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Legal Checklist: How to Make your Business Sustainable in the Face of New Challenges
ALRUD Law Firm, July 2020

The current crisis has challenged the strength of all companies. It has forced businesses to quickly address new issues that often were outside their agenda earlier. During this period, most of businesses have managed to temporarily adapt, or radically change their processes and strategies; establish a flawless remote operation; transform the pattern of cooperation with counterparties and partners; reallocate resources and learn to communicate with their employees under crisis...

Michigan Small Business Restart Program Accepting Grant Applications Starting July 15
Dykema, July 2020

The State of Michigan has allocated $100 million of CARES Act funding to implement the Michigan Small Business Restart Program to provide grants to Michigan businesses directly impacted by COVID-19. The grants, up to $20,000 each, will be administered by 15 Economic Development Organizations (EDOs) covering all 83 counties in the state. Participating EDOs are listed below...

Underperforming real estate: Can REIT (funds) assist developers in the UAE?
Afridi & Angell, July 2020

During these unprecedented times, developers all over the world are actively looking for solutions to deal with underperforming real estate. For developers in the United Arab Emirates (UAE), real estate investment funds (otherwise known as REITs) may offer a solution to the problem. A REIT is a public or private investment fund which is established to invest a certain percentage (as stipulated by law) of its assets in real estate...

Supreme Court Affirms Addition of .Com to Generic Term Renders Booking.com Registrable
Dykema, July 2020

In a decision contrary to current Patent and Trademark Office (“PTO”) rules, the United States Supreme Court has found the mark BOOKING.COM as a whole is not generic and that combining a generic term with “.com” does not necessarily result in a composite term that also is generic. Background Booking.com B.V. (“Booking.com”) sought to federally register the mark BOOKING.COM, and related variations, for travel services...

Public Financial Aid for Start-Ups in the Corona Crisis
Heuking Kühn Lüer Wojtek, July 2020

The German government launched an aid program to support start-ups and young growth companies in the corona crisis aimed at providing start-ups with liquidity quickly. One of the pillars of this program is the Corona Matching Facility (CMF), where KfW Capital and the European Investment Fund (EIF) are “matching” investments of private venture capital funds (VC funds). The aid is therefore linked to the investments of VC funds...

United States Congress Extends PPP Loan Application Deadline to August 8, 2020
Dykema, July 2020

On June 30, 2020, the Senate passed an extension of the Paycheck Protection Program (PPP) to keep the program operating until August 8, 2020. On July 1, 2020, the House also approved the extension for the program which was set to end on June 30. The President is expected to sign the extension shortly...

PPP Loan Forgiveness and Review: Key Observations
Dykema, June 2020

PPP Loan Forgiveness IFR Revisions and Revised Application, Key Observations Part V Once again, the SBA is doling out guidance in small doses, solving some questions, creating new questions and leaving most questions still unanswered. On June 16, 2020, the SBA issued a revised PPP Loan Forgiveness Application, along wit hrelated instructions, and new PPP Loan Forgiveness Application Form 3508EZ, also with related instructions...

Tennessee Extends Alcohol Carryout and Delivery August 29
Waller, June 2020

Tennessee Gov. Bill Lee has extended the executive order allowing drive-through, carryout and delivery of beer, wine and spirits for restaurants. Read Executive Order 50 here. Restaurants, limited-service restaurants and wine-only restaurants can continue to sell carryout and deliver alcoholic beverages and beer. There is no additional license or permission needed to deliver...

Taxonomy Regulation
PLMJ, June 2020

Introduction and background The “Action Plan: Financing Sustainable Growth” was published by the European Commission on 8 March 2018 and it established a financing strategy to redirect capital flows towards sustainable investment...

Latest Covid-19 Travel Advisory: More Expatriate Groups Permitted to Return to Malaysia
Shearn Delamore & Co., June 2020

Pursuant to the verbal announcement made by our Senior Minister, Datuk Seri Ismail Sabri Yaakob last week, the Government has further released written guidelines on the categories of expatriates who are permitted to return to Malaysia and the measures to be undertaken prior to and after entering Malaysia...

Bending COVID-19 Rules until they Break
Waller, June 2020

We are seeing significant upticks in state responses to violations of COVID-19 safety orders. Hours ago (June 26), Florida suspended all sales of alcohol at bars. The state broke the news via Twitter. Florida Gov...

Coronavirus: Practical Guide to State Aid
PLMJ, June 2020

How can undertakings access state aid and under what conditions can the state grant this aid? Concept of state aid State aid is any economic or financial support granted by the state, or from state resources, that gives an undertaking a selective advantage which may affect trade between Member States. State aid is, in principle, prohibited. Therefore, it must be notified to the European Commission in order for it to decide whether it is compatible with the internal market...

The Supreme Court Upholds the SEC’s Ability to Obtain Disgorgement
Lowenstein Sandler LLP, June 2020

In a long-anticipated decision, the U.S. Supreme Court this week upheld the Securities and Exchange Commission’s (SEC) ability to obtain disgorgement, provided the award does not exceed the wrongdoer’s ill-gotten gains and is returned to the victims. The Supreme Court’s decision came inLiu et al. v...

Latest Update on the Paycheck Protection Program Flexibility Act of 2020
Lowenstein Sandler LLP, June 2020

View our other alerts and articles on the SBA Paycheck Protection Program on our Coronavirus/COVID-19 resource page. This alert was originally published on June 4, 2020, and is being updated as new information becomes available...

Contracts and Force Majeure During a Pandemic (IBLJ)
Kochhar & Co. Advocates & Legal Consultants, June 2020

Contracts and force majeure during a pandemic was published recently in the Indian Business Law Journal authored by Chandrasekhar Tampi, senior partner and Ankur Khandelwal, partner, Kochhar & Co. Overview- The spread of COVID-19 has raised multiple questions with respect to performance of commercial contracts, across the globe. While some contracts have witnessed the erosion of their foundation, others have been rendered difficult, even possible, to be performed...

The Civil Aviation Authority, the National Immigration Authority and the Ministry of Labor Extend the Measures Taken as a Result of the State of Emergency due to the COVID-19 Pandemic
Morgan & Morgan, June 2020

Civil Aviation Authority: All international flightsshall remain suspended untilJuly 22, 2020. National Immigration Authority: All identifications issued by the National Immigration Authoritythat weredue to expirebetween March 13 and July 31, 2020,willremain validuntilOctober 31, 2020,without incurring in fines or surcharges...

Some Going Concerns: A Primer on Intellectual Property Issues in Bankruptcy for Licensors and Licensees
Lowenstein Sandler LLP, June 2020

Westlaw Journal Bankruptcy Much has been written on the myriad of legal issues emanating from the global COVID-19 pandemic: the constitutionality of the lockdowns, liability for stores that open, the process of obtaining PPP loans, and the applicability of force majeure clauses, to name a few. As intellectual property and bankruptcy practitioners, we are fielding more questions regarding the impact of bankruptcies (both actual and potential) on the rights of licensors and licensees...

Privacy Concerns Multiply as Digital Contact Tracing Spreads: U.S. Tech Industry Takes the Lead as Congress Fails to Act
Lowenstein Sandler LLP, June 2020

What You Need To Know: Digital contact tracing (DCT) is a potential game changer in the COVID-19 pandemic. However, the sensitive personal information collected by DCT applications (“DCT apps”) largely falls through the cracks of existing U.S. data protection laws. The California Consumer Privacy Act (CCPA) may be the only current legal model that encompasses the data privacy aspects of digital contact tracing...

Presidential Proclamation Extends Ban on Entry of Immigrants; Adds H-1B, L-1 and J-1 Visa Holders
Dykema, June 2020

Following up on Dykema’s alert from June 18, 2020, President Trump signed a Proclamation that extends his April 22, 2020, 60-day ban on immigrant workers entering the United States until December 31, 2020. In addition, it also added those with H-1B, H-2B, L-1 and J-1 visas and any foreign national accompanying them to this ban. The Proclamation states this was done to address, in part, high unemployment levels due to the coronavirus pandemic...

Law N°21,240 that Modifies the Criminal Code and Law 20.393, to Sanction the Infringement of Isolation or Other Preventive Measures Issued by Sanitary Authorities, in the Context of a Pandemic or Epidemic
Carey, June 2020

On June 20th., it was published Law N°21.240, bill which was approved last Wednesday 17th by the Congress. The New Law increases sanctions for the infringement of quarantines and sets forth responsibility for Employees and Legal Entities. Article 318 of the Criminal Code punishes anyone who “jeopardizes public health by the infringement of hygienic and sanitary norms properly published by the authority, in the context of a catastrophe, pandemic or contagion...

5 Ways Healthcare REIT Sector will Change because of COVID-19
Waller, June 2020

Amid the unprecedented changes wracking the business world in 2020, one certainty remains: many industries will look very different in future years as strategic responses to COVID-19 gain traction and become permanent. In the healthcare REIT sector, we are beginning to see trends that may shape industry norms long after the dust has settled from the chaos of 2020. 1...

