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Enforcement of Foreign Awards
Kochhar & Co. Advocates & Legal Consultants, May 2020

HAS SUPREME COURT TAKEN A STEP BACK IN ITS RECENT JUDGMENT IN “NAFED VS. ALIMENTA S.A.”? The Supreme Court on April 22, 2020 declared a foreign award unenforceable on the ground that one of the provisions of the Agreement in question was hit by Section 32 of the Indian Contract Act, 1872 and thus violative of public policy of India. Brief Background: NAFED and Alimenta S.A...

Corporate Governance in the Time of COVID-19: Navigating New Horizons
SyCip Salazar Hernandez & Gatmaitan, May 2020

The COVID-19 pandemic has forced companies to change the way that they do business. The fact that the National Capital Region is currently under a Modified Enhanced Community Quarantine (MECQ),[1] and prior to that, was under Enhanced Community Quarantine (ECQ) for two months since 16 March 2020, makes it difficult for Philippine domestic corporations to navigate the Philippine business landscape and conduct business as usual...

COVID-19 Restructuring Event Businesses to Survive and Thrive
MinterEllison, May 2020

Can the shuttered events industry restructure to not just survive but thrive? While many organisations are facing an urgent need to restructure to survive the COVID-19 led financial crisis, those most acutely affected are in the major event, hospitality, tourism, festival and sporting businesses. Social isolation and the severe curtailment of most travel has effectively shut down many of these industries...

The 'Next Normal': Climate Change Risk Governance in a Pandemic Age - Part 1
MinterEllison, May 2020

While immediate pandemic pressures may moderate short-term corporate progress on climate risk assessment and disclosure, there is little to suggest that regulatory and investor expectations have significantly diminished in 2020. Corporates may face increasing investor pressure to make a 'Paris-aligned' business strategy a central pillar of their corporate rebuilding and recovery plans, with a measurable pathway to net zero emissions...

The COVID-19 and Its Impacts on Leases in Cambodia
DFDL, May 2020

The COVID-19 global pandemic continues to rage and tenants in Cambodia are now looking carefully at whether this situation can be considered a force majeure event in order to seek a cessation or reduction of their rental payments.  On 11 March 2020, the World Health Organization (“WHO”) officially declared the outbreak of the coronavirus disease 2019 (“COVID-19”) a global pandemic...

Data Privacy and WFH: NPC Bulletin on Protecting Personal Data in a Work From Home Arrangement
SyCip Salazar Hernandez & Gatmaitan, May 2020

The National Privacy Commission (NPC) has issued guidelines on data protection in work from home (WFH) arrangements (NPC PHE Bulletin No. 12 on “Protecting Personal Data in a Work from Home Arrangement; issued May 15, 2020).  The full text of the guidelines can be found here: https://www.privacy.gov.ph/2020/05/npc-phe-bulletin-no-12-protecting-personal-data-in-a-work-from-home-arrangement/...

The Return-To-Work Checklist: Focus on Labor
SyCip Salazar Hernandez & Gatmaitan, May 2020

Philippine government agencies continue to issue additional and more specific guidelines on dealing with business continuity concerns, in light of more enterprises being able to resume operations under the Modified Enhanced Community Quarantine (MECQ), and more areas now being under the less restrictive General Community Quarantine (GCQ). This briefing covers the following more recent advisories:   Department of Labor and Employment (DOLE) Labor Advisory No...

New MECQ Guidelines Issued by the IATF; IPOPHL Re-Opens on May 25
SyCip Salazar Hernandez & Gatmaitan, May 2020

  This is a briefing on the following issuances as of May 16, 2020 in relation to the COVID-19 pandemic:  No Mandatory Testing of Returning Workers  What is MECQ? New Normal?  Business Allowed to Operate During MECQ  Other Key Things to Remember in a MECQ Area  Intellectual Property Office of the Philippines (IPOPHL) Resumes On-site Operations on May 25, 2  The Inter-Agency Task Force for the Management of Emerging Infectious Diseases (IATF) ha

COVID-19 Legal Briefing: Focus on Employment and Public Health Standards
SyCip Salazar Hernandez & Gatmaitan, May 2020

This briefing takes a deeper dive into the labor and employment aspect of COVID-19 issuances. Some of the guidelines here are covered in our The Return-to-Work-Checklist for Philippine Companies. A.  Operating establishments have been directed to comply with public health standards prescribed by the Department of Health (DOH), Department of Trade and Industry (DTI) and the Department of Labor and Employment (DOLE) 1.  The DTI issued DTI Memorandum Circular No...

The True Cost of Coronavirus
TSMP Law Corporation, May 2020

Is Coronavirus the Great Leveller? When the novel coronavirus first started spreading like wildfire, people called it the “great leveller”. No respecter of status or economic background, Covid-19 affected people at all strata, from housemaids to Hollywood royalty; peons to prime ministers. Tom Hanks, Boris Johnson and an aide to US Vice President Mike Pence all contracted it...

Direct Tax - Update
Kochhar & Co. Advocates & Legal Consultants, May 2020

The key Direct tax changes as announced by the Union Finance & Corporate Affairs Minister Smt...

COVID 19 Resource - Direct Tax - Update
Kochhar & Co. Advocates & Legal Consultants, May 2020

The key Direct tax changes as announced by the Union Finance & Corporate Affairs Minister Smt...

