In the present economical context, which often favors the migration of the employees from one company to another, the only tool left for employers seeking to prevent em-ployees from working for competitors after leaving their companies is to include non-competition clauses in employment contracts.
On May 17, 2017, a governmental draft of the act on actions for damages caused by in-fringements of Competition law (the “Private Enforcement Act”) was approved by the upper house of the Polish parliament. It is now awaiting the presidential signature. Alt-hough this legislative proposal was forced by EU Directive 2014/104/EU (the “Private En-forcement Directive”) and it mostly transposes its provisions into Polish law, it also intro-duces revolutionary changes to the law of delicts and the corresponding civil procedure.
Former Kinstellar Counsel Edina Schweizer has joined Noerr as Associated Partner in Budapest and Head of the firm's local Banking & Finance team. She will also assume the role of Co-head of Noerr’s CEE Banking and Finance Practice, which works across the firm's core CEE countries of Czech Republic, Poland, Romania, Slovakia, and Hungary.
Balcioglu Selcuk Akman Keki Attorney Partnership and Dentons have advised selling shareholders Ru-Net and Target Global and an unnamed group of non-selling shareholders on Delivery Hero AG’s USD 1.1 billion initial public offering on the Frankfurt Stock Exchange. Lead Arrangers Citi, Goldman Sachs, and Morgan Stanley were represented by Freshfields Bruckhaus Deringer. Sullivan & Cromwell, King & Spalding, and Germany's GLNS law firm represented Delivery Hero. Selling shareholders Rocket Internet and Luxor Capital were represented by Noerr and Latham & Watkins, respectively.
Despite fighting his way through a spring cold, Peter Daszkowski, Co-Managing Partner of Wolf Theiss in Poland, is sanguine about the state of affairs in Poland. "With regard to Warsaw it’s business as usual,” he says.
Noerr has advised Aurelius Equity Opportunities SE & Co. KGaA on the sale of Germany's Secop Group to Nidec at a valuation of EUR 185 million. The firm's team includes contributions from its Bratislava office on matters of Slovakian law. The transaction is subject to approval by antitrust authorities.
Andreas Koehler has moved from Dentons to join CMS's Budapest office along with Senior Associate Gabor Toth.
The new law on data protection matters at the European level has been discussed at length over the last few years. It will finally come into force as a Regulation on May 25, 2018. These new provisions will unify personal data protection measures in the EU, and therefore certain changes to data protection standards will be introduced in Poland too. Since the lawfulness of data processing is a key aspect, a closer look at the impact of the Regulation on the commonly used basis for data processing in Poland – consent by the data subject to the processing of his or her personal data – is useful.
CEE Legal Matters reported in November that a team of 11 lawyers from Polish firm DJBW will join Noerr’s Warsaw office effective January 1, 2017. Of the five Partners in DJBW, four – Witold Danilowicz, Witold Jurcewicz, Radoslaw Biedecki, and Ludomir Biedecki – will move to Noerr. CEE Legal Matters reached out to both Joerg Menzer, Regional Managing Partner of Noerr’s CEE offices in Bratislava, Bucharest, Budapest, Prague, and Warsaw, and Radoslaw Biedecki, who will become the new Office Head of Noerr in Warsaw, to learn more about the move and what led to it.