KOHAJDA & PARTNER Law Firm

Our Areas of Expertise

Our areas of expertise cover the key legal fields in which decisions most often determine the risk, value, and long-term stability of our clients’ businesses and personal affairs. We approach every matter strategically, with an emphasis on legal certainty, practical applicability, and predictability of outcomes. We assess legal solutions within a broader economic, tax, and regulatory context, ensuring that they stand up not only in formal terms but also in everyday practice. Below you will find a detailed overview of the areas in which we provide comprehensive legal services.
Our Areas of Expertise

Tax

We provide legal advice on tax matters, with a particular focus on protecting our clients in proceedings before tax and customs authorities and in related disputes before the administrative courts. Our work typically involves situations where procedural certainty, precise legal argumentation, and the ability to align legal frameworks with the economic realities of business are essential—from routine audits to highly contentious cases with significant financial implications.

We represent clients at all stages of tax proceedings, from initial strategy and communication with the tax authorities through to judicial review. We prepare procedural submissions, legal opinions, and comprehensive legal arguments, conduct negotiations with administrative authorities, and structure our approach to ensure that it is both substantively persuasive and effective in minimising reputational and operational risks.

In the context of transactions and investments, we also provide analyses of tax implications and practical recommendations for their implementation.

Our tax practice is underpinned by a strong integration of legal and tax expertise within our team. Clients benefit from the fact that our lawyers have extensive experience in tax law not only in commercial practice but also in academia—including teaching at Czech universities—and in professional writing requiring a high degree of analytical rigour and engagement with case law.

A key competitive advantage lies in our direct experience of the legislative process and the drafting of legislation. This gives us a detailed understanding of developments in tax regulation and enables us to prepare our clients in a timely manner for specific changes affecting them. In practice, this allows for the early implementation of internal measures, the adjustment of contractual and procedural arrangements, and the prevention of future disputes or potential sanctions.

We also work closely with trusted external experts. Where appropriate, we coordinate with tax advisers and accountants and draw on consultations at the level of the Ministry of Finance and central tax and customs authorities to ensure that the chosen strategy is legally sound, procedurally robust, and commercially appropriate.

Our services typically include: representation in proceedings before tax and customs authorities; tax disputes before the administrative courts; tax advisory services; analyses of the tax implications of business and investment transactions; and advice on tax aspects of real estate and its use.

Our Areas of Expertise

Real Estate Development

We provide comprehensive legal advice on real estate development and the management of property assets—from the acquisition phase through to sale, long-term use, or commercial leasing. We assist clients in structuring projects so that they are legally sound, efficiently managed, and economically predictable. We deliver full-service support to developers, investors, and property owners, coordinating legal aspects throughout the entire lifecycle of each project.

During project preparation and implementation, we advise in particular on the strategic legal structuring of development projects, legal due diligence and acquisition documentation for land, and the contractual framework for construction and financing. We also address legal issues relating to building rights and associated proprietary interests. We represent clients before administrative authorities in matters connected with construction and related proceedings, ensuring that each stage progresses smoothly and without unnecessary delay or legal risk.

A key strength of our practice lies in the leasing of premium commercial premises, particularly office and retail space, in Prague and other major cities. We prepare and negotiate lease documentation designed to protect our clients’ commercial interests, minimise areas of potential dispute, and ensure long-term operational sustainability. In both transfers and leases, we place particular emphasis on the precise allocation of responsibilities, operating rules, service arrangements, and mechanisms for change (including indexation, fit-out, handover, and contractual remedies).

We also focus on the tax and legal aspects of real estate transactions and structuring. We assess legal solutions in the context of the project’s economics and their impact on cash flow, ensuring not only legal certainty but also commercially advantageous outcomes. This approach represents significant added value, particularly in more complex transactions and portfolio structures.

Payments in property transactions are typically secured through solicitor’s escrow arrangements held in dedicated client accounts with reputable Western European banks. Funds are kept strictly separate from the firm’s own accounts, ensuring a high level of protection, transparent handling rules, and a smooth settlement process. Our services also include the complete handling of land register filings and related documentation.

