Rowan Legal
At which point are assets constituting marital property appraised during settlement?

4.11.2020

Authors: JUDr. Lukáš Duffek, Mgr. Barbora Šimková In a recent decision (Ref. No. 22 Cdo 1205/2019), the Supreme Court dealt with the issue of valuation of marital property (MP) for the purpose of settlement in court with the application of…

The labor code amendment: changes in the calculation of leave

4.11.2020

Authors: Mgr. Martin Murad, Mgr. Adéla Uhrinová, Zuzana Jurová On June 10th, 2020, the so-called big conceptual amendment to the Labor Code was passed. The amendment transposes European law (the directive concerning the posting of workers in the framework of…

Late payment of court fees need not always lead to the end of proceedings

4.11.2020

Authors: JUDr. Lukáš Duffek, JUDr. Jakub Hálek, Mgr. Linda Coufalová In case Ref. No. Cdo 1933/2019, the Supreme Court dealt with the legal issue of time limits for the payment of courts fees when a resolution calling the participant to…

Tax penalties are sometimes considered criminal sanctions

4.11.2020

Authors: JUDr. Lukáš Duffek, Mgr. Martin Dolnák The Czech Financial Administration does not distinguish between deliberate and negligent misconduct in the assessment of taxes when conducting inspections, and in cases of re-assessment of taxes, as part of a tax inspection,…

Law firm of the year announced: ROWAN LEGAL awarded in 2 categories and receives special award in Pro Bono / CSR category for UNIque Law project

3.11.2020

This year we have been recommended in 15 categories (out of a total of 18 potential categories) including 2 awards as Law Firm of the Year 2020 in the Energy & Projects and IT Law categories. We are also very…

New rules of procedure for tax disputes over transfer pricing

2.10.2020

Authors: JUDr. Lukáš Duffek, Mgr. Martin Dolnák, Mgr. Simona Mlýnek Štursová On the 15th of September, the new Act No. 335/2020 Coll., on International Cooperation in Resolving Tax Disputes in the European Union came into force. The Act primarily regulates…

Another conflict between execution and insolvency

29.9.2020

Authors: JUDr. Martin Šubrt, Ph.D., LL.M., Mgr. Ondřej Křížek, Mgr. Lucie Kačerová, Mgr. Barbora Šimková The Supreme Court has already dealt with the conflict between execution and insolvency proceedings several times. In general, insolvency proceedings have priority over execution proceedings,…

Significant amendment to the Business Corporations Act – a summary of the most important points with recommended steps

29.9.2020

Authors: Mgr. Ondřej Křížek, Mgr. Irena Kolárová and Mgr. Pavel Víšek The most substantial changes to the BCA (effective as of 1.01.2021) will be: Introduction of a special type of share/stock with a so-called “dismissal” right (i.e. the right to…

A quiet “rubbish amendment” to the Public Procurement Act

25.9.2020

 Authors: JUDr. Vilém Podešva, LL.M., Mgr. Michal Kožár, Mgr. David Mlíčko Another amendment to Act No. 137/2016 Coll., on Public Procurement is on the way! One of the amendments to the previous Act No. 40/2004 Coll. (for those who still…

How to prove a note receivable in insolvency proceedings?

24.9.2020

Authors: JUDr. Martin Šubrt, Ph.D., LL.M., Mgr. Ondřej Křížek, Mgr. Lucie Kačerová, Mgr. Tereza Holubová Secured promissory notes support the creditor’s position in a relationship of obligation in case the debtor does not comply with a demand. For instance, upon…

Pay attention to internal investigations in your company – or someone else will

22.9.2020

Authors: Mgr. Michal Nulíček, LL.M., Mgr. Bohuslav Lichnovský, LL.M., CIPP/E and Mgr. Anna Cervanová, LL.M. Are you preparing to invest in a new company? Are you a shareholder and want to protect the value of your investment? Be careful, an…

BEPS project to be implemented in some tax treaties with effect from september 1st, 2020

19.9.2020

Authors: JUDr. Martin Šubrt, Ph.D., LL.M., Mgr. Ondřej Křížek, Mgr. Martin Dolnák The Czech Republic has implemented the BEPS Project in relation to Czech double taxation treaties, applying them as minimum standards. In this regard, particular double taxation treaties will…

Podcast: Data privacy law in Cech Republic and Slovakia with the experts of Rowan Legal

