Key Points As the State begins to open back up, COVID-19 employment related litigation also begins. Several trends have emerged. On an individual and class-wide basis, Plaintiffs cite disability discrimination, emotional distress, retaliation, reimbursement, public nuisance and WARN Act claims, among others ...
On 19 May 2020, an Act On certain measures to mitigate the effects of the coronavirus epidemic known as SARS CoV-2 on cultural events (Act No 247/2020 Coll, the “Act” ), entered into force. Not only for the field of tourism, but also for the field of culture, the possibility of the organizer to issue a voucher for a cultural event instead of refunding the entrance ticket fee was introduced ...
Following the World Health Organization’s announcement of a public health emergency caused by COVID-19 and its declaration ofan international pandemic, the President of the Republic declared a state of emergency on 18 March and this lasted until 2 May. On 30April, theGovernment declared a situation of calamity and this was renewed on 15May and 29 May ...
This ninth edition of Unprecedented, our weekly update on COVID-19-related litigation, continues to be dominated by shutdown challenges and workplace injury and wrongful death claims. But as governments discuss contact tracing as a way to control COVID-19’s spread, a data breach lawsuit against Deloitte illustrates the risks associated with creating the systems and collecting the necessary information ...
Effective at noon today, May 29, 2020, Virginia Governor Northam's Executive Order 63 went into effect, requiring face coverings to be worn in certain circumstances. Specifically, a face covering is required for individuals aged ten and older when "entering, exiting, traveling through, and spending time inside" the following categories of businesses: All retail. Food and beverage, but only when reopened for indoor dining. Personal care/grooming - i.e ...
States’ responses to the global pandemic may, however well-intended, harm the interests of inward investors. Under international public law, those investors have rights and so a spate of investor-State arbitral claims may well be a legacy of the pandemic. Across the world, governments have responded to Covid-19 by introducing emergency measures, which have inhibited social interaction and hampered economic activity ...
In times of the ongoing crisis, associated with the spread of the novel coronavirus infection (COVID-19), and the introduction of epidemiological requirements and restrictions, many businesses have faced difficulties with contractual performance, including the failure in supply, cancellation of scheduled events and often cutbacks in profits and the impossibility to perform monetary obligations ...
Business interruption insurance claims related to the COVID-19 pandemic have raised numerous questions for practitioners, businesses, and insurers ...
In Silbersher v. Valeant Pharmaceuticals International, Inc., the U.S. District Court for the Northern District of California dismissed a False Claims Act (FCA) qui tam lawsuit the court found was based largely on a Patent Trial and Appeal Board (PTAB) decision and thus violated the public disclosure bar. No. 3:18-cv-01496-JD, 2020 U.S. Dist. LEXIS 82548, at *22–27 (N.D. Cal. May 11, 2020) ...
In order to curb illegal importation, facilitate the sale and consumption of quality products in fulfilment of market demand and accurately assess and collect tax by the State, the Ministry of Commerce (“MOC”) issued Notification no. 38/2020 (“Notification-38”) on 25 May 2020 to remove foreign alcoholic spirits from the import restriction list. Although Notification-38 removes foreign alcoholic spirits from the list beer remains restricted ...
In the latest in a series of amendments to Federal Law No. 11 of 1992 (the UAE Civil Procedure Law) the recently issued Cabinet Resolution No. 33 of 2020 (the Resolution) brings about some important changes to how matters will be litigated in the UAE courts. The Resolution amends certain provisions of the regulations to the UAE Civil Procedure Code introduced by Cabinet Resolution No ...
Key Points City council and planning commission recusals can have a significant impact on the outcome of hearings involving land use and environmental issues. Recusals can lead to tie votes or the loss of a quorum, which may make it impossible for local governments to approve development projects. In some circumstances, an elected or appointed official’s failure to recuse can be grounds for reversing local government decisions ...
Key Points City council and planning commission recusals can have a significant impact on the outcome of hearings involving land use and environmental issues. Recusals can lead to tie votes or the loss of a quorum, which may make it impossible for local governments to approve development projects. Failing to disclose conflicts of interests can be grounds for reversing local government approvals ...