New Job-Creating Wage Subsidy Helps Companies Rebuild in the Midst of the Pandemic-Caused Economic Crisis
Szecskay Attorneys at Law, June 2020

In its notice published on May 18, 2020, the National Employment Service (Nemzeti Foglalkoztatási Szolgálat) laid down the fundamental criteria that must be met by an applicant to be eligible for the new EU-supported wage subsidy intended to help create new jobs in Hungary in the wake of the COVID-19 pandemic. There is an enormous difference between the Kurzarbeitwage subsidy and this job-creating wage subsidy...

Labor Update: COVID-19 Preventative Measures for Workplaces
QIL+4 ABOGADOS, June 2020

The Guide for the Identification of Labor Risks by Covid-19 and Preventive Measures in Workplaces was published by the Guatemalan Social Security Institute...

Possible Presidential Proclamation to Limit Entry of H-1B, H-2B, L-1 and J-1 Visa Holders
Dykema, June 2020

Several reports, including one by the U.S. Chamber of Commerce, indicate President Trump may issue a Proclamation limiting or prohibiting the entry into the United States of foreign nationals holding H-1B, H-2B, L-1 and J-1 visas. H-1Bs are used to employ foreign nationals in specialty occupations (those positions normally requiring at least a Bachelor’s Degree or its equivalent for entry into the field). H-2Bs are for temporary, non-agricultural workers...

Introducing the Arendt Insights Mobile App: Instant Access to the Legal Developments Impacting Business in Luxembourg.
Arendt & Medernach, June 2020

“At a time when the flow of information is always expanding, this app is a smart alternative for users to stay informed about these topics without a flood of emails.”(Jean-Marc Ueberecken, Managing Partner). The CoVid-19 crisis as a trigger Arendt Insights is the only app dedicated to Covid-19 crisis management in Luxembourg.   The first version of the app has been designed to give insight from Arendt experts, using the Covid-19 Solutions platform...

Agricultural and Livestock Service Issues Regulations to Adapt the Availability of its Services Regarding the Program of Exports of Origin During the Covid-19 Pandemic
Carey, June 2020

Considering the Covid-19 pandemic, the Agriculture and Livestock Service (Servicio Agrícola y Ganadero, "SAG") issued the Exempt Resolution No. 3,439, dated May 19, 2020 to update the Program of Exports of Origin. (View update here.) This Resolution was published in the Official Gazette on June 10, 2020...

New Instructions for Movement Permits for Essential Workers
Carey, June 2020

According to the announcements of the authority in recent days, the new instructions for movement permits (hereinafter “Instructions”) were published on June 12, which will be effective as of Monday, June 15 at 05:00 am. The main modifications introduced by this new version of the instructions are the following: 1. Types of collective permits...

10 Questions about the Impact of COVID-19 on Public Private Partnerships in Peru (PPP)
Rodrigo, Elias & Medrano Abogados, June 2020

Is the operation of PPP projects suspended? No. The State of National Emergency (in force from March 15 to June 30, 2020) has not affected the operation of PPP projects related to the provision of public and/or essential goods and services. Currently, it is also permitted to perform activities included in Phases 1 and 2 of the "Economic Reactivation Plan"(“Plan”) approved by the Central Government. See Exhibit I...

Coronavirus: Changes to the Rules on Public Moratoriums on Financing
PLMJ, June 2020

Analysis of the changes to the special legal rules onthe credit and financing moratorium. Through Decree-Law 26/2020 of 16 June (“DL 26/2020”), the Government has approved, a set of amendments to the special rules onthe moratorium on financing approved by Decree-Law 10-J/2020 of26March...

Long Overdue: U.S. Supreme Court Holds Title VII Protects Gay and Transgender Employees
Lowenstein Sandler LLP, June 2020

What You Need To Know: It is now unlawful under federal law to discriminate against an employee because of that person’s sexual orientation or transgender status. Previously, more than 25 states did not have laws protecting gay employees from discrimination. Yesterday's Supreme Court decision confirms that discrimination based upon one’s sexual orientation or gender identity is discrimination based upon sex and therefore unlawful...

Will Metro Nashville Beer Board Enforce Health Violations for COVID?
Waller, June 2020

Folks are all abuzz about the June 18, 2020 “Emergency Meeting” of the Metro Nashville Beer Board. The Beer Board has cited the following: Moxy Downtown Kid Rock’s Broadway Brewhouse Downtown Nudie’s Click for a copy of the notice of the meeting...

COVID-19: Main Amendments made by the Conversion Law to the Liquidity Decree with Respect to the Measures Aimed at Ensuring the Going Concern of Companies
Gianni, Origoni, Grippo, Cappelli & Partners, June 2020

1. Introduction Pursuant to Law no. 40 of 5 June 2020, published in the Official Gazzette no. 143 of 6 June 2020 (the “Conversion Law”), Law Decree no. 23 of 8 April 2020 (the “Liquidity Decree”) was converted into law with amendments. Below is a summary of the key amendments made to Chapter II (Urgent Provisions to Ensure Going Concern) by the Conversion Law. 2...

Pennies from Heaven for Tennessee Small Business
Waller, June 2020

We are pleased to share the following summary about the Tennessee Business Relief Program. Key takeaways are: The money does not have to be paid back Revenue hopes to start disbursing in early July Unlike PPP and other relief programs, there is no application. A huge shout-out for the excellent summary to Jim Schmidt and Sharon Michie from the Tennessee’s Brewer’s Guild...

U.S. Supreme Court Makes Pride Month History by Holding That Title VII Bars Job Discrimination Against LGBT+ Workers
Dykema, June 2020

Unexpectedly siding with the liberal wing of the Court, Justice Neil Gorsuch penned a 6-3 decision in Bostock v. Clayton County, holding that Title VII’s prohibition on sex-based discrimination also covers sexual orientation and gender identity discrimination. The Court’s decision dealt a historic victory for proponents of expanding gay and trans protections for workers under Title VII of the Civil Rights Act of 1964...

SyCipLaw's Doing Business in the Philippines: A General Guide (2020 Update)
SyCip Salazar Hernandez & Gatmaitan, June 2020

SyCip Salazar Hernandez & Gatmaitan’s (SyCipLaw) publication about the general guidelines in doing business in the Philippines has been updated. It aims to showcase the Philippines as an attractive venue for business ventures, to guide the businessmen and lawyers alike in their business decision making, and to help investors restart the Philippine economy in connection with the lifting of certain COVID-19-related quarantine restrictions...

Challenges for Insurers from the COVID-19 Pandemic
Wardynski & Partners, June 2020

The unstable economic situation connected with the COVID-19 pandemic is also impacting the insurance industry. Dependent on global phenomena and trends, the insurance market will soon have to face anew economic reality, develop appropriate solutions for clients, and prepare to defend against claims...

Cross-Border Transactions in Times of Pestilence
Wardynski & Partners, June 2020

The difficulties in international transport caused by the pandemic may have a major impact on VAT settlements of Polish exporters. These complications may carry over to the possibility of applying the 0% VAT rate, thus affecting taxpayers’ cash flows. Restrictions caused by the state of epidemic may affect the possibility for businesses to apply the 0% VAT rate...

Discontinuation of Projects due to the COVID-19 Pandemic: Tax Implications
Wardynski & Partners, June 2020

One of the consequences of the pandemic and the resulting economic crisis may be the need for some taxpayers to discontinue projects...

PLN 100 Billion in BGK Guarantees to Support Loans
Wardynski & Partners, June 2020

Businesses affected by COVID-19 are frantically seeking help. Direct forms of assistance, such as the financial shield and standstill pay, are extremely popular. Meanwhile, another instrument of the Anti-Crisis Shield has begun operating recently, i.e. loan repayment guarantees granted by Bank Gospodarstwa Krajowego to medium-sized and large enterprises from the Liquidity Guarantee Fund...

Tech Versus Virus: Remote Diagnostics
Wardynski & Partners, June 2020

This time we address solutions from the front lines: devices for remote diagnostics which can improve effective detection of the coronavirus and also unburden the health service in other areas. These solutions can also serve as aproving ground for the regulatory approach to oversight of algorithms. The immediate inspiration for writing this text was asolution from the company StethoMe presented at the DemoDay organised by the MIT Enterprise Forum CEE...

Proposed Legislation Would Create New Protections for Michigan Residential Borrowers and Tenants During States of Emergency
Dykema, June 2020

In response to the ongoing COVID-19 crisis and its resulting adverse effects on the income levels of Michigan residents, a package of bills (2020 SB 912 through 2020 SB 917) was introduced earlier this month to provide additional protections for residential tenants and owner-occupants during a declared state of emergency...

IRS Provides Relief for Projects Eligible for Investment Tax Credit and Production Tax Credit
Dykema, June 2020

On May 27, 2020, the Internal Revenue Service (“IRS”) issued Notice 2020-41 (“Notice”) providing COVID-19 relief for businesses seeking to qualify for the production tax credit for renewable energy facilities under Section 45 (“PTC”) of the Internal Revenue Code (the “Code”) and investment tax credit for energy property under Section 48 (“ITC”) of the Code...

Government Releases Commercial Rent Relief Package
MinterEllisonRuddWatts, June 2020

You may well have seen announcements in the media last week around a Government ‘rent relief package’ for commercial tenancies affected by COVID-19, which involves an implied rent relief clause to be incorporated into ‘qualifying’ leases, and a compulsory arbitration scheme that will apply where parties are unable to agree a fair abatement of rent...

