Sales

Use of Personal Data
  • Teikiame konsultacijas dėl Bendrojo duomenų apsaugos reglamento (angl. General Data Protection Regulation), kuris nuo 2018 m. gegužės 25 d. tiesiogiai taikomas visose Europos Sąjungos valstybėse narėse.
  • Teikiame asmens duomenų apsaugos pareigūno paslaugą. 
  • Konsultuojame klientus asmens duomenų teisinės apsaugos klausimais, rengiame vidinius įmonių dokumentus, reglamentuojančius asmens duomenų tvarkymą, padedame klientams registruotis duomenų valdytojais ir atliekame kitus su asmens duomenų apsauga susijusius veiksmus.
  • Atstovaujame klientų interesus kilus ginčams dėl asmens duomenų tvarkymo teisėtumo.
  • Daugelį metų sėkmingai konsultuojame vieną didžiųjų prekybos centrų asmens duomenų naudojimo, organizacinių ir techninių priemonių, leidžiančių apsaugoti asmens duomenis ir duomenų apsaugos teisiniais klausimais. Klientui parengėme dokumentų paketą tiesioginės rinkodaros ir lojalumo kortelės naudojimo klausimais bei įregistravome Asmens duomenų apsaugos inspekcijoje kaip asmens duomenų tvarkytoją.
Prohibited Agreements

Lawyers

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Jurga Gradauskaitė
Partner


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Džiuginta Balčiūnė
Partner


E-commerce

Lawyers

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Jurga Gradauskaitė
Partner


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Skirmanta Balsevičienė
Senior Associate

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Valentinas Knyva
Senior Associate

+370 5 248 76 70
valentinas.knyva@ilaw.legal

Exclusive Distribution

Lawyers

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Jurga Gradauskaitė
Partner


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Skirmanta Balsevičienė
Senior Associate

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Svetlana Naumčik
Associate Partner

+370 5 248 76 70
svetlana.naumcik@ilaw.legal
Marketing and Advertising

Lawyers

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Jurga Gradauskaitė
Partner


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Ramunė Šaikuvienė
Senior Associate

+370 5 248 76 70
ramune.saikuviene@ilaw.legal
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Skirmanta Balsevičienė
Senior Associate

