Management of Occupational Safety and Data Protection Risks Arising During Work from Home Part 1
Part 1 of this series discusses labour law and labour safety issues. What is it that has changed regarding home office and teleworking because of Covid-19? What can we expect in the future? How can employers prepare for the “new normal” and how can employees manage things from... More
SEC Adopts Significant Amendments to Regulation S-K and Accredited Investor and Qualified Institutional Buyer Definitions
The U.S. Securities and Exchange Commission (SEC) has adopted several significant amendments affecting disclosure requirements under Items 101, 103 and 105 of Regulation S-K and also expanded the definitions of “Accredited Investor” and “Qualified Institutional... More
Telework in Guatemala
Although in Guatemala there is no legal frame for “Telework”, it could be said that it is a way in which services are provided in a location other than the employer's office or headquarters. What makes this modality so attractive? What is the key to make it work? The key is in... More
Bill on Stamp Duty
In the first week of September 2020, the House of Representative passed the Bill on Stamp Duty and now it is waiting for approval by a plenary meeting of the House. The Bill is expected come into effect on 1 January 2021 given the time needed to issue the implementing regulation and for... More
An Examination of the Measures to Mitigate the Impact of Covid-19 on Taxpayers in Nigeria
As Covid-19 continues to impact all aspects of our lives, taxpayers are rightly seeking emergency tax measures to mitigate the impact of Covid-19 on their businesses. We examine below the measures that have been introduced to mitigate the impact on taxpayers. THE ECONOMIC STIMULUS BILL... More
Potential Liabilities for Directors in Insolvency: Considerations for Directors of Companies Facing COVID-19 Induced Insolvency
The global pandemic of the disease caused by a novel coronavirus, COVID-19, has caused unprecedented disruption to global supply chains and consumer demand and resulted in government-mandated restrictions to almost all businesses. Many companies, small and large, are facing insolvency and... More
COVID-19 and Commercial Leases in the UAE
The Covid-19 pandemic has swept the globe like a tsunami and it continues to impact countries and their economies worldwide. The UAE is no exception. Businesses have come under increased cost pressure as revenues decline. Such cost pressure primarily involves real estate leasing costs. In... More
COVID-19: Barbados Regulatory Update
In December 2019, health officials in Wuhan, China informed the World Health Organization ("WHO") of a strain of "pneumonia" affecting members of its population.1 This "pneumonia" was later identified as a severe acute respiratory syndrome coronavirus... More
Hungary
Management of Occupational Safety and Data Protection Risks Arising During Work from Home Part 1
Part 1 of this series discusses labour law and labour safety issues. What is it that has changed regarding home office and teleworking because of Covid-19? What can we expect in the future? How can employers prepare for the “new normal” and how can employees manage things from... More
Portugal
Coronavirus Digest No. 2: Patents and Other Intellectual Property Rights
The world is desperately seeking a vaccine and treatments against COVID-19 and the answer will also be found in intellectual property. For this reason, PLMJ and Inventa International have joined forces toprepare a Digest on these issues that is continuously updated. Readers of this Digest... More
Poland
Control of Certain Investments: New Protective Provisions
On 19 June 2020, the Parliament adopted “Shield 4.0,” new law of great importance for M&A practice. Shield 4.0 amends the Act on Control of Certain Investments of 24 July 2015 and enters into force on 24 July 2020. Current investment control The Act on Control of Certain... More
Russia
Legal Checklist: How to Make your Business Sustainable in the Face of New Challenges
The current crisis has challenged the strength of all companies. It has forced businesses to quickly address new issues that often were outside their agenda earlier. During this period, most of businesses have managed to temporarily adapt, or radically change their processes and strategies;... More
Germany
EU Commission Approves Economic Stabilization Fund for Liquidity and Capital Support for the Real Economy
By adopting the Act on the Establishment of the Economic Stabilization Fund of March 27, 2020, the German Parliament and the Federal Council established theEconomic Stabilization Fund(“ESF”) as a special fund to stabilize the real economy in times of the COVID-19 pandemic. The... More
Luxembourg
Introducing the Arendt Insights Mobile App: Instant Access to the Legal Developments Impacting Business in Luxembourg.
