Mr Kosek is a regular legal advisor to large businesses (including entities with State Treasury participation). His responsibilities include representing clients in high-value commercial negotiations and coordinating due diligence teams (among others, he was a coordinator of such teams for a privatised State Treasury company with PLN 320 million contract and a Polish speedway club in the elite league).
His responsibilities include representing clients in very high-value commercial negotiations, coordinating the work of teams providing day-to-day legal services to businesses on
- labour law
- social security law
- corporate law
- litigation law
- project implementation
- environmental law.
Mr Kosek has over 10 years’ experience in dealing with all types of corporate dispute. Within the scope of his practice, he has conducted proceedings for the annulment / revocation of resolutions of governing bodies of corporations, proceedings concerning so-called acting in concert, proceedings for the breach of shareholders' obligations, actions for the redress of damage to the company (actio pro socio), cases concerning the payment of dividends, proceedings for the exclusion of a shareholder and dissolution of a limited liability company and cases for piercing the corporate veil.
In addition, he has extensive experience in high-value litigation. He has represented a transmission company in high-stake and multi-faceted disputes, in claims related to the location of transmission facilities.
Ms. Kosek also represents members of company governing bodies in criminal proceedings in so-called white collar crimes.
He has appeared in dozens of administrative proceedings and proceedings before administrative courts related to the Gambling Act (including license proceedings). He also represented clients before the European Commission in the procedure in raising objections in the course of the notification of the amendment to the Gambling Act.
He is a member of the supervisory boards of large businesses.
He serves as Deputy Disciplinary Ombudsman of the Kraków Bar Association of Advocates.
Prior to co-founding GRK, he worked with some of Poland's largest law firms, inter alia heading their business law and trade and distribution practices.
Experience:
- provision of legal advice to, among others, the following business entities: Tauron Polska Energia S.A., Tauron Ciepło Sp. z.o.o., Grupa Azoty S.A., Grupa Azoty Kędzierzyn S.A., Grupa Azoty Jrch Sp. z.o.o., Energa S.A., Polski Koncern Naftowy Orlen S.A., Frito Lay Poland Sp. z.o.o., Pepsi Cola General Bottlers z.o.o, Budostal - 5 S.A., Formaster S.A., Castorama Polska Sp. z.o.o., Jastrzębska Spółka Węglowa S.A., Coca-Cola HBC Polska Sp. z.o.o., Zakład Farmaceutyczny Amara Sp. z.o.o., Es-System Group companies, Novomatic Group companies
- representation of a joint-stock construction company in a PLN 25 million court dispute with the Małopolska Region authorities, involving the client's claims related to the implementation of a construction project carried out under public procurement
- representation of a joint-stock company in a court dispute with the State Treasury in connection with the client's claims for damages under so-called legislative unlawfulness (claims related to violation of EU regulations). The amount in dispute was PLN 41 million
- represention of a client in disputes concerning claims related to the performance of electricity purchase contracts and electricity-related property rights. The amount in dispute exceeded PLN 100 million
- representation of a foreign investment fund in the course of very extensive enforcement proceedings of monetary claims of EUR 13 million
- participating as a member of the team representing the client in the conclusion of a PLN 320 million privatisation (share purchase) agreement
- representing clients in negotiations on the territory of the Republic of Slovenia regarding the purchase of shares and an investment agreement relating to a Slovenian law company – the total value of the contracts amounted to EUR 6 million
- coordinating the team carrying out due diligence of a company and representing the client in the preparation and negotiation of the agreement for the acquisition from foreign investment funds of 100% of the shares in a company owning a polypropylene fabric and yarn factory
- contract preparation and representation of the client in the negotiation of a PLN 19 million construction contract (construction of a production facility)
- participation in the team representing the client in negotiations with trade unions regarding a high-value social package of a privatised State Treasury company
- preparation and execution of a bond issue procedure for a client in the amount of PLN 1.5 million
- preparation of a number of memoranda on the Gambling Act (e.g. on promotional lotteries, online gambling, legality of possession of gaming machines and legal effects of planned amendments to the regulations)
- appearing before the National Revenue Administration in matters relating to the notification of the manufacturer/distributor of gaming machines and the keeping of records of gaming machines
- long-standing legal advice to Europe's largest and one of the world's largest global gaming service providers (an entity with a total of 25,000 employees worldwide, EBITDA in 2016: EUR 588 million)
- long-standing legal advice to one of Poland's leading jug filter manufacturers
- heading the team conducting the M&A procedure for three joint-stock companies from a capital group operating in the manufacturing sector. The total value of the merged companies amounted to over PLN 300 million (with total annual sales of PLN 150 million).