PPP Loan Forgiveness and Review: Key Observations
Dykema, June 2020

PPP Loan Forgiveness Expansion: Key Observations Part III On June 5, 2020, the Paycheck Protection Program Flexibility Act of 2020 (the “Act”) was signed into law by the President. It provides for a number of liberalizations of the terms of the Paycheck Protection Program (“PPP”)...

The Hungarian Trust: A Transparent Solution for the Legal Protection of Assets and Succession Planning in Family Businesses
Szecskay Attorneys at Law, June 2020

The most general reason for setting up a trust is to ensure the effective and professional legal protection of assets. Contrary to a private foundation, there is no legal requirement to set forth a specific objective for the trust...

Labor Update New Procedure for Authorization and Registration of Furloughs
QIL+4 ABOGADOS, June 2020

On May 23, 2020, the notice related to the Employment Protection Fund was jointly published by the Ministry of Labor and Social Welfare and the Ministry of Economy, through which a new electronic procedure was implemented for the registration, control and authorization of total suspensions (individual or collective) of employment contracts...

Ministerial Agreement 146-2020: National Strategy for Control of Epidemic of SARS COV-2 and Conditioned of Confinement
QIL+4 ABOGADOS, June 2020

The Ministry of Public Health has published changes in the strategy to be followed for the eventual de-escalation of the confinement measures to be followed, repealing agreement 144-2020...

Notice 2020-39: IRS Provides Relief to Qualified Opportunity Funds and Investors Related to COVID-19 Pandemic
Dykema, June 2020

The Novogradac Opportunity Zones Working Group (the “Novogradac Group”) recently wrote to the Commissioner of the Internal Revenue Service (the “Commissioner”) and the Assistant Secretary for Tax Policy of the Department of the Treasury...

Legal Impacts of Covid-19 (Version 2)
Rodrigo, Elias & Medrano Abogados, June 2020

The purpose of this special report (the “Report”) is to inform the legal considerations and initial impacts that may affect the operation of a business as a result of the state of emergency for fourteen (14) days from March 16, 2020 (the “State of Emergency”) declared through Supreme Decree No...

Five Things to Know About the Pre-Launch Update to the Main Street Lending Program
Lowenstein Sandler LLP, June 2020

Certain provisions of the coronavirus economic stimulus legislation are subject to the ongoing issuance of government regulations and other government action; thus, certain details regarding the legislation may be clarified, revised, or added...

Extension in the Suspension of Deadlines in the Mexican Institute of Industrial Property Until Further Notice
Basham, Ringe y Correa, S.C., June 2020

Following the agenda established within the Federal Government's Gradual Plan towards a New Normalization, the Mexican Institute of Industrial Property (MIIP) has published an agreement by means of which it extends the suspension of terms and deadlines with respect to all processes and procedures carried out before said Institute, as of March 24, 2020 and until the expected conditions for the restarting of activities of the MIIP are materialized...

Commission for the Financial Market Pronounces Regarding the Scope of the Application and Effects of the New Article 30 of Law No. 21,227 - Covid Unemployment Insurance Law
Carey, June 2020

The Commission for the Financial Market (“ CMF ”), on May 28, 2020, has issued the Official Letter No. 22,260 (the “ Official Letter ”) in response to the pronouncement request sent by the Treasury Minister of the Chilean Government, Mr Ignacio Briones Rojas, to clarify the scope of the enforcement and the effects of the new article 30 of Law No. 21,227, which empowers the access to the unemployment insurance benefits provided in Law No...

Tax Deferral of Employer’s Portion of Social Security Taxes Under Section 2302 of the CARES Act Now Available for PPP Borrowers Without Exception
Dykema, June 2020

Pursuant to the Paycheck Protection Program Flexibility Act of 2020, which was enacted into law on June 5, 2020, taxpayers who take out a loan under the Paycheck Protection Program (“PPP”) of the Coronavirus, Aid, Relief and Economic Security Act (“CARES Act”), all or a portion of which is subsequently forgiven, may now also take advantage of the tax deferral of the employer’s portion of the Social Security taxes under Section 2302 of the CARES Act...

Securities Regulators Demand Fair Disclosure of Consequences of the COVID-19-Pandemic from Issuers
Heuking Kühn Lüer Wojtek, June 2020

Issuers need to make transparent the effects of the COVID-19 pandemic on their companies. The International Organization of Securities Commissions (IOSCO) emphasized the importance and obligation of timely and transparent disclosure of “high-quality information” in a recent statement issued on May 29, 2020. It recalled the corresponding obligation for issuers to report on important matters and encourages companies to comply with their disclosure obligations...

The Virtual General Meeting 2020: Selected Tips for Use in Practice
Heuking Kühn Lüer Wojtek, June 2020

On March 28, 2020, the Act on Measures in Corporate, Cooperative, Association, Foundation, and Home Ownership Law to Combat the Effects of the COVID-19 Pandemic (COVID-19 Act) entered into effect. Among other things, the COVID-19 Act provides for substantial facilitations for stock corporations to hold general meetings. The most important innovation for use in practice is the possibility of holding general meetings entirely virtually, i.e...

New Law Provides Significant Reforms Flexibility for PPP Borrowers
Waller, June 2020

On June 5, President Trump signed the Paycheck Protection Program Flexibility Act of 2020 (the “Act”) into law, providing several important modifications to the Paycheck Protection Program (“PPP”) that PPP borrowers should know about...

OSHA Issues New Guidance Ramping up Enforcement Related to COVID-19
Waller, June 2020

On the heels of growing pressure and mounting criticism from Congress and labor unions that the Occupational Safety and Health Administration (OSHA) was not doing enough to protect workers, OSHA issued new guidance expanding employers’ reporting requirements related to COVID illnesses...

COVID-19: Reopening of the National Immigration Authority and the Labor Immigration Department of the Ministry of Labor
Morgan & Morgan, June 2020

Updated on June 1, 2020 National Immigration Authority: Residence Permitsare valid until June 7, 2020. This measure is in place since March 13. The suspension of administrative processesanduser service will belifted from June 8. In-person user service will be restored gradually and progressively: Between June 8 and June 12, only attorneys will be allowed to visit, between the hours of 7:00 a.m. and 4:00 p.m...

Paycheck Protection Program Flexibility Act of 2020
Lowenstein Sandler LLP, June 2020

Certain provisions of the coronavirus/COVID-19 economic stimulus legislation are subject to the issuance of government regulations, government guidance and other government action; thus, certain details regarding the legislation may be clarified or added. View our other alerts and articles on the SBA Paycheck Protection Program on our Coronavirus/COVID-19 resource page. On June 3, 2020, the U.S...

Covid Programme - Commercial Rent Relief
Kocian Solc Balastik, June 2020

The state contribution for commercial rents to entrepreneurs with forcibly closed establishments is gaining more concrete outlines. If an entrepreneur negotiates a 30% discount on rent from his landlord, he will be able to apply for state support in the amount of 50% up to a ceiling of CZK 10 million for the period from April to June. However, the program has yet to be notified to the European Commission before it can be launched...

“Antivirus Programme” - An Instrument of Financial Assistance for Employers - New Forms of Support and Extended Deadlines (Update 03)
Kocian Solc Balastik, June 2020

Category B has been extended until the end of August 2020 and the government has approved a new form of support – Category C!   Are you considering how to maintain employment of your employees and minimize economic losses? Take a look at what financial instruments the state has prepared for entrepreneurs whose employees have been affected, directly or indirectly, by government measures taken to combat coronavirus...

Covid III Loan Programme for SMEs and Self Employed Entrepreneurs
Kocian Solc Balastik, June 2020

Covid III is starting and you need to act fast! At its meeting on 18 May 2020, the Government approved by Resolution No. 553 the Covid III guarantee program for self-employed persons and companies employing up to 500 employees. Immediately afterwards, the websites of Ceskomoravská zárucní a rozvojová banka, a.s. ("CMZRB") published the conditions of the program...

Lex Voucher for Culture - An Alternative to Refunds for Cancelled Cultural Events
Kocian Solc Balastik, June 2020

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...

Executive Order No 2020-110: Three Things to Remember as When Planning to Reopen
Dykema, June 2020

With Executive Order No. 2020-110, Governor Whitmer has lifted the stay-at-home order and allowed most businesses in Michigan to reopen—at least to some extent. There are still several sectors that are ordered to stay closed to the public, including non-essential personal care services (hair, nail, massage, etc.), and the Executive Order contains several other restrictions imposed on specific industries...

External Circular No. 019 -2020 of the UPME
Brigard Urrutia, June 2020

Regarding its functions, the UPME has been monitoring the demand for electrical energy and natural gas on a daily basis, in order to identify the impact of the measures taken to mitigate the effects of COVID-19 on the consumption of these energies. The following conclusions have been reached from this monitoring: Energy demand fell in April by 16.92% compared to the average scenario projected by the UPME and by 11.10% so far in May...

Energy Regulatory Commission, Extension of the Suspension for Terms and Proceedings
Basham, Ringe y Correa, S.C., June 2020

On May 29th, 2020 the Energy Regulatory Commission (“ CRE ”) published in the Federal Official Gazette an administrative resolution declaring the extension of the suspension of all terms and proceedings before such authority from June 01st, 2020 until the sanitary authorities determine that there are no epidemiologic risks related to the gradual, careful and organized opening of the federal public administration activities...

