Práctica Jurídica

Legal Practice

Our Commercial Group takes a keen interest in the day-to-day matters that affect the operation of your business and can help you with strategic and commercial decisions to make you more successful. We work with a wide variety of clients, from domestic and international corporations to entrepreneurs and family businesses.

We offer expertise in many areas including:

  • Agency and distribution
  • Buying and selling
  • Competitions and other promotions
  • Confidentiality agreements
  • Consumer matters
  • Franchise arrangements
  • Marketing and advertising
  • Outsourcing
  • Trading agreements

As a full service law firm, we can draw on the expertise of colleagues in other areas, such as our regulatory, employment, intellectual property, or tax departments. We also operate industry sector teams with specialist knowledge of financial services, retail, technology, communications, energy, construction, leisure & entertainment.

Most of all we are happy to be your sounding board for key business decisions. As a result of our extensive experience and industry knowledge, we are renowned for being proactive and so we will come to you with ideas that we think might help your business be more successful.

Our Competition & Regulation Department combines technical expertise with a practical problem-solving approach to legal issues. Areas of expertise include:

  • Competition Law
  • Merger Control
  • Public Procurement
  • Cartels
  • Damages Actions
  • Dawn Raids
  • General EU Law
  • State Aid and Public Undertakings
  • Grocery Regulations
  • Telecommunications, Media and Advertising
  • Energy and Transport
  • Free Movement of Persons, Goods, Services and Capital
  • Anti-Money Laundering and Counter-Terrorism Financing
  • Customs and Trade Law
  • Export Control Law
  • White Collar Crime

We represent clients regarding competition investigations before the Irish Competition and Consumer Protection Commission (formerly the Competition Authority) and the European Commission. We have wide experience of practising competition law in the UK, Brussels and Luxembourg, Spain, Portugal, having represented clients before the UK's Competition and Markets Authority (Formerly the Office of Fair Trading), the European Commission, the Court of Justice of the EU and the General Court. We also focus on cartel investigations.

Our expertise in merger control notifications under both Irish and EU merger control rules is widely acknowledged. We frequently co-ordinate multi-jurisdictional merger control filings.

We advise Irish and international clients across a range of regulated sectors, including telecoms, broadcasting, energy and transport. We also advise on certain white-collar crime issues including anti-money laundering.

Our experience in both EU and Irish public procurement law has proven invaluable to contracting authorities (including utility companies) in running projects in compliance with applicable EU and Irish rules.

We are experienced in all areas of EU law, including free movement issues, rights of establishment and customs and trade law. We also advise on both the EU and Irish export licensing regimes for dual-use and military goods.

On contentious issues, we work with our Litigation & Dispute Resolution Department to achieve a positive outcome for clients.

Competition law is a rapidly expanding and ever changing area that can affect all businesses at both domestic and EU levels. Our team advises on all aspects of Irish and EU competition law relating to:
• Agreements and trade practices
• Cartels
• Merger control
• Abuse of dominance
• State aid
We also have extensive experience of merger control notifications under Irish and EU rules. We have frequently co-ordinated multi-jurisdictional merger control filings.

European Union Law has a profound effect on business Europe, and we have built a practice that reflects that. Our team has a strong understanding of the implications of EU Treaties, Directives, Regulations and court judgments.

We advise on:

  • Competition law and State aid
  • Regulatory law, including sectoral regulation, food labelling and product safety
  • Mutual recognition of qualifications
  • Anti-money laundering and counter-terrorism financing
  • Implementation of directives
  • Customs and trade law

We have experience in monitoring European developments and legislation across many sectors and providing advice on the impact such developments will have on our clients. We act for clients on contentious issues before the EU's Court of Justice and the General Court.

Our experience in EU public procurement law is unparalleled. We act across a range of sectors, for public bodies, local authorities, utility companies and businesses in the areas of works, supplies, services and concessions. We maintain close ties with relevant EU officials, including those in the European Commission, the Department of Finance and the National Development Finance Agency.

We specialise in helping contracting authorities (including utility companies) to run projects in compliance with applicable EU rules. We focus on minimising any risks to project delivery.

Where things go wrong we specialise in advising in relation to possible Court challenges. We advise unsuccessful bidders on how best to approach debriefing meetings.

Relevant experience includes:

  • Challenging the contract decisions of public bodies under EU procurement rules
  • Advising contracting authorities on the preparation and management of procurement processes governed by EU rules
  • Preparing the relevant contract notices and scoping the project
  • Advising contracting authorities regarding pre-qualification and short-listing of consortia
  • Preparing the requests for proposals and other tender documentation
  • Advising on preferred bidder selection

The continuing liberalisation of regulated industries over a range of sectors and across Europe presents opportunities and challenges for business, often involving complex legal issues of regulatory, competition and administrative law.