Legal Commentary on the Measures for Cybersecurity Review
Han Kun Law Offices, May 2020

On April 27, the Cyberspace Administration of China ("CAC") and 11 other departments  jointly announced the promulgation of the Measures for Cybersecurity Review  (the "Measures"), which will come into effect on June 1, 2020 and replace the current Measures for Security Review of Network Products and Services (for Trial Implementation)  (the "Trial Measures")...

Metro Manila will be Under Modified Enhanced Community Quarantine (MECQ) from May 16 to May 31
SyCip Salazar Hernandez & Gatmaitan, May 2020

This is a briefing on the issuances of the Philippine government as of May 13, 2020 about the imposition of a modified enhanced community quarantine (MECQ) over Metro Manila and other high-risk areas in relation to the COVID-19 pandemic...

Urgent Overseas Investment Law Changes Announced in Response to COVID-19
MinterEllisonRuddWatts, May 2020

The New Zealand Government has announced that it is further amending the Overseas Investment Act 2005 (Act) in order to protect key New Zealand assets as the economy recovers from the COVID-19 pandemic...

COVID-19: Practical Steps for Protecting Privacy while Contact Tracing
MinterEllisonRuddWatts, May 2020

The need to protect privacy while enabling contact tracing for COVID-19 cases is top of mind as more New Zealand businesses prepare to reopen their doors under Alert Level 2. While the basic requirements for contract tracing registers seem simple enough to follow, there are some practical steps businesses should take to ensure compliance with current privacy law...

FMA Level 2 Guidelines
MinterEllisonRuddWatts, May 2020

The Government has announced that New Zealand will be moving to COVID-19 Alert Level 2 at 11:59pm on 13 May 2020. While it is still not business as usual, Alert Level 2 will see an increase in business activity. The key, however, is to reduce the risk of transmission. In response, the Financial Markets Authority (FMA) has published guidelines (supported by WorkSafe) on how financial service businesses and staff should operate under Level 2...

Public Service Obligation = Subsidy? A Case Study From BUMN
Makarim & Taira S., May 2020

What is the Public Service Obligation (PSO)? Whose obligation is it? What is the realization of the PSO? Some of us may not be familiar with the PSO and what actually means for a country. This article provides a general understanding of the PSO and particularly, how the PSO can affect us directly. First things first, what is the PSO? The PSO is a concept commonly adopted by all nations and as you might guess, it is the obligation of the government to serve the public...

The Philippines: Issuances in Relation to the COVID-19 Pandemic as of May 10, 2020
SyCip Salazar Hernandez & Gatmaitan, May 2020

 This is a briefing on the following issuances as of May 10, 2020 in relation to the COVID-19 pandemic: A. Suspension of Periods to File Applications and Other Documents with the Department of Labor and Employment (DOLE) B. Issuances Supplementing the Inter-Agency Task Force on Emerging Infectious Diseases’ (IATF) Omnibus Guidelines on Community Quarantine (Omnibus Guidelines) C...

Hong Kong: Trademark Practice - Small Changes, Big Differences
Deacons, May 2020

Significant changes are expected to be introduced to the trademark law of Hong Kong to cater for the examination, acceptance and administration of the International Registration of marks under the Madrid System which is tentatively scheduled for launch in 2022/23. The Hong Kong Intellectual Property Department (IPD) is revamping the trademark law to align with international practices, after holding several industry consultations to gather opinions and recommendations...

Public Gathering Ban: Clear Exemption for Shareholders’ Meetings of Listed Companies Effective from 8 May 2020
Deacons, May 2020

With a view to combating the COVID-19 pandemic, the Hong Kong Government has introduced measures to implement social distancing, including, among other things, the Prevention and Control of Disease (Prohibition on Group Gathering) Regulation (Cap. 599G) (Regulation), which has been effective since 29 March 2020. The Regulation, when first issued, prohibited group gatherings of more than four persons in public places during the “specified period”...

COVID-19: Employment Law in Japan - Some Key Questions
Atsumi & Sakai, May 2020

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 employers as they seek to handle the challenges they face, whilst balancing the protection of their business and their obligations to their workers. This memorandum briefly addresses a number of key employment law issues and questions...

COVID 19: Force Majeure in Japan - Some Key Questions
Atsumi & Sakai, May 2020

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 to their customers, suppliers, and banks, etc. This memorandum briefly addresses a number of key issues and questions relating to force majeure under Japanese law...

Understanding the COVID-19 'JobKeeper Payments'
MinterEllison, May 2020

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 closely considered by employers before implementing any changes. It has been reported that 8,000 businesses lodged an application for the subsidy in the 50 minutes that followed the announcement...

Competition Tribunal Sets Out Structural Framework for Pecuniary Penalty Assessment in Landmark Judgement
Deacons, May 2020

On 29 April 2020, the Hong Kong Competition Tribunal (Tribunal) handed down its first ever judgment on pecuniary penalties against ten decoration contractors (Penalty Judgment) who were found to have violated the First Conduct Rule under the Competition Ordinance (Ordinance), which prohibits undertakings from entering into an agreement or engaging in a concerted practice that has the object or effect of harming competition in Hong Kong...

 

 

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