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Companies Will Need to Embrace Change in Order to Emerge Less Scathed from the Shadow of COVID-19
Shoosmiths LLP, July 2020

How successfully a business emerges following this pandemic will depend to a great extent on how quickly it identifies and implements long term necessary changes. Nobody is yet clear what the post-Covid-19 world will look like. It is possible that things revert back to the way they were quicker than anyone imagines. That said, it is very difficult to imagine no lasting or consequential changes to the way we work or live...

Synthetic W&I Solutions Post Covid-19
Shoosmiths LLP, June 2020

We are seeing an increase in the use of warranty and indemnity insurance (W&I) on transactions, which is a theme we expect to continue as buyers target companies that are in financial distress in the wake of Covid-19. W&I has become commonplace in the UK M&A market as a way to ‘bridge the gap’ between buyer and seller when allocating risk...

Shared & Halved - IHL Series: Making Decisions About my Family's Health and Money - The Impact of COVID-19
Shoosmiths LLP, June 2020

We understand how family and personal circumstances underpin everything else, and so this webinar discussed issues to do with health, money and moving home. The takeaway points from the webinar are set out below. Documents to have in place Increase in people putting Wills in place since the pandemic and we anticipate this continuing with a potential second spike on the horizon. Your Will is a key document to make sure that your wishes are followed on death...

Flexible Furlough - How it Works in Practice
Shoosmiths LLP, June 2020

Following the Chancellor’s announcement on 29 May 2020 regarding further changes to the Coronavirus Job Retention Scheme, we now have more detailed guidance about how the new flexibility under the scheme will work from 1 July. Coronavirus Job Retention Scheme (CJRS) Flexibility As we know, from 1 July 2020, employers will be able to bring furloughed workers back to work on a part time basis if appropriate while still being able to claim under the CJRS for hours not worked...

Changes to the Process for Approving Year End Accounts
Shoosmiths LLP, June 2020

In light of COVID-19 we review the steps a company’s board of directors may now take to adapt the process for approving year end accounts. Preparing and filing accounts are amongst the operational challenges facing companies as a result of the COVID-19 pandemic. Practical difficulties include physically preparing the accounts and conduct of the audit, as well as the accounts approval process and subsequent sign-off by directors...

How to Carry out an Individual Redundancy Consultation
Shoosmiths LLP, June 2020

With COVID-19 taking its toll on some businesses, employees may find themselves placed at risk of redundancy. This article looks at the practical steps an employer should take when carrying out an individual redundancy consultation. Individual consultation is fundamental to the fairness of any dismissal for redundancy...

Reopening the Retail Sector - Competition Law Recommendations for Suppliers
Shoosmiths LLP, June 2020

  As non-essential retail stores get set to re-open, we share below some key recommendations for suppliers to help minimise competition law risk over the coming weeks and months. Current market conditions are tempting some people to reach out to their counterparts at competitors – but any competitor contact needs to be managed carefully from a competition law perspective...

Do We Need a Green Recovery from COVID-19?
Shoosmiths LLP, June 2020

Incorporating climate reporting into new, post-COVID-19, strategies will not only help achieve net zero targets but early adopters will be at the forefront of gaining valuable expertise, market resilience and better returns. There has been much discussion about the economic model for the global effects of COVID-19 and for our transition out the other side...

Re-Opening Dealer Networks Five Competition Law Watch Outs
Shoosmiths LLP, June 2020

As dealer networks in the automotive sector re-open for business following the COVID-19 lockdown, we share below our main competition law watch outs for suppliers over the coming weeks and months. We know that current market conditions are tempting some people to reach out to their competitors – any competitor contact needs to be managed carefully from a competition law perspective...

Embracing the Change in Psychology of Working from Home
Shoosmiths LLP, June 2020

As the saying goes “when the wind blows, some people build walls, while others build windmills". We know that we’re facing a crisis unlike any other, but what’s been illustrated clearly is that a lot of our old assumptions on how we work can be challenged. We can be working smarter, faster, better. We want to emerge from lockdown with something positive to show for it: a new normal better than the old one. We need a new how...

COVID-19 Business Support Measures
Shoosmiths LLP, June 2020

COVID-19 is having a significant impact on businesses and the economy. Responding to this, the UK Government has unveiled new measures, alongside existing funding initiatives, to help businesses navigate this challenging time. We are regularly updating our COVID-19 business support measures guide as new guidance is published. This guide is designed to summarise these support measures and help you identify which are applicable to your business...

Overseas Investment: Covid-19 - What Kind of State Are You In?
Shoosmiths LLP, May 2020

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...

