It is a truism that that the Supervisory Board in a company, cooperative or in the structure of another legal person operates collectively. In turn, penal liability is an individual liability. However, it would be a mistake to conclude the issue only with such statements. Continue Reading
If you were unaware that last week was the Cyberweek 2014, you missed a chance to take part in the 17th annual online conference dedicated to innovations and development in Online Dispute Resolution (ODR). Its program included 17 live webinars, 8 discussion forums and a variety of other activities to discuss the integration of technology and dispute resolution. Continue Reading
Do we wonder about the process of Internet shopping? We choose a product, pay by card, and then matters seem to take care of themselves. The information system of the credit card settlement center communicates with the store, transferring the details on the payment. The store’s information system generates an automatic e-mail, which tells us that the transaction is completed, and then about the product shipment. It also initiates the process of the shipment’s delivery. The involvement of the human factor is often limited to packaging and dispatching of the goods. In B2B contacts, this process is automated to an even higher degree, as even orders are placed in an automatic fashion, based on a computer-based analysis of the inventory. In the near future, the dispatch will be carried out by drones or similar machines. There is even a notion of the “Internet of Things”, which denotes direct communication between computers and machines over the net, and all of this without human involvement. Continue Reading
An apple a day keeps the doctor away. Apples are not only healthy but also trendy. However, this article is not about Polish apples (I would like to mention though to our non-Polish readers that Poland is the biggest exporter of apples in the world, and our apples have recently become the basis for political struggle and spontaneous manifestation of patriotism.) The Big Apple (of course New York) is in the news again. Only a month ago, a pilot mandatory mediation program introduced by the Commercial Division in the New York County Supreme Court entered into force. Because Manhattan is associated with everything modern in the western world and a place where trends are created, we should watch this development closely.
Conciliatory proceedings (art. 184 and the subsequent articles of the Code of Civil Procedure) are a very useful tool. Their primary function as foreseen by the legislature is to allow the feuding parties to settle before the court, and thus amicably, without the need to institute time-consuming and expensive litigation. A court settlement is a solution beneficial both to the parties as well as the overburdened common courts. Hence, the symbolic, fixed fee for a motion for a call for settlement (40 zl) and much lower requirements related to such motion. Continue Reading
Due to the continuing prevalence of electronic surveillance (covert listening) in the public and business sphere, as well as in the work of the investigation authorities, frequent discussions are taking place on the legality of eavesdropping and the disproportionate rights of various services to use this method in their operations. Continue Reading
The Republic of Poland has won a BIT (Bilateral Investment Treaty) dispute with American investors. The dispute referred to the disreputable Plasma Fractionation Laboratory (in Polish: “LFO”), the scandal that took place at the end of the last decade. The judgment is available online at: http://www.italaw.com/sites/default/files/case-documents/italaw3192.pdf. Winning in good style, all claims were dismissed, and the costs awarded exceed $1,200,000 U.S. dollars. K&L Gates has had the pleasure and honor of representing the Republic of Poland in this matter. Several reflections have come to my mind based on this judgment. Continue Reading
I was waiting for a helping of fried cod in one of the countless restaurants scattered along the seafront, when my eyes caught a sign on the wall. It read something like: “Customers all want to be served quickly, cheaply and well. Unfortunately, we can deliver only two of these things at the same time. Service can be either good and quick, but not cheap. It can be good and cheap, but not quick. It can be quick and cheap, but not good”.
One can smile, but there is a lot of truth in it. The rule applies not only to the frying pan, but also to most other services, tangible or intangible, including legal services and administration of justice. Continue Reading
In my last post on the criminal liability of legal persons, I promised to write a few more words about the prerequisites of this liability, procedure of adjudication and possible penalties. For now, it is knowledge that you need to familiarize yourself with for a “just in case” scenario. As I wrote, the criminal liability of legal persons is currently of marginal importance, despite the existence of the relevant laws, but may be “discovered” for budgetary reasons (high fines), socio-political (end of tolerance for white-collar criminals, etc.) The question about punishability should be addressed to individuals. But directing this question to a legal person might also make sense in Polish law. So how should legal persons be punished? Continue Reading