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 ...
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 ...
In light of President Ramaphosa’s announcement of a phased approach to the end of lockdown, many businesses will still be required to remain closed (or partially closed) after 30 April 2020. With this in mind, many employers will still require assistance from the Coronavirus (COVID-19) Temporary Relief Scheme (“C19TERS”) ...
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 ...
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 ...
The Government postponed the filing due dates for the tax and other measures were taken in order to help the tourism sector. Due to the crisis generated by the COVID-19, the Government established through Decree 557 of 2020, that companies that provide international air passenger transport services, will have until October 30, 2020, to submit and pay the National Tourism Tax, corresponding to the first and second quarter of 2020 ...
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 ...
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 ...
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 ...
Following up on his recent tweet to temporarily halt all immigration to the United States due to the coronavirus pandemic, President Trump announced his upcoming Executive Order would be limited to those people seeking permanent resident status in the United States (“green cards”) and would last for 60 days. This will apparently not apply to those seeking to enter the United States on non-immigrant visas ...
As we previously mentioned in our last blog post, the West Virginia Legislature passed at least three bills this past session that affect consumers or financial transactions. The first of those bills is HB 2464. HB 2464 amends Article 6 of the WVCCPA, specifically section 46A-6-107, prohibiting the disclaimer of warranties and remedies for goods that are the subject of or intended to be the subject of a consumer transaction ...
The 2018 West Virginia Legislative Session ended last week, and the legislature has rejected two bills that would have modified the Consumer Credit and Protection Act (“WVCCPA”), the primary statute in West Virginia that regulates how lenders, creditors, collectors, and others deal with consumers in financial transactions. House Bill 2768 The legislature knocked down House Bill 2768, which would have amended section 46A-5-101 – the penalties provision of the WVCCPA ...
The West Virginia legislature is considering bills to amend the Consumer Credit and Protection Act (“WVCCPA”) and they can affect how lenders, creditors, collectors, and others interact with consumers in financial transactions. The WVCCPA is the primary statute in West Virginia that regulates how lenders, creditors, collectors, and others deal with consumers in financial transactions ...
Key Points: SF Major extends commercial eviction moratorium through May 17, 2020. Moratorium applies only to commercial tenants registered to do business in San Francisco meeting certain requirements. Moratorium applies to all attempts to recover possession due to non-payment. Moratorium covers security deposits ...
During the term of the health emergency declared by the Ministry of Health and Social Protection on the occasion of the COVID-19 Coronavirus pandemic or during the term of any health emergency declared by the Ministry of Health and Social Protection on the occasion of the COVID-19 Coronavirus pandemic, the following are modified: Article 7(1) of Law 105 1993, Article 8 of Law 688 of 2001, Article 98 of Law 1955 of 2019 Article 100 of Law 1955 of 2019, Article 19 of Law 336 of 1996
