Many banks and other financial services businesses and corporates have started preparing for life after the London Interbank Offered Rate (“LIBOR”). We are now less than two years away from the LIBOR and other Interbank Offered Rates (“IBORs”) being discontinued. Global banks are only required to submit LIBOR until the end of 2021. The proposal is to replace LIBOR and other IBORs with (nearly) risk-free rates (“RFR”) in certain major jurisdictions ...
Is the employer obligated to notify the Principal Inspector of Mines of known cases of COVID-19 in the workforce? In terms of section 11(5B) of the Mine Health and Safety Act, 1996 (the "MHSA"), the employer is required to notify the Principal Inspector of Mines of any occurrence at the mine that results in the illness of any person ...
In response to the rapid spread of the coronavirus (COVID-19), South Africa entered a lockdown period on 27 March 2020 and subject to any further directions from government, this period is due to last until midnight on 16 April 2020. During the lockdown period, employees performing an essential service are allowed to travel to and from work ...
The Emergency Regulations published under the National Disaster Management Act, 2002 to reduce the impact of the coronavirus (COVID-19) were understandably, under the circumstances, published in a hurry with a number of scenarios not being thought of and being left to interpretation. One of those is sectional title living ...
The Financial Sector Conduct Authority (“FSCA”) has been proactive in responding to the threats posed to the retirement funds industry by the infectious disease caused by the coronavirus (“COVID-19”) pandemic affecting South Africa. In recent days, the FSCA has made two noteworthy pronouncements for the retirement funds sector in an effort to mitigate potential exposures that the COVID-19 pandemic is likely to have on the retirement funds industry ...
Through Resolution 2782, the Institute of Urban Development - IDU ordered suspension of contracts and agreements with certain exceptions. Through Resolution 2782 of March 24, 2020, and given the health emergency generated by Covid-19, the General Director of the Institute of Urban Development - IDU ordered the suspension of: (i) Road infrastructure civil work contracts in Bogotá D.C, with the following exceptions: Attending emergency situations due to nature events ...
Based on the decision of the Federal Council to extend court holidays in civil and administrative proceedings, the Swiss Institute of Intellectual Property has announced to suspend most of the deadlines with an end date between 21 March 2020 and 19 April 2020 (statutory deadlines and deadlines set by the Institute, including payment deadlines). In particular, deadlines set by the Institute that would end in that period will end on 20 April 2020 ...
On 16 March 2020, the Swiss Federal Council prohibited public and private events. This newsletter deals with possible ways for Swiss companies to hold meetings, especially shareholders’ meetings. Read the entire article below ...
Tourism and event industries are suffering and it is expected that manufacturing enterprises will soon be affected as well. Short-time work can provide a remedy and reduce the economic consequences of the coronavirus for employers and employees ...
Due to the increasing spread of the coronavirus, numerous companies in Switzerland have already ordered home office work for their employees. This article addresses, inter alia, the question of whether employers can unilaterally order home office work in the current situation and what consequences this might have. Read the entire article below ...
In the evening edition of the Federation’s Official Gazette of March 30, 2020, the General Health Council issued a resolution by which declared the epidemic caused by CoV2 (COVID-19) as a sanitary emergency due to force majeure ...
Even such unusual circumstances as apandemic donot overthrow the general principle that contracts should be performed (pacta sunt servanda). But this does not mean that the current situation has no impact on the substance or performance of contractual obligations. Two main situations should be considered here: As aresult of the circumstances, performance of acontractual obligation has become impossible ...
The Ministry of Labour and Social Protection of the Russian Federation published, on its website, Recommendations (and Additions to them) for employees and employers, in connection with the decree of the President of the Russian Federation of 25.03.2020 No. 206 “On declaring non-working days in the Russian Federation” ...
In Poland, the National Appeal Chamber upholds the effectiveness of the rules guaranteeing transparent and non-discriminatory access to public procurement contracts within the EU. Member states are required to ensure contractors the consideration of review procedures concerning the award of public contracts, as is clear from the Remedies Directive. The task of the National Appeal Chamber (KIO) is to effectively and quickly eliminate infringements in public procurement cases ...
Public procurement is one of the biggest driving forces of the economy. Contract performance during the epidemic may be impeded, but ongoing public procurement proceedings should not be stopped just because people are currently working mainly at home ...
M&A deals are one of the tools for pursuing business. For some they are amethod for expanding their scale of operations or generating synergies, and for others allow them to exit investments or raise capital. Thus the turbulence now felt by businesses is impacting their activity in the M&A market. While refraining from evaluating the economic impacts of the current situation, we focus on analysing selected legal aspects ...
On March 27, 2020, Congress passed the Coronavirus Aid, Relief and Economic Security Act (the “CARES Act”). This historic $2 trillion relief package received bipartisan support and is part of the third wave of federal government support as the nation copes with the acute economic fallout from the coronavirus (COVID-19) pandemic. The CARES Act, among other things, aims to provide significant aid to businesses and employees ...
Employee Benefits Newsletter March 31, 2020 Authored by: Alexis Blair, Cathy Currie, Kirsten Garcia, Jesse Gelsomini, Brian Giovannini, Tyler Hubert, Chris Kang, Charles Plenge, Scott Thompson, Tiffany Walker, and Susan Wetzel EMPLOYEE BENEFIT/EXECUTIVE COMPENSATION CHANGES MADE BY THE CARES ACT On March 27, 2020, Congress passed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) ...
Unique challenges confront those businesses impacted by COVID-19 that are also in the process of implementing operational changes to comply with the California Consumer Privacy Act (CCPA). The California Attorney General begins enforcement on July 1, 2020, and recently declined to extend that date due to COVID-19. We take a look at those challenges here and propose some best practices to avoid legal liability under the CCPA ...
President Donald Trump signed the Families First Coronavirus Response Act (“FFCRA”), which will become effective on April 1, 2020 and expire on December 31, 2020. It includes guidance on which employees of private companies qualify for paid sick leave and Emergency FMLA Expansion to care for themselves and/or loved ones during the COVID-19 Pandemic. To discern if your employees qualify, please consult the flow chart below ...
On March 25, 2020, Governor Jim Justice signed into law House Bill 4497, which shall be known as The Alex Miller Law. The Alex Miller Law will take effect June 5, 2020, but the mandated requirements do not take effect until the 2021-2022 school year. Alex Miller, was a Roane County football player who collapsed and died during a high school football game. The Alex Miller Law (W. Va. Code 18-5-25c) requires defibrillators (AED devices) at certain events by the 2021-2022 school year ...
As U.S. hospitals and health clinics continue preparing for novel coronavirus (COVID-19) patient surges, federal regulatory agencies are developing resources to help health care providers comply with myriad regulatory requirements. In this context, the U.S ...