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WSG Task Force Team

PLMJ  

Legal Services | Portugal

http://www.plmj.pt/en/home.php
tel: +351 213 197 300 | fax: +351 213 197 400
Av. Fontes Pereira de Melo, 43 | Lisbon | 1050-119 | Portugal

Meet The Team


Andre Figueiredo

Andre FigueiredoPartner

  • Capital Markets
  • Corporate / M&A

Duarte Lano

Duarte Schmidt LanoPartner

  • Corporate / M&A
  • Private Equity

Nuno Morgado

Nuno Ferreira MorgadoPartner

  • Employment & Labour Law


Eduardo Pinto

Eduardo Nogueira PintoPartner

  • Healthcare, Life Sciences and Pharmaceuticals

Latest Alerts


Coronavirus: Exceptional and Temporary Measures Applicable to Court
PLMJ, March 2020

The international public health emergency caused by the Coronavirus (COVID-19) was declared a pandemic by the World Health Organization and the Portuguese authorities recently announced of a state of emergency across the country. Against this background, the authorities have been approving various packages of exceptional and temporary measures to respond to the spread of the virus. The international public health emergency caused by the Coronavirus (COVID-19) was declared a pandemic by the World Health Organization and the Portuguese authorities recently announced of a state of emergency across the country...

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Coronavirus: Impact on Intellectual Property
PLMJ, March 2020

In some areas, intellectual property will experience a period of slowdown in activity, at least in the near future. We look at this in more detail below. However, this does not mean mandatory registration of industrial property will come to a halt because, with many bodies, including the Portuguese INPI (National Institute of Industrial Property), registration is done online. These are certainly animated times for the patenting of inventions relating to vaccines and drugs in general used in fighting this unprecedented pandemic. As a consequence, there is an intense activity involving a variety of contractual models such as patent pooling and licensing in general...

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Coronavirus: Impacts on Energy Licensing and the Energy Market
PLMJ, March 2020

A global public health emergency was declared by the World Health Organization on 30 January 2020 as a result of the spread of the new virus COVID-19. The virus was later classified as a pandemic on 11 March 2020. As a result, it is important guard against any negative impact of the events relating to COVID-19 on ongoing energy licensing processes and on the energy market as a whole, particularly in the light of Decree-Law 172/2006 of23 August (“DL 172/2006”)...

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Coronavirus: Impact on Insurance
PLMJ, March 2020

The Coronavirus, COVID-19 has raised numerous important legal issues. However, one issue has assumed an even higher profile with the recent classification of the virus as a pandemic. This is the question of what claims can be made under the different insurance products on the market to cope with the losses, whether direct or indirect, that Portuguese businesses have been facing.   In particular, there has been a lot of talk about the possible coverage of losses arising from the cancellations that have occurred in the business, tourism, and cultural heritage sectors...

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Coronavirus: Moratorium on Financing Agreements
PLMJ, March 2020

In the context of the COVID-19 pandemic, the Portuguese Government approved Decree-Law no. 10-J/2020, of 26 March (the"Decree-Law") which establishes a moratorium on certain financing agreements with a view to protect the liquidity of companies and families. 1...

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Coronavirus: Buying and Selling Property in Times of Social Distancing
PLMJ, March 2020

There is expected to be a natural slowdown in the completion of real estate transactions in the coming weeks/months. The more immediate effects of the current situation, and of the administrative measures that continue to be adopted to control the pandemic, are especially reflected in relationships that have already been established. This is particularly so in transactions that are in the final phase of negotiation, or where contracts for sale and purchase have already actually been signed...

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Coronavirus: Impact on Town Planning Procedures
PLMJ, March 2020

In this context, general measures have been established that may have an impact on planning procedures that are underway and on town planning management decisions already issued...

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Coronavirus: Impact on Intellectual Property
PLMJ, March 2020

In some areas, intellectual property will experience a period of slowdown in activity, at least in the near future. We look at this in more detail below. However, this does not mean mandatory registration of industrial property will come to a halt because, with many bodies, including the Portuguese INPI (National Institute of Industrial Property), registration is done online. These are certainly animated times for the patenting of inventions relating to vaccines and drugs in general used in fighting this unprecedented pandemic. As a consequence, there is an intense activity involving a variety of contractual models such as patent pooling and licensing in general...