California Attorney General Submits Final Regulations for the California Consumer Privacy Act
Lowenstein Sandler LLP, June 2020

What You Need To Know: The final California Consumer Privacy Act regulations are now under review by the California Office of Administrative Law, and there will be no additional opportunities for public comment. The California Attorney General has requested expedited review of the CCPA regulations, bypassing an executive order issued by the Governor of California extending administrative review periods due to the COVID-19 pandemic...

Coronavirus: Impact of the Exceptional and Temporary Measures on Enforcement Proceedings
PLMJ, June 2020

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...

Recent Measures Implemented in Abu Dhabi in Response to COVID-19
Afridi & Angell, June 2020

On 30 May 2020, the Abu Dhabi Media Office posted through Twitter that the Department of Government Support has eased restrictions on some activities and issued a set of guidelines for working from and visiting government entities in Abu Dhabi. The guidelines below come into effect from today, 1 June 2020, and are limited to individuals between the ages of 12 and 60...

Cram Down Financings in the Era of Covid-19
Afridi & Angell, June 2020

We are in unprecedented times. The Covid-19 pandemic has swept the globe like a tsunami and it continues to wreak havoc on countries, people and economies. The effects of the pandemic are evident now. For example, the US unemployment rate is presently at 14.7%. In the peak of the financial crisis of 2008, the unemployment rate was 10%...

Contradictory Responses by Privacy Regulators Post-COVID-19: Balancing the Economy With Cybersecurity in a Changed World
Lowenstein Sandler LLP, June 2020

What You Need To Know: The CCPA is currently set to become enforceable on July 1. If your business is regulated by the CCPA, you have 30 days from publication of this alert to comply. Government authorities have pursued different, frequently contradictory, approaches to enforcing data privacy and cybersecurity regulations during the COVID-19 pandemic...

Changing PPP Guidance Reinforces Need for Strong Compliance
Dykema, June 2020

Through the recently issued Paycheck Protection Program (PPP) Loan Forgiveness Application and Interim Final Rule on Loan Forgiveness, the Small Business Association (SBA) has once again demonstrated that the contours and requirements of the PPP program are constantly evolving. The SBA’s recent Interim Final Rule on SBA Loan Review Procedures provides some insights on how the SBA will enforce PPP qualification and forgiveness requirements...

Post Eid al Fitr Reopening Guidelines and Easing of Movement Restrictions
Afridi & Angell, May 2020

On 26 May 2020, Dubai Economy published the “Post Eid al Fitr” reopening Guidelines which took effect from Wednesday 27 May 2020 and include updates to the protocols for the wholesale and retail trade including salons and barbershops as well as valet parking. The Guidelines also provide tailored reopening protocols for cinemas, kids salons, auction houses, outsourced government service centres, and various entertainment sectors...

COVID-19: Specific Technical Guidelines for the Reopening of Economic Activities in the New Normality have been Issued
Basham, Ringe y Correa, S.C., May 2020

The Federation's Official Gazette of May 29, 2020, the Ministry of Health, jointly with the Ministry of Economy, the Ministry of Labor and Social Welfare and the Mexican Institute of Social Security (“IMSS”), published  specific technical guidelines...

Switching to E-commerce: Legal Checklist
ALRUD Law Firm, May 2020

The global spread of the COVID-19 coronavirus infection has led to significant changes in the Russian retail trade. This pandemic has forced millions of people to stay at home, avoid public places and, of course, buy less. To adapt to the new features of consumer behaviour, retailers need to promptly respond, adapt, or dramatically change their business processes and strategies...

New York City Enacts Law Affecting Enforceability of Certain Commercial Lease Guaranties for COVID-Affected Businesses
Haynes and Boone, LLP, May 2020

On May 26, 2020, the Mayor of New York City, Bill de Blasio, signed a broad COVID-19 relief package into law, to supplement existing federal and state relief measures. The new legislation included several amendments to the Administrative Code of the City of New York (the “Code”) that affect commercial landlords and tenants, including N.Y.C. Council Int. No. 1932-A (“Local Law 1932-A”)...

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...

Metro Manila under GCQ from June 1; Courts Nationwide Resume Full Operations on June 1
SyCip Salazar Hernandez & Gatmaitan, May 2020

Metro Manila, Regions II, III, and IV-A, and the provinces of Pangasinan and Albay (which are currently under [MECQ]) will be placed under General Community Quarantine (GCQ) from June 1. This is based on the announcement made on May 28, 2020 by the President. Many other areas of the country which are now under GCQ will transition to Modified General Community Quarantine starting June 1...

The Impact of the New SEC Amendments on REITs Real Estate Operations and Triple Net Leases
Waller, May 2020

While the SEC’s amendments described in our prior blog post (locatedhere) provide relief to companies in a number of industries – including oil and gas, foreign private issuers, business development companies, and investment funds – we’re taking a closer look at the impact the amendments will have REITs and other real estate companies...

MME Memorandum on Safety and Health Measures at Work
Brigard Urrutia, May 2020

As a complement to the Ministry of Health and Social Protection guide for the reduction of the risk of exposure to COVID-19 in the Energy and mining industry, the Ministry of Mines and Energy (“MME”) together with the Ministry of Labor and the Ministry of Health and Social Protection issued Joint Memorandum 01 of 2020 (the “Memorandum”)...

A Guide to Contract Work During the Crisis
ALRUD Law Firm, May 2020

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...

Insurance Recovery During the COVID-19 Pandemic: Navigating Your Policy's Microbe and Pollution Exclusions
Haynes and Boone, LLP, May 2020

As corporate policyholders continue to submit claims to their insurers for business interruption and related losses sustained from the COVID-19 pandemic, insurers appear to be denying such claims routinely where the policies at issue contain exclusionary language specific to viruses — whether in stand-alone virus exclusions or other types of exclusions...

Antitrust Does Not Shelter in Place During a Pandemic, Part 2: Don’t Claim the Failing Firm Defense Unless You’re Really Failing
Lowenstein Sandler LLP, May 2020

The Federal Trade Commission (FTC) has reminded us that the “failing firm defense” is much harder to pull off than might be imagined, and that the antitrust agencies will closely analyze all “failing company” claims even during the coronavirus pandemic. In its May 27 blog post, "On “Failing” Firms — and Miraculous Recoveries,"the FTC emphasized that the defense is difficult to make and, even more to the point, often not true...

Pharmaceutical Industry: It is Time to Check the Structure of Doing Business in Russia
ALRUD Law Firm, May 2020

In the context of COVID-19 pandemic, the field (on-site) tax audits in Russia are currently postponed, but once all restrictions are lifted, the tax authorities can start auditing Russian companies and replenishing the National Budget by redoubling their efforts. The pharmaceutical industry could be in the focus of the tax authorities and, above all, they could start with auditing of the contractual structures used for organizing clinical trials and promotion of pharmaceutical products...

Circular No. 32 Issued by the Chilean IRS: Tax Treatment of Expenses Incurred due to Covid-19
Carey, May 2020

On April 29, 2020, the Chilean IRS issued instructions regarding the tax treatment of expenses incurred in connection with the health emergency caused by Covid-19. Additionally, the Tax Authority refers to the general requirements for all expenses and the tax treatment of some donations. I. Regarding the general requirements on deduction of expenses In accordance with Article 31 of the Income Tax Law, recently amended by Law No...

Modification of Decree Nº 466, of 1984, of the Ministry of Health, Which Approves the Regulation in the Matter of Electronic Commerce of Medicines
Carey, May 2020

On May 7, 2020, the amendment to Decree No. 466 was published in the Official Gazette, which approves the Regulation of Pharmacies, Drugstores and other pharmaceutical establishments, regarding the sale of medicines through electronic means. Particularly, article 8 of said Decree is modified, in order to allow the electronic sale of medicines in pharmacies, incorporating the following sentence: "Pharmacies may dispense medicines through electronic means...

Sernapesca Adopts New Measures to Contain the Impact of COVID-19 in the Salmon Industry
Carey, May 2020

The National Fisheries and Aquaculture Service (“Sernapesca”) has issued a series of resolutions. Resolutions No 672/2020 , No 725/2020 and No 805/2020 - that incorporate new measures to those indicated in Resolution No. 565 dated March 16, 2020 which authorized the adoption of certain measures in salmon farming centers in the context of COVID-19...

New Measures Taken by the Chilean Authority Against the Pandemic
Carey, May 2020

I. Update of sanitary measures published this week in the Official Gazette On Wednesday, May 13, Resolution No. 341 of the Ministry of Health was published, which provides for a series of sanitary measures, among which the following stand out, since they modify measures that have been implemented to date: Any concentration of more than 50 people in a certain place, regardless of its nature, or whether it takes place in open or closed spaces, is forbidden...

PPP Loan Forgiveness and Review: Key Observations - Part II
Dykema, May 2020

The SBA issued anInterim Final Rule(“IFR”) regarding PPP loan forgiveness on May 22, 2020, to supplement thePPP Loan Forgiveness Applicationand instructions issued one week earlier. While the new IFR did not provide a great deal of new guidance, below is a list of our key observations, which supplements our prior observations on the application itself, which are repeated at the end of this Alert...

