In Pakdel v. City and County of San Francisco, filed on March 17, 2020, a three-judge panel of the Ninth Circuit Court of Appeal voted 2-1 to affirm the dismissal of a property owner’s takings challenge against San Francisco’s “Expedited Conversion Program ...
We are facing the growing and exponential spread of COVID-19 and a state of emergency was recently declared in Portugal. As a result, it is important to assess what impact this situation may have on the ability of businesses to meet the obligations they have assumed under the contracts they have made. The current situation is generating tensions in contractual relationships between companies ...
Impact of Supreme Court's order of March 23, 2020 A three-judge bench of the Hon’ble Supreme Court (“the Court”) in the matter of Suo Moto Writ Petition (Civil) No. 3 / 2020 titled as,In Re: Cognizance for Extension of Limitationinitiated suo - moto proceedings on 23.03 ...
Litigation and Dispute Resolution Group, Kochhar & Co. Delhi Health and safety are everyone’s priority today as COVID-19’s unprecedented impact continues to grow each day. Needless to say, the outbreak of Covid-19 has left its impact on litigation and arbitration in various ways, ranging from an increased use of remote hearings to general court closures, depending on the countries and institutions concerned ...
What is known to exist but is not visible is surrounded by mystery. It excites the imagination and people spin yarns about it. Though that is not true when it comes to novel coronavirus (“COVID-19”), the outbreak of which has been globally reported. COVID-19 has caused worldwide unprecedented disruptions to business operations; and the commercial turmoil continues ...
1. The Chilean Supreme Court is vested with the powers to order the suspension of hearings whenever they cannot be carried out because no basic guarantees can be offered for due process. This is due to the restrictions imposed by the Government in the context of the constitutional exception state, such as the limitations to freedom of movement or to the entry into or exit from certain territories, or due to the consequences of the sanitary emergency ...
On 15 March 2020, the South African President declared a national state of disaster in terms of the Disaster Management Act, 2002. A number of measures have since been implemented by the government to counteract the impact of the coronavirus (COVID-19), and several regulations, directives and guidelines have consequently been published ...
The legislator acts - Special regulations on, among other things, deferral of claims, insolvency law, tenancy law and loan agreements in Germany to come. At the end of March, the German legislator adopted special regulations in response to the COVID 19 pandemic in fast-track proceedings. The law was passed by the German parliament (Bundestag) on Wednesday, March 25, 2020, and, in a special session, also by the German Federal Council (Bundesrat) on Friday, 27 March, 2020 ...
Note on how the national courts will reason upon the requests for additional evidences in appeal when the Suspension of civil procedures due to COVID-19 crisis will cease and the activity in courts will be resumed. Good news from the High Court of Romania! Even though most of the civil cases are suspendedex officiothroughout the state of emergency instated by the Decree no. 195/16.03 ...
Analysis: United States ex rel. Druding v. Care Alternatives, Inc. (3rd Circuit) • Winter ex rel. United States v. Gardens Reg’l Hosp. & Med. Ctr., Inc. (9th Circuit) In recent decisions this month, the Third and Ninth Circuits reversed defense victories predicated on the “objective falsity” standard under the False Claims Act (FCA). See United States ex rel. Druding v. Care Alternatives, Inc., No. 18-3298, 2020 U.S. App. LEXIS 6795 (3d Cir. Mar ...
Dinsmore Intellectual Property Partner Adrian Cyhan and Christopher Smith of Brooks Kushman wrote the following article, "Dawn of a New Era: Licensing Standards in the Coming Age of 5G" for The Licensing Journal. 5G: What’s the Big Deal? The advent of 5G cellular wireless technology represents a major advance in speed and bandwidth of wireless communications ...
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 ...
The international public health emergency caused by the Coronavirus (COVID-19) was declared a pandemic by the World Health Organization and the Portuguese authorities recently announced of a state of emergency across the country. Against this background, the authorities have been approving various packages of exceptional and temporary measures to respond to the spread of the virus ...
The main measures included in the Government’s 491 Decree are: The service of process regarding Administrative acts will be online Terms and deadlines of Administrative proceedings are suspended. Suspension may be partial or total and related to some or to all the proceedings. Terms and deadlines will continue the day after the emergency ends. Suspension of the Statute of limitations related to administrative proceedings until the day when proceedings restart ...
One of the more serious consequences of the pandemic will be awave of business litigation. However, strong arguments and credible evidence are not enough to win adispute. It also takes resources to pursue alawsuit, and soon that may be particularly difficult to come by. The whole economy under pressure is preparing for the consequences of the pandemic and drastic steps taken by states to combat it ...
Force Majeure clauses are used in many contracts in the most diverse business areas. These contractual provisions are rarely invoked in practice in Latvia, as the parties usually do not face any circumstances that could qualify as Force Majeure ...
Thousands of disputes are dealt with by way of international arbitration every year and it is inevitable that when most countries started introducing social distancing measures, a number of arbitrations were either part heard or just about to start and will have been derailed, at least to some extent ...
When Congress passed the Families First Coronavirus Response Act ("CRA"), it left much for the U.S. Department of Labor ("DOL") to explain. The DOL has started offering vital interpretations employers need to consider in making decisions over the next few weeks. 1. When does the CRA become effective? April 1, 2020. 2 ...
Through External Circular No. 001 of March 23, 2020, the Superintendence of Industry and Commerce (SIC) made clear that mobile phone operators and private entities in general have legal grounds to provide to the National Planning Department (DNP), as well as to public entities that so require it, personal data that is necessary to address, prevent, treat and/or control the spread of COVID-19 and mitigate its effects ...
Amid the spread of COVID-19, the Romanian President decreed a state of national emergency in Romania, with express measures to be taken in the justice system. Although the Decree does not refer to arbitration, the state of national emergency and the need of social distancing inevitably impact it as well ...
Directions pertaining to the communications sector were issued on 26 March 2020 by the Minister of Communications and Digital Technologies (the "Minister"), to ensure the smooth operations of the electronic communications sector – as essential services – during the disaster period to combat the spread of the coronavirus (COVID-19) in South Africa ...
On March 25, 2020, the Ohio General Assembly unanimously passed legislation providing emergency relief to Ohio municipalities, businesses, schools, and families related to COVID-19. Critical to civil litigants in Ohio, the legislation evolved to include emergency measures that will toll statute-of-limitations on forthcoming lawsuits and discovery deadlines in currently pending lawsuits ...
As if businesses did not have enough to worry about during this COVID-19 pandemic, it’s times like these when cybersecurity risk is at its peak. Distracted employees may be psychologically vulnerable to attack, and shifting quickly and unexpectedly to a remote workforce can create technology and control risks. It’s a perfect storm for cyber risk ...