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Coronavirus: Measures to Support businesses
PLMJ, March 2020

In the fight against the Covid-19 pandemic, the scale of measures to protect public health and their consequences are starting to be felt by businesses and, in particular, they are suffering from strains on cash flow. As a result, on Wednesday, 18 March, the Portuguese Government approved and presented a package of economic measures to support companies. The package focuses on three fundamental items: lines of credit guaranteed by the State; the banking system; and greater flexibility in tax and social security payments...

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Coronavirus: The New Temporary Framework for State Aid
PLMJ, March 2020

This new framework will remain in force until 31December 2020 and it allows Member States to provide: a) Aid in the form of direct grants, selective tax advantages and repayable advance payments, up to EUR 800,000 per company, to companies in most economic sectors to meet their urgent liquidity needs; b) State guarantees for loans taken out by companies from banks and the framework defines, among other possibilities, minimum guarantee premiums for this purpose; TYPE OF BENEFICIARY MARGINS FOR LOANS WITH A MATURITY OF 1 YEAR MARGINS FOR LOANS WITH A MATU

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Coronavirus: CMVM Recommendations for Holding General Meetings
PLMJ, March 2020

On 11 March 2020, the World Health Organization declared the existence of a pandemic. The main focus is now to guarantee the safety of workers and employees. However, the potential repercussions for the activities of companies – in the short and medium term – are vast, complex and, in certain cases, they conflict with each other. PLMJ has created a multidisciplinary team dedicated to analysing the problems facing businesses. This team will share its thoughts, some technical, some practical, which it believes will contribute to finding solutions to mitigate the risks and relieve the pressure that businesses are under...

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Coronavirus: Impact on Debt Issuances
PLMJ, March 2020

At a time when there is a huge reduction in their income, companies will have to cope with enormous pressures on their liquidity. In this context, bond issuances should continue to be a growing way for companies to obtain finance, in particular, in the case of assets eligible under the European Central Bank’s (ECB) purchasing programmes. This note examines specific issues relating to the issuance of bonds by companies that must be taken into account in the current context of the COVID-19 pandemic. 1 Market conditions Despite the difficulties and demands of the current market conditions, we have noted the completion of some debt issuances placed by means of private offers...

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Coronavírus: Implications for State Aid and Competition
PLMJ, March 2020

Therefore, we expect that, in the coming days, weeks and months, the number of notifications to the European Commission in the field of state aid will see a significant increase. Indeed, the Commission has already relaxed the rules currently in force by introducing a new temporary framework for state aid measures to support the economy in the current COVID-19 outbreak...

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Coronavirus: Impact on Financing Agreements
PLMJ, March 2020

The business financing sector is among those that could suffer the greatest impact due to the economic crisis that is expected to be the inevitable result of the global COVID-19 pandemic. In fact, the paralysis of economic activities will undoubtedly have a negative impact on the liquidity of companies that have to make regular payments under financing agreements. These liquidity problems will seriously harm the ability of companies to meet their obligations on time...

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Coronavirus: Essential Public Services
PLMJ, March 2020

Order 3547-A/2020 of the Office of the Minister for the Environment and Climate Action was published on 22 March 2020 and it went into force at midnight the next day. This Order creates the rules that give effect to the declaration of a state of emergency in Portugal made by Decree of the President of the Republic 14-A/2020 of 18 March. The main goal of the Order is to ensure the proper functioning of the supply chains for essential public goods and services, as well as the conditions in which they should operate...

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Coronavirus: Extraordinary Measures in the Energy Sector
PLMJ, March 2020

On 17 March, the Energy Services Regulator (“ERSE”) approved Regulation 255-A/2020 and it was published in the official gazette, Diário da República, on 18 March 2020. The Regulation establishes extraordinary measures in the energy sector due to the health crisis caused by the spread of COVID-19 In particular, the Regulation establishes that: • Customers will have an additional period of 30 days before the supply of electricity or natural gas can be cut off for reasons attributable to the customer. This extension also applies, with the necessary adaptations, to the supply of piped LPG intended for domestic consumption...

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Coronavirus: Impact on Debt Issuances
PLMJ, March 2020

The public health emergency caused by the international COVID-19 pandemic (“COVID-19”) has made it necessary to adopt a range of measures to contain this disease and these measures are having profound economic and financial effects. At a time when there is a huge reduction in their income, companies will have to cope with enormous pressures on their liquidity. In this context, bond issuances should continue to be a growing way for companies to obtain finance, in particular, in the case of assets eligible under the European Central Bank’s (ECB) purchasing programmes...

