CASES & CLIENTS

Selected examples of key recent cases

One of examples of our recent cases in cross border department:

Kieltyka Gladkowski is expanding its team for protection of foreign creditors of Polish companies in the M&A procedures for a) “shipping” the debts of a divided company to another company intended for bankruptcy and b) in cases of creating a profit center and a loss center. Example value 2 million / 10 million dollars. For more click here

One of examples of our recent cases in life sciences department:

Partners of KIEŁTYKA GŁADKOWSKI, acting as Chairs in Life Sciences committee of ILS ABA, advise a global pharmaceutical company on the risk assessment of the costs of a clinical trial procedure of an innovative genetic drug as part of patient support after a clinical trial (compassionate use).

Examples of our recent cases in data protection and cybersecurity department:

The lawyers of KIELTYKA GLADKOWSKI advised one of US e-commerce companies in entering the Polish market in the risks and obligations of entrusting personal data processing (mass amount of personal data), including limitation of liability, cybersecurity incidents, right of control of data.

Global $1 Billion Blockchain Investor Club. Identification and execution of Polish club members of a financial pyramid. KIELTYKA GLADKOWSKI supports foreign receivers of the bankrupt club of cryptocurrency investors by working with OSINT analysts and private investigators who are able to track down Polish investors using various methods of metadata analysis, tracking crypto transactions, and information movement on the Internet, also from the level of DEEP AND DARK WEB.

Examples of our recent cases in commercial department:

Our lawyers advised on complicated employment termination procedure for a global Canadian corporation employing software developers in Poland on remote basis. The advisory work included preparation of valid termination documents and settlements, effective justifications of termination and planning the termination schedule to protect the client against possible employment litigation and compensation claims.

Our lawyers assisted Danish corporation in the procedure of obtaining international transport licence based on the Regulation 1071/2009 and Regulation 1072/2009. Our team prepared the required applications to the Polish Main Inspectorate Of Road Transport, advising on insurance and bank guarantee and purchase of vehicles fleet as well as tax advisory assistance.

Work highlights in 2023

• Advising an American provider of cybersecurity certification and protection of sensitive data of Polish subcontractors for products ordered or co-financed by the United States Department of Defence services on the legal liability of the cross-border data transfers of the samples covered by the certification process.
• Advising a client on the possibility of enforcing crypto data assessed as participation units in a crypto platform, where the data is assessed with the use of Open-Source Intelligence tools, while determining the status of the transfer of data as the carrier of value.
• Advised a client on the negotiation of a contract for the implementation of a dedicated cybersecurity structure, the main task of which is to stop IT systems used by the ordering medical entity from actions which violate the confidentiality, integrity, availability and authenticity of the processed data or related services offered by these systems.

• Advised a US corporate investor on the protection of the activity of the client’s retail market share of medicines.
• Acted for a client in defence litigation concerning an allegedly defective medical device.
• Advised the global manufacturer of a drug whose final dose is sold in disposable dispensers on information obligations in the leaflet attached to the medicinal product.

• Represented a family business in whose circle there is a businessman wanted by the police for fraud and white-collar crime.
• Represented a private client in a cross-border family case concerning a minor with two nationalities.
• Advised a private business based in Poland on a cross-border restructuring based on a tax-exempt Cayman company.