Unique Estate Planning Opportunities Amid COVID-19 Due to Depressed Markets and Historically Low Interest Rates
Haynes and Boone, LLP, May 2020

The historically low interest rates recently announced by the Internal Revenue Service (“IRS”) and the depressed value of certain assets offer opportunities for estate planning techniques that can reduce the cost of transferring wealth to younger generations. The federal estate and gift tax exemption for 2020 is $11,580,000 per person ($23,160,000 for a married couple)...

Definitive Suspension Against the Resolution to Guarantee the Efficiency, Quality, Continuity and Safety of the Electric National System
Basham, Ringe y Correa, S.C., May 2020

On May 25th, 2020, as per publicly available information, an administrative court in Mexico issued definitive suspensions against the resolution published on April 29th, 2020 by the National Center of Energy Control (“CENACE”) to guarantee the efficiency, quality, continuity and safety of the National Electric System, as part of the constitutional appeals filed by companies involved in renewable energy projects from wind and photovoltaic projects...

Emerging From COVID-19: Data Privacy and Security in a Changed World
Lowenstein Sandler LLP, May 2020

As millions have moved their professional and personal lives online, in-person contact during the COVID-19 pandemic has become a memory except for “essential” public services. To receive medical care or an education, be entertained, conduct business, shop for essentials, and engage in online gaming, Americans have few options but to fill in the blanks with their personal information. Individuals, consumers, and business contacts are becoming acutely aware of the risks...

COVID-19: Focus on Executive Compensation
Lowenstein Sandler LLP, May 2020

The impact of the COVID-19 pandemic on the business community is unprecedented. Every company and executive is questioning the effects the disease will have on their business, employees, customers, and local and global economies. While it is still too early to know the long-term ramifications of the disease, the more immediate implications for businesses are already evident, including a lockdown of large swaths of the U.S...

Deferred Compensation Considerations in the Wake of the COVID-19 Pandemic
Lowenstein Sandler LLP, May 2020

As the COVID-19 pandemic continues to unfold, both employers and employees are faced with liquidity issues, furloughs, layoffs, and the reduction of hours. In order to conserve cash, employers may be looking for ways to delay payments of deferred compensation and employees may be looking for ways to accelerate the payments of deferred compensation...

COVID-19: Considerations in Stock Option Repricing
Lowenstein Sandler LLP, May 2020

In the past weeks, many companies, both public and private, have seen their stock prices and values decline because of the economic disruption caused by COVID-19. As a result, outstanding stock options may no longer provide adequate incentives, as their exercise prices may be well above the current fair market value for the company’s common stock (i.e., the options are “underwater”)...

SBA Announces: “SBA may begin a review of any PPP loan of any size at any time in SBA’s discretion” & DOJ Announces Multiple Enforcement Actions
Lowenstein Sandler LLP, May 2020

Between May 20 and May 22, SBA announced three new Interim Final Rules and the U.S. Department of Justice (DOJ) announced three new fraud prosecutions stemming from PPP loans...

FERC Publishes 2020 Summer Energy Market and Reliability Assessment
Haynes and Boone, LLP, May 2020

On May 21, 2020, the Federal Energy Regulatory Commission’s Offices of Energy Policy and Innovation and Electric Reliability jointly published and released their 2020 Summer Energy Market and Reliability Assessment. The report provides an overview of key market events and data for the nation’s ISOs/RTOs as well as a discussion on reliability in the various power regions for summer 2020. The report includes the following key items that are summarized below...

Government Measures in Employment Sector in Response to the COVID-19 Pandemic in Indonesia
Makarim & Taira S., May 2020

The Indonesian Ministry of Manpower (“MOM”) and some other Ministries have issued a number of regulations and policies or guidelines to manage and control the impact of the spread of COVID-19 in the Indonesian employment sector. Please find below a summary of the government measures:  I. Employers are encouraged to prepare plans to take preventive measures against the further spread of COVID-19 and to maintain the continuity of their businesses...

Enforcement of Foreign Awards
Kochhar & Co. Advocates & Legal Consultants, May 2020

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...

COVID-19: Additional, Exceptional and Temporary Measures Adopted by the Superintendency of Banks of Panama and the Panama Banking Association.
Morgan & Morgan, May 2020

Rule 2-2020, as amended by Rule 3-2020 of the Superintendency of Banks of Panama (hereinafter, “SBP,” for its initials in Spanish). On March 16, 2020, the SBP issued Rule 2-2020, which was subsequently amended by Rule 3-2020 (here in after referred to as “Rule 2-2020") and "establishes additional, exceptional and temporary measures for compliance with the provisions contained in Rule 4-2013 on credit risk".”...

Return To Work Guide: An Employer’s Post-Pandemic Handbook
Dykema, May 2020

As many states and municipalities begin lifting stay at home orders and implementing steps for a phased reopening of businesses, employers should be developing a written “game plan” to minimize the risks of transitioning from a COVID-19 complete or partial shutdown to resumption of business as usual, or business in the post-Pandemic workplace...

PPP Loan Forgiveness Application: Key Observations
Dykema, May 2020

The SBA, in consultation with the U.S. Department of Treasury, issued the Paycheck Protection Program Loan ForgivenessApplicationand related instructions on May 15, 2020. While the application and instructions answer many of our questions about PPP loan forgiveness, it leaves many others open. Treasury has promised that the SBA also will soon issue regulations and guidance that we hope will address these questions...

SEC Reportedly Investigating Public Company Recipients of PPP Funds
Waller, May 2020

According to several sources, we understand that the SEC is reportedly investigating public companies that received funds under the Paycheck Protection Program (PPP). Established under the CARES Act in response to the coronavirus (COVID-19) pandemic, the PPP provided funding to eligible companies for payroll and other eligible costs, but the SEC is now reportedly investigating some of those very recipients and using their public disclosures to assess eligibility and need...

Economic Downturn and COVID-19 Leaves Some Hospitals Fiscally Vulnerable
Waller, May 2020

As the nation’s healthcare industry grapples with the impact of the first wave of COVID-19, many hospitals are facing fiscal pressure. This is particularly true for providers who fall into the following categories: Providers who are or were partially overwhelmed with COVID-19 patients, experienced shortages of PPE and significant staff stress, all of which tested systems and leadership like never before...

Hard Knock to the Legal Certainty in Guatemala - Electric Sector in Crisis
QIL+4 ABOGADOS, May 2020

Guatemala dawns today with the validity of a law, contained in the Decree 15-2020, extremely harmful for the country, the economy, the industry and legal certainty, and in violation of the Constitution. This law allows for the possibility of not paying certain basic services (water, cable, telephony, power [sic] (electric power) and internet) by the users, and imposes the obligation to public and private supplier companies not to suspend, under any circumstances, their provision...

Covid-19: Decree Law No. 33 of 16 May 2020 and PMD of 17 May 2020
Gianni, Origoni, Grippo, Cappelli & Partners, May 2020

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")...

COVID-19 and OSHA: Why Employers May See More Inspection Activity and More Injuries and Illnesses Being Recorded as Work-Related
Haynes and Boone, LLP, May 2020

On May 19, 2020, OSHA issued two revised enforcement policies with respect to in-person workplace inspections, and an employer’s obligation to record occupational injuries and illnesses, specifically cases of COVID-19. As phased re-openings of businesses are occurring throughout the United States, OSHA explained that it revised its policies to ensure that employers are protecting the health and safety of their workers...

Revised Measures in Response to COVID-19: Sterilisation and Opening Timings and an Updated List of Violations and Fines
Afridi & Angell, May 2020

On 18 May 2020, the UAE government announced the following timings with effect from today, 20 May 2020: the National Disinfection Programme will take place between 08:00pm (not 10:00pm) to 06:00am the following day. working hours of butchers, mills and cafes will be from 06:00am to 08:00pm. commercial centres and malls will be open from 09:00am to 07:00pm (with new opening hours to be announced after the upcoming Eid...

Still Time to Appeal: Executive Order and Bills Aim to Extend Property Tax Assessment Appeal Dates in Michigan and Provide Additional Tax Relief in Illinois
Dykema, May 2020

The 2020 appeal season is moving and changing quickly, so be sure to not miss any filing deadlines. The deadline for filing petitions with the Michigan Tax Tribunal is set by statute as May 31. On May 14, 2020, Michigan Governor Gretchen Whitmer issued Executive Order 2020-87 (the “Order”), to extend the deadline to protest 2020 property tax assessments to grant some amount of relief to individuals and businesses amid the coronavirus/COVID-19 crisis...

State Attorneys General Are Focusing on Price Gouging Laws and You Should Too
Haynes and Boone, LLP, May 2020

State Attorneys General across the nation are warning consumers about price gouging during the COVID-19 pandemic and offering easy online tools to report violations. Consumers have gotten the message. Texans, for example, have sent over 10,000 complaints of price gouging to the state AG’s office during the pandemic.1 Price gouging laws have been enacted by nearly 75 percent of states...

FAQ: Employers Should Plan for Reopening
Waller, May 2020

Waller has created this FAQ to assist employers prepare to reopen their doors and return to “normal” operations. It is critical that businesses develop a reopening plan and communicate new expectations before employees return. There are many issues for businesses to consider when making a plan to reopen. Included below in FAQ format are questions/recommendations to consider in formulating a reopening plan that makes sense for your business...