“At a time when the flow of information is always expanding, this app is a smart alternative for users to stay informed about these topics without a flood of emails.”(Jean-Marc Ueberecken, Managing Partner). The CoVid-19 crisis as a trigger Arendt Insights is the only app... More
Italy
COVID-19: Main Amendments made by the Conversion Law to the Liquidity Decree with Respect to the Measures Aimed at Ensuring the Going Concern of Companies
1. Introduction Pursuant to Law no. 40 of 5 June 2020, published in the Official Gazzette no. 143 of 6 June 2020 (the “Conversion Law”), Law Decree no. 23 of 8 April 2020 (the “Liquidity Decree”) was converted into law with amendments. Below is a summary of the key... More
Czech Republic
Lex Voucher for Culture - An Alternative to Refunds for Cancelled Cultural Events
On 19 May 2020, an Act On certain measures to mitigate the effects of the coronavirus epidemic known as SARS CoV-2 on cultural events (Act No 247/2020 Coll, the “Act” ), entered into force. Not only for the field of tourism, but also for the field of culture, the... More
Tennessee
SEC Adopts Significant Amendments to Regulation S-K and Accredited Investor and Qualified Institutional Buyer Definitions
The U.S. Securities and Exchange Commission (SEC) has adopted several significant amendments affecting disclosure requirements under Items 101, 103 and 105 of Regulation S-K and also expanded the definitions of “Accredited Investor” and “Qualified Institutional... More
Texas
Practical Strategies to Limit Premises Liability Claims Involving COVID-19
Businesses that open their doors to customers, guests, and other visitors during the pandemic must be vigilant, not only to keep their premises safe to those who enter, but also to avoid lawsuits by individuals who claim they contracted COVID-19 on business premises. The legal landscape... More
Michigan
What Employers Need to Know About Michigan’s Latest Executive Order Protecting Workers
On August 27, Michigan Governor Gretchen Whitmer released Executive Order 2020-172, entitled “Protecting workers who stay home, stay safe when they or their close contacts are sick,” which replaces Executive Order 2020-166. The new executive order is nearly identical to the... More
West Virginia
COVID-19 Shutdown Showdown in Pennsylvania
Lawmakers and citizens across the country are engaged in disputes over the breadth and duration of shutdown orders intended to slow the spread of the novel coronavirus. Pennsylvania was the first state, however, to have a case reach the U.S. Supreme Court where, despite a setback for the... More
California
Relief for Employee Benefit Plan Fiduciaries Due to COVID-19
The Department of Labor (DOL) has issued a "Relief Notice," providing ERISA plan fiduciaries additional time to furnish required notices and disclosures to participants and beneficiaries. For governmental plans that are not subject to ERISA, the U.S. Department of Health and Human Services... More
Kentucky
Ohio House Bill 197 Passed: What This Means for Workers’ Compensation
Effective March 27, 2020, the Ohio Legislature passed House Bill 197 as a direct response to Governor Mike DeWine’s executive order earlier that month. How has HB 197 changed Ohio workers’ compensation? Two main ways: permitting public meetings and “tolling”... More
Alabama
Tips For Applying COVID - 19 Stark Law Waivers
Among the many extraordinary measures taken by the federal government in response to the COVID-19 pandemic is the issuance of blanket waivers of certain provisions of the federal self-referral prohibition commonly known as the Stark Law. The waivers loosen significant restrictions on... More
California
Buchalter Client Alert COVID-19: Did you Receive a Deposit from HHS? Before you Spend it, Read This
In addition to proceeds from the U.S. Small Business Administration’s (“SBA”) Payment Protection Program and the Centers for Medicare & Medicaid Services’ (“CMS”) Accelerated and Advance Payment Program, the U.S. Department of Health & Human... More
Guatemala
Telework in Guatemala
Although in Guatemala there is no legal frame for “Telework”, it could be said that it is a way in which services are provided in a location other than the employer's office or headquarters. What makes this modality so attractive? What is the key to make it work? The key is in... More
Peru
Guidelines for the State's Response to the Potential Impacts of the COVID-19 Pandemic on PPP Projects
On August 25, 2020, Board Resolution No. 003-2020-EF/68.0 was published in the Official Gazette “El Peruano”, approving the “Guidelines for the State's response to the potential impacts of the COVID-19 pandemic on Public Private Partnership projects” (the... More
Panama
Panama: The World of Turnkey Contracts, Partial Payment Accounts and Certificates of No Objection
For a long time, we have heard in different social media, for various reasons, some more positive than others, information related to Turnkey Contracts and the State indebtedness resulting from the Partial Payment Accounts (in Spanish, “Cuentas de Pago Parcial”) and Certificates... More
Mexico
Extension in the Suspension of Deadlines in the Mexican Institute of Industrial Property Until Further Notice
Following the agenda established within the Federal Government's Gradual Plan towards a New Normalization, the Mexican Institute of Industrial Property (MIIP) has published an agreement by means of which it extends the suspension of terms and deadlines with respect to all processes and... More
Colombia
External Circular No. 019 -2020 of the UPME
Regarding its functions, the UPME has been monitoring the demand for electrical energy and natural gas on a daily basis, in order to identify the impact of the measures taken to mitigate the effects of COVID-19 on the consumption of these energies. The following conclusions have been... More
