Malgorzata Patocka

Counsel
Norton Rose Fulbright Dyczkowski and Partners, Limited Partnership

Malgorzata Patocka

Malgorzata Patocka

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Biography

Małgorzata Patocka is an employment and litigation lawyer based in Warsaw. She focuses on advising domestic and international companies on employment matters related to transfers of businesses, relations with trade unions and work councils, collective bargaining agreements, social benefits packages, collective disputes and contacts with the labour inspectorate.

Małgorzata also advises clients on day-to-day employment issues, such as employment contracts, non-competition agreements and confidentiality covenants. She also has extensive experience of commercial and employment litigation cases.


Professional experience

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  • University of Warsaw (Faculty of Law);
  • She was admitted to the Warsaw Bar of Advocates in 1999.
  • Advocate (Adwokat) 1999

Employment

Advising:

  • a major Polish gas company on non-competition regulations, market practice and internal arrangements with management board members.
  • a number of international companies, including a leading European car company, car parts producer, life insurance company, developer and operator of a power plant and developer and operator of shopping centres, on disputes with senior executives, including court representation.
  • BMW on employment matters related to the acquisition of ING Car Lease Polska.
  • international companies on disputes arising out of the breach of non-competition and confidentiality covenants.
  • international companies on employment contracts for senior executives.
  • international companies on transfers of employees in relation to changes of service providers.
  • international companies on various employment matters in the reorganisation of their Polish businesses.
  • international companies, including a car manufacturer and a car parts producer, on relations with trade unions.
  • Lear Corporation on implementation of a new Code of Conduct, other internal regulations and web-training.
  • TAURON Polska Energia S.A. on employment matters relating to its privatisation through an IPO on the Warsaw Stock Exchange.
  • Vattenfall AB on employment matters related to the sale of its Polish assets.

Litigation

Advising:

  • a major European credit management company in an hoc arbitration under the UNCITRAL arbitration rules on a dispute on payment for shares in a Polish company, the calculation of a post-acquisition earn out and dismissal of key managers on disciplinary grounds.
  • a leading international container ports and terminals operator in proceedings concerning the invalidity of a contract and unfair competition.
  • a leading European aluminium extrusions manufacturer in arbitration under the rules of the ICC in a dispute concerning transfer of shares and payment of damages.
  • a major international chemicals manufacturer in a number of court disputes and criminal proceedings relating to protection of a trademark and against unfair competition.
  • a telecmmunications company in arbitration under the rules of the ICC in a dispute concerning the existence and enforceability of an agreement.
  • a wind power plant in arbitration for a settlement of the long-term sales contract property rights arising from certificates of origin.
  • an international bank on a pre-litigation dispute regarding payment for maintenance services provided to one of its subsidiaries.
  • NRG Energy Inc on the pre-litigation dispute relating to the violation of a trade mark.
  • on the enforcement of a Russian arbitration award in Poland.
  • on the enforcement of an ICC award in Poland.
  • on the enforcement of Czech court interim injunctions in Poland.
  • a developer in proceedings before the Court of Arbitration at the Polish Chamber of Commerce in Warsaw in relation to a dispute concerning payment for shares.
  • a leading European aluminium extrusions manufacturer in two court proceedings concerning payment for shares.
  • a leading European truck company in a number of proceedings regarding liability under guarantee.
  • a major insurance company in proceedings regarding the validity of an insurance guarantee and payment thereunder.
  • a major international car manufacturer in a number of proceedings regarding liability under guarantee, payment of damages and the validity of an arbitration clause.
  • a major international ship-owner in proceedings concerning payment under a ship building contract.
  • a number of international companies acting as creditors in bankruptcy proceedings, including advising on their participation in the creditors' committee.
  • a leading pharmaceutical company in proceedings regarding the protection of moral rights.
  • a number of international companies, including a leading European car company, car parts producer, life insurance company, developer and operator of a power plant and developer and operator of shopping centres, in litigation concerning labour law issues and disputes with former senior managers.
  • an international food producer in proceedings concerning the payment of a stipulated penalty.
  • clients in proceedings concerning the dissolution of co-ownership of real estate in Poland.
  • clients in proceedings concerning usucaption of real estate in Poland.
  • Małgorzata is the author of an article on new Polish arbitration regulations, in force since 2005, published by the International Bar Association in London in its Arbitration newsletter.