Work highlights in 2021 – 2022

• Advised the client operating in cryptocurrency exchanges on the new protocol on processing data in compliance with Know Your Customer for monitoring client transactions and reporting suspicious activity, in accordance with the 5AMLD Directive of the cryptocurrency exchange procedures related to data protection and cybersecurity.
• Advised an international client concerning operations in renewable energy electric cars and how to prepare and create privacy policy so the client can safely accept communication and data from end customers with the use of dispersed protocol technology and smart contracts that additionally generates legal challenges in determining the applicable Polish jurisdiction in assessing the privacy policy.
• Assisted the client in respect of a sensitive data transfer from Europe to the US, based on the recommendations after Schrems II judgment, taking into consideration guidelines regarding data encryption and data anonymisation.
• Acted for a US law firm in the cross-border case of distribution of assets in inheritance procedures, including tracing the beneficiaries and proving their identities; initiating the procedure before the civil court in Poland to confirm the acquisition of the part of the assets located in Poland; securing the transfer of the funds to the beneficiaries under notarial deeds in Poland, using secure signatures; and registering the beneficiaries in the beneficiaries ledger.
• Acted for a law firm based in New York in connection with the so-called parental abduction of a minor daughter to Poland in judicial representation of the child’s mother (US citizen) in a family case before the Polish court for the release of a child from a care facility to the child’s mother.
• Represented a high-net-worth family business with foreign capital structure based in Poland in respect of the restructuring of the family business in such a way that the next generation would establish and take up shares in a newly established company in Hong Kong, mainly from the perspective of securing that part of the family business assets that would be located in shares in the Hong Kong company.
• Advised a leading pharmaceutical company and a higher university in Poland in a technology transfer at the 6th level in the scale of technological readiness assessment for legal procedure of development of biological medicines for animals.
• Advised a US-based biotechnology company on the legality of the marketing authorisation of Advanced Therapy Medicinal Products, including the gene and cell therapy and tissue engineered products, in the European Union, especially having in mind that the marketing authorisation concerned modern production technologies.
• Advised a US chemical company on preparing a report and legal assessment regarding the legality of obtaining marketing authorisation of biocidal products in the form of genetically modified organisms to control environment based on the legal provisions which as a rule concern marketing authorisation of chemical substances as biocidal products, rather than live organisms.
• Prepared a detailed report and acted as expert witness in the case of a Polish national awarded substantial compensation due to a catastrophic injury, with a focus on issues related to the Polish Court of Protection, incapacitation and the management of the assets of the incapacitated adult.
• Assisted a client in estate planning in the form of entrusting parts of the assets to the next generation in the form of a spin-off business with tax optimisation.
• Acting for a foreign government in pursuing family litigation in Poland based on the Hague Convention provisions (civil aspects of international child abduction), Polish guardianship law and civil law.
• Advised a client on its data mining processes and analytical processes, based on the EU and national data and database protection law.
• Assisted an international cloud data storage provider in handling all legal aspects of cross-border data transfer, data storage in the cloud, including legal relations with the client’s subcontractors of data lakes.
• Assisted a telemedicine platform with the risks related to the processing of data concerning health, including biometric data and the processing of data by AI mechanisms.
• Advised an international online clinic on structuring an online platform for telemedicine.
• Assisted an international consortium of pharma companies with registering borderline cosmetics in the EU market.
• Advised a cosmetics distributor on creating a three-party cross-border operation launching in Poland.

CASES & CLIENTS – ADDITIONAL INFORMATION

Kieltyka Gladkowski KG Legal is a Polish law firm, with offices in Warsaw and Krakow. Its particular focus is on cross border and multi-jurisdictional matters, primarily within the technology; fintech & blockchain; cybersecurity; media & telecom; healthcare and life sciences; financial institutions; fintech; real estate, construction & infrastructure; transport & logistics; manufacturing; retail & distribution sectors.

We represent domestic and international clients within the full range of size, stage of development and scope of business: investors, start-ups, entrepreneurs, seed and angel venture funds, growing companies, small and mid-size companies, large global corporations.

Kieltyka Gladkowski KG Legal is recognized as one of the leading law firms in the international rankings, including the Legal 500, especially for its cross-border specialisation and expertise, responsiveness and proactive approach.

