Many banks and other financial services businesses and corporates have started preparing for life after the London Interbank Offered Rate (“LIBOR”). We are now less than two years away from the LIBOR and other Interbank Offered Rates (“IBORs”) being discontinued. Global banks are only required to submit LIBOR until the end of 2021. The proposal is to replace LIBOR and other IBORs with (nearly) risk-free rates (“RFR”) in certain major jurisdictions ...
Is the employer obligated to notify the Principal Inspector of Mines of known cases of COVID-19 in the workforce? In terms of section 11(5B) of the Mine Health and Safety Act, 1996 (the "MHSA"), the employer is required to notify the Principal Inspector of Mines of any occurrence at the mine that results in the illness of any person ...
In response to the rapid spread of the coronavirus (COVID-19), South Africa entered a lockdown period on 27 March 2020 and subject to any further directions from government, this period is due to last until midnight on 16 April 2020. During the lockdown period, employees performing an essential service are allowed to travel to and from work ...
The Emergency Regulations published under the National Disaster Management Act, 2002 to reduce the impact of the coronavirus (COVID-19) were understandably, under the circumstances, published in a hurry with a number of scenarios not being thought of and being left to interpretation. One of those is sectional title living ...
The Financial Sector Conduct Authority (“FSCA”) has been proactive in responding to the threats posed to the retirement funds industry by the infectious disease caused by the coronavirus (“COVID-19”) pandemic affecting South Africa. In recent days, the FSCA has made two noteworthy pronouncements for the retirement funds sector in an effort to mitigate potential exposures that the COVID-19 pandemic is likely to have on the retirement funds industry ...
Section 1106 of the Coronavirus Aid, Relief, and Economic Security Act or the “CARES Act” provides a framework whereby small businesses can obtain loans from the SBA that may be forgiven to the extent of certain business expenses, including rent. Generally, when a loan is forgiven, the debtor is taxed on the amount forgiven under Internal Revenue Code §108 (subject to statutory exceptions) ...
In the wake of COVID-19, cities, counties and states across the nation are issuing shelter-in-place and stay-at-home orders to curb nonessential movement of residents. States and local authorities are invoking powers to evacuate residents through statutes that have historically been used for natural disaster evacuations. While the ability to order and enforce such evacuations is not in dispute, the orders in this context raise many questions ...
President Trump signed the Families First Coronavirus Response Act (“FFCRA” or “the Act”) into law on March 18. The Act requires employers with fewer than 500 employees to provide their employees with paid sick leave and expanded Family and Medical Leave Act rights, subject to exceptions for certain healthcare providers, emergency responders, and businesses with fewer than 50 employees if compliance would jeopardize the business as a going concern ...
The Public Utility Commission of Texas (PUCT or Commission) issued three orders on March 26, 2020, establishing a new COVID-19 Electricity Relief Program for residential customers and modifying certain regulatory requirements applicable to retail electric providers (REPs) and electric utilities, including transmission and distribution utilities (TDUs) ...
On March 27, 2020, Congress passed the Coronavirus Aid, Relief and Economic Security Act (the “CARES Act”). This historic $2 trillion relief package received bipartisan support and is part of the third wave of federal government support as the nation copes with the acute economic fallout from the coronavirus (COVID-19) pandemic. The CARES Act, among other things, aims to provide significant aid to businesses and employees ...
Unique challenges confront those businesses impacted by COVID-19 that are also in the process of implementing operational changes to comply with the California Consumer Privacy Act (CCPA). The California Attorney General begins enforcement on July 1, 2020, and recently declined to extend that date due to COVID-19. We take a look at those challenges here and propose some best practices to avoid legal liability under the CCPA ...
Even such unusual circumstances as apandemic donot overthrow the general principle that contracts should be performed (pacta sunt servanda). But this does not mean that the current situation has no impact on the substance or performance of contractual obligations. Two main situations should be considered here: As aresult of the circumstances, performance of acontractual obligation has become impossible ...
M&A deals are one of the tools for pursuing business. For some they are amethod for expanding their scale of operations or generating synergies, and for others allow them to exit investments or raise capital. Thus the turbulence now felt by businesses is impacting their activity in the M&A market. While refraining from evaluating the economic impacts of the current situation, we focus on analysing selected legal aspects ...
In view of the current and imminent economic challenges, many companies are asking to what extent cooperation and concerted practices with competitors are able to ensure the supply of goods, thus cushioning the threat of an economic downturn. While the antitrust authorities have been keeping quiet on this issue for some time, several official statements have now been issued which we would like to comment on briefly below ...
In recent weeks, the corona-related effects on the economy have led to hectic activities by the EU Commission, the federal government, and the German states to make State support services available at short notice and in a manner that is as unbureaucratic as possible. This article provides an overview of the measures taken at federal and state level and their legal framework ...
On March 25, 2020, Governor Jim Justice signed into law House Bill 4497, which shall be known as The Alex Miller Law. The Alex Miller Law will take effect June 5, 2020, but the mandated requirements do not take effect until the 2021-2022 school year. Alex Miller, was a Roane County football player who collapsed and died during a high school football game. The Alex Miller Law (W. Va. Code 18-5-25c) requires defibrillators (AED devices) at certain events by the 2021-2022 school year ...
As U.S. hospitals and health clinics continue preparing for novel coronavirus (COVID-19) patient surges, federal regulatory agencies are developing resources to help health care providers comply with myriad regulatory requirements. In this context, the U.S ...
In an effort to streamline the provision of COVID-19 patients’ Protected Health Information (PHI) to public health authorities, the United States Department of Health and Human Services Office for Civil Rights (OCR) recently published practical guidance explaining the methods by which Health Insurance Portability and Accountability Act (HIPAA) Covered Entities may disclose COVID-19 patient PHI to law enforcement, first responders, and public health authorities ...
Based on the decision of the Federal Council to extend court holidays in civil and administrative proceedings, the Swiss Institute of Intellectual Property has announced to suspend most of the deadlines with an end date between 21 March 2020 and 19 April 2020 (statutory deadlines and deadlines set by the Institute, including payment deadlines). In particular, deadlines set by the Institute that would end in that period will end on 20 April 2020 ...
On 16 March 2020, the Swiss Federal Council prohibited public and private events. This newsletter deals with possible ways for Swiss companies to hold meetings, especially shareholders’ meetings. Read the entire article below ...
The outbreak of Coronavirus (COVID-19) which has been recently declared as a Pandemic by the World Health Organization, has affected our country and the entire world.In Guatemala, the Government has been taking an active role by implementing progressive measures to prevent the spread of the virus, measures that will have a significant impact on the country's economy ...
On March 26, 2020, the U.S. Environmental Protection Agency (EPA) announced a temporary policy on its enforcement of environmental obligations during the COVID-19 pandemic. Many facilities are experiencing unexpected constraints arising from the pandemic, including limited availability of key staff, contractors, and laboratories ...
The United States Trade Representative (USTR) announced a period for public comment on excluding medical goods from Section 301 China tariffs if they are needed to fight the coronavirus pandemic. The USTR notice was published in the Federal Register on March 25, 2020. The USTR previously granted approximately 200 exclusions from Section 301 tariffs for medical goods because they are needed to fight the COVID-19 pandemic. The U.S ...
