During the first months of this year, the infectious respiratory disease known as COVID-19, caused by one of the viruses that conform the coronavirus family, has been disseminated in different parts of the world. On March 11, 2020, the World Health Organization declared the outbreak of COVID-19 as a pandemic and issued a series of provisional recommendations ...
As the coronavirus disease (COVID-19) continues to spread rapidly throughout the United States—and the world—commercial relationships are being thrown into disarray, resulting in the disruption of supply chains, cancellations of events, and closures of restaurants and other businesses. Several states have declared a state of emergency (including banning large group gatherings and mandating that certain business shutter for the time being) ...
We are all facing an unprecedented event in our lives with the rapid spread of the COVID-19 virus. Although we are COVID-19 free, we are implementing precautionary and contingency measures to protect the safety and welfare of everyone at the Firm, and those who are connected to the Firm. Effective 16 March 2020, we have been implementing a work-from-home system ...
I. RISK TO COMPANIES FROM THE IMPACTS OF THE CORONA PANDEMIC The corona pandemic leads to a decline in sales revenues worldwide. Demand is plummeting. At the same time, supply chains in the globally networked economy are no longer reliable. Obligations to pay compensation for the inability to supply are impending, particularly in cases of no-fault supply guarantees. The liquidity and therefore the continued existence of many companies are at risk ...
Limited liability companies and stock companies must file for the opening of insolvency proceedings if they are unable to pay their open debts (illiquidity) or over-indebted without a positive prognosis. If such ground to file for insolvency has occurred, managers are obliged to file for insolvency as soon as possible, but at the latest within 60 days. Otherwise they are personally liable - without limitation - for damages caused by a delayed filing for insolvency (i.e ...
Can a company collect data about a (potential) infection with COVID-19? Both, in case of information on a suspected case and in a confirmed case, special categories of personal data are processed. Whether a company may process such health data of employees, customers, suppliers or other third parties is exclusively governed by Art 9 GDPR ...
When should we hold our annual shareholders' meeting this year? The shareholders' meeting of a stock corporation must be held each year within eight months as of the end of the financial year. Therefore, if the financial year corresponds to the calendar year, there is time until the end of August. If possible, we would therefore recommend holding the annual shareholders' meeting a bit later this year in order to be better prepared ...
The coronavirus is making a significant impact to our daily lives in every respect. This includes a growing impact on the global economy and the day-to-day business activities of pharmaceutical and medical device companies. This legal alert summarizes the evolving situation and its implications on the operations of life sciences companies. HHS Declaration of Liability Immunity Issued The U.S ...
The Ohio State Dental Board (“Dental Board”) issued a COVID-19 advisory Monday, March 16, 2020, at the direction and request of Governor Mike DeWine ...
BOTSWANA: New tax management system introduced With effect from 1 April 2020, the Botswana Unified Revenue Service is introducing a new tax management system called Lekgetho Live. Under the new system, companies’ Companies and Intellectual Property Authority (“CIPA”) numbers will be used as their tax identification number (“TIN”), whereas citizens’ TINs will consist of the letter I and their Omang number ...
In a press release today, 17 March 2020, the Department of Employment and Labour (the “Department”) appealed to employers to use the prescriptions of the Occupational Health and Safety Act, 1993 in governing workplaces in relation to the Coronavirus (COVID-19). The Department has implored employers to prepare themselves and their employees as far in advance as possible for potentially worsening outbreak conditions ...
The economic climate in which many South African firms operate has meant that dismissals for operational requirements have become an inescapable concern. However are employees always entitled to severance pay? Section 41(1) of the Basic Conditions of Employment Act, 1997 provides that a retrenched employee is entitled to severance pay at least equal to one week’s remuneration for every year of completed service with the employer ...
Following the South African President’s speech on 15 March 2020 that a national state of disaster has been declared in terms of the coronavirus (COVID-19), a number of measures were implemented to counteract the impact of the virus by the South African Government. We cover below the legal implications of some of these measures, particularly the repayment of bookings and data protection ...
This article is an updated version of the article published on 16 March 2020. On 15 March 2020, South African President Ramaphosa announced the declaration of a national state of disaster, as a result of the recent events surrounding the rise in coronavirus (COVID-19) infections in South Africa. The declaration of a national disaster was made in terms of the Disaster Management Act, 2002 (the "DMA") ...
Since the outbreak of the coronavirus (COVID-19), the Bank of Mauritius has been closely monitoring its economic impact on the banking sector and the Mauritian economy.On 10 March 2020, the Monetary Policy Committee of the Bank of Mauritius reduced the key repo rate by 50 basis points to 2.85% per annum and on 13 March 2020, the Bank of Mauritius introduced a Support Programme to further assist Mauritian Businesses across all economic sectors ...
In light of South African President Cyril Ramaphosa’s speech on the country’s response to the coronavirus (COVID-19) last night, there are a number of new questions that we anticipate will be plaguing employers. Given all the restrictions on travel and gatherings, should employers close their doors and send employees home? No. An employer has the obligation to provide, as far as is reasonably practicable, a safe and healthy working environment ...
As each day that passes while COVID-19 spreads throughout the country, more businesses are closing their doors to protect their employees, customers, vendors, and other people with whom they come into contact. And many of them are wondering whether there is coverage for their business losses during this time. Business interruption or business income coverage is sometimes included in commercial property coverage ...
On March 11, 2020, the City of San Francisco announced measures to support small businesses in light of the COVID-19 outbreak. The City’s support efforts include the deferral of business taxes and licensing fees, as well as the launch of an economic relief fund ...
At Spilman, we are often asked to review the "colder" legal aspects of human events of all types. The COVID-19 pandemic will be no different. To get a jump start on some of the questions we have faced or will face, we offer some thoughts on the contractual implications of COVID-19. Over the past week, Americans have witnessed countless unprecedented responses to the COVID-19 pandemic. The NBA postponed its season. The NHL soon followed ...
On March 15, 2020, the U.S. Patent and Trademark Office announced its offices will be closed to the public until further notice, "out of an abundance of caution for the health and safety of the public and USPTO employees." The closure began Monday, March 16, 2020 until further notice. Offices remain open for employees, contractors, and those with access badges. Unless otherwise notified, USPTO operations will continue without interruption ...
Due to the corona outbreak and the disease covid-19, various legal issues have arisen. The spread of the coronavirus has, inter alia, lead to several companies deciding to take measures before upcoming shareholders’ meetings, which for many public companies involve the gathering of a large number of shareholders ...
Delphi has established local task forces at all our offices responsible for gathering knowledge, analyzing and continuously cover legal issues arising as a result of the corona virus and Covid-19. We advise on a number of different issues and also offer backup resources to facilitate businesses continuity planning if key persons who are lawyers are directly affected by the virus ...
Dear Clients, Friends and Partners, Since day one, our firm has been responding to the challenges of the Coronavirus emergency with proactive and socially responsible strategies. In these difficult times, our first thoughts are with all those impacted by the COVID-19 outbreak as well as with the health professionals working to help them ...
