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E-Courts: “ A Possible Solution for Pending Litigation Amid COVID-19? ”
Kochhar & Co. Advocates & Legal Consultants, April 2020

The pandemic of COVID-19 has severely affected functioning of various business activities across the globe and has posed a threat to legal services. The risks to legal services posed by the spread of COVID-19 were highlighted a few weeks back when international law firm Baker McKenzie closed its London office after a staff member was suspected to have been at risk of contracting the novel coronavirus...

COVID-19: Government Guidance for Public Agencies in the Construction Sector
MinterEllisonRuddWatts, April 2020

Two weeks into the Government-imposed countrywide lockdown (the Alert Level 4 Lockdown), we have seen a flurry of activity in the construction sector as Contractors and Principals grapple with the commercial, legal/contractual and practical challenges associated with the lockdown and COVID-19 more generally. The construction sector will play a lead role in kick-starting the New Zealand economy when the Alert Level 4 Lockdown is lifted...

New Compliance Measures for Legal Entities Related to the Criminal Offense of Fraudulent Obtaining of Benefits by COVID-19
Carey, April 2020

On April 6, 2020, Law No. 21,227 came into force, allowing access to unemployment insurance benefits under Law No. 19,728, in exceptional circumstances. This law, in its Article 14, Title III "Final Provisions", provides for a new criminal offense consisting of fraudulently obtaining supplements, benefits and / or profits due to the pandemic caused by Covid-19...

Coronavírus: Resolving Disputes as Quickly and Efficiently
PLMJ, April 2020

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...

Article on Limitation - Impact of Supreme Court's Order of March 23, 2020
Kochhar & Co. Advocates & Legal Consultants, April 2020

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...

Functioning of Courts in India and Abroad during Covid-19 Pandemic
Kochhar & Co. Advocates & Legal Consultants, April 2020

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...

COVID-19 – A Force Majeure Event or Simply a Pandemic?
Kochhar & Co. Advocates & Legal Consultants, April 2020

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...

Law on Court Deadlines
Carey, April 2020

  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 because of 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...

Guidelines for Contractors Responding to COVID-19
Hanson Bridgett LLP, April 2020

You’ve read the qualifying language before: across the country, construction projects are being impacted by the COVID-19 pandemic. We thought it important to prepare guidelines to assist contractors in navigating the situation from a risk management perspective. The situation is dynamic and will change quickly. A one-size-fits-all solution does not exist, and this global challenge continues to evolve. What works today may not address tomorrow’s needs...

Requesting Rent Abatement: A Practical Approach During the COVID-19 Pandemic
Hanson Bridgett LLP, April 2020

Chances are your business has been interrupted by the Coronavirus epidemic, and if you rent space, you are considering how to obtain rent concessions from your landlord. Most likely, your lease will not give you an express right to rent abatement if your use is precluded by a "shelter-in-place" order or other government action...

Massachusetts COVID-19 Essential Services as they Relate to the Construction Industry
Verrill, April 2020

On March 23, 2020, Governor Baker issued “an emergency order requiring all businesses and organizations that do not provide ‘COVID-19 Essential Services’ to close their physical workplaces and facilities to workers, customers and the public as of Tuesday, March 24, 2020. These businesses are encouraged to continue operations remotely.” On March 31, 2020 the Governor extended and modified the order...

Bay Area Counties Further Restrict Construction, Extend Shelter-in-Place Orders Until May 3, 2020
Hanson Bridgett LLP, April 2020

On March 31, 2020, Alameda, Contra Costa, Marin, San Francisco, San Mateo, and Santa Clara counties plus the City of Berkeley issued new Shelter-in-Place orders, further restricting construction and extending Shelter-in-Place restrictions until May 3, 2020. Under the new orders, most construction, including residential and commercial, is now prohibited. Healthcare, low income housing, specially designated public works projects, shelters, and temporary housing projects may continue...

California Property Tax Payments and COVID-19
Hanson Bridgett LLP, April 2020

While relief has been granted for federal and California income tax filing and payment obligations (see prior coverage here and here) the same cannot be said for local property tax obligations. To avoid penalties, the next payment deadline for California property taxes remains April 10, 2020. Property tax payment deadlines are set by California state law and cannot be extended by either the Board of Equalization or local county assessor offices (see BOE statement)...

