Mr. Michal Smrek's practice involves telecommunications, private equity, intellectual property and entertainment, data protection and insurance.

Telecommunications
Mr. Smrek was part of the team that advised Belgacom on the attempted acquisition of Český Telekom and its mobile operator Eurotel in privatization, the Ministry of Transport and Communications and the Czech Telecommunications Office in the 1999 GSM 1800 tender, and Pragonet a.s. on the acquisition of a strategic partner to enable the company to develop its metropolitan area network.

Mr. Smrek has recently advised the Bulgarian Telecommunications Company (BTC) on the establishment of the third GSM network in Bulgaria, which included advice on supply and maintenance contracts for GSM equipment and on customer care and billing system contracts.

Mr. Smrek also advised JP Morgan, AIG and BCEE in the acquisition of a leading Czech cable TV company, TES Media/Intercable, mainly in relation to the acquisition of local cable TV networks, preparing due diligence reports and drafting related documentation.

He also advised a telecommunication operator in respect of licensing issues connected with the provision of the 3.5Ghz frequency spectrum. Other experience includes advising an Irish telecommunications operator on the acquisition of a Central European telecommunications operator, GTS, a private equity fund on the acquisition of Aliatel, and several other telecommunication operators in respect of regulatory issues, consumer protection, and competition law and its impact on the telecommunications industry.

Corporate and Private Equity
Mr. Smrek has extensive experience in private equity transactions and general corporate M&A work in the Czech market. In private equity, Mr. Smrek is experienced in the structuring of transactions, including LBO, MBO and MBI transactions, and has experience in working for both private equity funds as well as for the management. He is also active in the Czech Venture Capital Association (CVCA), which he advised on legislative changes and comments to the draft legislation affecting the Czech private equity industry. In January 2005, Mr. Smrek participated in preparation of legal analysis of the proposed changes in the Act on Collective Investments, including suggestions of potential legislative changes, for CVCA within the legislative process at Czech Parliament.

Mr. Smrek recently advised:

• The Czech state (National Property Fund), on the proposed privatization of state-owned coal mines, Severočeské doly and Sokolovská uhelná;
• DBG Eastern Europe, on the sale of its stake in a leading CEE computer games publisher and distributor, CENEGA N.V., and on the acquisition of an electronic devices retailer, Flanco Holding Limited, in Romania;
• On the acquisition and subsequent sale of VVT-Vítkovice Valcovna Trub a.s., the leading producer of finished and semi-finished steel products, to Třinecké Železárny a.s.;
• Dresdner Kleinworth Capital, on the attempted acquisition of Bonton Film Entertainment a.s.;
• ENI S.p.A., on the attempted acquisition of ARAL petrol stations in the Czech Republic;
• The founders of an e-business company, Samba Digital Media s.r.o., in securing their venture capital investment;
• Bancroft Capital, as a key member of the legal team, on the acquisition of Computer Press;
• Baring Communication Equity, as a key member of the legal team, on the acquisition of Netcentrum; and
• A major venture capital fund, on investments in IT and Internet companies in the Czech Republic and Slovakia

Mr. Smrek was a member of the due diligence team advising the ultimately successful bidder in the purchase of the third largest bank in the Czech Republic through a privatization tender.

Intellectual Property and Entertainment
Mr. Smrek has extensive experience with trademark registration, research and drafting of licensing agreements related to trademarks.

Mr. Smrek advised a leading e-services company on its day-to-day IP, IT legal matters. He also advised a leading US entertainment company in respect of various IP issues relating to their film production and distribution activities in the Czech Republic. He advised a US film studio on the production services agreement and other contracts relating to Czech production issues with respect to the shooting of the motion picture, "The League of Extraordinary Gentlemen" in Prague. He also frequently advises Czech movie director Vladimir Michalek on the director's contracts and production issues.

Data Protection
Mr. Smrek advises several financial institutions on personal data administration, connected regulatory issues and on contractual relations with consumers. He has been a member of the joint team with Accenture, which advised Komerční Banka a.s. on the project of personal data sharing for marketing and other purposes within its group.

Insurance
Mr. Smrek has extensive experience advising Czech and international insurance and reinsurance companies, as well as their clients, on several insurance regulatory issues, the wordings of insurance terms and conditions, and also on claims settlement. Recently, he also frequently advises foreign insurers and insurance intermediaries on the provision of insurance services on the freedom of services basis. The insurance experience of Mr. Smrek includes, among others, advising:

• Dixons/Electroworld, on the introduction of and contractual framework for the provision of extended warranty insurance products to customers including consumers;
• A Swedish insurer, on the application of IMD on the Czech market;
• A leading German insurer, on the bank assurance contract with a leading Czech retail bank;
• A Czech non-life insurance company, on the adjustment of the wordings of general terms and conditions to comply with new Czech insurance legislation after EU accession;
• An unspecified Lloyds of London syndicate, on the settlement of a re-insurance claim against a Czech insurer;
• On Czech insurance law issues relating to holocaust litigation against an Italian insurance company;
• A pool of re-insurers and a claim adjuster, on several 2002 flood claims; and
• A leading European insurance company, on the attempted acquisition of Slovenská poisťovňa.

Bars and Courts
Czech Bar Association

Education
Master's Degree, Charles University, Faculty of Law, Prague, Czech Republic, 1999
BA, Bachelor degree in Political Science, Charles University, Prague, Czech Republic, 1996

Publications
"Company Law Across Europe" Czech Republic Section, An EVCA Tax and Legal Committee Paper, June 2004
"Facilitating Access of Venture Capital and Private Equity Funds to Local Financing Sources" —Draft Legislative Measures publication by CVCA,  October 2004
Article "E.U Financial Conglomerates Law to be Implemented under Draft Act" in World Securities Law Report, Volume 11, Number 10, published by BNA International, October 2005
"Priorities for Venture Capital and Private Equity in the Czech Republic" publication by CVCA, 2001

Languages
Czech
English
Slovak

Citizenship
Czech Republic