On 26 March 2020, the Minister of Justice and Correctional Services issued Directions in terms of Regulation10 of the Regulations under the Disaster Management Act, 2002 (the “Directions”).The Directions will apply during the period of the lockdown, between midnight on Thursday, 26 March 2020 and midnight on Thursday, 16 April 2020 ...
In its recent decision inNational Union of Metal Workers of South Africa v Lufil Packaging (Isithebe) and Others, the Constitutional Court had to decide this question in an appeal brought by the National Union of Metal Workers of South Africa (“NUMSA”) against a decision of the Labour Appeal Court (“LAC”), which held that NUMSA was not entitled to organisational rights within Lufil’s workplace ...
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 ...
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 ...
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 ...
Scammers and cyber crooks did not take long to adapt their usual fraud to this uncertain period caused by the Covid-19, refinishing notably their sadly notorious “CEO Fraud” to the present circumstances ...
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 ...
Unclassified defense technical data that is properly secured with end-to-end encryption is no longer considered an export when it is transmitted outside the U.S., as of March 25, 2020. Access to the unencrypted data by an unauthorized foreign person, however, remains an ITAR-controlled export. This change resulted from an Interim Final Rule coming into effect from the U.S ...
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 ...
Whether your company is at the outset of exploring a potential M&A transaction or in the days leading up to closing the deal, the ongoing COVID-19 pandemic has introduced unprecedented levels of uncertainty into transactions for sellers and acquirors alike. This alert highlights potential considerations for sellers and acquirors in M&A transactions as a result of COVID-19 ...
Updated April 2, 2020 The recently enacted Coronavirus Aid, Relief, and Economic Security (CARES) Act provides payroll tax relief to certain businesses facing the COVID-19 crisis. The Families First Coronavirus Response Act (FFCRA) provides for payroll tax credits for small and mid-size private sector employers (500 or fewer employees) required to provide paid sick and expanded family and medical leave related to qualified payments made between April 1, 2020 and December 31, 2020 ...
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 ...
First and foremost, our collective priority is, and should remain, human health and safety. As local, state, and federal government take action to help limit the spread of COVID-19, we are monitoring the rapid developments of this fast-moving news cycle and COVID-19’s impacts on renewable energy markets. Many open questions remain regarding the impact of COVID-19 in North Carolina – particularly the impact on businesses ...
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 ...
Among many problems facing businesses now is efficient management and decision-making when members of the company’s governing bodies cannot appear in person at headquarters for various reasons. Technology ensures efficient communications, but the possibility for corporate bodies to take resolutions remotely has been debatable in some situations ...