18.9.2020

❗New Podcast❗ Know the data protection laws in Czech Republic and Slovakia with Michal Nulíček and Jan Tomíšek  from the law firm ROWAN LEGAL. Meet our experts, know their #dataprotection regime, the connected #laws and the main practical issues faced…

Out-of-court settlement of consumer disputes

14.9.2020

Authors: Mgr. Michal Nulíček, LL.M., Mgr. et Mgr. Ing. Jan Tomíšek, CIPP/E, Mgr. Ondřej Kašpar Do you inform your customers about out-of-court settlement of consumer disputes in the terms and conditions? Section 14 of the Consumer Protection Act (CPA) lays…

IRISH PRIVACY WATCHDOG DECIDES THAT FACEBOOK CANNOT SEND PERSONAL DATA TO THE US

13.9.2020

Authors: Mgr. Michal Nulíček, LL.M., CIPP/E, Mgr. et Mgr. Ing. Jan Tomíšek, CIPP/E, Mgr. Filip Beneš The Irish privacy watchdog has issued Facebook a preliminary prohibition on transferring data to the United States, two months after the Schrems II decision…

Josef Donát, has been selected by Global Arbitration Review’s (GAR)

11.9.2020

We are proud to announce that one of our partners Josef Donát, has been selected by Global Arbitration Review’s (GAR) independent research with clients and peers in Data Privacy & Protection of Who’s Who Legal. More information here.

The implementation of the DAC 6 directive is carried out with effect from 1 September 2020

10.9.2020

Authors: JUDr. Martin Šubrt, Ph.D., LL.M, Mgr. Martin Dolnák, Mgr. Simona Mlýnek Štursová The implementation of the European DAC Directive 6 brings a new notification obligation and the subsequent automatic exchange of information on cross-border arrangements, which may be motivated…

Can an insolvency trustee be appointed a liquidator of a company without his consent?

9.9.2020

Authors: JUDr. Martin Šubrt, Ph.D., LL.M., Mgr. Ondřej Křížek, Mgr. Lucie Kačerová, Mgr. Tereza Holubová The Supreme Court confirmed in a recent decision that the court can appoint an insolvency trustee as a liquidator of a legal entity that is…

REVIEW OF BINDING OPINIONS UNDER THE BUILDING ACT REGIME

8.9.2020

Authors: JUDr. Lukáš Duffek, Mgr. Petr Zabranský, JUDr. Martin Mezenský Publisher: Právní prostor Binding opinions are the basis for substantive decisions of building authorities. It depends on their content to what extent and whether the construction project will be allowed…

Who’s Who Legal: Arbitration 2021

4.9.2020

We are proud to announce that our colleagues have been selected by Global Arbitration Review’s (GAR) independent research with clients and peers for recognition in the Future Leaders section of Who’s Who Legal: Arbitration 2021. Miloš Olík was recognized on…

NGL Symbio – 5 new partners including ROWAN LEGAL

3.9.2020

We are proud to be a part of this cooperation of independent law firms. We are already looking forward to sharing best practices and know-how to improve our legal services. NGL Symbio is moving forward and is very proud to…

Protection against bankruptcy petitions from creditors is coming to an end

26.8.2020

Authors: JUDr. Martin Šubrt, Ph.D., LL.M., Mgr. Ondřej Křížek and Mgr. Tereza Holubová 📣⭕ On 31 August 2020, the protection period during which creditors could not file bankruptcy petitions against their debtors comes to an end. 🕛 It’s time to…

Online aggregators under the new digital single market’s rules

20.8.2020

Authors:JUDr. Josef Donát, LL.M., Mgr. Michal Nulíček, LL.M., Mgr. Bohuslav Lichnovský, LL.M. Just like supermarkets, online aggregators enable users to obtain the best products conveniently. How will the Directive on Copyright in the Digital Single Market change online aggregators (such…

Use of trademarks in video games in the light of current case law

11.8.2020

Authors: JUDr. Josef Donát LL.M., Mgr. Ing Pavel Hejl and Mgr. David Sláma Publisher: Právní prostor A New York court recently ruled that the use of AMV’s Humvee vehicles in Activision’s games is not an infringement of intellectual property rights…