We advise on all aspects of sectoral and utilities regulation, including:

  • Telecommunications – licensing and reporting obligations; significant market power; enforcement of regulatory obligations
  • Broadcasting (including the Audio Visual Media Services Directive) – licensing conditions, approvals for change of control and State aid in the broadcasting sector
  • Energy – gas and electricity licensing; regulatory aspects of commercial transactions
  • Transport – ticketing systems; bus licensing; road haulage
  • Postal Services

Other Utilities

Corporate and M&A have always been the bedrock of our practice at Tejeda & Encinas Hispano Portuguesa de Abogados
Our team has excellent credentials, a wealth of experience and an impressive depth of expertise. We consistently have a central role in the most sophisticated and complex corporate transactions, as well as in large cross-border deals.

Our Company Secretarial Department provides services to a large number of client companies. Our Company Secretarial Team provide an expert and responsive service. Among the services provided by our Company Secretarial Department are:

  • Incorporation of all types of Companies, i.e. Public Limited, Private and Unlimited:
    • Preparation of first Board Minutes and Share Certificates
    • Creation of Statutory Registers and Minute Book
  • Incorporation of Societas Europaea (SE)
  • Annual Companies Acts Compliance Issues:
    • Preparation and filing of Annual Returns with the Companies Registration Office
    • Preparation of Minutes and necessary Statutory Forms in respect of various changes that may occur to include; change in Registered Office Address, change in directors or directors particulars, change in company secretary and change of company name
    • Preparation of documentation in respect of amendments to be made to the Company’s Memorandum and Articles of Association or share capital to include; increase in authorised share capital, allotment of shares, transfer of shares
    • Preparation of documentation to convene and hold the Annual General Meeting or any
    • Extraordinary General Meetings
  • Provision of named Corporate Company Secretary
  • Provision of Registered Office facilities
  • Maintaining Company Registers, Minute Books and Seals
  • Arranging to have documentation notarised and apostiled
  • Minute-taking at Board and Shareholder Meetings
  • Registering companies with a place of business / branch
  • Company Restoration – where a company has been recently struck off
  • Voluntary Strike Off Applications and advice in respect of liquidations
  • Acting as Process Agent
  • Obtaining Company Seals

Our rates are competitive particularly when we provide services to multi-company groups. Specific tailor-made packages can be adapted to suit the specific requirements of our clients.

We advise leading and international private and listed companies, as well as state and regulatory bodies, on all corporate governance and compliance issues, from the straightforward to the most complex.

Our Corporate Governance Group consists of corporate lawyers with vast experience on compliance and regulation within the Capital Markets, Asset Management & Investment Funds and Banking and Insurance industries.

The Group offers clear and practical advice on Corporate Governance – including designing and implementing policies and formal procedures in accordance with applicable Corporate Governance rules, updating these to meet evolving “best practice” standards and reporting to stakeholders on the Company’s Corporate Governance compliance.

The issues on which we advise include:

  • The Companies Acts, including recent changes and the proposed changes in the Companies Consolidation Bill
  • Directors’ responsibilities and duties
  • Directors’ service contracts and remuneration
  • Compliance issues relating to annual general meetings, company accounts, annual returns and reports, directors’ reports and disclosure issues
  • Company transactions and administration
  • Changes in share capital and share structures
  • Compliance with the Listing Rules, Takeover Rules, Market Abuse Rules and Transparency Rules
  • Share dealing rules and restrictions
  • Regulatory investigations and enquiries
  • Engagement of auditors and advisers
  • Setting up business and
  • Company secretarial issues.

Foreign direct investment (“FDI”) is one of Tejeda & Encinas Hispano Portuguesa de Abogados core practice areas. We understand the challenges facing a company looking to establish and grow in. We have a team of commercially focused legal and tax professionals, who are dedicated to promoting and enabling FDI. Our unrivaled experience will allow us to assist you in all stages of the development of your business.

Tejeda & Encinas Hispano Portuguesa de Abogados provides you with a “one stop shop” for all your legal and tax requirements. Our internationally recognised team of lawyers and tax advisors will provide you with practical and commercially driven advice which will enable you to focus on achieving business success.

We have a proven track record in FDI. We have assisted and continue to advise numerous international clients from a wide variety of industries, including ICT, pharma and financial services.

Joint ventures, partnerships and other collaborative structures are an important strategic aspect of many of our clients’ businesses.

We advise local and international companies on joint venture structures, from the most straightforward to the most complex, on partnership arrangements and on other strategic alliance structures. We work closely with our clients in devising and implementing structures that are designed to meet expectations, facilitate the smooth running of alliances and provide a clear path for solutions if issues arise. Input from our financing, tax and employment colleagues has helped us to identify and implement the optimum structures for some of the most successful joint ventures entered into by Irish companies.

Our expertise in advising on these structures is combined with our sectoral expertise in areas such as IT, technology, media, pharmaceuticals, energy, and healthcare, enabling us to deliver the most effective advice in the structuring and drafting of joint venture and other alliance documentation.

