On February 3, 2022 KIELTYKA GLADKOWSKI KG LEGAL will participate in the seminar organized by Proskauer on Nasdaq listings for European and Asian companies. The seminar will discuss the SEC process, disclosure requirements, corporate governance, ADRs and liability concerns.

The speaker will be Peter Castellon, Partner.

Due to large interest among our law firm’s clients in Nasdaq listing and related requirements, our corporate and regulatory team members will take advantage of the seminar by gaining practical information for our clients in relation to the listing process. The information will be of particular interest for KG Legal’s clients operating in technology and healthcare sector.


KIELTYKA GLADKOWSKI KG Legal will participate in the Insight to Action Leadership Forum

Press the link to the event:

On February 1, 2022 KIELTYKA GLADKOWSKI KG Legal will participate in the Insight to Action Leadership Forum organised by Amazon Web Services with the support of The Wall Street Journal. The event is oriented towards the use of data in modern business as a foundation for innovation and transformation. During the forum, business leaders will share the strategies they have implemented in their companies to help their workforce better manage data.

At the event, experts will discuss the following topics:

– How data strategy enables innovation and agility at companies and how this builds a solid foundation for building more advanced AI/ML capabilities;

– How we prevent the HiPPO (highest paid person’s opinion) effect and empower teams to decentralize decision making;

– How Data-Driven Strategy, Culture, and Organization is at the Intersection of Business Innovation.

The driving force of today’s economy is data. In business it is essential to know how to use it effectively. Participation in this event will allow KIELTYKA GLADKOWSKI to familiarise itself with practical strategies and the latest trends in this field.


Polish tax optimization in connection with the new tax regulations for business and regulations increasing the cost of employing employees in Poland in 2022 – The legal possibility of reducing the salary of a Polish employee and the new tax regulations called “Polish Deal”

At the beginning of 2022, a reform of tax regulations entered into force in Poland, which, in particular, significantly increases the cost of employing a Polish employee. In practice, the new law is called the “Polish Deal” and it is precisely the Act of October 29, 2021 amending the Act on personal income tax, the Act on corporate income tax and some other acts (Polish Journal of Laws, item 2105 with subsequent amendments). The Polish Deal, in particular, increases the operating costs of foreign entrepreneurs employing Polish workers on a large scale under an employment contract under the Polish Labor Law. In such a case, the foreign entrepreneur must bear a much higher cost of maintaining a Polish employee compared to the situation that took place in 2021.

Reducing the Employee’s remuneration as a method of optimizing employment costs? Is it legal?

In practice, entrepreneurs try to use the right to amend an employment contract to unilaterally reduce the employee’s remuneration. This new change in law may result in the fact that from January 2022, employers will propose new, lower remuneration to their employees. The salary is reduced by the amount that is needed to bring the cost of maintaining the employee to the level before the tax reform introduced by the Polish Deal was in force. On the other hand, Polish authorities deny that changing the employment contract with regard to the reduction of remuneration is a legal method of circumventing the provisions of the Polish Deal.


Tobacco products and e-cigarettes in Poland – legal status

What are tobacco products and what is e-cigarette?

In accordance with the Polish Act of 22 July 2016 amending the Act on the protection of health against the consequences of tobacco and tobacco products, electronical cigarette is a device that can be used to ingest nicotine-containing vapor via a mouthpiece, or all components of that device, including cartridges, tanks and devices without a cartridge or tank. Electronic cigarettes may be disposable or refillable with a refillable cartridge or tank or rechargeable with a disposable cartridge.

According to the same Act, tobacco product is a product intended for consumption by consumers, consisting even partly of tobacco, including genetically modified tobacco.

The registration of tobacco products

The submission of detailed information on tobacco products to the competent authorities of Member States is done electronically through a common EU-CEG platform administered by the European Commission. Transmission of this information through the EU-CEG, in the appropriate format (Commission Implementing Decision (EU) 2015/2186 of 25 November 2015) is equivalent to compliance with statutory obligations referred to in Article 8a of the Act on Health Protection against the Effects of Tobacco and Tobacco Products.


New US appeals court decision related to data and Polish jurisdiction: Polish adult video website operator not subject to jurisdiction in U.S. in copyright action

In this case plaintiff AMA was a Nevada limited liability company that produces and distributes “adult entertainment over the Internet.” It owns several online websites where paying customers can view AMA’s materials. Its videos are copyrighted as audiovisual works. It also displays the company’s trademark in the corner of the screen.

Defendant was a citizen and resident of Poland, who operated ePorner, an adult video website, through MW Media, a Polish civil law partnership.

What is the case about?

AMA discovered that (“ePorner”), an international website where users can search for and watch adult movies displayed AMA copyrighted materials. At the time this lawsuit was filed ePorner allowed users to anonymously post adult videos. The website does not charge visitors. Instead of it, it generates revenue solely through advertising. Users of see ads based on their perceived location. For example, visitors who believe they are in the United States see selected ads in English.

AMA Multimedia, LLC (“AMA”) appealed the district court’s dismissal of its copyright infringement, trademark infringement, and unfair competition action against the defendant for lack of personal jurisdiction.

Important is the fact that AMA was unable to determine who owned and operated ePorner, so, AMA sued all defendants as Doe Defendants and Roe Corporations in the United States. The district court permitted AMA to conduct early discovery to ascertain who owned the domains which forwarded visitors to Then AMA discovered that two companies located in Arizona, and Domains by Proxy, were used to register the domains and privatize the owner’s identity. The Polish defendant was the registrant of the domains.

Path to resolve the case