Coronavirus: Impact on Works Contracts
PLMJ, April 2020

We are facing a Coronavirus (Covid-19) pandemic and, as a result, administrative solutions have been adopted and a state of emergency has been declared. All this has had an impact on the whole of the economy and it has also had serious adverse effects on works contracts in progress...

Coronavirus: Impact on Lease Agreements and Store Use Agreements
PLMJ, April 2020

On 11 March 2020, the World Health Organization declared a public health emergency of international concern (PHEIC) following the spread of SARS-CoV2 (Coronavirus) and disease it causes, Covid-19. Subsequently, on 18 March 2020, a state of emergency was declared in Portugal. Against this background, a legislative package has been approved and published, and this package has established exceptional and temporary measures relating to the spread of COVID-19...

COVID-19 and Real Estate: This Could be the Last Straw that Broke Camel’s Back
Kochhar & Co. Advocates & Legal Consultants, April 2020

Given below is the link to the article on the captionedsubject. The article discusses the impact of COVID-19 on the Real Estate sector as India’s largest employer and the recent measures announced by the Reserve Bank of India (RBI).The article authored by Divya Malcolm, partner, Kochhar & Co. Mumbai has been published online on Governance Now. Please click the link below to read… http://www.governancenow...

Construction Sector Mitigation Measures in the Face of COVID-19
MinterEllisonRuddWatts, April 2020

Some construction companies are just weeks away from collapse – including private principal developers and contractors. As parties battle out what contractual relief looks like for the Alert Level 4 lockdown, it is encouraging to see a focus on mitigation measures. This focus spans across all levels: mitigation as an industry; collaborative mitigation steps by parties for projects; and the requirement on contractors to mitigate their loss...

Alberta Pauses Residential Evictions for Non-Payment and Prohibits Rent Increases and Late Payment Penalties During COVID-19 Pandemic
Lawson Lundell LLP, April 2020

 On March 27, 2020, the Government of Alberta announced new measures to address residential tenancy issues arising during and as a result of the COVID-19 pandemic. Max Carroll and Jeffrey Hernaez of our Vancouver office wrote yesterday about similar measures put in place in British Columbia...

Corona-Info: The Legislator Acts - We Summarize For You!
Heuking Kühn Lüer Wojtek, April 2020

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...

Effects of the COVID-19 Pandemic on Contractual Relations
Heuking Kühn Lüer Wojtek, March 2020

For all parties, the question arises at present as to what effects COVID-19 will have on existing contractual relationships – specifically, who will bear the economic burden of the pandemic. In the following is a brief overview: 1...

While Courts have Suspended Activity, the High Court of Cassation and Justice, Supreme Court of justice, in Romania, Continues its Deliberations and Determinations on Procedural Points of Law
Nestor Nestor Diculescu Kingston Petersen, 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...

Two Circuits Hold the FCA Does Not Require “Objective Falsity,” Creating Confusion on the Appropriate Standard
Dinsmore & Shohl LLP, March 2020

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...

Construction Impacted by Coronavirus? Know Your Lien Rights
Dinsmore & Shohl LLP, March 2020

The current coronavirus crisis has created unprecedented challenges for those in the construction industry. While many states have exempted construction activities from their shelter-in-place or stay-at-home orders, projects have nonetheless been impacted and cash flow from owners or contractors may slow or halt. As a result, contractors, subcontractors, and suppliers must be vigilant to protect their ability to receive payment on projects where cash flow might become problematic...

CARES Act Provides Eviction and Foreclosure Relief
Dinsmore & Shohl LLP, March 2020

The CARES Act was signed into law on March 27, 2020 and provides emergency relief for the American economy by imposing certain restrictions on eviction, forbearance for certain loans, and foreclosure relief for owners of single-family and multi-family assets secured by federally-insured mortgages. The following is a summary of the relevant provisions. A...

Newsom Temporarily Bans Evictions of Residential Tenant’s Impacted by COVID-19
Hanson Bridgett LLP, March 2020

On March 27, 2020 California Governor, Gavin Newsom, issued Executive Order N-37-20 (“Order”), temporarily restricting the ability of landlords to evict residential tenants for nonpayment of rent if the failure to pay rent is due to the impacts of the COVID-19 Coronavirus (“COVID-19”)...

 

 

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