Our services typically include: comprehensive support for developers; strategic project planning; land acquisition; construction and building rights; residential and commercial leasing; property transfers; representation before administrative authorities; legal services for real estate agencies; structuring of real estate investments; and solicitor’s escrow arrangements as a secure payment mechanism.

Our Areas of Expertise

Mergers and Acquisitions (M&A)

We provide strategic legal advice on the acquisition of companies and businesses—from initial assessment through to successful completion and post-transaction implementation. We assist with both standard corporate transactions and acquisitions of special purpose vehicles (SPVs), including structures commonly used in real estate development. Our aim is to guide clients through the entire process so that each transaction aligns with their commercial objectives, is legally robust, and economically predictable.

At the outset, we define the transaction strategy and structure, including the timetable, decision-making milestones, and allocation of risk. We design the acquisition process, assess the key legal and financial considerations relevant to proceeding with the transaction, and propose the optimal structure and documentation. We then prepare and negotiate transaction documents and represent clients in negotiations with sellers or target entities—either directly on their behalf or as legal advisers supporting them throughout the process.

A central component of our services is comprehensive legal due diligence of the target company or business. We identify legal risks and implement measures to protect the buyer (or seller) across key areas, including corporate structure, contractual relationships, employment, regulatory matters, real estate, and intellectual property. Where full due diligence cannot be carried out to the desired extent, we design appropriate contractual protections—such as warranties, indemnities, and conditions precedent (CPs)—to mitigate risk and maintain control over the transaction.

We assess transactions within the broader context of financing and tax implications, integrating legal, tax, and accounting considerations to ensure that the chosen structure is aligned with cash flow, reporting requirements, and long-term sustainability. We also establish the legal framework for both internal and external financing, ranging from bank and credit facilities to capital markets funding, including bond issuances where appropriate.

In sensitive matters, we are able to structure transactions with a high degree of discretion. At the client’s request, we can conduct the acquisition process in a manner that preserves confidentiality and limits the client’s exposure to third parties until completion—and, where necessary, beyond—while maintaining full legal compliance, a clear audit trail, and effective control over key decisions.

Our services typically include: preliminary assessment of legal and financial aspects of a proposed acquisition; design of the transaction process and strategy; structuring and preparation of acquisition documentation; legal due diligence (including tax and accounting review in cooperation with external experts); legal structuring of financing (banking, credit, and capital markets); representation in negotiations; and full execution of transactions, including under conditions of enhanced confidentiality.

Our Areas of Expertise

Investment Services

We provide specialised legal advice in the field of investment services and financial markets. We support clients across the entire ecosystem, including investors, investment intermediaries, investment firms, securities traders, and banks. Our focus is on legal certainty, regulatory compliance, and the practical effectiveness of solutions in an environment characterised by rapidly evolving rules, supervisory expectations, and client demands.

We advise investors in particular where investments have suffered losses or where harm has arisen in connection with financial services. We have experience in disputes relating to collective investment schemes, payment services, and long-term or hybrid investment products (such as life insurance, pension savings products, and building savings schemes). We also represent clients in matters concerning credit products, assessing whether services have been structured and provided in accordance with legal obligations and applicable standards of care.

From a procedural perspective, we guide clients towards solutions that are efficient, evidentially robust, and commercially sound. We represent clients in litigation and have extensive experience in proceedings before the Financial Arbitrator, where precise handling of documentation, distribution obligations, and client disclosure is critical. Our objective is to secure effective protection for financial services clients while maximising the enforceability of claims and minimising reputational and operational risk.

We also provide ongoing legal and compliance support to regulated providers of investment services. We assist in establishing internal policies, contractual documentation, and operational processes that meet supervisory expectations while remaining practical for business operations. This typically includes matters relating to distribution, client disclosures, conflicts of interest, remuneration, product governance, and client journey documentation.

We represent clients in proceedings before the Czech National Bank (CNB), preparing regulatory engagement strategies, procedural submissions, and legal opinions. We also support clients in implementing remedial measures to ensure that regulatory outcomes are as predictable and controlled as possible.

