Does the bank have to re-audit the development venture when a buyer makes a late payment?
Effective as of 1 July 2022, the new Developers Act expands the scope of bank oversight of development ventures before paying out to the developer the funds due for a given phase of the project. But the regulations are imprecise, and it is unclear whether the bank must redo the audit when the buyer has made a late payment of funds into an open housing escrow account.
News from Poland – Business & Law, Episode 23: Challenges to food supply chains due to the war in Ukraine – how to avoid regulatory traps
Joanna Krakowiak, attorney-at-law, member of the Council of the European Food Law Association, of counsel at Wardyński & Partners coordinating the work of the Life Sciences & Healthcare practice, explains how the war in Ukraine is forcing regulators to make changes to food law.
Disqualification of a judge in a case over a mortgage denominated in Swiss francs is not as obvious as it seems
Can a judge impartially rule in the case of a bank from which the judge has taken out a mortgage loan? Is the mere fact of holding a mortgage in Swiss francs a basis for disqualifying a judge from hearing cases seeking invalidation of mortgage loans indexed or denominated in that currency? And why is it easier to disqualify a Supreme Court judge than a lower-court judge?
Traps when notifying the insured of the general conditions of insurance
The insurer incorrectly notified the insured of the general conditions of insurance. Could this result in the insurer being required to pay compensation, even though the general conditions of insurance state that there is an exception excluding the insurer’s liability?
Crowdfunding: A way for companies to raise capital
After July 2022 amendments to the law, companies can now benefit from crowdfunding. As usual, the devil is in the details.
The new pre-emptive right and other regulations on revitalisation in Warsaw
A major new element has recently emerged in real estate transactions in Warsaw. As of March 2022, the City of Warsaw obtained a pre-emptive right to purchase all properties in the revitalisation area designated by Resolution LX/1967/2022 of the Warsaw City Council. This area includes almost all of the Praga Północ district and large parts of Praga Południe and Targówek.
Advertising of medical devices and collaboration with influencers
Significant changes are coming for medical device advertising. The rules will be much stricter than before, but still more lenient than drug advertising regulations. For the first time, the new Medical Devices Act regulates influencer advertising. It is already clear that sponsored content will be deemed to be advertising and thus must meet specific requirements under the Medical Devices Act. Companies have until the end of the year to sort out their relationships with influencers.
New sustainability reporting
The proposed Corporate Sustainability Reporting Directive is now on the EU legislative agenda. It would amend the existing reporting rules established by the Non-Financial Reporting Directive, which are a weakness of the current system. Ultimately, the new directive is intended to contribute to a fully sustainable European market.
News from Poland—Business & Law, Episode 22: Liability of the Investor and the Contractor for the Remuneration of Subcontractors
Joint and several liability of the investor and the contractor for the remuneration of subcontractors – this subject is discussed by Sylwia Moreu-Żak, attorney-at-law, counsel at Wardyński & Partners in the latest episode of News from Poland.
A sudden return to deducting contractual penalties in public procurement
On 24 August 2022, without any grace period, Art. 15r1 of the COVID special act ceased to apply. In Polish public procurement, this means a repeal of the ban on deducting contractual penalties and claiming them from a performance bond, which had been in effect since 24 June 2020.
A guide on how (not) to write jurisdictional clauses
In agreements with foreign counterparties, provisions on which courts have jurisdiction to resolve disputes are standard, but they are often drafted by rote, without deeper reflection. If a dispute unexpectedly occurs, this can lead to serious problems. Based on our experience, we suggest how to avoid the worst mistakes.
Secondary use of electronic health data
Regulating the secondary use of health data opens up research and analytical opportunities, which can drive scientific progress, new products and devices, digital innovation in the healthcare sector, and improvement of the healthcare system.