Our Employment & Benefits team offers high quality advice on complex employment issues, including regulatory matters, whistle-blowing and corporate immigration, as well as the specialist areas of health and safety and employee incentives. The team has particular skill in advising on general employment matters including employment terms and incentives, statutory rights and obligations, unfair dismissals, equality, redundancy and terminations. Our clients include many leading multinational and local companies, public sector organisations and senior-level employees.
We approach employment law issues with a view to securing commercially desirable outcomes for our clients and we deliver our advice promptly and with clarity. We draw on the expertise of our colleagues in other specialist departments of Tejeda & Encinas Hispano Portuguesa de Abogados on related areas of the law, such as data protection, intellectual property rights and taxation, to provide a comprehensive service.
•Advising on all legal issues relating to the employment relationship
• Representing clients before the civil courts and the Workplace Relations Commission in employment disputes such as discrimination claims, unfair dismissal cases, breach of contract actions, injunction proceedings and prosecutions
• Industrial relations
• Employment aspects of business sales, group reorganisations, corporate recovery, insolvencies and outsourcings
• Employee share plans
• Bespoke employment law training sessions for HR personnel
• Corporate immigration
• Health & Safety

Our Environment & Planning Group excels in applying technical and commercial thinking to this extensive, complex and increasingly regulated area.

Increased 'producer responsibility' as the basis for waste legislation, increased public participation in environmental decision-making, strategic planning for environmental protection by State agencies, increased penalties and supervisory powers and the beginnings of a real interface between economics and environmental protection all make Environment & Planning a critical practice area.

Our areas of expertise Include:

  • Pollution Control Licensing for industry
  • Specialist advice on Contaminated Land issues
  • Waste Management Law and Policy
  • The EU Emissions Trading Scheme and other Climate Change Controls
  • Strategic Infrastructure Controls
  • Planning and Development law: including the complex of legal and procedural rules around applications for planning consent; enforcement by planning authorities; and representation at planning oral hearings
  • Environmental Impact Assessment Law

Represent our clients at all levels of the Courts and dispute resolution, whether by way of conciliation, mediation or arbitration, is a particular strength of the Department. In particular we are known for our expertise in domestic and international commercial disputes.

Our key practice areas are:

  • Administrative & Public Law
  • Corporate Disputes
  • Defamation & Privacy
  • Financial Services
  • Intellectual Property
  • Insolvency & Corporate Recovery
  • Insurance
  • Commercial Property
  • Projects & Construction
  • Healthcare
  • Product Regulation & Liability

As a full-service law firm we are able to draw on the expertise of our colleagues in Tax, Corporate, and Competition & Regulation as well as industry sector specialists to create multi-disciplinary teams to support you to achieve the best outcome. We pride ourselves on delivering innovative solutions for clients.

Our Private Client Group provides specialist legal and taxation advice to private, institutional and commercial clients.

We focus on providing expert technical advice on trust, estate and charity law issues and on the creation and implementation of innovative and efficient arrangements for the preservation, management and transfer of wealth. We are dedicated to providing a top quality personal service with a strong emphasis on meeting clients’ needs, discussing their concerns and carrying out their wishes at every stage of life.

Our expertise includes:

  • Succession law including the preparation of wills and the administration of estates
  • Trust law including the establishment, administration and break up of onshore or offshore trusts
  • Asset management and protection
  • Family partnerships
  • Pre-marriage planning and pre-nuptial agreements
  • The law of capacity, enduring powers of attorney and advanced healthcare directives
  • Philanthropy on a national and international basis
  • Charity law including the establishment, regulation and reorganisation of charities
  • Inheritance tax and all taxation issues affecting estates and trusts

We are also skilled at internationally-structured succession planning and estate administration.

We work closely with our Litigation & Dispute Resolution Department on contentious private client issues including succession claims, trust disputes and marital disputes and with our other colleagues on corporate and tax matters.

Our work is necessarily discreet, and our clients remain confidential.

Our Technology Group is market leading in advising on all aspects of technology matters for suppliers, users and creators. We advise on supply of goods/services, licensing, outsourcing, e-commerce, data protection and intellectual property, as well as the broader range of corporate and commercial transactions typical in a full service law firm. Our client base includes both Irish start-up companies and established international brands.

We provide advice and practical guidance in relation to establishing and operating on-line businesses. Our experience includes distance selling, e-money, terms of business, domain name issues and dispute resolution.

We can help you with the complexities of data protection, obtaining appropriate consents, direct marketing, and assist with issues surrounding data transfers abroad.

We regularly advise clients on large scale projects including outsourcing and system supply, as well as general commercial activities such as the procurement of IT systems, software licensing, applications development, systems integration, support services, export control and cloud computing services.

en_USEnglish
es_ESEspañol en_USEnglish