Deferrals of Repayments of Loans and other Credit Instruments
Cechova & Partners, May 2020

COVID-19 Although the first big wave of requests for repayment deferrals of banking and non-banking loans may seem to be over, a further one is likely just to come once some debtors realise the actual effects of COVID-19 crisis on their economic situation and the pandemic time frame for filing the requests for repayment deferrals will start approaching its end...

IRS Temporarily Flexes Rules for Flex Benefit/Section 125 Plans
Lowenstein Sandler LLP, May 2020

IRS Notice 2020-29 gives employers new opportunities to help employees who participate in Section 125 plans deal with COVID-19...

How to Celebrate Valid Agreements and Contracts in Social Isolation?
QIL+4 ABOGADOS, May 2020

At QIL + 4, prevention is key and our clients’ and team’s health the most important thing. Under the new measures implemented by the Guatemalan Government, we have analyzed the legal alternatives available for signing commercial and civil agreements virtually...

Employer Considerations for Employee Return to Work
Dykema, May 2020

Dykema’s Labor & Employment Practice Group created a Q&A overview addressing best practices for employers to consider when businesses return to work. The document discusses frequently asked questions concerning employer recalls, pay and benefits, medical documentation, personal protective equipment (PPE) requirements, and more...

Application for PPP Loan Forgiveness... Now What?
Lowenstein Sandler LLP, May 2020

Certain provisions of the coronavirus/COVID-19 economic stimulus legislation are subject to the issuance of government regulations and other government action; thus, certain details regarding the legislation may be clarified or added. On Friday, May 15, 2020, the SBA released its Paycheck Protection Program (“PPP”) Loan Forgiveness Application (the “Forgiveness Application”)...

Establishing an Economic Stabilization Fund for the Real Economy
Heuking Kühn Lüer Wojtek, May 2020

By adopting the Act on the Establishment of the Economic Stabilization Fund of March 27, 2020, the German Parliament and the Federal Council established the Economic Stabilization Fund (“ESF”) as a special fund to stabilize the real economy in times of the COVID-19 pandemic...

Dear Tech Company Founders & VCs: Eligible on Main Street
Lowenstein Sandler LLP, May 2020

Certain provisions of the coronavirus/COVID-19 economic stimulus legislation are subject to the issuance of government regulations and other government action, thus certain details regarding the legislation may be clarified or added...

TALF 2020 Update
Lowenstein Sandler LLP, May 2020

On May 12, 2020, the Federal Reserve Bank of New York (the Federal Reserve) announced further updates to the 2020 Term Asset-Backed Securities Loan Facility (TALF 2020), including an updated term sheet and its release of the first TALF 2020 FAQs (FAQs). The FAQs clarify key terms of TALF 2020 and detail the operational mechanics of obtaining a TALF loan...

COVID-19: Technical Guidelines for Sanitary Safety in the Workplace have been Issued
Basham, Ringe y Correa, S.C., May 2020

In accordance with the publications by the Ministry of Health on May 14 and 15, 2020, the morning of Monday 18, the technical guidelines for health safety in the workplace were published so that micro, small and medium-sized companies can restart activities without compromising the health of its employees...

Michigan’s New COVID-19 Workplace Safety Rules: Enforcement of Regulatory Compliance May Increase – Is Your Business Compliant?
Dykema, May 2020

As more and more of Michigan’s economy is being reopened, Governor Whitmer set forth required workplace safeguards in a separate and standalone executive order. Executive Order No...

USCIS Proposes 10% Surcharge on Filing Fees
Dykema, May 2020

The USCIS on Friday, May 15, sent a request to Congress for $1.2 billion in emergency funding, proposing to pay it back with a 10% surcharge on application filing fees. The immigration service is entirely funded by these filing fees and has seen a significant drop in applications due to the coronavirus pandemic. It said in the statement it expects a 61% drop in revenue through the end of the fiscal year...

Proposed Legislation Would Protect Businesses from COVID-19 Claims
Waller, May 2020

With pandemic-related legal filings on the rise across the country, the Waller Government Relations team has worked closely with the Tennessee Chamber of Commerce and Industry to draft the Tennessee Business Recovery and Safe Harbor Act...

Mexico: Amendment to the Federal Strategy for Reopening of Activities
Haynes and Boone, LLP, May 2020

The order described below is a follow-up to the order establishing the strategy for the reopening and return to social, educational, and economic activities, including additional industries to those considered essential, published on May 14, 2020 (the “Order”). (Our alert on the Order can be found here...

Three Tips for Healthcare Providers in Recovering Business Interruption Loss from the Public Health Crisis
Haynes and Boone, LLP, May 2020

Much of the media coverage of the COVID-19 pandemic over the last two months has focused on the loss of business sustained by restaurants, hotels and retail. Little attention has been paid to healthcare providers—at least those who are not valiantly staffing emergency rooms and intensive care units treating those patients stricken by the coronavirus...

Shut-In and Cessation of Production: Current Considerations for Oil & Gas Producers
Haynes and Boone, LLP, May 2020

With the recent significant decline in commodity prices, and physical transportation and storage curtailments, due in large part to reduced demand related to the COVID-19 pandemic, producers are evaluating many of their producing oil and gas wells to determine whether some level of reduced production is appropriate...

The ADGM Companies Regulations 2020
Afridi & Angell, May 2020

The Abu Dhabi Global Market has announced amendments to its Companies Regulations. The Companies Regulations 2020 (2020 Regulations) repeal the Companies Regulations 2015 (as amended). We have summarised below the key changes under the 2020 Regulations...

DMCC Employment Guidelines during the COVID-19 Precautionary Measures Period
Afridi & Angell, May 2020

The DMCC Authority recently passed DMCC Guidelines 1 of 2020 (DMCC Guidelines) setting out what actions DMCC employers can take with respect to their employees during the COVID-19 Precautionary Measures Period. DMCC entities can: • Request employees to work remotely and implement means to monitor them (without infringing their privacy). Working remotely does not however apply to key employees working in Vital Industries...

COVID 19 Resource - Direct Tax - Update
Kochhar & Co. Advocates & Legal Consultants, May 2020

The key Direct tax changes as announced by the Union Finance & Corporate Affairs Minister Smt...

Compensation Bonus for Certain Shareholders in Limited Liability Companies - Covid-19
Kocian Solc Balastik, May 2020

On Monday, 4 May 2020, the government submitted an amendment to the Compensation Bonus Act to the Chamber of Deputies. The amendment should support, in addition to self-employed individuals (sole proprietors), certain shareholders in limited liability companies. This article provides details on the requirements, forms of application, and the amount of compensation...

Czech Government Approves the Abolition of Real Estate Acquisition Tax UPDATE
Kocian Solc Balastik, May 2020

At its meeting on April 30, 2020, the government approved the abolition of the 4% real estate acquisition tax and related changes in the Income Tax Act. The content of the proposal of the Ministry of Finance is described below. However, there are likely to be some adjustments to this wording as a result of the coalition agreement. According to the media, the change should concern the maintenance of the tax deduction of interest on real estate acquired until the end of 2021...

Update: Current Business Trips to the Czech Republic during Covid-19 - Under what Conditions?
Kocian Solc Balastik, May 2020

The government has started to announce the dismantling of certain Covid19 measures and from Monday, April 27, 2020, it now allows business trips for foreigners to the Czech Republic, in respect of which business people were mounting pressure therefore. However, it set out a number of conditions and rules, which are further modified. The original Government Crisis Measure No. 443 was repealed on 1 May 2020 and replaced by Government Crisis Measure No. 495...

European Commission Guidelines on Mobile Applications to Combat COVID-19
Kocian Solc Balastik, May 2020

The European Commission recently issued guidelines on mobile applications supporting the fight against COVID-19 in relation to data protection. Mobile applications commonly installed on smartphones can act as a support mechanism for health authorities at the national and EU level in monitoring and managing the ongoing COVID-19 pandemic and are particularly important in easing measures to reduce the spread of the disease...

Covid-19 Measures:Price Moratorium on Rent from Apartments - Rents Cannot be Increased!
Kocian Solc Balastik, May 2020

Price moratorium on rent from apartments - rents cannot be increased! On 24 April 2020, a moratorium on rental prices of apartments, issued by the Ministry of Finance (“MF”) came into force, which was adopted in the form of Government Decree No. 202/2020 Coll. This is a protective measure for tenants, which stipulates that the rent for an apartment cannot be increased for a limited period of time. This price moratorium is related also to Act No. 209/2020 Coll...

Czech State of Emergency to Continue until 17 May 2020.
Kocian Solc Balastik, May 2020

The state of emergency in the Czech Republic was extended until May 17, 2020. What does this mean?   At its meeting held on 28 April 2020, the Chamber of Deputies decided to extend the state of emergency until 17 May 2020. By Resolution No. 194 (published in the Collection of Laws under No...

COVID-19: Creation of the Health Committee and the Safety Plan for the Return to Business Activities
Morgan & Morgan, May 2020

In planning for the post-quarantine return to business activities, the Ministry of Labor (MITRADEL, for its initials in Spanish) based on Executive Decree No. 78 of March 16, 2020, has required business to create Special Committees on Health and Hygiene for the Prevention and Care of COVID-19. These committees must include representatives for both management and labor...

