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Legal Checklist: How to Make your Business Sustainable in the Face of New Challenges
ALRUD Law Firm, July 2020

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; establish a flawless remote operation; transform the pattern of cooperation with counterparties and partners; reallocate resources and learn to communicate with their employees under crisis...

Michigan Small Business Restart Program Accepting Grant Applications Starting July 15
Dykema, July 2020

The State of Michigan has allocated $100 million of CARES Act funding to implement the Michigan Small Business Restart Program to provide grants to Michigan businesses directly impacted by COVID-19. The grants, up to $20,000 each, will be administered by 15 Economic Development Organizations (EDOs) covering all 83 counties in the state. Participating EDOs are listed below...

Sorry, Wrong Number: The Ninth Circuit and TCPA Liability
Spilman Thomas & Battle, PLLC, July 2020

The Ninth Circuit Holds that Callers are Subject to TCPA Liability if the Callers Intend to Make Automated Calls to a Consenting Customer, but Instead Call Someone Else Introduction On June 3, 2020, the United States Court of Appeals for the Ninth Circuit dealt a blow to callers governed under the Telephone Consumer Protection Act (“TCPA”)...

Discharging Cargo from Ships that are Under Arrest
Shearn Delamore & Co., July 2020

A ship may be arrested in Malaysia as long as the claim of the arresting party falls under any of the provisions of Section 20(2) and Section 21 of the Supreme Court Act 1981 of England and Wales. Any party that wants to arrest a ship in Malaysia must strictly comply with Order 70 of the Rules of Court 2012 (the ROC 2012), which governs admiralty proceedings in the High Court. On the arrest of a ship, it will not be allowed to work without the sheriff's express permission...

Reopening your Workplace after Lockdown: 10 Key Questions
ALTIUS/Tiberghien, July 2020

With the exit from lockdown in full swing, many companies are recalling their staff to the workplace. This article answers 10 FAQs that employers, business managers and HR specialists must consider during employees' return to work. FAQs Must employers respect health and safety measures on their employees' return to work and, if so, which ones?Yes, to the extent possible, social distancing (ie, maintaining a distance between people of at least 1...

TMT And Data Compliance & Cybersecurity: Personal Data Protection in the Age of Covid-19
Shearn Delamore & Co., July 2020

With the implementation of the Movement Control Order (MCO) since 18 March 2020, the Conditional Movement Control Order (CMCO) as well as the Recovery Movement Control Order, the Government has issued a number of Standard Operating Procedures (SOPs) to control the spread of the Covid-19 pandemic...

Underperforming real estate: Can REIT (funds) assist developers in the UAE?
Afridi & Angell, July 2020

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 REIT is a public or private investment fund which is established to invest a certain percentage (as stipulated by law) of its assets in real estate...

Banking on Green: A Push Towards Climate-Conscious Financial Activity
Shearn Delamore & Co., July 2020

In December 2019, Bank Negara Malaysia (BNM) issued a discussion paper on “Climate Change and Principle-based Taxonomy”1. The discussion paper highlights the risks arising from climate change and environmental degradation to the economy. It outlines guidance for financial institutions in identifying these risks and classifying economic activities that contribute positively to climate change objectives. According to BNM, 10.3% of the total assets of banks and 24...

Supreme Court Affirms Addition of .Com to Generic Term Renders Booking.com Registrable
Dykema, July 2020

In a decision contrary to current Patent and Trademark Office (“PTO”) rules, the United States Supreme Court has found the mark BOOKING.COM as a whole is not generic and that combining a generic term with “.com” does not necessarily result in a composite term that also is generic. Background Booking.com B.V. (“Booking.com”) sought to federally register the mark BOOKING.COM, and related variations, for travel services...

Deductibility of Expenses Incurred by a Business in its Restructuring or Retrenchment Exercise
Shearn Delamore & Co., July 2020

Faced with the current Covid-19 pandemic and the consequential economic ramifications, it is inevitable that affected businesses are put under increasing financial strain. Affected businesses would at some point consider a restructuring of the business to manage the tide and stay afloat, with the last resort being liquidation for businesses operating in industries that are the most impacted by this pandemic...

Of A$$holes, Art and Alternative Asset Classes
TSMP Law Corporation, July 2020

What lies in the new frontier of investment regulation? On May 26, the New York Times reported that the US Justice Department had dropped investigations into three US senators’ stock trades conducted shortly after they had been privately briefed on the novel coronavirus in January. The politicians had dumped millions of dollars of shares in Exxon Mobil, tech giants and real estate companies, some of which later lost value when markets plunged...

A Look at Issues Faced by Employers as a Result of the Covid-19 Pandemic and Ensuing Movement Control Order
Shearn Delamore & Co., July 2020

Introduction The Covid-19 global pandemic which has swept the globe and caused many countries to introduce various degrees of lock down measures has given rise to various issues and scenarios which an employer must deal with and manage. This is no different for employers in Malaysia where the Government has implemented the Movement Control Order (“MCO”) since 18 March 2020 which saw the economic activity brought to a halt...

Uruguay: Antitrust Premerger Control in Full Force
Guyer & Regules, July 2020

The new prior authorization regime for economic concentrations in Uruguay passed by Congress in 2019 is in force since April 2020 and therefore premerger control is since mandatory for a large set of transactions involving Uruguay. The Uruguayan Antitrust Commission has recently published the form for market participants to request antitrust authorization...

