The Supreme Court this past week denied certiorari in United States ex rel. Schneider v. J.P. Morgan Chase Bank, N.A., an appeal from a D.C. Circuit case affirming the district court’s dismissal of a qui tam FCA action. See No. 19-678, 2020 U.S. LEXIS 2079 (Apr. 6, 2020). In so doing, the Court declined to address the emerging circuit split over the extent of the government’s dismissal power in qui tam cases ...
There are some things in life everyone needs. A bathroom, for example. Moving from the construction and energy industries to a once family-owned now multibillion-dollar business, Andy Iverson says he was a perfect match to serve as general counsel for American Bath Group, a fast-paced manufacturing company looking to change the bathware industry. “I get to play problem solver,” Iverson says ...
West Virginia now has one set of social distancing rules for businesses thanks to an emergency rule promulgated by the West Virginia Department of Health and Human Resources ("DHHR"). Prior to the DHHR’s rule, local boards of health were issuing county-by-county orders that created a patchwork of similar, but different, requirements throughout the Mountain State ...
On 14 April 2020 the Romanian Ministry of Justice published a new draft emergency government ordinance on certain measures regarding the holding of general meetings of shareholders and meetings of the management bodies (the “EGO”). Such EGO is intended to ease the holding of such meetings in the context of the restrictions applicable during the state of emergency ...
The COVID-19 crisis has triggered an unprecedented response of federal and state relief programs to provide health care resources and economic relief. Once the country moves past the immediate crisis, the government will take a hard look at emergency payments. Along with $2 trillion in relief, the CARES Act established a new law enforcement authority within the Treasury Department: the Special Inspector General for Pandemic Recovery (the SIGPR) ...
THE CURRENT STARTING SITUATION The spread of the corona virus is a considerable burden on the economy. Many companies in Germany are forced to reduce their business operations or even to close down completely or partially. In other sectors of the economy, such as food retailing or companies providing services of general interest, the increased demand for products or the increased demand can hardly be met ...
In the sensational decision of 14 May 2019 (Case C-55/18), the ECJ ruled that the Member States must oblige employers to introduce an "objective, reliable and accessible system enabling the duration of time worked each day by each worker to be measured”. The decision was largely understood primarily as an appeal to the legislators of the Member States to implement the EU legal requirements ...
On April 14 and April 15, 2020, the Small Business Administration ("SBA") provided additional guidance on the Paycheck Protection Program (“PPP”) through the issuance of a new Interim Final Rule (the “New Rule”). This rule supplements the first PPP interim final rule published on April 2, 2020, as well as issuing updates to the Frequently Asked Questions document (“FAQs”) originally published on April 2, 2020 ...
On 17 October 2019, the Indonesian Commission for the Supervision of Business Competition (“KPPU”) issued KPPU Regulation No. 4 of 2019 on The Procedure for Supervising and the Management of Partnership Cases (“KPPU Reg. 4/2019”) which revoked several previous KPPU regulations, i.e. KPPU Regulation No. 1 of 2017 on The Procedure for the Management of Partnership Cases (as amended) (“KPPU Reg. 1/2017”), and KPPU Regulation No ...
The UAE authorities have taken a number of measures to reduce the costs that businesses are facing during the current crisis. We now report on some of the measures that have been introduced, current as of 12:00 noon on Thursday, 16 April 2020. Abu Dhabi Department of Economic Development (ADDED) Administrative Resolution No. 92 of 2020 On 14 April 2020, the ADDED issued Administrative Resolution No ...
Fraud is lurking underside of the pandemic, requiring vigilance and preventive measures. The coronavirus pandemic threatens businesses not only with loss of profit, but also with potential losses due to criminal activity ...
The COVID-19 pandemic has caused mayhem in the world of sport. An earthquake hit when top leagues suspended competitions or cut them short. Then the tensions only kept rising as one major tournament after another was cancelled. The climax was reached when the Tokyo Olympic Games had to be postponed. As aresult, the industry has incurred multi-billion-dollar losses. And it is uncertain when the situation can be expected to improve ...
In the wake of the rapid developments to the Coronavirus (COVID-19) Temporary Relief Scheme (“C19 TERS”) in the past few weeks, it is critical that employers remain informed and up-to-date on the latest processes in place. The C19 TERS was established to compensate employees who have lost income due to the COVID-19 pandemic, through the Unemployment Insurance Fund (“UIF”) ...
A recent government notice amended the regulations published in terms of the Disaster Management Act, 2002 to provide for the mandatory establishment of the COVID‑19 Tracing Database by the National Department of Health. This database will trace people who are known or reasonably suspected to have come into contact with any person known or reasonably suspected to have contracted COVID-19 ...
The Minister of Mineral Resources and Energy recentlypublishedCoronavirus (COVID-19) related regulations pertaining to some of the prescribed timeframes in the Mineral and Petroleum Resources Development Act, 2002 (“MPRDA”). The relevant timeframes have been extended by the operation of law by thenumber of days of the ultimate duration of the COVID-19 lockdown period ...
Governor Ivey in her State of the State address on February 4 argued forcefully that Alabama must do more to attract physicians (and nurse-practitioners) to practice in the rural, under-served areas of the state. Unfortunately, one of the only current tax incentives to do so—a $5,000 income tax credit that can be claimed over a 5 consecutive year period--has been the source of many audits and administrative and Alabama Tax Tribunal appeals ...
As soon as we began to shelter-in-place during the COVID-19 crisis, most of us also started to hold virtual meetings, both professional and personal, as a better, more satisfying way to connect. For this, we turned en masse to a handful of video conferencing platforms. However, while we can all agree that these services help us do our jobs and stay in touch with loved ones, these services raise many novel privacy and security concerns ...
On 15 April 2020, the National Government issued Decree 560 of 2020, which adopts special transitional measures in insolvency processes, within the framework of the State of Emergency. The Decree modifies aspects of the current regime, adds mechanisms to protect the company and employment and, where appropriate, facilitate the reallocation of the debtor's resources to other uses through the liquidation process. 1 ...
COVID-19's impact on contract performance looms large over business and industries across the globe. This presentation will address whether and how COVID-19 operates contractually as a force majeure event in the US and key foreign markets including Canada, Mexico, Asia, Europe and Australia ...
This is a summary in which we have briefly described the main regulations issued so far in Argentina during the COVID-19 health emergency that affect or are related to fintech and digital banking activities ...
On April 13, 2020, Federal OSHA implemented its nterim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19)(“Enforcement Plan”), which provides instructions and guidance to Area Offices and OSHA investigators for handling COVID-19-related complaints, referrals, and severe illness reports ...