Our services typically include: representation in proceedings before the Financial Arbitrator; representation in litigation; legal support and representation in proceedings before the CNB; enforcement of investor protection rights; and ongoing legal and compliance advisory services for investment firms, securities traders, investment intermediaries, and banks.

Our Areas of Expertise

Litigation Strategy

We approach litigation as a structured project with clearly defined objectives, mapped scenarios, and measurable milestones. From the outset, we work with our clients to determine what the proceedings should realistically achieve—whether enforcing claims, protecting reputation, preventing harmful conduct, or securing a favourable settlement. Our strategies are designed to be procedurally robust, evidentially strong, and commercially sound.

A key element of our approach is anticipating the opposing party’s actions and actively managing time, evidence, and procedural options. We analyse the opposing party’s motivations and typical tactics, identify potential weaknesses, and prepare response strategies for critical stages of the proceedings. This enables us to manage disputes proactively rather than reactively, maintaining control over their development.

Our strategy includes the design of an optimal procedural pathway, supported by a comprehensive evidence plan. We determine which evidence should be presented, in what sequence, and which procedural steps are most likely to succeed, while minimising the risk of procedural error. This strategic approach often enables us to secure an evidential advantage—for example, through precise timing of procedural steps, limiting the opposing party’s scope for manoeuvre, and strengthening our client’s negotiating position.

A strategic approach is particularly valuable where there is an imbalance between the parties—whether informational, financial, or procedural. We design solutions that help to redress such imbalances, from securing key evidence and implementing procedural safeguards against obstruction to making effective use of legal tools aimed at protecting the weaker party or preventing further harm.

More complex cases require a strategic mindset—lawyers who understand not only the law, but also the dynamics of disputes and decision-making patterns in judicial proceedings. Our team combines detailed knowledge of procedural instruments with pragmatic risk management and continuous reassessment of whether the chosen strategy best serves the client’s objectives.

Our services typically include: defining litigation objectives and scenarios; anticipating the opposing party’s actions; preparing procedural and evidential strategies; advising on negotiation and settlement; protecting against obstructive conduct; and ongoing management of costs, risks, and reputational impact.

Our Areas of Expertise

Cryptoassets and CASPs

We provide comprehensive legal advice in the field of cryptoassets and digital assets, with a strong focus on European regulation, in particular MiCA (Markets in Crypto-Assets Regulation) and DORA (Digital Operational Resilience Act). We assist clients not only in understanding regulatory requirements, but, crucially, in implementing them effectively within their business models, products, and operational processes, so that compliance supports sustainable growth rather than constraining commercial activity.

MiCA represents a fundamental shift in the regulatory framework governing issuers and cryptoasset service providers (CASPs) within the European Union. We guide clients through the classification of their activities and products, assess the impact of regulatory requirements, and design tailored implementation plans. This includes advising and training management, compliance, and product teams to ensure that new requirements are embedded in day-to-day operations—not merely reflected in formal documentation.

We support the development and implementation of documentation and processes that are critical under MiCA, including registration and authorisation, internal governance frameworks, service provision rules, investor protection, and the proper safeguarding and administration of client assets. Our approach reflects the realities of regulatory supervision: clear rules, a robust audit trail, well-defined responsibilities, and operational feasibility. We ensure that documentation is both regulator-ready and practical for everyday use.

We place particular emphasis on risk management and compliance frameworks, including alignment with operational resilience requirements under DORA. We design systems for the identification, management, and escalation of risks, as well as control mechanisms, reporting structures, outsourcing arrangements, and the handling of ICT incidents and business continuity processes where DORA applies. Our objective is to establish robust yet flexible systems that reduce regulatory and reputational risk while enabling efficient decision-making and scalable operations.

Transparency and user protection are also key areas of focus, particularly in relation to disclosure obligations and the quality of client communication. We advise on how to inform users and investors appropriately about product features, risks, and costs, and how to structure documentation for offerings and services so that it is both legally accurate and readily understandable.

Our practical experience includes the preparation of comprehensive documentation for financial institutions, securities traders, and entities directly subject to MiCA, giving us a strong, hands-on understanding of both market practice and supervisory expectations.