The primary focus areas of Kieltyka Gladkowski KG Legal are:

• Dispute resolution, conflict resolution and civil litigation;
• Commercial and corporate law, including corporate governance, financial reporting, mergers and acquisitions;
• IT law and new technologies, with a particular emphasis on e-commerce, video games, e-sports, blockchain, fintech, e-health, AI, AR/VR, mobile;
• Intellectual property;
• Employment law, including cross-border employment;
• Business to business contracts;
• Competition and antitrust;
• EU law;
• Data protection and data privacy;
• Regulatory law;
• Polish and international trademark law, copyright, licences;
• Private equity and venture capital;
• Insolvency law, restructuring, property management, business continuation, preparation and implementation of insolvency plans;
• Real estate project development;
• Residential property law;
• Real estate transactions (legal due diligence, legal advice on buying and selling real estate and real estate portfolios);
• Public procurement and PPP;
• Compliance;
• Advising start-ups / companies and investors on company formation, funding rounds and transactions.

KIELTYKA GLADKOWSKI LEGAL developed its Private Client desk services for HNW individuals and their businesses and Next Gen Wealth, including legal advice in wealth management; succession planning; investments across different asset classes; legal support in creating trust funds and tax optimization as well as advice and support on business and corporate structuring.

All of our lawyers have studied and / or worked abroad. In our daily practice, we often work closely with foreign affiliated lawyers.

Kieltyka Gladkowski KG Legal is the member of a number of international organisations, including BioLawEurope F.m.b.A., LifeScience Cluster, International Intellectual Property Law Association, Deutsch-Nordische Juristenvereinigung E.V., Deutsch-Niederländische Rechtsanwaltsvereinigung E.V., Advantage Austria (International unit of the Austrian Chamber of Commerce), Netherlands-Polish Chamber of Commerce, through which KG Legal develops its cross border legal and business capabilities.

Recent selected cases in 2019 – 2020:

1. IT and new technologies sector (cryptocurrency).KIELTYKA GLADKOWSKI provided complex assistance to non-EU investor in respect of legal possibilities of cryptocoin mining in Poland. The assistance involved the choice of the legal form of activity in Poland, the shareholding structure, the regulatory requirements, compliance with energy law and the analysis of investment costs (including tax costs) as well as the possibility of investing in special economic zones in Poland.
2. Enforcement of Swedish court judgment in Poland.
   KIELTYKA GLADKOWSKI represented a Swedish joint stock company that entered into a commercial litigation with the Polish company. The dispute arose due to the fact that the bailiff enforcement of an enforceable Swedish judgment in Poland turned out to be ineffective, due to the removal of valuable assets by the debtor from the company. In other words, the debtor in Poland, knowing about the pending litigation in Sweden, instead of defending its claims in the Swedish court, started to remove the assets from its company, thus preparing to enforce the judgment in Poland by the Swedish creditor. KIELTYKA GLADKOWSKI initiated criminal proceedings against the board members of the Polish company and the so-called actio pauliana in the Polish civil court and ultimately successfully settled with the debtor to pay the entire debt.
3. Litigation in the Polish court of a claim made by Danish corporate client.After almost 2,5 year-long litigation in the Polish court, KIELTYKA GLADKOWSKI succeeded in being awarded the entire claim in favour of its Danish corporate client. The litigation was pursued against four entities. The dispute was a high-value court case, with cross border elements, including Danish jurisdiction. The matter regarded the international sale of goods under the Vienna Convention and required the analysis of complex issues of limitation period based on Polish and Danish law, counterclaim made by one of the defendants, interpretation of legal provisions of the foreign law courts in the situation when the parties did not have a written contract in place.
4. Regulatory and compliance assistance for a multinational pharmaceutical company with a subsidiary in Poland.KIELTYKA GLADKOWSKI acted before the Main Sanitary Inspectorate in Poland in the procedure of obtaining the licence for pharmaceutical wholesale activity of the multinational Client. The Client aimed to obtain the licence for its own entity, while subcontracting the number of tasks of pharmaceutical wholesale entity to subcontractors. The registration of a pharmaceutical wholesale entity in Poland requires the compliance of a number of strict provisions, particularly for the entities having international shareholder structure. 

