On April 20, 2020, the National Consumer Service (SERNAC) published the "Interpretative Circular on Supplier’s Good Practices in the context of the Covid-19 Pandemic", which seeks to establish the main concepts and criteria for companies to promote good commercial practices in order to protect consumers, especially with regard to their health and physical and psychological integrity ...
The Securities and Futures Commission (SFC) issued a circular on 17 April 2020 (Circular) to managers and market makers of SFC authorised exchange traded funds (ETFs) reminding them of their responsibility to manage ETFs in the best interests of investors. The circular was prompted by the suspension of market making activities by the sole market maker of an ETF due to the quarantining of some of its trading staff ...
The EU Commission has implemented a Temporary Framework for State aid measures and provided the Member States with a toolbox of instruments to support their companies in the crisis. Germany has implemented some of these instruments. The following article takes a look at instruments that have been notified by other Member States and are also of interest to Germany ...
In recent months, the European courts have again decided numerous cases on state aid law. The following cases deal with antitrust law claims for damages for granting authorities, the effects of changes to the legal basis in state aid proceedings and the access to files in accordance with Regulation (EC) No. 1049/2001 in state aid proceedings ...
Please find a summary of regulations related to COVID-19 in more than 32 countries (including Indonesia prepared by our Firm) as per 22 April 2020 below. Economic Measures Loan Facilities: The Indonesian Financial Services Authority (OJK) issued Regulation No. 11/POJK.03/2020 (March 16, 2020), which relaxes the loan quality assessment and restructuring requirements for borrowers affected by COVID-19 until March 31, 2021 ...
Many believe the concept of litigation is antithetical to a sound bankruptcy practice. When I pitch "bankruptcy litigation" to corporate and litigation departments, eye rolls often abound. What do I know? What am I talking about? Why multiply expense with diminishing returns? I understand these common questions well. After all, bankruptcy lawyers, perhaps even more than some of our counterparts, tend to wax more practical in our advice ...
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 pandemic and its aftermath. We consider only credit facilities, that is, agreements by which financial institutions advance money to their clients for repayment either in instalments or at term ...
In the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Congress – among other things – directed U.S. Secretary of Education Betsy DeVos to report regarding waivers of children’s rights under the IDEA and Section 504 of the Rehabilitation Act. On April 27, DeVos announced she would not recommend that Congress pass any additional waivers concerning the requirements in those acts ...
On April 27, 2020, the Ohio Department of Health (ODH) Director Amy Acton, M.D., MPH, and Governor Mike DeWine announced surgeries that do not require an overnight stay may proceed on May 1, 2020. Other surgeries that meet current essential standards may continue to be performed. Additionally, dental offices and veterinary offices can resume operations on May 1, 2020 ...
On April 10, 2020 the Department of Health and Human Services distributed the first $30 billion in healthcare relief funds. On April 22, HHS followed by allocating another $40 billion in relief funds. These funds will provide much needed assistance to healthcare providers absorbing costs and suffering losses due to the COVID-19 pandemic ...
Key Points A recent order from the Santa Clara County Superior Court suggests that California courts intend to uphold and implement SB 35's goals of fast-tracking housing developments that meet established, objective criteria. California courts will closely scrutinize the objective planning standards cities and local governments utilize in determining whether a project is compliant with local land use criteria and building codes ...
Key Points A federal district judge has invalidated the Army Corps of Engineers Nationwide Permit 12 for failure to comply with the Endangered Species Act, in response to a case filed against the notorious Keystone XL pipeline. As a result of the decision, the Army Corps has halted new and pending approvals under the permit, which is required for construction projects that will discharge dredged or fill material into waters of the United States ...
Key Points: Face coverings are now mandatory for most workers in six Bay Area counties. These orders apply to those working in proximity to others and in areas frequented by the public, and to all essential infrastructure workers. There are immediate implications for public agencies, contractors, and construction project owners ...
The French State guarantee of 300 billion euros scheme to secure loans granted by banks to companies affected by the Coronavirus pandemic. This was set up by Amendment to the French budget law for 2020 dated 23 March 2020[1] (completed by two arretés dated 23 March 2020 and 17 April 2020 and modified by the second amendment to the budget law dated 25 April 2020[2]) is already a success ...
On April 27, 2020, a group of petitioners asked the Supreme Court of the United States to stay the enforcement of Pennsylvania Governor Tom Wolf’s March 19, 2020, executive order that closed many of the Commonwealth’s businesses. The case Friends of Danny DeVito et al. v. Wolf et al., No. 19A1032, reaches the Supreme Court from the Supreme Court of Pennsylvania, where the petitioners’ King’s Bench petition was denied on April 13, 2020 ...
The Heidelberg Regional Court rejected an employee’s claim for access to information about the employer’s processing of his personal data insofar as this data is merely located in backup files of his email account. Restoring such data was said to represent disproportionate effort for the controller in this individual case (judgment of February 6, 2020 – 4 O 6/19) ...
In response to the COVID-19 pandemic, governments across Canada have put measures in place to slow the spread, but which have also had a significant impact on business. The purpose of this post is to provide an overview of the powers available to the Government of Alberta to respond to the pandemic, and most notably, those available under the Alberta Emergency Management Act and Alberta Public Health Act ...
The U.S. Supreme Court creates a test for when discharges to groundwater trigger NPDES permitting requirement, but its failure to include a bright line will make it difficult to predict whether a particular situation meets that test ...
In light of the social distancing orders put in place in response to the COVID-19 pandemic, Governor Andrew Cuomo signed Executive Order 202.7 on March 19, 2020 which authorized notary publics to notarize documents remotely. The initial order was in effect through April 18, 2020; however, Executive Order 202 ...
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 organizations had commenced remote working as precautionary measures against the spread of the virus ...
Regulations to carry out inspection, surveillance & health control of water for human consumption through a protocol applied by competent entities. The protocol for inspection, monitoring and control of water quality for human consumption in rural areas should be adopted. This protocol and the procedures to be followed are established in the Technical Annex, which is part of the Resolution ...
