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This is one of the fundamental areas of our practice. In the context of commercial transactions, it is necessary to prepare contractual documentation, which depends on the activities of the company. Services include representation in negotiation proceedings, conclusion and enforcement phase of commercial contracts. A well-prepared commercial transaction is often decisive for the outcome of a potential commercial dispute.
The field of corporate law includes advice on legal status, establishment, management and administration of transactions, changes and winding-up of companies. Services include consulting and drafting of basic acts of companies (statute, articles of association or incorporation), resolutions of the general meeting and other documents, as well as the implementation of the status matter in the register. The substantive and practical realization of innovative ideas require a good knowledge of corporate relationships between founders, management, supervisory bodies and the entity itself.
In practice, mergers and acquisitions include a number of legal transactions aimed at consolidating companies or assets. Examples may be sales and purchase of shares or business interests or assets, mergers or acquisitions of companies, as well as various forms of divisions, including split-offs and spin-offs. In addition to a good understating of statutory law it is necessary to properly evaluate the legal consequences that arise for a successful transaction.
Legal due diligence is the process of collecting and evaluating data and the assessment of legal risks associated with a company. It is usually performed by the buyer (buy-side due diligence) or the seller of a company (vendor’s due diligence) in course an anticipated sale of the company or an investment. Regardless, business owners are increasingly opting for independent due diligence in order to identify and reduce the risks associated with performing business activities. In a summarized report legal risks are explained to the client in an understandable way presenting the basis for appropriate measures.
Competition law (also antitrust law) governs restrictive practices, concentrations of undertakings and unfair competition. The concept is often popularly associated with cartels or oligopoly or monopolistic competition. This area can be important when concluding complex commercial contracts. Often permanent changes in control (for example, the purchase of shares or business stakes) may trigger the obligation to notify the concentration to the Slovenian Competition Protection Agency and obtain clearance. The agency also conducts infringement proceedings for restrictive practices. Statutory law is stringent. Thus, a timely response to competition law challenges can be essential to a company’s operations.
Intellectual property regulates all rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields. The field includes copyright and related rights, patent, model, trademark, geographical indication, company name, computer programs, domains, protected databases, protection against unfair competition and other specific areas. Understanding the formation of individual rights, the terms and scope and protection of intellectual property rights is crucial.
Information technology law provides a legal framework for collecting, processing and disseminating data in electronic form. The challenge is to organize legal transactions in a way that ensures business compliance efficiency. It is also important to anticipate potential sources of dispute or infringements and draw up agreements and internal policies accordingly with the aim of reducing risks, such as litigation, inspection and misdemeanor proceedings. Since the field is not governed by one regulation, it is necessary to connect many legal areas, such as contract law, intellectual property, electronic commerce and communications, consumer protection, personal data, trade secrets and labor law.
As of May 2018, this field is governed by the General Personal Data Protection Regulation (GDPR). An important principle for companies is the responsibility principle, which imposes on the controller the responsibility to process personal data in accordance with regulations and the obligation to be able to demonstrate such compliance. Companies are thus obliged to check their business and adjust it in a way that ensures compliance with the protection of personal data. Issues of legal bases for processing, contracts, records of processing activities, policies and internal acts, designation of data protection officer, enabling rights to individuals, impact assessments, etc., may arise. This broad area is governed by a number of sectoral regulations depending on a specific activity of the respective company.
Dispute resolution involves a number of processes aimed at resolving disagreements, disputes or deciding upon claims. Services include representation in court litigation (for example, commercial or damage compensation disputes) and non-litigious (such as registration and other) proceedings, alternative dispute resolution in mediation proceedings, out-of-court settlement of consumer disputes. Timely preparation and assessment of the seriousness of legal claims can be extremely important for a favorable outcome of the dispute. To that end, informal out-of-court dispute resolution can often be the most effective form of resolving claims arising from contractual or non-contractual relationships before going to court.
Individual and collective employment relationships and labor protection are concepts that most companies encounter sooner or later. Employment contracts, mandatory and optional internal acts, employment safety and health and employee participation in management, as well as termination of the employment relationship and representation before administrative (inspection) bodies or in court proceedings are just some of the important areas. A well-designed legal structure can reduce labor law risks.
In the course of business, companies may encounter (some even regularly) administrative matters in which state authorities and other bodies or holders of public authority decide on their rights, obligations or legal benefits. This can include a variety of material relations ranging from tax and other (inspection) proceedings, municipal contribution levies, deciding on water rights, games of chance, to questions relating to access to public information and personal data rights, etc. It is crucial to have a good understating of the rules pursuant to which material rights and obligations are exercised, and after the exhaustion of legal remedies before the administrative body, also of judicial protection in the administrative dispute.
Check out our latest news
CHANGES TO WORKING TIME OBLIGATIONS
On 21 April 2023, the National Assembly of the Republic of Slovenia adopted an amendment to the Labor and Social Security Registers Act (ZEPDSV-A) effective as of 20 May 2023. The amendment introduces significant changes in the field of obligations and recording of working time. Until now, employers were obliged [...]
THE INFORMATION COMMISSIONER GOT CLAWS
After several years of coordination, the new Personal Data Protection Act (ZVOP-2) entered into force on 26 January 2023. The long-awaited law finally harmonized Slovenian legislation with the General Regulation on the Protection of Personal Data (GDPR). Although GDPR is directly applicable and controllers and processors have already been obliged [...]
Proactive rather than reactive
By anticipating, planning and taking action we strive to create and control the situation, rather than merely reacting to it
Lenart Pivec
Practice: commercial, corporate and competition law, IP & IT & personal data, dispute resolution and administrative procedure & dispute.
Languages: Slovenian, English, German and Croatian.
Membership: Bar Association of Slovenia, trademark and design agent
Jerneja Horvat
Practice: commercial and corporate law, IP & IT & personal data, labor law and dispute resolution.
Languages: Slovenian and English.
Membership: Bar Association of Slovenia, trademark and design agent.
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