REVISION EXPERT ASSESSMENT IN CIVIL PROCEEDINGS

3.8.2020

Authors: JUDr. Lukáš Duffek, Mgr. Jaroslav Heyduk a Mgr. Lucie Kačerová Publisher: epravo.cz If the conclusions of the expert opinion do not appear to the court, can it replace them with its own reasoning? At first glance, this makes perfect…

Real estate acquisition tax

31.7.2020

Authors: JUDr. Ing. Miloš Olík, Ph.D., LL.M., FCIArb, Mgr. Martin Murad and Mgr. Jan Novotný, LL.M. On 8 July 2020, in its third reading the Chamber of Deputies passed the proposal of the Ministry of Finance to abolish the real…

Protection of whistle-blowers in the Czech Republic

24.7.2020

Authors: Mgr. Michal Nulíček, LL.M., CIPP/E, Mgr. Bohuslav Lichnovský, LL.M., FIP a Mgr. Anna Cervanová, LL.M. Publisher: epravo.cz Protection of whistle-blowers in the Czech Republic  The protection of whistle-blowers concerns persons who report the abuse of rights, illegal activity, corruption…

Constitutional Court reiterates that a time limit as such cannot be unconstitutional

21.7.2020

Authors: Mgr. Petr Zábranský a JUDr. Martin Mezenský Today the Constitutional Court of the Czech Republic published its finding Ref. No. PL ÚS 25/19 that rejects the proposal of the Supreme Administrative Court to repeal Section 80 par. 1 and…

Online Aggregators Under the New Digital Single Market’s Rules

20.7.2020

Author: JUDr. Josef Donát LL.M., Mgr. Michal Nulíček LL.M., Mgr. Bohuslav Lichnovský LL.M Just like supermarkets, online aggregators enable users to obtain the best products conveniently. How will the Directive on Copyright in the Digital Single Market change online aggregators…

A change in the interpretation of manifest disruption of public order in the conception of absolute invalidity of a legal act

15.7.2020

Authors: JUDr. Martin Šubrt, Ph.D., LL.M., Mgr. Irena Kolárová a Mgr. Pavel Víšek Publisher: epravo.cz On the 10th of June 2020, the Grand Chamber of the Supreme Court of the Czech Republic passed a judgment in case Ref. No. 31…

WHISTLEBLOWING AS AN OPPORTUNITY TO DISCOVER THE BLACK SHEEP IN AN ORGANISATION

14.7.2020

Authors: Mgr. Michal Nulíček, LL.M., Mgr. Bohuslav Lichnovský, LL.M., FIP, and Mgr. Anna Cervanová, LL.M. Why is a whistleblowing system necessary and how can it help you save your good reputation, organization, investments, and even your freedom? It is common…

EXAMINATION OF WITNESS BY THE REQUESTED COURT AS A RULE DOES NOT LEAD TO RELIABLE FACTUAL FINDINGS

13.7.2020

Authors: JUDr. Lukáš Duffek and Mgr. Lucie Kačerová In practice, it is not at all rare that certain acts are performed by a requested court instead of the relevant trial court. Usually this concerns the examination of witnesses or expert…

Electronic surveillance and its use in other criminal cases

7.7.2020

Authors: JUDr. Lukáš Duffek, Mgr. Petr Zábranský, Mgr. Linda Coufalová Electronic surveillance is regulated by Article 158d of the Rules of Criminal Procedure (hereinafter the “RoCP”), in the marginal section called “Surveillance of Persons and Items”. However, the term “electronic…

No-go zones in the use of cookies

2.7.2020

Authors: Mgr. Michal Nulíček, LL.M., Mgr. Bohuslav Lichnovský, LL.M., Mgr. Filip Beneš No-go zones in the use of cookies The Office for Personal Data Protection has released an inspection plan for the year 2020, which announces that this year they…

Still seeing whistleblowing as a nuisance?

1.7.2020

Author: Michal Nulíček, Anna Cervanová and Bohuslav Lichnovský Still seeing whistleblowing as a nuisance? Think again, because management misconduct can turn a company from hero to zero in days. Failure to handle warning notices was the reason for huge financial…

One step closer to class actions

29.6.2020

Author: Mgr. Michal Nulíček, LL.M. and Mgr. Jaroslav Heyduk A European Parliament press release from the 22nd of June about agreement on the revised text of the directive on representative actions has raised hopes for the swift finalization of legislation…

On the possibility of concluding an amendment to a “recorded” real estate transfer contract

29.6.2020

Authors: Mgr. Irena Kolárová and Mgr. Martin Murad According to existing case law, real estate transfer contracts cannot be changed ipso facto (by concluding amendments, etc.) once the title to a property has been entered in the Land Register on…

Case law: a selection of case law affecting the liability of members of statutory bodies

29.6.2020

Authors: Mgr. Irena Kolárová and Mgr. Jiří Ganger The High Court of Olomouc in its decision 5 Cmo 15/2020 among other things commented on when a member of the statutory body should be held liable for their obligations to a…

What changes does the Labor Code amendment introduce?