U.S. Government Issues Updated Sanctions Warning to Maritime Shipping Community; Recommends Best Practices to Mitigate Risk
Lowenstein Sandler LLP, May 2020

On May 14, 2020, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC), the Department of State, and the U.S. Coast Guard issued a Sanctions Advisory for the Maritime Industry, Energy and Metals Sectors, and Related Communities, reflecting increased scrutiny and enforcement attention by U.S. government agencies on curbing illicit shipping practices...

Romag Fasteners: SCOTUS Holds That Plaintiffs in Trademark Suits Need Not Show "Willful Intent" of Infringement to Recover Damages for Lost Profits
Lowenstein Sandler LLP, May 2020

In a recent unanimous decision in Romag Fasteners, Inc. v. Fossil, Inc., the U.S. Supreme Court brought some welcome clarity to the question of whether willfulness is required in order to recover an infringer’s profits under Section 35 of the Lanham Act, 15 USC § 1117(a),in infringement litigation. Section 1117(a) sets out the statutory requirements for recovery of acts of trademark infringement, unfair competition, and false advertising...

COVID-19: Modifications to the Strategy for the Reopening of Social, Education Aad Economic Activities
Basham, Ringe y Correa, S.C., May 2020

In today's Federation's Official Gazette (May 15th, 2020), the Ministry of Health issued modifications to the publication dated May 14th, 2020 in relation to the strategy for the reopening of social, education and economic activities in Mexico. Modifications are related to the activities that were added to the list of essential activities, namely those in the mining, construction and manufacturing in the transportation industries...

Minimizing Director Liability: Best Practices for PPP Recipients
Lowenstein Sandler LLP, May 2020

Congratulations–you have successfully received an SBA PPP loan! While you are likely thinking that the hard work is over, you are, unfortunately, wrong. The responsibilities of a PPP loan recipient extend beyond the four corners of the application, do not end upon receipt of the funds, and, likely, only lapse upon repayment of the loan in full...

A New Big Guarantee Scheme for SMEs and Large Enterprises
Cechova & Partners, May 2020

A new BIG GUARANTEE SCHEME was introduced in Slovakia in a form of (i) guarantees for bank loansand (ii) remissions of guarantee premiums as per new Temporary Framework for State aid recently adopted by the European Commission to support the economy in COVID-19 outbreak and via adoption of an amendment (the “Amendment”) to Act No. 67/2020 Coll...

Mexico: CENACE Publishes an Order to Suspend Pre-Commissioning Tests of Wind and Solar Power Plants
Haynes and Boone, LLP, May 2020

Within the context of the COVID-19 pandemic, the National Center for Energy Control (“CENACE”) notified users of the Market Information System of its “Order to guarantee the efficiency, quality, reliability, continuity and security of the National Electric System, motivated by the recognition of the epidemic of the illness caused by the SARS-CoV2 virus (COVID-19),” (the “Order”), via the Public Area of the Market Information System of its official web

Impact of Covid-19 on the Rental Housing Market and Latest Trends
Ellex Klavins, May 2020

In order to stem the spread of COVID-19 in Latvia the emergency situation is extended until 9 June 2020. Until then restrictive measures established by the Government that have serious impact on all sectors of the national economy shall be in effect. The rental housing market is no exception and has encountered a sharp drop in rent and significant changes to the situation on the lease market...

Metro Manila will be Under Modified Enhanced Community Quarantine (MECQ) from May 16 to May 31
SyCip Salazar Hernandez & Gatmaitan, May 2020

This is a briefing on the issuances of the Philippine government as of May 13, 2020 about the imposition of a modified enhanced community quarantine (MECQ) over Metro Manila and other high-risk areas in relation to the COVID-19 pandemic...

FAQ 46 & 47: Crime & Punishment (or the Lack of Either) for PPP Loans Large and Small
Lowenstein Sandler LLP, May 2020

With one day to spare before the May 14 “Limited Safe Harbor” expires, the SBA released FAQ #46 (May 13)to explain the process of how the SBA will review Paycheck Protection Program (PPP) loans. The new FAQ, unfortunately, prompts more questions than answers regarding risks around certifications required under the PPP...

COVID-19: Strategy for The Reopening of Social, Education and Economic Activities In Mexico
Basham, Ringe y Correa, S.C., May 2020

In the morning edition of the Federation’s Official Gazette of May 14, 2020, the Ministry of Health issued a resolution to establish the strategy for the reopening of social, educational and economic activities due to the Covid-19 pandemic, as well as a regional process to assess the epidemiological risk in each state based on a colored “traffic light” system, which will be in effect until the day the sanitary emergency is declared terminated...

Immigration Alert: USCIS Announces Temporary Policy Changes for J-1 Waiver Physicians during the COVID-19 National Emergency
Waller, May 2020

In light of the COVID-19 National Health Emergency, U.S. Citizenship and Immigration Services (USCIS) introduced temporary policies related to H-1B-sponsored physicians who are completing their three-year J-1 waiver service commitment requirements. The temporary policies relate to full-time work requirements and the ability of J-1 waiver-approved physicians to provide telehealth services...

CARES Act and Multifamily Housing
Haynes and Boone, LLP, May 2020

On March 27, 2020, Congress passed the Coronavirus Aid, Relief and Economic Security Act (the “CARES Act”). The CARES Act, among other things, aims to provide relief to tenants and borrowers who participate in HUD’s housing programs. This alert highlights those provisions that address such multifamily housing...

Mexico: Federal Strategy for Reopening of Activities
Haynes and Boone, LLP, May 2020

The order described below is a follow-up to the order published on April 21, 2020 (the “Order”), that extended the immediate suspension of all non-essential activities in the public, private, and social sectors until May 30, 2020. (Our alert on the Order can be found here)...

USPTO Further Extends Certain Deadlines in Response to COVID-19
Waller, May 2020

The United States Patent and Trademark Office (USPTO) issued a news brief in connection with a further extension of the relief provided under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The USPTO has offered patent and trademark applicants and owners an additional thirty (30) days in which to file certain documents and pay certain fees, extending the deadline set by the original notices to June 1st...

SBA Issues New Guidance on Certification of Necessity Safe Harbor
Haynes and Boone, LLP, May 2020

On May 13, 2020, the Small Business Administration (“SBA”) issued an update to the Frequently Asked Questions document (“FAQs”) relating to its Paycheck Protection Program (“PPP”), originally published on April 2, 2020 and updated regularly thereafter, providing additional guidance on the PPP Certification of Necessity Safe Harbor...

COVID-19: Practical Steps for Protecting Privacy while Contact Tracing
MinterEllisonRuddWatts, May 2020

The need to protect privacy while enabling contact tracing for COVID-19 cases is top of mind as more New Zealand businesses prepare to reopen their doors under Alert Level 2. While the basic requirements for contract tracing registers seem simple enough to follow, there are some practical steps businesses should take to ensure compliance with current privacy law...

FMA Level 2 Guidelines
MinterEllisonRuddWatts, May 2020

The Government has announced that New Zealand will be moving to COVID-19 Alert Level 2 at 11:59pm on 13 May 2020. While it is still not business as usual, Alert Level 2 will see an increase in business activity. The key, however, is to reduce the risk of transmission. In response, the Financial Markets Authority (FMA) has published guidelines (supported by WorkSafe) on how financial service businesses and staff should operate under Level 2...

Impact of COVID-19 on Holding the General Shareholders Meetings: New Temporary Measures for Non-Listed Companies Only
Nestor Nestor Diculescu Kingston Petersen, May 2020

The long-awaited government enactment on the holding of the general meeting of shareholders in the context of COVID-19 outbreak was finally passed in the form of the Government Emergency Ordinance No. 62/2020 that entered into force on May 8 (Ordinance 62)...

New "Fee" from Media Streaming Giants: Support for Polish Cinema or a Hidden Digital Tax?
Wardynski & Partners, May 2020

On 28 April 2020 a government bill including the proposed “Anti-Crisis Shield 3.0” was filed with the parliament. One of the proposals is to amend the Film Act to require providers of on-demand audiovisual media services to make quarterly payments to the Polish Film Institute equal to 1.5% of their revenue from fees for delivering content or for transmission of commercial messages, whichever figure is higher in agiven payment period...

Protection of Investments during the Pandemic
Wardynski & Partners, May 2020

The COVID-19 pandemic is paralysing the global economy, but it is not the virus itself preventing businesses from operating. States seeking to protect their citizens against danger are introducing unprecedented limitations on civil rights and freedoms, rendering operations in some sectors of the economy impossible. In other sectors, business has become more burdensome, costly or risky...

Getting Ready for Dawn Raids
Wardynski & Partners, May 2020

It is September 2020—hopefully a post-pandemic world. Your company has successfully weathered the storms of crisis, and social and economic life is slowly recovering its previous pace. Most people work at the office again, and you are on your way there. Before arriving at 9 am, you usually stop by the corner coffee place to have a morning espresso and browse the daily news. But at 8:15 am you get a call from the office...

Will the Right to Privacy be an Indirect Victim of COVID-19?
Wardynski & Partners, May 2020

The law is one of the main instruments of social impact, which is particularly evident in the midst of aglobal health crisis, when the situation and applicable regulations are changing every day. New statutes and regulations are key to maintaining the delicate balance between order and chaos, public and private interests, and the common good and individual rights...