   The legal assistance provided by KIELTYKA GLADKOWSKI for the pharmaceutical wholesaler also included advising on the sale of reimbursed medicine in Poland and the principles of parallel import of medicine (including such countries as Canada, Germany and the Netherlands).

5. GDPR requirements in online sale of goods.KIELTYKA GLADKOWSKI prepared and provided the Client with the internal regulation, contract and policy of outsourcing the Client’s services to Poland, in compliance with data protection law, both in the UK and Poland. The provided documents were developed in order to adjust the Client’s operations to the requirements of the GDPR. The legal assistance rendered by KG Legal consisted in providing legal opinion about the Client’s activity in the Polish jurisdiction, preparing documents, handling of personal data of the managers and employees, customers buying the Client’s products online and the outsourced subcontractors, as well as the representation before the Polish public authorities in respect of registering the entities responsible for the data privacy and data protection.
6. Providing the legal assistance to contract research organization in international project of clinical trials. KIELTYKA GLADKOWSKI has been involved in providing legal assistance to contract research organization headquartered in non-EU country. The Client is acting as agent for one of their sponsors who is taking their study to Poland. The Client required their site agreement template reviewed and adjusted to the Polish legal requirements and guidance on local Polish laws, especially in respect of GDPR requirements.
   
7. KIELTYKA GLADKOWSKI was involved in providing legal protection of the Client’s distribution of products in online sale process. The creation of the distribution of goods for consumers also in online mode (while remaining the standard mode of sale) required the provision of the legal solutions of a number of problems of data protection, both as to the sensitive data of the customers, employees and subcontractors (like the distributors and logistics providers) as well as payment data. Legal services of KG Legal consisted in securing the interests of the Client and preparing documents of internal policy as well as securing the interests of the Client before the Data Protection Authorities in Poland.
   
8. Assistance within legal aspects of IT procedures applied by the Client in trading with the alternative securities based on cryptography. The Client developed an AI trading robot backed by the consistency and predictability of mining (cryptocurrency). The task of KG Legal is to indicate the methods of legalising in Poland the disclosure of the data created as a result of deciphering of the data (cryptographic methods) in case of a global application (in different jurisdictions) of such technologies as PKI (Public Key Infrastructure) or KSI (Keyless Signature Infrastructure). The task of KG Legal is to create legal framework of the Client’s activity in the Polish jurisdiction in order to provide the safety of the data in the IT systems.
   
9. Registering sports agency and securing the legal frames of its activity in Poland.KIELTYKA GLADKOWSKI assisted in registering in Poland a sports agency with international shareholding structure. KG Legal created the legal structure of the sale of services offered by the Client in the form of the general agreement set forth in art. 2 section 2 letter c) of the Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC.
10. Preparation of set of data protection contracts in respect of the innovative product offered by the Client – web-based platform for maintenance and management of car fleets.KIELTYKA GLADKOWSKI provided legal services in the area of data protection and data privacy related to high-quality technology solutions rendered by the Client to automakers and their franchised dealers which facilitate the sale of Original Equipment (OE) replacement parts. KG Legal advised on the implementation of a web-based platform designed to provide the solutions for maintenance and repair quote authorization, management and online invoicing connecting leasing companies, fleet operators, suppliers and repairers online in real-time. KG Legal secured the regulations of the collection, processing and storage of the data of all the participants of the platform, namely fleet management companies, leasing companies, repairers and manufacturers.

Selected cases in 2016 – 2018:

Scandinavian – Polish BIO-ICT project: international transaction in respect of software development for healthcare entity.

KG Legal is engaged in negotiations in respect of tailored-made software development by the Polish IT company for a Scandinavian company operating in healthcare industry.

Dutch entity operating in Fin-Tech sector – Competition protection issues – Proceedings before the Polish Office of Competition and Consumer Protection.

KG Legal is engaged in legal activities in the proceedings before the Polish Office of Competition and Consumer Protection – in connection with the introduction of online financial instruments into the Polish market.

US-based IT company providing technology and consulting services sets up a business in Poland – Doing Business in Poland.

