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First Draft Bill Implementing EU Directive 2019/1023 on Preventive Restructuring Frameworks and Improving the Instruments Introduced by ESUG in 2012, with a Focus on Self-Administration
Heuking Kühn Lüer Wojtek, September 2020

BUSINESS STABILIZATION AND RESTRUCTURING ACT (STARUG) On 18 September 2020, the German Federal Department of Justice published a first draft bill for the implementation of the EU Directive 2019/1023 on preventive restructuring frameworks of 20 June 2019 (the „Draft Bill“)...

Ohio Passes Law Providing COVID-19 Liability Shield for Individuals, Businesses, and Health Care Providers
Dinsmore & Shohl LLP, September 2020

On Sept. 14, 2020, Ohio Governor Mike DeWine signed into law a bill, which provides significant protections against tort claims arising from COVID-19 to all entities, including individuals, businesses, health care providers, property owners, government entities, churches, and schools. Amended Sub...

DOL Issues Revised FFCRA Regulations in Response to Court Ruling
Dinsmore & Shohl LLP, September 2020

On Sept. 11, 2020, the U.S. Department of Labor (DOL) announced revisions to the regulations implementing the Families First Coronavirus Response Act (FFCRA), following the New York federal court’s decision that invalidated some of the prior regulations as either inconsistent with the text of the FFCRA or insufficiently explained by the DOL in its original regulations...

Governor Wolf’s COVID-19 Orders Fall Under Constitutional Challenge
Spilman Thomas & Battle, PLLC, September 2020

Since March, Pennsylvania Governor Tom Wolf and his administration have responded to the COVID-19 pandemic by imposing some of the strictest limitations in the country on the Commonwealth’s residents and businesses...

Bill on Stamp Duty
Makarim & Taira S., September 2020

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 public awareness. The Bill will only recognize a single stamp duty, Rp10,000 unlike the current law which recognizes two stamp duties (Rp3,000 and Rp6,000)...

Arrangement for Mutual Service of Judicial Documents in Civil and Commercial Cases between the HKSAR and Macao SAR
Deacons, September 2020

An official channel has been established between Hong Kong and Macao, with effect from 1 August 2020, whereby the Courts of Hong Kong and Macao may entrust each other with the service of judicial documents in civil and commercial proceedings. The Rules of High Court and Rules of District Court have been amended to give effect to the Arrangement...

Section 30A(6) of the Bankruptcy Ordinance (Cap.6): Care to be Exercised by Creditors when Making Objections to Automatic Discharge from Bankruptcy
Deacons, September 2020

In the recent case of Re Shum Tung Lam formerly known as Shum Wan Man [2020] HKCFI 1720, the Court of First Instance was asked to clarify the requirements under section 30A(6) of the Bankruptcy Ordinance (Cap. 6) (BO) which governs objections made by creditors or trustees to the automatic discharge of a bankrupt from bankruptcy...

Bayanihan 2 Increases the Compulsory Merger Notification Threshold to Php50 Billion and Suspends the PCC’s Power to Review Non-Notifiable Transactions motu proprio
SyCip Salazar Hernandez & Gatmaitan, September 2020

 On September 11, 2020, the Philippine President signed into law Republic Act No. 11494, otherwise known as the “Bayanihan to Recover as One Act” (Bayanihan 2). It is intended to, among other things, accelerate the recovery of the Philippine economy from the downturn caused by the COVID-19 pandemic. Bayanihan 2 will become effective immediately upon its publication in a newspaper of general circulation or in the Official Gazette...

The Quetzal will Soar its Flight: The public + The private: the winning alliance By Ignacio Grazioso
QIL+4 ABOGADOS, September 2020

Ten years ago, the PPP Law was approved, the regulatory framework that seeks to make the Public Private Partnerships (“PPPs”) viable as a solution to the country's infrastructure deficit. For reasons beyond legal and economic facts, Guatemala has not yet seen its first PPP project born. However, the planets seem to be aligning to propitiate the possible detonation of investment in infrastructure and we see reasons for optimism on the horizon...

Disability and Remote Work
QIL+4 ABOGADOS, September 2020

Teleworking is a work tool that opens a world of possibilities for the reinsertion of sectors of the population that have not had free access to work opportunities. It is a feasible option to provide job opportunities to people for whom moving outside their homes is a limitation; limitations that could occur not only to people with family responsibilities – child and elderly care – or students, but also to people with disabilities...

Telework in Guatemala
QIL+4 ABOGADOS, September 2020

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 TECHNOLOGY, in the innovative and efficient use of tools that allow us to be connected without being anchored to a specific place...

Everybody in the Pool! – The SEC Expands the Definition of Accredited Investor
Dinsmore & Shohl LLP, September 2020

The Securities and Exchange Commission (SEC) recently adopted a new amendment that adds additional categories of persons eligible to meet the accredited investor definition, expanding the pool of capital available to the private capital markets. Background Under the Securities Act of 1933 (Act”), offerings for the sale of securities must be registered with the SEC...

Newly Enacted California Consumer Financial Protection Law (AB 1864) Reorganizes and Renames Financial Institutions Regulator for Expanded Oversight of Certain Consumer Financial Services Innovation Sector
Buchalter, September 2020

By: Michael Flynn and Melissa Richards Introduction California has enacted a new California Consumer Protection Law (CCFPL), California Financial Code Section 90001 et seq.  The CCFPL will convert the Department of Business Oversight (DBO) into a new Department of Financial Protection and Innovation (DFPI).  AB 1864 was sent to the California Governor on September 4, 2020 for signature, and he is expected to sign within thirty (30) days...