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Coronavirus: Restructuring and Insolvency
PLMJ, March 2020

The main doubts of company directors about the consequences ofthe current Covid-19 pandemic in relation to insolvency, the PER, and the RERE.   As a result of the spread of the Covid-19 virus, the World Health Organization declared a public health emergency of international concern (PHEIC) on 30 January 2020 and a pandemic on 11 March 2020. Against this background, on 13March 2020, the Portuguese Minister of Internal Administration and Minister of Health signed an order declaring a state of alert that covers the whole country until 9 April 2020...

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Coronavirus: Tax Impacts
PLMJ, March 2020

To mitigate the economic impact of the Coronavirus (COVID-19) pandemic, certain extraordinary measures have been taken in the field of taxation. The aim of these measures is to ensure the cash flows of companies and to allow some flexibility in complying with tax obligations and in the payment of taxes by companies and individuals. The measures also recognise specific situations that amount to a justified impediment that makes it possible to postpone certain steps or extend certain procedural and administrative deadlines.These are the highlights of the measures that have been introduced:1...

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Coronavirus: Consequences of the Declaration of a State of Alert on Public Procurement
PLMJ, March 2020

The state of alert was declared by the Minister of Internal Administration and the Minister of Health on 13 March. With this declaration and the set of measures adopted, we need to look at the possible impact of these circumstances on ongoing tender procedures and on the performance of existing public contracts. 1. Impact on procurement The measures approved by Decree-Law 10- A/2020 of 13 March include the creation of exceptional rules on public procurement, the authorisation of expenditure, and administrative authorisations...

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Coronavirus: Simplified Layoff
PLMJ, March 2020

Assistance to maintain employment contracts in companies facing a proven business crisis. Ministerial Order 71-A/2020 of 15 March defines and regulates the terms and conditions to award immediate assistance for employers and employees affected by the outbreak of the COVID-19 virus. The assistance is intended to maintain jobs and to mitigate the extreme difficulties that many businesses are now facing. Thishelp isextraordinary, temporary and transitional in nature. The Ministerial Order was published in the official gazette, Diário da República, 1stSupplement, Series I of 15/03/2020...

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Coronavirus: Management of Human Resources in Employment Relationships
PLMJ, March 2020

With Decree-Law 10-A/2020 of 13 March, the Government has introduced a broad set of exceptional and temporary measures on preventive isolation (often referred to as “quarantine”), social protection for those affected by the disease, absence from work due to the closure of educational establishments, and the arrangements for home working. We have received a number of questions from employers and employees relating the management of human resources and employment relationships in face of the spread of the new Coronavirus, COVID-19. Due to the importance and huge impact of this situation, we wish to highlight the following extraordinary measures that have been adopted: 1...

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Coronavirus: The Duty to Inform the Market
PLMJ, March 2020

Privileged information and financial reporting The rapid spread of COVID-19 (Coronavirus) throughout the world and the impact of administrative measures to contain it represent a growing challenge for the management of companies.   On 11 March 2020, the World Health Organization declared the existence of a pandemic. The main focus now is to guarantee the safety of workers and employees. However, the potential repercussions on the activities of companies – in the short and medium term – are vast, complex and, in certain cases, they conflict with each other. PLMJ has created a multidisciplinary team dedicated to analysing the problems facing businesses...

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Coronavirus: Employment Impacts
PLMJ, March 2020

First, we recommend that, in conjunction with their occupational health professionals, companies should define a plan to react to the various scenarios they may face...

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Coronavirus: Managing the Risk of Breach of Contract
PLMJ, March 2020

The rapid spread of COVID-19 (Coronavirus) throughout the world and the impact of administrative measures to contain it represent a growing challenge for the management of companies. On 11 March 2020, the World Health Organization declared the existence of a pandemic. The main focus is now to guarantee the safety of workers and employees. However, the potential repercussions for the activities of companies – in the short and medium term – are vast, complex and, in certain cases, they conflict with each other. PLMJ has created a multidisciplinary team dedicated to analysing the problems facing businesses...

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Coronavírus: Social Protection Measures Adopted Following the Risk of Infection by the COVID-19 Virus
PLMJ, March 2020

The Government has approved Order 2875-A/2020 which provides for a set of actions to plan and coordinate resources to minimise the economic and social impacts of the epidemic. This Order sets out the rules regarding the disease that apply to workers who are ordered into the situation commonly known as quarantine as a result of the risk of infection with the COVID-19 virus. Accordingly: • Workers who are unable to work because of an order from the health authority will be treated as equivalent to workers who have been hospitalised for illness, so they will have the right to the applicable benefit...

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All articles submitted by PLMJ

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