prepared to assist to draft licence and sub-licence agreements. We assist in licences with relevant authorities, as well as drafting agreements on the transfer of industrial property rights, including registration of these agreements with the relevant authorities. BROŽ BROŽ VALA advokátní kancelář s.r.o.’s team advises its clients on the intellectual property aspects of corporate transactions, M&A and corporate restructuring.
- Information technology and communications
Lawyers of BROŽ BROŽ VALA advokátní kancelář s.r.o. have advised companies in respect of information technology. In particular, we have assisted our clients in:
- trademark and services registrations, community trade mark protection, copyright protection;
- assessment of means of protection of clients’ interests either via unfair competition instruments or via IP instruments for one of the biggest distillaries in the Czech Republic;
- protection of the right to creativity versus public endangerment;
- protection of the intellectual property right to significant architectural works (various cases);
- protection of copyright in respect to IT technologies
Competition Law
BROŽ BROŽ VALA advokátní kancelář s.r.o. has particularly strong potential in the field of competition law. With his specialisation in the area of competition law, Mgr. Jaroslav Brož MJur is a valuable talent contributing to the development of practice in the area of unfair competition, public procurement, state aid and other competition-related matters.
With our expertise in the competition law, we can help with finding tailored solutions to competition-related problems. We deal with merger clearance procedures, draft and review from competition perspective distribution and similar agreements and other related matters. Our headquarters is in Brno, the city that hosts both the Office for the Protection of Competition and the Supreme Administrative Court. Therefore it has an ideal location for addressing our clients’ problems related to competition law.
We assist our clients in:
- submitting complaints in respect of undue public procurement procedure;
- representation of a company in proceedings before the Czech Office for the Protection of Competition in respect of undue public procurement procedure;
- carrying out legal audits of individual or standard agreements between companies in order to assess their compliance with the relevant antitrust provisions, and making proposals for necessary changes;
- drafting agreements or specific provisions that comply with antitrust rules;
- determining the market position and market behaviour of a company in order to ensure compliance with the antitrust rules and rules on dominant position;
- preparation of notification of a planned merger or other form of acquisition to the Czech Office for the Protection of Competition or the European Commission;
- representation in proceedings before the Czech Office for the Protection of Competition;
- preparation of administrative law suits against decisions of the Czech Office for the Protection of Competition and representation in proceedings before the relevant courts;
- preparation of notification of illegal state aid
Energy Law
The energy sector in the Czech Republic is and will remain a major element of the national economy. Lawyers of BROŽ BROŽ VALA advokátní kancelář s.r.o. have been very successful in protecting its clients’ rights in litigation proceedings related to energy-law-related problems. We are determined to further develop our expertise in the sector of renewable energy, which is gaining wider importance in the recent years and proves its capacity to gain even further popularity in the near future.
Immigration Law
Immigration law is of a great importance to BROŽ BROŽ VALA advokátní kancelář s.r.o. We have provided advice to our foreign clients in respect of the immigration law and labour law in order to maintain the complex nature of our legal services in this area. We have assisted in the creation of a strategy in respect to employment of workers or management from abroad.
We assist in the following:
- Labour office - Work Permits
We assist our client in obtaining all the relevant permits from the Labour Office necessary for granting visa. We also assist in respect of extensions of these permits.
- Visas
We also assist in the whole process related to the visa documentation preparation, filing the application, picking up the application, extension of visas and other related regulatory issues, such as registration with the Foreign Police.
- Litigation
We represent our clients in respect to expatriation proceedings.
Insolvency Law
BROŽ BROŽ VALA advokátní kancelář s.r.o. renders full range of services in the area of insolvency law, which is becoming very important to our practice especially in light of the current global economic situation. We provide our clients with consultations in respect of the process of insolvency proceedings and protection of client’s interests in these proceedings. JUDr. Jaroslav Brož as well as Mgr. Vladan Vala have acted as insolvency/bankruptcy administrators on several occasions. Our experience also extends to the area of insolvency settlement proceedings. In 2010 Mgr. Jaroslav Brož MJur has been issued licence under act. nr. 312/2006 Coll. about insolvency trustees, as amended, to conduct activity of insolvency trustee.
Examples where our lawyers have acted as insolvency administrators:
- We have acted as an insolvency administrator in an insolvency settlement proceeding for one of the Brno’s most prominent industry players
- We have also acted as an insolvency administrator to a significant cable and air systems producer
Sports Law
BROŽ BROŽ VALA advokátní kancelář s.r.o. recognises the importance of sports law and therefore provides its legal services in this specific field of law. Lawyers of BROŽ BROŽ VALA advokátní kancelář s.r.o. have practical experience with providing its services to sport clubs in respect to their day to day legal issues.
Examples sports legal services that were provided by our lawyers:
- We have provided legal services to fist league ice hockey team;
- Currently we are providing our legal services in the field of sport law to extra league ice hockey team
Criminal Law