Argentina
Report of the Department of Environmental Law: Valid Certificates, Presentations, Extension of Attention to the Public
The President of the Environmental Protection Agency of the Autonomous City of Buenos Aires (“APrA”), through resolution No 106/2020. ordered (i) To extend, for a period of ninety consecutive days, the validity of the certificates and the corresponding presentations to the... More
Costa Rica
Extension of the Restriction on the Export and Re-Export of Products for Surgical Use in Costa Rica
The Costa Rica´s General Directorate of Customs issued the statement DGA-010-2020, which expands the list of products for surgical use that have export and re-export restrictions, which they had initially established through directive DGA-003-2020. The products added are as follows: ... More
Argentina
Summary of International Government Emergency Measures as of March 1, 2020
The article has information regarding all Latin American countries; please contact us for the document or you can download it from this site ([email protected]) ARGENTINA Payment Chain Maintenance: • Rent freeze • Mortgage installments freeze and prohibition of... More
Indonesia
Bill on Stamp Duty
In the first week of September 2020, the House of Representative passed the Bill on Stamp Duty and now it is waiting for approval by a plenary meeting of the House. The Bill is expected come into effect on 1 January 2021 given the time needed to issue the implementing regulation and for... More
Malaysia
Covid-19 Bill 2020 – An Employment Perspective
The Temporary Measures for Reducing the Impact of Coronavirus Disease 2019 (Covid-19) Bill 2020 (“the Covid-19 Bill”) was tabled for its first reading in the Dewan Rakyat of Malaysia on Wednesday, 12 August 2020. The Covid-19 Bill, inter alia, seeks to provide for... More
New Zealand
COVID-19 Alert Levels and the Construction Industry
The COVID-19 Public Health Response (Alert level 3 and 2) Order 2020 came into force at 11:59pm on 12 August 2020, putting Auckland into alert level 3 and the rest of New Zealand into alert level 2. This is the second time New Zealand has experienced the respective alert levels, with... More
Texas
China Releases Circular on Further Stabilizing Foreign Trade and Foreign Investment
On August 12, 2020, the State Council of the People’s Republic of China (“State Council”) released theCircular on Further Stabilizing Foreign Trade and Foreign Investment(the “Circular”), in which the Chinese government announced 15 policies aiming to protect... More
India
Contracts and Force Majeure During a Pandemic (IBLJ)
Contracts and force majeure during a pandemic was published recently in the Indian Business Law Journal authored by Chandrasekhar Tampi, senior partner and Ankur Khandelwal, partner, Kochhar & Co. Overview- The spread of COVID-19 has raised multiple questions with respect to... More
Philippines
SyCipLaw's Doing Business in the Philippines: A General Guide (2020 Update)
SyCip Salazar Hernandez & Gatmaitan’s (SyCipLaw) publication about the general guidelines in doing business in the Philippines has been updated. It aims to showcase the Philippines as an attractive venue for business ventures, to guide the businessmen and lawyers alike in their... More
Japan
COVID 19: Force Majeure in Japan - Some Key Questions
The sudden onset of the Covid-19 emergency has caused significant disruption across swathes of the Japanese economy and raised novel and urgent questions for businesses as they seek to handle the challenges they face, whilst balancing the protection of their businesses and their obligations... More
Australia
Understanding the COVID-19 'JobKeeper Payments'
Many employers have been considering workforce changes to address the economic downturn and cash flow issues caused by COVID-19. Yesterday's announcement by the Federal Government about wage subsidies (known as 'JobKeeper Payments') has been welcomed by employers and unions, and should be... More
Nigeria
An Examination of the Measures to Mitigate the Impact of Covid-19 on Taxpayers in Nigeria
As Covid-19 continues to impact all aspects of our lives, taxpayers are rightly seeking emergency tax measures to mitigate the impact of Covid-19 on their businesses. We examine below the measures that have been introduced to mitigate the impact on taxpayers. THE ECONOMIC STIMULUS BILL... More
South Africa
Mauritius: Coronavirus (COVID-19) Impact on Financial Institutions
The outbreak of the Coronavirus (COVID-19) pandemic and the incidental measures adopted by the Mauritian government represent serious potential impact for financial institutions in general. Below, we examine the recourses available to borrowers facing financial hardship as a result of the... More
South Africa
South Africa: Coronavirus (COVID-19) - How to Avoid Vicarious Liability for Data Protection Breaches by Employees in an Online Environment during Lockdowns
The UK’s highest court recently ruled that Morrisons, a supermarket group, was not vicariously liable for the criminal act of an employee with a grudge who leaked the payroll data of about 100 000 members of staff. Many companies sighed in relief on hearing that the Supreme Court of... More
South Africa
ENSafrica: Coronavirus (COVID-19) Legal Update
employment Update to C19 TERS and tax treatment of C19 TERS benefit Lauren Salt (ENSafrica Employment) and Arnaaz Camay (ENSafrica Tax) summarise the latest amendments to the COVID-19 Temporary Relief Scheme (“C19 TERS”), 2020 directive. They also consider the tax implications... More
South Africa
When Should the Labour Court Intervene in a Retrenchment Process?