29.6.2020

Authors: Mgr. Martin Murad and Mgr. Adéla Uhrinová On the 30th of July 2020, or more precisely the 1st of January 2021, a long-awaited amendment to the Labor Code will come into force. Its aim is among others to facilitate…

Significant amendment to the Business Corporations Act – a summary of the most important points with recommended steps   

26.6.2020

Authors: Mgr. Ondřej Křížek, Mgr. Irena Kolárová and Mgr. Pavel Víšek The most substantial changes to the BCA (effective as of 1.01.2021) will be: Introduction of a special type of share/stock with a so-called “dismissal” right (i.e. the right to…

The minimum threshold of property damage in the Criminal Code is not unconstitutional. The possible increase of the limit is a legislative matter

23.6.2020

Authors: JUDr. Lukáš Duffek, Mgr. Petr Zábranský and Mgr. Linda Coufalová The District Court of Liberec as plaintiff called into question the constitutionality of Section 138 Par. 1 of the Criminal Code that determines the property damage threshold after which…

International arbitration might speed up after the coronacrisis. Rowan Legal wants “e-hearings” in the Czech Republic

8.6.2020

Author: Jan Januš Publisher: INFO.CZ CORONAVIRUS IN ADVOCACY | During the coronavirus pandemic, law firm Rowan Legal switched to working from home and in the future plans to offer their people the option of working from home as a benefit,…

Foreign investment protection during COVID-19

3.6.2020

Author: JUDr. Ing. Miloš Olík, Ph.D., LL.M., FCIArb and JUDr. Margarita Karešová Kucharčuk The state of emergency is over, government measures are slowly easing up and we are entering the unknown as regards further developments in the spread of the…

Important temporary changes to corporate law regulations due to LEX COVID

5.5.2020

Author: Mgr. Martin Murad, Mgr. Jan Novotný, LL.M. The newly adopted Act on Measures to Mitigate the Effects of the SARS CoV-2 Coronavirus Epidemic (known as Lex Covid) has introduced some important changes to Czech corporate regulation. What follows is…

Important legal news impacting health care regulation in the Czech Republic

28.4.2020

Author: Mgr. Martin Murad, Mgr. Jan Novotný In connection with COVID-19, we have prepared a brief summary of the most important legal news impacting the health care industry and related activities in the Czech Republic. Prohibition of distribution of medicine…

The Legal 500: ROWAN LEGAL receives highest ranking

21.4.2020

On 15.4. the results of the prestigious international legal rankings The Legal 500 for the year 2020 were announced. The ranking is the result of a several month survey among the clients of law firms. ROWAN LEGAL has received 8…

Can we convene a General Meeting with respect to the government’s emergency measure limiting free movement of persons?

20.3.2020

Author: Mgr. Pavel Víšek a Zuzana Jurová Can we convene a General Meeting with respect to the government’s emergency measure limiting free movement of persons? Emergency measure of the Czech Republic’s Government limited free movement of persons with effect from…

ROWAN LEGAL’S HOTLINE

16.3.2020

ROWAN LEGAL is prepared to help you in these tough times with any questions regarding the consequences of the coronavirus restrictions in the Czech Republic. If you have any questions please do not hesitate to contact us on our dedicated…

ROWAN LEGAL wins top awards from Chambers & Partners

12.3.2020

Chambers & Partners is one of the world’s two most prestigious law firm rankings, based primarily on clients’ feedback. Today, the new rankings for the Czech Republic were released, and it is thanks to our clients that ROWAN LEGAL has…

10 questions for … Lukáš Sommer

3.2.2020

Author: epravo.cz Mgr. Lukáš Sommer became a new partner at ROWAN LEGAL on 1.10.2019. He has long been involved in the public investment sphere and in projects in regulated sectors such as energy and water supply. Recently, he has particularly…

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