Areas of expertise
The lawyers of David & Macek have extensive experience gained in highly specialised cases wherein the provision of legal services at a high added value has been regarded as first and best in class as well as in standard legal cases where the main focus is on cost efficiency and swift action. We provide legal services in all commonly required business-related areas of law. We specialise, in particular, in the following areas:
Banking and loan funding
- drafting and negotiating loan documents of both a bilateral and syndicated character (including loan documents in accordance with the LMA standard);
- designing the structure of debt financing and security in project funding (including acquisition loans);
- drafting exhibit loan and security documents (including the general terms and conditions of business and loans);
- legal counsel in the area of export financing, including the related issues of insurance law;
- drafting debt restructuring documents for loan recipients, including the relevant security documents;
- issues related to financial and operating leases;
- consultancy on the regulation of providers of financial services, etc.
Securities and capital markets
- consultancy in the area of securities, including non-standard securities and complex derivative instruments;
- legal counsel in the fields of the law of bills and notes and law of cheques;
- consultancy on transactions involving securities and derivatives and the use thereof as security;
- legal issues in issuing securities, including drawing up prospectuses;
- consultancy on the provision of investment services, including cross-border advisory;
- assistance in complying with regulatory requirements imposed on securities traders and investment intermediaries;
- representation in administrative proceedings held before the Czech National Bank, etc.
- provision of legal services in acquisitions and mergers of energy sector companies;
- due diligence of energy sector companies;
- legal due diligence of upcoming and existing energy projects;
- legal and regulatory consultancy and analyses in the energy sector, with a deep knowledge of the approach of state institutions to energy issues;
- consultancy on the performance of licensed activities under the Energy Act;
- preparation and negotiation of contractual documents for energy projects for investors, general contractors and subcontractors, as appropriate; and
- representation of clients in proceedings held before the Energy Regulatory Office, State Energy Inspectorate and courts.
Mergers and acquisitions; corporate law
- provision of comprehensive legal services in the acquisitions and mergers of companies;
- conducting of due diligence in companies in the sale or acquisition process;
- structuring transactions according to the clients’ specific requirements and the effective management of negotiations;
- structuring, negotiating and implementing domestic and cross-border projects in the following processes:
- purchase and sale of shares in companies;
- transfer of enterprises or parts thereof, transfer of group of assets;
- de-merger and subsequent sale of parts of an enterprise (so-called de-merger by spin-off);
- joint ventures, including structuring and negotiating shareholders agreements;
- repurchase of shares and “squeeze-out” of minority shareholders;
- takeover bids, mergers and de-mergers of companies.
- organising and managing general meetings, including consultancy to shareholders or members, as well as to supervisory bodies and in corporate governance;
- drafting applications for the registration of changes in the Commercial Register and representing clients in such proceedings;
- providing for corporate changes, such as amendments to memoranda of association and articles or association, increases or decreases in the registered capital, changes of the legal form, etc.; and
- preparing and fully arranging the entire process of the liquidation of corporations.
Insolvency and restructuring
- comprehensive legal counsel in the field of insolvency law, including representation in insolvency proceedings and creditors’ bodies, drawing up applications for the registration of receivables, representation in incidental disputes;
- legal counsel in (non-insolvency) restructuring and reorganisation of businesses (including the preparation of reorganisation plans and support during “prepackaged” reorganisations);
- assistance with the work-out agendas of financial institutions, including the setting-up processes associated withthe effective collection of receivables and enforcement of such receivables in insolvency proceedings;
- legal counsel to companies during the critical development of their business and avoiding insolvency, including debt restructuring;
- in-house legal advice for the work-out department, including support during the setting-up processes for risk monitoring and solving problematic loan cases, etc.
Investment funds and companies; collective investment
- comprehensive legal counsel in the use of various types of collective investment, including qualified investor funds;
- legal assistance in establishing investment companies and collective investment funds, including drawing up the statutes of the fund, basic internal regulations and depositary agreements;
- consultancy on compliance with regulatory requirements imposed on investment companies, investment funds and the depositaries of collective investment funds; and
- representation during administrative proceedings held before the Czech National Bank, including authorisation procedures.
- general consultancy on all areas of labour law;
- consultancy on employment, changes in employment, termination of employment or cancellation of working positions (including drafting the corresponding documents);
- drafting manager employment agreements;
- drafting collective bargaining agreements, etc.
Real estate; construction law
- legal counsel in the purchase and sale of real estate, including the related legal due diligence;
- drafting purchase contracts and contracts for work in residential, administrative, industrial and energy projects;
- drafting contractual documents concerning the lease and management of real estate, including lease agreements and property and facility management service agreements;
- establishing investment funds aimed at investments into real estate and providing the related legal services;
- forming joint-ventures and real-estate groups, including the arrangement of contractual relationships among shareholders;
- representing clients in construction-related proceedings and disputes arising during construction projects;
- dealing with matters of restitution law;
- restructuring companies engaged in real-estate investment; comprehensive insolvency agenda concerning real-estate projects and companies, including the preparation of reorganisation plans, representation in insolvency proceedings, etc.
Litigation and arbitration proceedings
- analysis and evaluation of the justification of clients’ claims, formulating strategy to be used in the proceedings;
- drawing up actions, statements and other procedural pleadings in contentious proceedings;
- representing clients before courts, including proceedings on ordinary and extraordinary remedies;
- representing clients in arbitral proceedings, both in the Czech Republic and abroad; and
- representing clients in administrative proceedings held before administrative authorities, including drawing up procedural pleadings.