Publications | Deals | Cases




Unfair Competition
  • We provide representation in legal disputes and provide consultations on unfair competition actions, unlawful acquisition and disclosure of commercial (industrial) secret and compensation of damage in a sum of over EUR 15,000,000. The objects of disputes include actions/accusations regarding unlawful acquisition, disclosure and use of confidential information and commercial secret, solicitation of clients and employees, obtaining of unlawful competitive advantage, fulfilment of undertakings according to non-disclosure and non-compete agreements and compensation of damage (losses). We provide consultations on the application of specific means to ensure due protection of company's commercial secrets. We represent the interests of clients in lodging claims regarding the performance and termination of unlawful actions related to unfair competition or providing defence against such claims. We prepare agreements on the protection of confidential information and commercial secrets, non-compete agreements, conduct negotiations regarding the terms and conditions of the aforesaid agreements.
  • In unfair competition cases, we defend the interests of the company against the performed unlawful actions of unfair competition, by associating the damage incurred by the company with the decrease in the prices of certain group of goods in Lithuania.
  • In 2012 – 2016, Donata Markevičienė represented the interests of transport-forwarding company UAB Auto Express in unfair competition case where a completely new case-law of the Supreme Court of Lithuania has been formed as well as a precedent in the cases of such nature. New interpretations have been submitted in the case with regard to the following: (1) concept, formal characteristics and finalising of a commercial secret; (2) separation of commercial secrets from confidential information; (3) separation of legal consequences of the obligation to protect a commercial secret from legal consequences arising from non-compete agreements. In this civil case, the claimant has proved that, in cases of such type, the claimants shall have a simultaneous right to request the award of both the income foregone (in the form of net profit) and the property benefit received as a result of unlawful actions of defendants (in the form of net profit) (ruling of the Panel of 7 Judges of the Supreme Court of Lithuania of 5 February 2016 in civil case No 3K-7-6-706/2016). After the case was won in the Supreme Court of Lithuania, the defendants implemented the court decision in a benevolent and complete manner whereby the compensation of damage in the amount of EUR 60,000 (including litigation costs and interest) have been awarded (in the aforementioned case, the Claimant asked for compensation of only part of incurred damage).
  • In 2014-2015, in unfair competition case, we managed to defend the interests of employee accused of takeover of commercial secret from the former employer (one of the largest wood processing companies) and disclosure of such secret to third persons. In the criminal case that was heard before the civil case, the employee admitted the performance of unlawful actions in full, admitted to have copied and unlawfully transferred the commercial data of former employer to a third person. A criminal order has been adopted and the employer was recognised as guilty for the unlawful monitoring, recording, takeover, acquisition, storage, embezzlement, dissemination and any other use of non-public electronic data. Despite the complicated nature of situation, we managed to reach a peaceful agreement on the takeover and disclosure of commercial secret of the value of EUR 434,000 by paying a compensation in the amount of only EUR 7,600.
  • We have represented the interests of company engaged in consultations on the matters of business risk management, insurance and reinsurance in unfair competition case where we managed to prohibit the competing company and employees from using, transferring, publishing the claimant's information on the claimant's clients, partners, competitors, contact information of business partners, databases, commercial relations, claimant's expertise, terms and conditions of pending/concluded transactions, financial information, company's income, costs, settlement procedure and to award all the income foregone of the claimant (mediation fee) for the solicited clients. After the case was won in the first and appeal instances, the defendants implemented the court order in a benevolent and complete manner.
    In unfair competition case, we managed to prove the unlawful use of commercial secrets of a legal person – data on company's clients. In the civil case, the property claims amounted to EUR 170,000 in net profit foregone.
  • We have represented the interests of the employee seeking for a legal use of commercial secrets and interests of former employer (after incorporation of a competing economic entity). The employee and the employer (a company engaged in accounting services) concluded an agreement on basis whereof the former employer allowed the former employee to use the data about employer's clients in a legitimated manner (data on contact persons, persons in charge of decisions, established business practice, technical information useful in performance of activities, service and quality requirements, planned projects, solvency, etc.).
  • We represented and defended the interests of a logistics company in a case regarding unfair competition actions, unlawful acquisition and disclosure of commercial (industrial) secret and compensation of losses where the claimant was awarded all the direct losses incurred by the claimant due to unlawful actions of the competitor and former employee resulting in the solicitation of clients.
Sale, Supply and Service Contracts
  • We have consulted and prepared a complex of agreements to one of the largest commercial business technology companies in the Baltic States with regard to the development, installation and testing of a specialised software for self-service systems and granting of licences to use this software.

Lawyers

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Jurga Gradauskaitė
Partner


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Skirmanta Balsevičienė
Senior Associate

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Svetlana Naumčik
Associate Partner

+370 5 248 76 70
svetlana.naumcik@ilaw.legal

Publications | Deals | Cases




Trademarks

Lawyers

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Jurga Gradauskaitė
Partner


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Skirmanta Balsevičienė
Senior Associate

Publications | Deals | Cases




Debt Collection
  • We provide clients with regular debt control and recovery services in both extra-judicial and judicial procedure.
  • For many years, we have been providing successful legal representation to one of the largest groups of companies engaged in the sale of argro-chemical goods in cases regarding the recovery of debts.

  • In 2015, we recovered a debt of over 2 million euro to one of agro-market companies.

  • In 2014, we successfully completed a 5-year long recovery of EUR 35,000 to the benefit of clients from the bankrupt company, by establishing and awarding damage from the bailiff who conducted the recovery.

