Tips on how to mitigate losses: Mall Leases: Mall leases have ceased to be in the nature of a tenancy agreement. The clauses are no longer limited to availability of the premises, rent, lock-in period, repairs, and exit. Mall owners have come to impose sale targets on the retailers operating from their malls. Rent consists of both a percentage of the revenue earned by the retailer as well as a fixed monthly payment ...
In accordance with the CDC’s guidance on social distancing, more and more companies are increasing the number of employees working from home. As the number of employees working from home increases, so do the related cyber risks. Sophisticated hackers have developed a game plan for exploiting weaknesses unique to the remote workforce employment model ...
March and April are the months during which companies generally hold their annual general meeting of shareholders (GMS) having on the agenda the approval of the financial statements, of the budget and of the business plan. The annual GMS is particularly important as it gives the opportunity for shareholders to meet and discuss directly with the management and the other shareholders on the past and future activity of the company ...
1. Introduction On 18 March 2020, the Decree #CuraItalia1 introduced “measures to strengthen the national health ser- vice and economic assistance to families, employees and companies related to the epidemiological emer- gency of COVID-19” (the “Decree #CuraItalia”) ...
The main doubts of company directors about the consequences ofthe current Covid-19 pandemic in relation to insolvency, the PER, and the RERE. As a result of the spread of the Covid-19 virus, the World Health Organization declared a public health emergency of international concern (PHEIC) on 30 January 2020 and a pandemic on 11 March 2020 ...
The ongoing global COVID-19 pandemic is upending regular commercial activity across the United States and around the world, and that disruption is expected to escalate. Among the issues confronting our clients, the effect of public health orders and other measures to address COVID-19 is threatening, impacting, and in some cases, outright prohibiting the performance of material contractual obligations ...
On 19 March 2020, the Minister of Trade and Industry (the “Minister”) published two Regulations under section 78(1) of the Competition Act, 1998 (as amended) (the “Competition Act”), pursuant to the National State of Disaster declared on 15 March 2020 (the “National State of Disaster”).Both of the Regulations are effective immediately. The first creates a block exemption for the Healthcare Sector ...
At their core, the Regulations in terms of the Disaster Management Act, 2002 issued and brought into operation yesterday, 18 March 2020, outline the responsibilities of all government departments, the release and allocation of resources, and the conditions under which liquor industry may function. In the wake of the coronavirus (COVID-19) epidemic being declared a national state of disaster, the Regulations are intended to contain the spread of the virus ...
In consideration of the COVID-19 outbreak in Mauritius we want to take this opportunity to inform you of our business continuity and safeguarding procedures.ENSafrica’s top priority is to preserve the health and well-being of its people, its clients, all its business partners and their familiesas well as the ongoing success of business operations ...
Background As you no doubt know, the coronavirus (COVID-19) has been declared to be a pandemic by the World Health Organisation (“WHO”).In this time of global crisis, what is most key-critical to us, is that we continue to look after the wellness of our people while we service your business’s requirements and structure ourselves in a way that we are able deliver to you at the level you have come to expect of ENSafrica ...
The coronavirus (COVID-19) pandemic is changing the way we live, interact and conduct business. The Broad-based Black Economic Empowerment (“B-BBEE”) world in South Africa is no different. All companies undergoing a B-BBEE verification are required to permit their B-BBEE verification agencies to conduct on-site inspections and personal interviews as part of the verification process ...
Background Other than hand sanitizer manufacturers, private hospitals and the like which stand to profit from the coronavirus (COVID-19) disaster unfolding, the vast majority of South African companies fall into two groups: those that are hemorrhaging but will ultimately survive, and those who will not ...
With the outbreak of the coronavirus (COVID-19), many businesses have taken the decision to request that employees work from home. To work from home, employees will either be using their own personal devices or company-issued equipment to either access the company network remotely or to transmit data and information through their own personal network. There are a few inherent information security risks that are posed by these arrangements ...