KG Legal provides comprehensive legal assistance in introducing the company into the Polish market, including the establishment of limited liability company, employee business immigration, tax consultations.

Private Client Desk – US private client – the acquisition of a luxurious property in Cracow, Poland.

KG Legal assists in the purchase of real property, providing comprehensive legal assistance, including the mortgage and security deposit issues.

Private Client Desk – An international Client – family law issues.

KG Legal is handling family law case covering the issues of child care, contacts with a child, acknowledgement of fatherhood and alimony as well as it acts on behalf of a foreign Client before Family Court in Poland.

International Client – Limited liability company with Swiss and German capital operating in life sciences sector – Clinical Trials Agreement.

KG Legal is engaged in the activities in respect of Clinical Trial Agreement in cross border cooperation with life science entities.

American ICT company – Business immigration issues.

KG Legal advises on business immigration of US-based company to Poland and provides comprehensive assistance in such issues as: work permits, residence permits, tax consultancy, employee’s issues, contracts with employees.

Swiss entity operating in the sector of engineering materials – R&D activities in the area of high tech composite structures.

KG Legal provides legal assistance and expertise to Swiss Client in the process of expanding its business operations in Poland. The assistance includes, among others, the establishment of limited liability company in Poland and finding business partners and subcontractors.

German entity operating in automotive industry – issues connected with industrial designs in automotive industry – regulating IP and Project Management issues.

KG Legal advises comprehensively in the legal aspects of the cooperation between the German investor and Cracow’s design office recommended by the Academy of Fine Arts in Cracow.

Swiss investor – modern constructions developer engaged in Med-tech project with life science hub.

KG Legal represents a Swiss entity investing in the mobile clinic project in cooperation with Polish contractors and entities operating in life science industry

Private Client Desk – immigration law.

KG Legal advises the manager of the American civil engineering company in settling the issues of the Polish citizenship

Private Client Desk – cross border divorce and family law case for Arabic and Swiss Client.

KG Legal advises on the renegotiation of a divorce settlement concluded in Switzerland with a spouse – Polish resident, including legal assistance in issues connected with child support and child custody

Private Client Desk – cross border litigation and civil procedure.

KG Legal provides legal assistance to a Polish citizen residing in the UK in issues connected with civil proceedings pursued before the Polish court.

Polish IT entity providing software development services – cross border bodyleasing and NDA agreements.

KG Legal provides legal assistance to Polish software development company rendering cross border services with regard to non-competition, confidentiality and choice of jurisdiction issues.

British law firm – comprehensive legal assistance in cross border compensation case resulting from personal injury.

KG Legal provides comprehensive legal advice to a British law firm in a cross border personal injury case pending before the UK court and involving a Polish citizen injured in the UK. The legal assistance covers wide spectrum of issues, including assessment of heads of damages, tax planning, tax advice, representation before the Polish Family Court and complex certified translation of documents.

Foreign entity providing web platform for solutions in the automotive industry.

KG Legal advises in connection with the contract for the delivery of services by a foreign entity in relation with the online platform of data exchange, servicing and maintenance as well as management in automotive industry.

Maltese legal entity – family matters and foreign adoptions issues

KG Legal advises on the legalization of a foreign adoption agency before the Polish administrative authorities as well as in the process of obtaining accreditation

Private Client Desk – providing assistance to a Hungarian private client on the acquisition of real estate in Poland.

KG Legal represents foreign client in a dispute with Polish real estate developer and in connection with the purchase of real property in Poland, including issues related to advance payment, deposit and refund of the money paid to the real property developer

British law firm instructs KG Legal on behalf of its client – one of Big Four accounting firms.

KG Legal represents the Client in labour law case involving a Polish resident

Swiss company operating in Clean-tech sector – pursuing effective cooperation with the Polish technical university.

KG Legal assists a Swiss Clean-tech company in establishing its presence in Poland and commencing cooperation with the Polish technical university as a result of effective networking operations.