Conflict resolution

We have many years of practice in civil, commercial, administrative, copyright, labour, criminal, treasury, and antitrust law. We act before arbitration and industry courts.

Pre-trial actions:

  • Mediation and negotiations
  • Requests to stop the infringement

Arbitration:

  • We take on the role of arbitrators before arbitration and industry courts
  • We treat arbitrage as a tool particularly friendly for entrepreneurs and the economy

Litigation:

  • We represent clients in proceedings within the scope of civil, commercial, administrative, copyright, criminal, treasury, antitrust, and labour law
  • We support individuals, institutions and businesses
  • We work in interdisciplinary expert teams




 

Journalist Wróblewski vs CBA (Central Anticorruption Bureau)

LSW's lawyers conducted a well-known case of a journalist Mr. Bogdan Wróblewski for protection of personal rights.  The trial concerned collecting the journalist's telecommunication data by CBA for six months in the years 2005-2007. The Court admitted that obtaining telephone billings and other telecommunication data of the plaintiff infringed his personal rights. In particular, the decision concerns the right to privacy, inclusive of the secret of communication.

The sentence was of a precedent nature - it was the first time that the Court defined the restrictive limits of using billings by the secret service, who have the most extensive access to them. Since Mr. Wróblewski's case illustrates a more serious problem of journalists' surveillance, the Court's decision is of significant importance in shaping the further practice of taking advantage of this instrument; what is more, the authorized subjects do not use it so freely as the used to. CBA apologized to Mr. Wróblewski in the press and destroyed all illegally collected telecommunication data, which concerned him.

Protecting the right to privacy

The  LSW team lead the case of one of Poland’s foremost singers against a tabloid, regarding a publication describing sensitive aspects of her private life. The Warsaw Court of Appeals ruled in favor of the client and forbade the journalists from pursuing her. It was a case which was widely commented on in the press, and the ruling has significantly influenced how paparazzi operate in our country. 

Protecting the reputation of a leading company in the energy industry

In this complicated case, concerning the limits of journalistic criticism and the freedom of expression, the Court of Appeals shared the position expressed in the appeal made by LSW, according to which dishonest actions taken by journalists and unsubstantiated information cannot be allowed as acceptable critique, if the content tarnishes the good name of those it concerns.

Shareholders dispute - finance industry

The LSW team helped in solving a dispute which arose between shareholders of a financial intermediation company.  The actions taken by the lawyers led to one of the parties withdrawing from the detrimental action and a satisfactory settlement.

Personal rights of journalists

The LSW lawyers represented a couple of well-known journalists in their case against a tabloid. The   trial court ruled that a series of publications did indeed violate their right to privacy and their personal rights. The defendant was sentenced to issue a public apology, forbidden from violating their privacy, peace and sense of security in the future and was also made to pay a large amount in damages.  

Protection of company secrets

The LSW lawyers participated in criminal and civil proceedings against a former board member of a large commercial company. Using a trade secret, the person in question opened a new entity and took over most of the employees of the company, and attempted to take over its customers. The case is very interesting because of the complexity of the facts and law, and because such cases are extremely difficult in terms of evidence.

LSW is participating in the unprecedented conflict on the Polish market between one of the biggest interactive agencies and a magazine publisher.

The conflict concerns the possibility of using reprints  from the printed press in news broadcasts online. The issues assessed by the court are among others, the limitations of copyright of simple information and the fair use doctrine.

Personal interests and an internal online forum

LSW led what was probably the first case in Poland, in which the court had to decide on the infringement of personal rights through the expression of Internet users within the internal online discussion forum, or the lack of it. As a result of the action taken by LSW, the defendant was ordered by the court to send all forum members e-mails in which he apologized for publishing the content harming the plaintiff.

Baltic Arena Gdańsk

LSW represents Energomontaz South SA (EP) in a dispute over the construction of a football stadium for Euro 2012 in Gdansk. The problem considered by the courts in a number of processes is the relationship with one of the subcontractors with which EP has terminated the contract and demanded penalties because of delays. The amount in dispute exceeds 60 million.

Unfair competition

LSW lawyers took part in recovering a well-functioning marketing company which had been acquired by a large multinational company through the acquisition of the authorities, staff and customers in a manner which violated the rules of fair competition. The breech of the rules consisted of persuading staff and customers to transition to the new company. However, this was done in violation of business secrets and other ethical principles of the market. The use of legal instruments, including court action, business knowledge and experience in the IT sector led to the payment of huge damages by the corporation, which fully compensated the acquired company.

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