Relying on the Doctrine of Frustration During a Pandemic
Shearn Delamore & Co., July 2020

In this article, Aisyah Muhammad discusses whether a party to a contract can rely on the doctrine of frustration in the event of the non-performance of its contractual obligations during the Covid-19 pandemic. Introduction The emergence of the highly contagious Covid-19 virus has without a doubt caused major disruptions across various industries including transportation, retail, tourism and oil and gas...

Golden Visa: The Conditions and Requirements to Obtain and Renew an Investment Residence Permit in Portugal
PLMJ, July 2020

The regulations of the legal framework for foreigners in Portugal and the procedure and rules to be followed by applicants for Investment Residence Permits (normally referred to as “Golden Visas” or “ARIs”), provide for a large number of investment models within the eight types of investment activity with the following specifics. Investment activities a) Transfer of capital of at least EUR 1,000,000...

Changes under the Franchise (Amendment) Act 2020
Shearn Delamore & Co., July 2020

The Franchise Act 1998 (FA) has been the main source of legislation which governs franchise businesses and the relationship between a franchisor and franchisee in Malaysia for more than 20 years. On 3 December 2019, the Franchise (Amendment) Bill 2019 was passed by the Lower House of the Parliament and received Royal Assent on 20 February 2020. Subsequently, the Franchise (Amendment) Act 2020 (the Amendment Act) was gazetted on 6 March 2020...

The California Court of Appeal Issues Landmark Local Government Finance Decisions
Hanson Bridgett LLP, July 2020

Key Points: California Court of Appeal issues two landmark local government finance decisions. Propositions 13 and 218 do not require two-thirds voter approval for special taxes proposed by initiative. A toll is not a tax. The California Court of Appeal in San Francisco has issued two blockbuster decisions in the last week impacting local government finance...

Likas Bay Precinct Sdn Bhd v Bina Puri Sdn Bhd: A Case Note
Shearn Delamore & Co., July 2020

Background factsThe respondent, Bina Puri Sdn Bhd (“Bina Puri), obtained an adjudication award dated 31 December 2016 (“Adjudication Award”) against the appellant, Likas Bay Precinct Sdn Bhd (“Likas”), pursuant to the Construction Industry Payment and Adjudication Act 2012 (“CIPAA 2012”) whereby Likas had to pay Bina Puri certified sums amounting to RM16,439,628.24 (“Adjudicated Sum”)...

Court of Appeal Upholds State Board’s Broad Power to Regulate Riparian and Pre-1914 Appropriative Water Rights to Protect Threatened Fish
Hanson Bridgett LLP, July 2020

Key Points The Third Appellate District in Stanford Vina Ranch Irrigation Co. v. State found that the State Board could promulgate emergency drought regulations and issue curtailment orders necessary to protect threatened fish...

United States Congress Extends PPP Loan Application Deadline to August 8, 2020
Dykema, July 2020

On June 30, 2020, the Senate passed an extension of the Paycheck Protection Program (PPP) to keep the program operating until August 8, 2020. On July 1, 2020, the House also approved the extension for the program which was set to end on June 30. The President is expected to sign the extension shortly...

Governor Wolf’s Shutdown Orders Survive the Supreme Court of Pennsylvania’s Scrutiny—Again
Spilman Thomas & Battle, PLLC, July 2020

Pennsylvania Governor Tom Wolf has once again come away from the Supreme Court of Pennsylvania with his shutdown orders intact. In April, the Commonwealth’s highest court exercised its King’s Bench jurisdiction to deny a constitutional challenge brought by a political committee and several Pennsylvania businesses...

Measures Taken by the National Customs Service Regarding Covid-19
Carey, July 2020

Regulation Considering the Covid-19 pandemic and Chile's declaration of a State of Disaster, the National Customs Service (Servicio Nacional de Aduanas, "SNA") has issued certain regulations to facilitate foreign and domestic trade operations electronically and to protect the health of all people involved in its operations. Below you will find a description of the regulations currently in force and effect: A. Circular Letter No...

Bulgaria COVID-19 Tracker
Boyanov & Co., July 2020

Business in Bulgaria is experiencing a challenging legal environment in the context of rapidly changing emergency measures dealing with the COVID-19 pandemic. We have prepared a summary of the key legal measures affecting business in the BULGARIA COVID-19 TRACKER. It will be updated daily, as necessary. Please check regularly for updates. If you have questions, please contact a member of our C19 Task Force...

Bridging the COVID-19 Liquidity Gap: New Political Agreement regarding Danish State Guarantee Schemes
Plesner, July 2020

On 15 June 2020, a political agreement was reached between the Danish Government and a number of Danish political parties regarding gradual phase-out of certain existing COVID-19 aid packages which are to be replaced with a comprehensive economic recovery package designed to boost the Danish economy following the outbreak of COVID-19...

Companies Will Need to Embrace Change in Order to Emerge Less Scathed from the Shadow of COVID-19
Shoosmiths LLP, July 2020

How successfully a business emerges following this pandemic will depend to a great extent on how quickly it identifies and implements long term necessary changes. Nobody is yet clear what the post-Covid-19 world will look like. It is possible that things revert back to the way they were quicker than anyone imagines. That said, it is very difficult to imagine no lasting or consequential changes to the way we work or live...

 

 

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