California Legislature Passes Bill to Maximize Creation of Public Transportation Infrastructure
Hanson Bridgett LLP, September 2020

Key Points California Legislature passes SB 288, which adds statutory CEQA exemptions for bicycle and mass transit projects. Extends CEQA Exemption for bicycle-related highway projects from Jan. 1, 2021 to Jan. 1, 2030. Relates only to projects for which the lead agency and the entity carrying out the project are public agencies. The California Legislature passed SB 288 on Aug. 31, 2020...

OSHA Whistleblower Complaints on the Rise: Employers Be Aware
Dinsmore & Shohl LLP, September 2020

Whistleblower complaints to the Occupational Safety and Health Administration (OSHA) have continued to rise during the COVID-19 pandemic. Between February 18, 2020, and May 31, 2020, a total of 4,101 whistleblower complaints were filed,[1] which represented a 30% increase in complaints over the same period last year...

Sixth Circuit Court Of Appeals Limits Enforcement of NLRB Special Remedies
Dinsmore & Shohl LLP, September 2020

The Sixth Circuit Court of Appeals has limited the use of “special remedies” by the National Labor Relations Board (NLRB or Board) in a 3-0 decision issued on Sept. 4, 2020.[1] On April 4, 2019, the NLRB ordered the employer to remedy unfair labor practices committed during a union organizational drive.[2] As part of that decision, the Board refused to enforce a Gissel bargaining order that would have compelled the employer to recognize and bargain with the union...

Some Relief for Generators of Retail Hazardous Waste in Sight
Buchalter, September 2020

On September 1, the California legislature sent to the Governor amendments to California’s Hazardous Waste Control Law. Once signed by the Governor, AB 2920 will allow retail hazardous waste to be shipped on a “consolidated manifest.” This simplified procedure has been available for specific types of hazardous waste such as used oil, but this is the first time it has applied a broad, general category such as “retail hazardous waste...

The Ministry of Commerce Releases Third Version of the Pilot Programme Plan for the Innovative Development of the Trade in Services
Deacons, September 2020

On 12 August 2020, the Ministry of Commerce released via Circular the State Council approved Master Plan for the Comprehensive Deepening of the Pilot Programme for the Innovative Development of the Trade in Services together with a schedule of specific measures (2020 Plan). The 2020 Plan includes 8 pilot tasks and 122 specific measures to open, facilitate and support the innovative development of the Trade in Services...

Private Pay Assisted Living Providers Are Eligible for HHS Provider Relief Payments – But Only Briefly
Hanson Bridgett LLP, September 2020

Key Points HHS Provider Relief Fund payments are being extended to private pay assisted living facilities under Phase II. Relief will be equal to 2 percent of annual gross revenue from resident care. Interested providers must act swiftly: the deadline to submit basic information to HHS is Sept. 13 Provider relief funds need not be repaid if recipients comply with the program criteria. HHS Announcement: On Sept.1, the U.S...

New California and Federal Moratoria on Evictions Based on Non-payment
Hanson Bridgett LLP, September 2020

Key Points New California law prohibits residential evictions based on the non-payment of rent and other fees due between Mar. 1, 2020, and Jan. 31, 2021, if failure to pay is due to COVID-19 related distress. California courts may not issue summonses in any residential unlawful detainer actions based on non-payment until Oct. 5, 2020. New Order from the Centers for Disease Control and Prevention halts evictions for tenants who meet specific requirements through Dec. 31, 2020...

New Measures to Prevent and Combat Money Laundering and Terrorist Financing
PLMJ, September 2020

Law 58/2020 came into force on 1 September 2020 and it implements into Portuguese law: Directive (EU) 2018/843 of the European Parliament and of the Council of 30 May 2018 amending Directive (EU) 2015/849 on the prevention of the use of the financial system for money laundering or terrorist financing, commonly known as the 5th Anti-Money Laundering Directive; and Directive (EU) 2018/1673 of the European Parliament and the Council of 23 October 2018 on combating money laundering by criminal l

Following the European Court of Justice Judgement Regarding the Privacy Shield - Data Protection Authority Publishes Recommended Actions for Practice
Heuking Kühn Lüer Wojtek, September 2020

In July 2020, the European Court of Justice (C-311/18, "Schrems II") declared the EU-US Privacy Shield as invalid as the legal basis for the transfer of personal data to the USA and increased the requirements on the EU standard contractual clauses...

Supreme Court of California Weighs In on Blanket Categorization of Well Construction Permit Approvals as Ministerial
Hanson Bridgett LLP, September 2020

Key Points A permitting agency's blanket designation of an entire category of permit decisions as ministerial for purposes of the California Environmental Quality Act (CEQA) may be held to be improper if the agency has the ability to modify or deny the permit based on any concern that may be examined under CEQA review. Courts will afford a larger degree of deference to an agency’s designation of a single permit decision as ministerial on a case-by-case basis...

Smokable Hemp Bans – Practical Considerations for Hemp Companies and the Financial Institutions that Serve Them
Bradley Arant Boult Cummings LLP, September 2020

The popularity of smokable hemp has rapidly increased since the 2018 Farm Bill legalized hemp at the federal level. But the Farm Bill allows states to regulate hemp production in ways “more stringent” than federal law, and some states have used this leeway to ban smokable hemp to some degree. The result is a patchwork of state laws regarding smokable hemp’s legality, adding complexity to a legal landscape that was already nuanced enough...

The Latest from the Supreme Court on Point Source Pollution and the Clean Water Act
Bradley Arant Boult Cummings LLP, September 2020

A wastewater facility on the island of Maui, Hawaii, collects sewage, treats it, and pumps the treated water through underground wells. The water then travels half a mile, through groundwater, into the Pacific Ocean. Must the facility possess an EPA permit to do this? In April, the Supreme Court of the United States answered this question with a rather drawn-out "maybe...

 

 

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