Economists predict that the Coronavirus (COVID-19) pandemic will lead to retrenchments on an unprecedented scale on the back of an already weak economy. It is likely that unions, when confronted with proposals to retrench, will approach the consultation process envisaged in section 189 and... More
Nigeria
COVID-19 Legal Issues Newsletter
As Nigeria joins the rest of the world in grappling with the COVID-19 pandemic (“the pandemic”), the Federal Government has declared a curfew in the Federal Capital Territory and two other major States as well as restricting interstate travel. Prior to this, several... More
South Africa
South Africa: Update to the Coronavirus (COVID-19) TERS and Tax Treatment of C19 TERS Benefit
In light of President Ramaphosa’s announcement of a phased approach to the end of lockdown, many businesses will still be required to remain closed (or partially closed) after 30 April 2020. With this in mind, many employers will still require assistance from the Coronavirus... More
South Africa
South Africa: Coronavirus (COVID-19) and Privacy Concerns in your School
In light of the declaration of a national state of disaster as a result of the Coronavirus (COVID-19) pandemic, it is now likely that schools and further learning institutions in South Africa will remain closed for the foreseeable future (even after the national lockdown period) and online... More
British Columbia
Potential Liabilities for Directors in Insolvency: Considerations for Directors of Companies Facing COVID-19 Induced Insolvency
The global pandemic of the disease caused by a novel coronavirus, COVID-19, has caused unprecedented disruption to global supply chains and consumer demand and resulted in government-mandated restrictions to almost all businesses. Many companies, small and large, are facing insolvency and... More
Quebec
How to be a Good Franchisor in the COVID-19 Era?
In recent weeks, and especially in recent days, we have seen the serious repercussions of the spread of COVID-19 on Quebec businesses and SMEs. Government authorities are planning financial assistance measures for businesses, and some chambers of commerce have already announced that... More
British Columbia
It Might Be Negligent, But is it Gross Negligence?
Many commercial contracts limit claims between parties, particularly for consequential losses, to instances of gross negligence. Many statutes circumscribe claims against government authorities to the same circumstances. The Police Act, for example, prohibits claims against the police... More
British Columbia
Alberta Pauses Residential Evictions for Non-Payment and Prohibits Rent Increases and Late Payment Penalties During COVID-19 Pandemic
On March 27, 2020, the Government of Alberta announced new measures to address residential tenancy issues arising during and as a result of the COVID-19 pandemic. Max Carroll and Jeffrey Hernaez of our Vancouver office wrote yesterday about similar measures put in place in... More
British Columbia
CSA to Provide Blanket Relief for Market Participants Due to COVID-19
In light of the rapidly evolving developments relating to COVID-19, and recognizing that issuers have an urgent need to focus on critical business decisions, the Canadian Securities Administrators (the “CSA”) have announced that they will grant temporary, blanket relief... More
British Columbia
COVID-19 and Global Issues: A Contrarian's Solution to Construction Contracts?
For consideration by owners, contractors, suppliers, and project teams towards solutions on current and/or future projects. Global pandemic. Oil trade war. Volatile FX Markets. Market collapse? East African locusts. All of these global issues, and potentially others,... More
Quebec
The Coronavirus Guide for Employers: Everyday Measures for the Workplace
Employers must review their action plan on a daily basis to promote prevention, manage possible or proven contagion among their employees and ensure that business operations continue. Two actions are key: Seeking accurate information from public health officials and governments... More
British Columbia
Keeping Cool: An Employer's Guide to COVID-19 in the Workplace
COVID-19 has now been characterized as a pandemic by the World Health Organization. Although the number of reported cases in Canada is currently low in comparison to some other countries, public health authorities have cautioned that this situation may change rapidly. As part of this... More
United Arab Emirates
COVID-19 and Commercial Leases in the UAE
The Covid-19 pandemic has swept the globe like a tsunami and it continues to impact countries and their economies worldwide. The UAE is no exception. Businesses have come under increased cost pressure as revenues decline. Such cost pressure primarily involves real estate leasing costs. In... More
United Arab Emirates
COVID-19: Entry into the Emirates of Dubai and Abu Dhabi
On 12 September 2020, the UAE Ministry of Health and Prevention (MoHAP) reported 1007 new COVID-19 cases in the UAE. With the number of cases rising both within the UAE and in most other countries, the UAE government has reiterated the importance of adhering to preventive guidelines and has... More
United Arab Emirates
Underperforming real estate: Can REIT (funds) assist developers in the UAE?