COVID-19: Privacy Considerations of Contact Tracing Apps
Shoosmiths LLP, May 2020

Governments are turning toward the use of data driven solutions as part of their response to the COVID-19 pandemic, which raises numerous privacy concerns. Contact tracing technology seeks to inform and notify individuals that have been in contact with a person infected with COVID-19, enabling such individuals to self-quarantine, receive testing and, if required, obtain follow-up treatment...

Shoosmiths Launches Coronavirus Client Support Measures
Shoosmiths LLP, March 2020

UK law firm Shoosmiths has been mobilising its legal advisors and support staff to keep its clients up-to-date on the many potential impacts of the coronavirus outbreak. Its free, online COVID-19 hub is already packed with a wealth of information on topics that might have both short and long-term effects on business...

Coronavirus and Company General Meetings
Shoosmiths LLP, March 2020

  The Coronavirus pandemic is presenting companies and their directors with many challenges. Simply planning for “business as usual” requires change to usual practices, involving a balance between compliance obligations and official public health advice. Holding general meetings, particularly as we enter AGM season for listed companies with a 31 December year-end, is one such challenge...

Has Coronavirus Caused Distress to your Business?
Shoosmiths LLP, March 2020

  It seems that business disruption due to coronavirus is pretty inevitable. What should you as a company director be doing if the disruption means your business starts to suffer? What changes for me as a director? As a director, you know that you owe duties to the company...

Coronavirus and the GDPR Keep Calm and Carry On?
Shoosmiths LLP, March 2020

  How do you protect the privacy of people who have been infected by Covid-19, while still usefully informing those who have been put at risk? At a time of public health emergency, shouldn't GDPR take a back seat? As companies struggle to get new processes in place to cope with the potential ramifications of Covid-19, the aim of this note is to highlight how EU data protection law applies to this unusual set of circumstances...

Coronavirus: Applying Force Majeure
Shoosmiths LLP, March 2020

  Force majeure clauses in business-critical contracts are coming into sharp focus at the moment as coronavirus continues to sweep the globe and the extent of the impact on global supply chains is becoming increasingly apparent. Many businesses concerned about potential disruption as a result of the coronavirus outbreak are reviewing their key contractual arrangements to understand potential contractual implications...

The Impact of the Coronavirus on Leases
Shoosmiths LLP, March 2020

  The impact of the coronavirus raises a number of questions for landlords and tenants of commercial property. This article considers the most frequent questions we are asked. Can I claim a reduction in rent if I am unable to use my premises? In most cases you will not be able to claim a reduction in rent...

What Happens Next if Shopping Centre Landlord Goes Under?
Shoosmiths LLP, March 2020

  On top of the multiple challenges hitting retail and leisure landlords and occupiers arising from COVID-19, the news that Intu has had to write down the value of its shopping centre portfolio by nearly £2 billion came as further bad news. Intu owns multiple high-profile retail and leisure locations across the UK (including The Trafford Centre in Manchester and the Lakeside complex in Essex) and on 12 March was widely reported as being at risk of insolvency...

Implementing Forbearance Measures for Those Impacted by the Coronavirus
Shoosmiths LLP, March 2020

  The Financial Services industry has been quick to respond to the struggles facing individuals and businesses during the current coronavirus pandemic, but there are issues they need to consider when implementing their forbearance measures...

Coronavirus: Five Key Workplace Issues
Shoosmiths LLP, March 2020

  The spread of coronavirus is continuing to dominate the news with a fifth of the UK workforce expected to be off sick during the peak of the epidemic. As the number of confirmed cases in the UK increases daily, we look at five key issues for employers...

Coronavirus: Responsible Advertising and Fair Pricing Practices
Shoosmiths LLP, March 2020

There has been an increase in the number of businesses seeking to exploit coronavirus for commercial gain, often in breach of relevant advertising and consumer regulations. What can you do to make sure your advertising practices are above board? Background A surge in the demand for products related to coronavirus, such as facemasks and hand sanitiser gel, has led to a range of issues, particularly in relation to responsible advertising and fair pricing practices...

2020 Predictions: Whats on the Horizon for Construction?
Shoosmiths LLP, January 2020

  With the UK currently due to leave the EU at the end of this month, Brexit may cause the construction industry a continuing period of uncertainty in 2020 but the government’s agenda may also provide increased opportunities. We look ahead at what this year may have in store. Brexit The top priority for the government is delivering the UK’s departure from the EU on 31 January. How Brexit will affect the construction industry remains open to speculation...

To Code or Not to Code? A Question for Large Companies
Shoosmiths LLP, December 2019

As we approach the end of 2019, we look back on the requirement introduced by the Companies (Miscellaneous Reporting) Regulations 2018 (Regulations) for very large private companies to make a statement about their corporate governance arrangements. This statement relates to financial years beginning on or after 1 January 2019 and as we head into 2020, the new year will bring with it the start of the first actual reporting period under the Regulations...

 

 

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