Amidst price wars, a global pandemic, and the diminished demand for oil, E&P borrowers and secured lenders face inevitable credit agreement defaults ahead (if not already). Although real property foreclosure of oil and gas assets is often seen as a secured lender’s primary remedy, negative oil prices, operational challenges and the potential for liability may leave some banks contemplating whether a real property foreclosure is the best course of action ...
President Trump signed H.R.266, the Paycheck Protection Program and Health Care Enhancement Act (the “PPP/HCE Act”) this afternoon following passage of the bill by both houses of Congress. The PPP/HCE Act provides additional funding for small business loan and grant programs administered by the Small Business Administration (“SBA”) in response to the COVID-19 pandemic ...
Today, the federal government enacted the Paycheck Protection Program and Health Care Enhancement Act (the “PPP/HCE Act”) to provide additional funding for loan and grant programs in response to the COVID-19 pandemic. The PPP/HCE Act modifies and increases funding for the Paycheck Protection Program and the Small Business Administration Economic Injury Disaster Loan program, as discussed in greater detail here ...
Yesterday, in Romag Fasteners, Inc. v. Fossil, Inc., the U.S. Supreme Court unanimously held that a plaintiff in a trademark infringement suit is not required to show that the infringing defendant acted “willfully” to avail itself of the Lanham Act’s disgorgement remedy ...
With nearly five years of enforcement experience since the coming into effect of the Competition Ordinance (Ordinance), on 16 April 2020, the Hong Kong Competition Commission (Commission) published a revised Leniency Policy for Undertakings Engaged in Cartel Conduct (Leniency Policy for Undertakings) and introduced a new Leniency Policy for Individuals Involved in Cartel Conduct (Leniency Policy for Individuals) (collectively, Leniency Policies) ...
Many companies are affected by the economic crisis resulting from the spread of Covid-19. We have previously reported that, under the EU state aid rules, there are certain opportunities for the state and other public entitiesto provide support to these companies or sectors. On 19 March 2020, the Commission adopted a temporary framework for state aid, which was amended and extended on 3 April 2020, with a view to limiting the economic and social impacts of Covid-19 ...
In a previous article we emphasised the importance of ensuring compliance with the competition rules even during an economic crisis – there are inter alia strict rules on cooperation between competitors. The outbreak of Covid-19 has led to a shortage of certain healthcare products ...
Another week brings another round of COVID-19-related lawsuits. We are identifying some early trends and provide a synopsis of the more relevant lawsuits below. Will nursing homes be overwhelmed by wrongful death lawsuits? The daughter of a woman suspected to have died from COVID-19 has filed a wrongful death suit against the company who owns the Life Care Center of Kirkland where her mother was a resident ...
The COVID-19 pandemic has resulted in many employees working from home, and brought about a need for a more collaborate meeting culture in place of physical meeting and travelling. Online meetings using video conferencing systems empower businesses to stay connected with their clients, and interact and collaborate with their employees working remotely via the Internet ...
Earlier this week, the US Department of Labor (DOL) added to their long list of Frequently Asked Questions (FAQs) to the Families First Coronavirus Response Act or FFCRA. These latest additions raises the total of FAQs from an already robust 79 to a staggering 88. Combined with the DOL’s first FFCRA enforcement action in Arizona, this is the latest warning for employers to get fully prepared ...
The stock market has had record declines and many businesses are shuttered, at least temporarily. Long-term prospects may still be positive but in the near-term the value of many entities has reduced. Are there transactions that privately-held businesses and their owners could implement that would allow them to achieve long-term goals that could benefit the business, the owner, and owner’s family? We believe that there are ...
In order to allow the importation of medicines and other products for human health,during the State of Emergency, the National Directorate of Pharmacy and Drugs (DNFYD) of the Ministry of Health, has issued Resolution 280 of April 6, 2020 published in Official Gazette No ...
The evening of April 22, Governor Wolf presented his detailed plan for reopening Pennsylvania beginning May 8, 2020. The reopening will be done in three phases: red, yellow, and green. The entire Commonwealth is currently under the red phase, which has the purpose of minimizing the spread of COVID-19 through social distancing, implementing safety protocols, and closing schools and businesses that have been deemed non-life sustaining ...
A recent decision by the Supreme Court of Pennsylvania concerning a challenge to Governor Tom Wolf’s executive order relating to COVID-19 could impact disputes nationwide that arise out of the pandemic and involve a determination of whether COVID-19 constitutes a “natural disaster” or other like term within the context of force majeure clauses. In its April 13, 2020, decision inFriends of Devito v ...
After stating he planned on issuing an Executive Order earlier this week, President Trump yesterday issued a proclamation barring intending immigrants from the United States for 60 days beginning at 11:50 p.m. on April 23, 2020. It states it is intended to help U.S. workers facing high levels of unemployment due to the Coronavirus ...
The COVID-19 pandemic with contact restrictions and travel bans also poses challenges for civil proceedings. In the future, the functionality in pandemic times could be the material factor for the choice between state courts and arbitral courts because flexibility and options for responding to the COVID-19 pandemic are varying. State court proceedings Despite the COVID-19 restrictions, court deadlines must still be met ...
We analyze from the standpoint of corporate law/commercial contracts, labor, tax, litigation and administrative law, the main new legislation introduced by Royal Decree-Law 15/2020, of April 21, 2020, adopting additional urgent measures to support the economy and employment (RDL 15/2020), published in the Official State Gazette -BOE- on April 22, 2020 ...
In December 2019, health officials in Wuhan, China informed the World Health Organization ("WHO") of a strain of "pneumonia" affecting members of its population.1 This "pneumonia" was later identified as a severe acute respiratory syndrome coronavirus 2 ("COVID-19"). On March 11, 2020, the WHO declared COVID-19 a pandemic ...
Panama, April 6, 2020. On Tuesday March 24th, 2020, the Executive Decree 251 of the same date was published in Official Gazette 28987-A which adopts tax measures to relief the economic effects of the National State of Emergency ...
On the 10thof April, 2020, the Government of Hungary as part of its long-awaited Economic Protection Action Plan (the “Plan”) introduced by Government Decree 104/2020 the possibility for employers to introduce a 24-month working time frame. According to Government Decree 104/2020, during the state of emergency the Labor Code shall apply with the exception that the employer may order a working time frame for a maximum of twenty-four months ...
The so called “break-even point” is a relevant concept in business economy. Simply speaking, a company is in break-even point when the number of product units sold equals its Total Fixed Cost, divided by the respective Contribution Margin per Unit (i.e ...
ACT Nº 53-2020 of the Chilean Supreme Court, recently enacted, attempts to establish a set of norms that balance the protection of public health (to both members of the Judiciary and the general public) with the continuity of the judicial service, with the purpose of facing and getting through the contingency that endangers it ...