During these unprecedented times, developers all over the world are actively looking for solutions to deal with underperforming real estate. For developers in the United Arab Emirates (UAE), real estate investment funds (otherwise known as REITs) may offer a solution to the problem. A... More
United Arab Emirates
Cram Down Financings in the Era of Covid-19
We are in unprecedented times. The Covid-19 pandemic has swept the globe like a tsunami and it continues to wreak havoc on countries, people and economies. The effects of the pandemic are evident now. For example, the US unemployment rate is presently at 14.7%. In the peak of the financial... More
United Arab Emirates
Recent Measures Implemented in Abu Dhabi in Response to COVID-19
On 30 May 2020, the Abu Dhabi Media Office posted through Twitter that the Department of Government Support has eased restrictions on some activities and issued a set of guidelines for working from and visiting government entities in Abu Dhabi. The guidelines below come into effect from... More
United Arab Emirates
Post Eid al Fitr Reopening Guidelines and Easing of Movement Restrictions
On 26 May 2020, Dubai Economy published the “Post Eid al Fitr” reopening Guidelines which took effect from Wednesday 27 May 2020 and include updates to the protocols for the wholesale and retail trade including salons and barbershops as well as valet parking. The Guidelines also... More
United Arab Emirates
Revised Measures in Response to COVID-19: Sterilisation and Opening Timings and an Updated List of Violations and Fines
On 18 May 2020, the UAE government announced the following timings with effect from today, 20 May 2020: the National Disinfection Programme will take place between 08:00pm (not 10:00pm) to 06:00am the following day. working hours of butchers, mills and cafes will be from 06:00am to 08:00pm.... More
United Arab Emirates
DMCC Employment Guidelines during the COVID-19 Precautionary Measures Period
The DMCC Authority recently passed DMCC Guidelines 1 of 2020 (DMCC Guidelines) setting out what actions DMCC employers can take with respect to their employees during the COVID-19 Precautionary Measures Period. DMCC entities can: • Request employees to work remotely and implement... More
Barbados
COVID-19: Barbados Regulatory Update
In December 2019, health officials in Wuhan, China informed the World Health Organization ("WHO") of a strain of "pneumonia" affecting members of its population.1 This "pneumonia" was later identified as a severe acute respiratory syndrome coronavirus... More
Bahamas
Employment Update on the Government's Stimulus Measures in Response to COVID-19
On Monday, 30th March 2020, the Deputy Prime Minister and Minister of Finance, the Honourable K. Peter Turnquest addressed the House of Assembly to provide an overview of the expected economic fallout in The Bahamas from the Covid-19 pandemic along with some details as to the... More
Bahamas
Information Privacy and COVID-19
In the wake of the COVID-19 outbreak, the business community is faced with unprecedented threats to their cyber-infrastructure and data. Sensitive data, in particular, will be vulnerable to security breaches as a result of reduced human power under emergency legislation. Moreover, criminal... More
Bahamas
COVID-19: Potential Employment Related Issues
In recent weeks, Governments around the world have been grappling with how best to combat the spread of the Coronavirus (COVID-19). The Bahamas is no exception. To date the Prime Minister has issued two Emergency Orders aimed at ensuring the health and safety of persons within The Bahamas.... More
Bahamas
COVID-19 - Force Majeure Clauses VS. Contractual Obligations
The impact of Covid-19 is becoming more prevalent throughout the economic landscape of The Bahamas. Most recently, in an effort to contain the spread of the virus, preventative measures involving the closure of non-essential local businesses for a specified duration were introduced by the... More
British Virgin Islands
Eastern Caribbean Supreme Court Adopts Measures to Ensure Continuity in Response to COVID-19 Impact
O’Neal Webster hopes that you, your family, your co-workers, and communities are staying healthy and positive during these challenging times. With the surge of the new coronavirus COVID-19 cases around the globe, and now in the Caribbean, all major stakeholders in the British Virgin... More