On 15 March 2020, President Kenyatta gave a speech on how the Kenyan Government intends to manage the impact of the coronavirus (COVID-19) outbreak. We outline these measures below and also provide some pointers: Travel For 30 days following the announcement, or as varied by the National Emergency Response Committee, travel is suspended for all persons coming into Kenya from any country with reported COVID-19 cases ...
In stark contrast to earlier media reports as to what would constitute “essential services”, the Regulations published in terms of the impending coronavirus (COVID-19) lockdown are far from clear and explicit when it comes to ICT, including datacentres, fibre optic infrastructure, towers and antennae ...
On March 16, seven Bay Area counties issued "shelter-in-place" restrictions, which create compliance issues for cannabis operations licensed as dispensaries or as delivery services ...
A. SHORT-TIME WORK 1. WHAT IS THE LEGAL POSITION? According to the "Act on the temporary crisis-related improvement of the regulations for short-time work compensation" ("Gesetz zur vorüberristeten krisenbedingten Verbesserung der Regelungen für das Kurzarbeitgeld") (see preliminary version of BT publication 19/17893), a company can order short-time work due to the worldwide cases of illness caused by the coronavirus and thus reduce working hours ...
The Dubai Multi Commodities Centre (DMCC) Authority has recently issued new company regulations (the Company Regulations 2020). The Company Regulations 2020 came into effect on 2 January 2020 and they repeal and replace the previous DMCC Company Regulations 2003 (DMCC Regulation No. 1 of 2003, as amended by DMCC Regulation No. 1 of 2007, DMCC Regulation No. 1 of 2009 and DMCC Regulation No. 1 of 2013) (the Previous Company Regulations) ...
Our colleagues have discussed the application and interpretation of force majeure clauses in contracts related to COVID-19 disruptions. These clauses are included in a contract by the parties and spell out the circumstances under which performance will be excused during one of the specified circumstances, such as natural disaster, disease, epidemic, or pandemic ...
Are delivery obligations between businesses still to be fulfilled? In principle, commercial contracts and the rights and obligations contained therein remain legally binding, despite the official measures taken to prevent the spreading of COVID-19. However, in connection with travel contracts, the Austrian Supreme Court qualified the outbreak of the infectious disease SARS as a force majeure event that made it unreasonable to perform the contract ...
On 30 January 2020, the World Health Organisation (WHO) declared the outbreak of the new coronavirus, (subsequently renamed as COVID-19), “a public health emergency of international concern”. Various unprecedented and draconian measures were imposed by the PRC Government and other governments around the world, namely, a city lockdown, travel restrictions and bans, extension of the Lunar New Year holidays, mandatory quarantine orders, border closures, etc ...
As the COVID-19 pandemic continues to spread across the globe, disrupting lives, communities and businesses, and putting countries under considerable strain, Nestor Nestor Diculescu Kingston Petersen (NNDKP) has set up the COVID-19 –Legal & Tax Resource Center. Thereyou can access valuable knowledge and legal insights with respect to the implications of the coronavirus in various fields in Romania ...
At Patterson Belknap we continue to diligently monitor the outbreak of the COVID-19 coronavirus and assess the potential legal and business issues that may arise relating to the virus. The situation is fluid, and best practices and guidelines are evolving in real time. We are closely monitoring the situation as it unfolds, and share our latest perspectives on the legal issues relating to COVID-19 below ...
Over the last few days, Judge Lawrence K. Marks, the Chief Administrative Judge of the New York State Unified Court System, issued two memoranda bearing on COVID-19’s effect on the Commercial Division. First, by memorandum dated March 13, 2020, Judge Marks announced that he and Chief Judge Janet DiFiore have implemented a number of measures to prevent the spread of COVID-19 and protect the well-being of court personnel ...
Discussing the legal concept ‘Force Majeure’ in credit agreements – if it can be called upon, it has in principle a temporary nature and does not relief you from payment obligations. In general, force majeure is an unforeseeable and unavoidable event that occurs after a credit agreement has been concluded (i.e ...