Lawyers

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Eglė Višinskienė
Senior Associate

+370 5 248 76 70
egle.visinskiene@ilaw.legal

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Neringa Gylytė
Senior Associate

+370 5 248 76 70
neringa.gylyte@ilaw.legal
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Milda Jogėlaitė
Associate

+370 5 248 76 70
milda.jogelaite@ilaw.legal
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Justina Ramašauskaitė
Senior Associate


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Svetlana Naumčik
Associate Partner

+370 5 248 76 70
svetlana.naumcik@ilaw.legal
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Vilma Ramanauskaitė
Partner


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Lina Bulovienė
Senior Associate

+370 5 248 76 70
lina.buloviene@ilaw.legal

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Inga Černytė
Associate

+370 5 248 76 70
inga.cernyte@ilaw.legal

Publications | Deals | Cases




Consumer Rights
  • We have represented a consumer in a dispute regarding termination of consumer purchase and sale agreement and reimbursement of the money paid. In a part of litigation costs, the dispute reached the Supreme Court of Lithuania. In its Ruling No 3K-3-647-248/2015 of 9 December 2015, the Supreme Court of Lithuania noted that, in reducing the awarded litigation costs, the court of appeal instance unreasonably focused on one of the criteria – the amount of the sum asked to the awarded. By cancelling the ruling of the appeal instance whereby the litigation costs were considerably reduced, the Court relied on the following arguments: first of all, the dispute was settled in extra-judicial procedure, it was settled to the benefit of the claimant, however, the defendant failed to perform the instructions of institutions involved in the examination of dispute (State Non-Food Products Inspectorate and State Consumer Rights Protection Authority); after the claims of the claimant had been met on the basis of court order, the defendant submitted oppositions and, as a result, the case was examined according to the dispute proceedings, the defendant ignored the right of consumer to recover the money paid for the product of inadequate quality, thus, the legal aid costs incurred by the consumer were largely conditioned by the behaviour of the defendant.

Lawyers

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Jurga Gradauskaitė
Partner


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Eglė Višinskienė
Senior Associate

+370 5 248 76 70
egle.visinskiene@ilaw.legal

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Skirmanta Balsevičienė
Senior Associate

Public Procurement
  • In the Supreme Court of Lithuania, we have represented a supplier involved in a public procurement and have managed to prove the unlawful actions of the contracting authority in evaluation of the qualification of suppliers. Pursuant to the case-law of the Court of Justice of European Union, a precedent has been formed in the case when interpreting the compliance of suppliers with the minimum qualification requirements in case of deferred payment of social insurance contributions.
  • We have represented a supplier before the Supreme Court of Lithuania in a case concerning the liability of the contracting authority for unlawfully conducted public tendering procedure and application of alternative sanctions. A practice has been developed in the case regarding the limitation of liability of the contracting authority and authorised contracting authority for unlawful public tendering procedure.
  • When representing a supplier involved in public procurement before the Supreme Court of Lithuania, we have won the case regarding the annulment of unlawful decision of the contracting authority. A precedent has been formed regarding the interpretation of public procurement documents and content of applicable qualification requirements regarding penalisation for professional misconduct.
  • The representation of a supplier who had been unlawfully excluded from the public tendering procedure resulted in a formation and development of a principle of effective defending of the breached rights of suppliers. Subsequent to the demonstration of the income forgone in the public procurement contract, the losses in the amount of nearly EUR 10,000 have been awarded from the contracting authority.
  • When representing a supplier who had been unlawfully excluded from the public tendering procedure of the value of over EUR 463,000, the unlawful conduct of contracting authority has been proved. In interpretation of the principle of transparency, a practice has been formed regarding the duty of the contracting authority to evaluate a qualification of supplier – requirement regarding the experience of a supplier.
  • The representation of a supplier who had been unlawfully excluded from the public tendering procedure resulted in the development of a practice regarding the award of compensation of damage from the contracting authority and authorised contracting authority that actually performed the tendering procedure. The value of contract in the amount of EUR 39,500 (income foregone) has been adjudged jointly and severally from the municipality and its authorised contracting authority.

Lawyers

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Justina Ramašauskaitė
Senior Associate


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Vilma Ramanauskaitė
Partner


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Tomas Seikalis
Public Procurement Expert

+370 5 248 76 70
tomas.seikalis@ilaw.legal

Publications | Deals | Cases