As society evolves – in politics, opinions, and technology alike – so does law transform. And often at a rapid pace. Pavol Heger knows a fair bit about that, being an expert in business law, mergers and acquisitions, the energy sector, unfair competition, and intellectual property law.
What is at the core of business – or rather corporate – law consulting today? The times of big M&A projects of the 90s and early 2000s seem to be a bygone era...
Speaking in terms of M&A, it's true that the 1990s were a time of truly major projects. The truth also is that we are currently going through truly turbulent and uncertain times. Despite those facts, we could say that this field has seen a bit of a resurgence in recent years. Not only has the number of transactions gone up, but the value of individual companies has grown as well; and if we go into the specifics, the numbers primarily relate to the acquisition of tech companies or e-commerce businesses. The wave of digitalization and the onset of new technologies are essentially unstoppable now. So, in terms of what is at the core of consulting services today, we could say those are primarily mergers and acquisitions in this sector. That is not to say that companies in other economic areas don't make use of mergers and acquisitions to fulfill their strategic goals.
I assume that (geo)political developments and the subsequent implications are also reflected in the structure of requests that your clients approach you with.
Yes, even in our line of work we can clearly see our clients trying to conserve finances due to society-encompassing issues, be it in Slovakia or even worldwide. On the other hand, due to the energy crisis companies are starting to invest in, and focus on, lowering their expenses. They achieve this primarily by implementing energy-saving measures, starting with refurbishing the buildings and manufacturing facilities in their portfolios as well as investing in renewable energy sources. Due to a strong increase in financial support from the EU, we are seeing a surge of interest in building renewable power plants, especially those harvesting solar energy. In general, even in our firm we are seeing increased interest in information and consultation related to green energy, both on a national and an EU level.
Who are your primary clients in terms of the energy sector? Commodity traders, distributors, or energy producers?
Our law firm provides comprehensive law consulting services in the energy sector, which comprise energy production, price determination, and the distribution and trading of energy, gas, and heat. We also participate in the realization of construction, purchases, or sales, as well as the financing of, various types of power plants including legal consulting on construction permits, legal due diligence, and the preparation and negotiation of the full supporting documentation. We also provide consulting services to electricity producers as well as other entrepreneurs in the energy sector. Another intrinsic part of our services is litigation, wherein we represent our clients in terms of the energy sector in proceedings at general district courts, administrative bodies, and the constitutional court. Seeing as the energy sector is a highly regulated area, the entry of a new "player" into the market is a rather complex process that requires comprehensive and detailed knowledge of the legal environment of the given market and the functioning of the regulatory bodies involved.
You are a certified expert on intellectual property law. What specifically does it entail in terms of legal consulting?
It's essentially an additional layer of expertise based on various certified expert courses and seminars in this field from bodies such as the Industrial Property Office, EUIPO, or the European Patent Office. This expertise is primarily based on knowledge rather than competencies, meaning that even colleagues who haven't received the additional education are able to provide services in terms of intellectual property. Continuously educating ourselves and increasing our qualifications is what helps us achieve the highest possible quality of services in this area while making sure they are reflective of our clients' requirements, which can often change over time, and it is something we strive for in our law firm.
Intellectual property rights can also be impacted by unfair competition. Do unfair competition practices change and evolve over time?
Unfair competition practices do evolve over time and offenders in this area are often very inventive. In our practice, we come across various external elements of unfair competition, primarily depending on what economic sector we find ourselves working in on that given project. The offenders often act out various external elements of unfair competition simultaneously, sometimes their actions even constitute the so-called general clause of unfair competition, wherein the actions of the offender meet the definition of unfair competition but are impossible to categorize under any individual external element. There are some practices that still remain. These were often cases of false advertising in the past but you would be surprised to hear that even today there are major corporations that are capable of resorting to such practices. I am unfortunately unable to divulge any specifics but we are currently working on just such a case where our client has been subjected to practices that we truly considered to be a thing of the past.
What do you enjoy about practicing law and which area of consulting do you find most interesting? Is it intellectual property law?
I primarily enjoy law as a vocation because it always brings about new challenges that require you to constantly deliver your very best on a professional level. But if I were to be more specific, I would say that it's business law and, within it, the area of unfair competition, which we discussed as part of your previous question. Legal work surrounding unfair competition often comprises not only business law and unfair competition relations but also matters of intellectual property. That makes it a complex but also extremely interesting topic, one that is certainly not all about mechanically repeating a given activity.
When did you first get the idea to start your own law firm? What was the impetus behind starting one for you and your colleague?
My colleague and I both initially started out on our own. Seeing as we've known each other since university and knowing that we both had the highest ambitions, we decided after a relatively short period to join forces and establish a law firm together. Similar to the Czech Republic, the competition here is truly fierce. And so, if a firm wants to go beyond a local level to become a leader in the field, it needs to make sure that it is well-staffed and able to provide its clients with the highest level of service and expertise that they rightfully expect. I feel that such a thing is not objectively possible on a larger scale for an individual practicing law on their own. That is why our team comprises various other attorneys, articled clerks, and other staff members as well as a network of external experts with expertise in different areas. I'd like to add that we are planning to open our offices in an additional regional Slovak city.
I have to ask about sports law, which is not a regular part of law firm portfolios. Are sports somehow special to you, or was it more of a way to set yourself apart from the competition?
You are correct, sports law really isn't a part of regular law firm portfolios. We decided to provide consulting services in this area partly due to the need to set ourselves apart from the competition and partly due to the fact that my colleague Mr. Hriadel, J.D., and I both played ice hockey in the past and we generally have a very positive attitude toward sports, albeit only as fans and hobbyists nowadays. And so, we know the sports environment intimately not only in terms of legal regulations but also its inner workings in practice. That is why we are able to provide our services to both individual athletes and large organizations, such as the Slovak Olympic and Sports Committee, which is one of our clients.
CV
Pavol Heger (born December 16, 1985) is an attorney and partner at Hriadel & Heger, a law firm based in Bratislava with offices in Trenčín and Žilina, which specializes in business law, mergers and acquisitions, the energy sector, unfair competition, and intellectual property law.
He was born in Trenčín but currently lives in Bratislava.
Heger graduated from the Faculty of Law at Matej Bel University Banská Bistrica. He has been practicing law since 2011. Following his graduation, he went through a series of study programs and specialization courses primarily focused on business law and intellectual property law.
During his time practicing law, he has also gotten to know the legal environment of the Czech Republic. Furthermore, he has been a consultant and lecturer at the Slovak Business Agency for several years.
Heger played ice hockey in the past and still enjoys being active and playing sports in his free time. He enjoys traveling and getting to know new people and cultures, which helps him better understand the approach and thinking of international clients.
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