Our services typically include: analysis of MiCA and DORA impacts and classification of activities; support with registration and authorisation (including preparation of documentation); design of governance and compliance frameworks; client protection and asset handling rules; disclosure obligations and client documentation; training for internal teams; and ongoing support in communications with regulators.

Our Areas of Expertise

Family Law

We provide sensitive, professional, and comprehensive legal advice across all key areas of family law. We understand that family disputes and significant life changes are among the most challenging situations clients may face. Our approach is therefore grounded in discretion, an individualised approach, and the careful protection of our clients’ rights and interests—always with due regard to the welfare of children and the long-term stability of family arrangements.

We guide clients from the initial consultation through to the final resolution of relationships between spouses or parents. Our practice includes representation in divorce proceedings, arrangements for children, the determination and variation of maintenance, and related matters that have a direct impact on day-to-day family life. Our aim is to achieve solutions that are not only legally robust but also realistic and sustainable in practice.

A significant part of our work involves financial settlements and the prevention of future disputes. We advise on the division of matrimonial property following divorce, including the assessment of assets and liabilities and the structuring of enforceable agreements. We also assist clients in establishing or adjusting matrimonial property regimes to reflect their individual circumstances and protect their assets—typically through prenuptial agreements or arrangements modifying the statutory property regime.

We handle family law disputes efficiently, with a strong emphasis on minimising escalation. In each case, we assess whether an out-of-court settlement, mediation, or formal court proceedings offer the most appropriate route. We place particular emphasis on the careful preparation of arguments and evidence, clear communication, and a procedural approach that protects both clients and children from unnecessary strain and protracted disputes.

In all matters, we prioritise the best interests of the child and the long-term stability of family arrangements. We seek solutions that are clear, enforceable, and provide a reliable framework for the future—whether in relation to child arrangements, contact, maintenance, or financial matters—so that clients can move forward with confidence.

Our services typically include: representation in divorce proceedings; arrangements for children; determination, variation, and enforcement of maintenance; financial settlements between spouses; preparation of matrimonial agreements (including prenuptial arrangements and modifications of property regimes); representation before the courts; and out-of-court negotiations, including mediation support.

Our Areas of Expertise

Employment Law

We provide comprehensive legal advice in employment law to employers, employees, and senior executives. Our objective is to ensure legal certainty in day-to-day HR matters while delivering prompt and effective support in disputes or sensitive situations. We work with current legislation and case law to ensure that our solutions are modern, practical, and sustainable in the long term.

A key focus of our practice is prevention—ensuring that employment documentation and internal processes are properly structured. We prepare, review, and harmonise employment contracts, executive service agreements, arrangements outside standard employment relationships, and internal policies. Our documentation is designed to be clear, enforceable, and aligned with the organisation’s operational reality, including the definition of roles and responsibilities, benefits, remuneration frameworks, and the protection of confidential information.

We support clients throughout the entire employment lifecycle, from commencement and variation to termination, helping to manage legal and reputational risks associated with personnel decisions. We advise on dismissals, negotiate termination terms, and prepare settlement agreements. In relation to senior management, we place particular emphasis on the precise structuring of termination provisions, liabilities, and post-termination obligations to ensure predictable and controlled outcomes.

In the event of a dispute, we provide strategic advice and procedural representation—from negotiation through to court proceedings. We represent clients in employment disputes and in dealings with labour inspectorates, preparing legal opinions, procedural submissions, and evidential arguments. In each case, we assess the most effective course of action, balancing the benefits of negotiated resolution against the need for firm enforcement of legal rights before supervisory authorities or the courts.

Our employment law practice emphasises prevention and predictability. We assist employers in minimising the risk of disputes and regulatory sanctions, and we support employees in protecting their rights and negotiating fair terms. The result is a legal framework that enables clients to plan their next steps with confidence—whether in managing an organisation or developing a professional career.

Our services typically include: drafting and review of employment documentation (including employment contracts, executive service agreements, ancillary agreements, and internal policies); advice on the commencement, variation, and termination of employment; handling of dismissals and summary terminations; negotiation of severance arrangements and termination terms; and representation in employment disputes, including matters involving labour inspectorates.