As more workers begin to return to the workplace, it is expected that there will be an increase in the number of lawsuits related to employee contraction of the virus in the workplace. While the general rule in most states is that the workers’ compensation system provides the exclusive remedy for work-related injuries and illnesses, claimants and their attorneys are eyeing exceptions to the workers’ compensation system in order to maximize their potential recovery ...
Section 29 of the Bankruptcy Ordinance (Cap. 6) (BO) allows a trustee in bankruptcy to apply to the Courts for orders compelling disclosure of material documents and/or information of the bankrupt in order for the trustee to carry out his/her duties under the bankruptcy. For the authors’ previous article on Section 29, please see here ...
In 鄧錦祥 v 鄭鄧錦容 , CACV 370/2019, the Hong Kong Court of Appeal exercised its discretion to dismiss the Respondent’s late application for security for costs and reminded litigants and their legal representatives of their duty to proceed promptly with making interlocutory applications in an appeal, as delay in making such applications can be a ground for the court to dismiss them, especially where a hearing date for the appeal has already been fixed ...
In Da Shing Group Ltd v Rich Promise Limited [2020] HKCFI 588[1], the Hong Kong Court of First Instance provided guiding principles in the interpretation of a memorandum of understanding (MOU) and considered whether pre-contractual exchanges could be admitted as evidence. The MOU in Chinese related to the acquisition of about 50.46% of the shareholding (Shares) in a listed company, Crocodile Garments Limited (Crocodile) ...
HAS SUPREME COURT TAKEN A STEP BACK IN ITS RECENT JUDGMENT IN “NAFED VS. ALIMENTA S.A.”? The Supreme Court on April 22, 2020 declared a foreign award unenforceable on the ground that one of the provisions of the Agreement in question was hit by Section 32 of the Indian Contract Act, 1872 and thus violative of public policy of India. Brief Background: NAFED and Alimenta S.A ...
As we continue our series on bankruptcy litigation, we want to discuss the use of receiverships as an important aspect of a fully developed creditors' rights practice. Creditors often face recalcitrant corporate debtors who continue to reap the rewards of their business while ignoring all attempts by creditors to collect amounts owed to them. Sometimes, those debtors' intricate corporate structure makes it harder for creditors to trace money and assets and easier for debtors to hide them ...
After the start of Phase 2 (which began on 4 May 2020) the Italian government adopted on 16 May Law Decree no. 33 concerning, inter alia, "Further urgent measures to deal with the COVID-19 outbreak" (the "DL 16 May 2020"). Moreover, on 17 May 2020, in implementation of the aforementioned DL 16 May 2020, the Prime Minister issued a new decree with specific implementing provisions (the "PMD 17 May 2020") ...
Can the shuttered events industry restructure to not just survive but thrive? While many organisations are facing an urgent need to restructure to survive the COVID-19 led financial crisis, those most acutely affected are in the major event, hospitality, tourism, festival and sporting businesses. Social isolation and the severe curtailment of most travel has effectively shut down many of these industries ...
This seventh edition of Unprecedented, our weekly update on COVID-19-related litigation, sees a continuation of the trend we identified last week: shutdown challenges, workers' compensation claims, and wrongful death lawsuits have dominated the past week’s news cycle. We expect these latter two types of cases, which we consider more broadly as COVID-19 exposure cases, to pick up significantly as the country reopens over the next several weeks ...
In the recent case of 'Ixchel Pharma v. Biogen', the Ninth Circuit asked the California Supreme Court to resolve two questions “because of their significance for business torts in California.” The U.S. Court of Appeals for the Ninth Circuit—which includes California—occasionally encounters questions of California law that it cannot resolve ...
Thirteen years after the filing of the initial complaint, the First Circuit recently revived a False Claims Act (FCA) suit, reversing the district court and holding a relator can be an “original source” without participating in or having contemporaneous knowledge about the alleged fraud. See United States ex rel. Banigan v. PharMerica, Inc., 950 F.3d 134 (1st Cir. 2020) ...