EU Constitutional Order Forged before our Very Eyes
Wardynski & Partners, May 2020

On 5 May 2020 the German Federal Constitutional Court (Bundesverfassungsgericht or BVerfG) issued amuch-noted ruling in a case involving the Public Sector Asset Purchase Programme of the European Central Bank. The judgment has caused agreat stir, as the BVerfG expressly refused to comply with aruling by the Court of Justice of the European Union...

Is the Future of the European Green Deal Threatened by the COVID-19 Pandemic? Focus on the National Energy Sector
Nestor Nestor Diculescu Kingston Petersen, May 2020

In their attempt to reduce the spread of the new coronavirus pandemic of COVID-19 caused by the SARS-CoV-2 virus, governments throughout the European Union have imposed unparalleled measures with a strong impact on travel and economic activity. As the rate of new coronavirus infections started dropping across the European Union, governments and EU officials are looking for lockdown exit strategies and methods for boosting the currently stagnant economy...

Relief for Employee Benefit Plan Fiduciaries Due to COVID-19
Hanson Bridgett LLP, May 2020

The Department of Labor (DOL) has issued a "Relief Notice," providing ERISA plan fiduciaries additional time to furnish required notices and disclosures to participants and beneficiaries. For governmental plans that are not subject to ERISA, the U.S. Department of Health and Human Services will extend similar timeframes otherwise applicable under the Public Health Service Act...

This Pandemic will not Reverse Globalisation, but it will Threaten the Transnational Rule of Law
Wardynski & Partners, May 2020

It is a common concern among commentators on international relations that the COVID-19 pandemic will lead to deglobalisation. Indeed, the havoc wrought by the pandemic in the global economy raises some unsettling questions about the fragility of global supply chains, especially in critical industries, and about the interdependency of national economies. It is nudging sentiment towards reshoring, promoting domestic production and protectionism...

Witness Testimony in Times of Pandemic
Wardynski & Partners, May 2020

In March, the European Commission recommended that member states introduce temporary restrictions on travel to the European Union (through 15 May 2020). The vast majority of European countries coordinate border control measures at the EU level. States are again fencing their territories, suspending the free movement of persons also between regions...

COVID-19 Shutdown Showdown in Pennsylvania
Spilman Thomas & Battle, PLLC, May 2020

Lawmakers and citizens across the country are engaged in disputes over the breadth and duration of shutdown orders intended to slow the spread of the novel coronavirus. Pennsylvania was the first state, however, to have a case reach the U.S. Supreme Court where, despite a setback for the petitioners when their application for stay was denied, it remains pending. And, Pennsylvania may have the distinction of the most contentious dispute, as well...

New EU Rules to Protect Strategic Companies
Gianni, Origoni, Grippo, Cappelli & Partners, May 2020

“We continue to work closely with Member States to ensure that European businesses have access to urgently needed liquidity”, said the vice-president of the European Commission (“Commission”) Margrethe Vestager in connection with the amendment to the Temporary Framework on State aid adopted on 8 May 2020...

COVID-19 and Antitrust: The Measures Adopted by the Italian Competition Authority
Gianni, Origoni, Grippo, Cappelli & Partners, May 2020

1. Introduction The crisis caused by the Covid-19 pandemic has called for unprecedented measures also in relation to the enforcement of competition law. At the national level, the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato – “ICA”) has put in place several initiatives to support undertakings and protect consumers during the current emergency.   2...

Facilitations for Circular Resolutions in the Gmbh by the Covid Mitigation Act - Overview and Open Questions
Heuking Kühn Lüer Wojtek, May 2020

The Act to Mitigate the Consequences of the COVID-19 Pandemic in Civil, Insolvency and Criminal Procedure Law (“COVID-19 Act”) provides for the option of online general meetings (“virtual general meetings”) for AGs [stock corporations], which numerous small and large stock corporations, including DAX-listed corporations, are already frequently using...

Merger Control Regime Alert - May 2020
Rodrigo, Elias & Medrano Abogados, May 2020

Peruvian Government delays Merger Control Regime. On May 11, 2020, the Peruvian Government enacted Legislative Decree No. 1510 (“Legislative Decree”) which delays the entry into force of the new merger control regime approved by Urgent Decree Nº 013-2019 (“Urgent Decree”) until March 1, 2021 and the approval of the Urgent Decree’s regulations, originally expected by May, 2020, until November, 2020...

Powerful Business Response to Global Health Challenge
Nestor Nestor Diculescu Kingston Petersen, May 2020

Humanity needs from each of us unprecedented contributions to support and enhance healthcare systems’ response to the coronavirus threat. Money, good citizenship values, personal time, individual limitations and privations and brain waves, in any proportion, never amount for too much. Equally urgently needed is to contain irreversible disruptions in businesses and, thus, to protect communities and employees from shortages in food, health and education resources...

Ohio House Bill 197 Passed: What This Means for Workers’ Compensation
Dinsmore & Shohl LLP, May 2020

Effective March 27, 2020, the Ohio Legislature passed House Bill 197 as a direct response to Governor Mike DeWine’s executive order earlier that month. How has HB 197 changed Ohio workers’ compensation? Two main ways: permitting public meetings and “tolling” deadlines. PUBLIC MEETINGS Section 12 of HB 197 permits government agencies to convene via video conference through Dec. 1, 2020 (unless the COVID-19 emergency ends prior to that date)...

Quick Guide on How the Restart Office Work in Light of the Threat of the Coronavirus
Szecskay Attorneys at Law, May 2020

This is a brief summary of the most important issues employers should consider before deciding on the restart of the office work, taking the current pandemic into account. When deciding on getting back to office work, a gradual and proportionate approach is highly recommended, and employers should be prepared for a possible second wave of the pandemic as much as possible.  Organization of work 1...

Legal Feasibility of Electronic Signatures in the Republic of Panama
Morgan & Morgan, May 2020

Given the state of emergency declared by the Panamanian Government as a result of the COVID 19 pandemic, the stay at home orders issued by the health authorities and the social distancing that is essential to control the outbreak, the technological tools available for companies to operate remotely are vital...

Employee Benefit Plan Deadlines Extended Due to COVID-19
Hanson Bridgett LLP, May 2020

Key Points: Several key deadlines for employee benefit plan participants are being extended due to the COVID-19 pandemic under guidance issued by the U.S. Department of Labor (DOL) and IRS. The deadline extensions could impose significant administrative burdens on plans and plan sponsors. The Department of Labor (DOL) has issued new guidance extending key deadlines for participants in private sector plans subject to ERISA. For governmental health plans, the U.S...

Is Your Business Ready to Reopen? Five Regulatory Items You Should Consider as Your Business Reopens in Michigan
Dykema, May 2020

Phased reopening of the economy is beginning all over the country. Unfortunately, there is no consistent or uniform way in which reopening is being handled. Every business should closely review not only state-level restrictions as they reopen but also local-level restrictions and federal guidance as well. Compliance with these requirements is not only important from a regulatory standpoint but also may help limit liability...

An Examination of the Measures to Mitigate the Impact of Covid-19 on Taxpayers in Nigeria
AELEX, May 2020

As Covid-19 continues to impact all aspects of our lives, taxpayers are rightly seeking emergency tax measures to mitigate the impact of Covid-19 on their businesses. We examine below the measures that have been introduced to mitigate the impact on taxpayers...

SIH Anti-Corona Guarantee
Cechova & Partners, May 2020

Slovak Investment Holding, a.s. (“SIH”) has launched the SIH Anti-Corona Guarantee as a new financial instrument employing European Structural and Investment Funds to help small and medium-sized enterprises (the “SMEs“) in Slovakia to overcome the financial difficulties and liquidity problems caused by the COVID-19 crisis and to help preserve employment and retain jobs...

Amendments to the Operating License Framework Act and the General Administrative Procedure Act are approved
Rodrigo, Elias & Medrano Abogados, May 2020

Amendments to the Operating License Framework Act and the General Administrative Procedure Act are approved Today, May 10, Legislative Decree No. 1497 has been published, a standard that approves measures to promote and facilitate regulatory conditions that contribute to reduce the impact on the economy due to the health emergency caused by COVID-19, for which the Operating License Framework Act and the General Administrative Procedure Act have been amended accordingly...

Financial Relief for Media and Telecom Players
Nestor Nestor Diculescu Kingston Petersen, May 2020

As a result of the evolution of the international epidemiological situation determined by the spread of SARS-CoV-2 coronavirus and considering the state of emergency declared by Decree no. 195/2020 on the establishment of the state of emergency on the territory of Romania, as well as its extension by Decree no. 240/2020 regarding the extension of the state of emergency on the territory of Romania, the Romanian Government recently issued the Emergency Ordinance no...

COVID-19: Employment Law in Japan - Some Key Questions
Atsumi & Sakai, May 2020

The sudden onset of the Covid-19 emergency has caused significant disruption across swathes of the Japanese economy and raised novel and urgent questions for employers as they seek to handle the challenges they face, whilst balancing the protection of their business and their obligations to their workers. This memorandum briefly addresses a number of key employment law issues and questions...

COVID 19: Force Majeure in Japan - Some Key Questions
Atsumi & Sakai, May 2020

The sudden onset of the Covid-19 emergency has caused significant disruption across swathes of the Japanese economy and raised novel and urgent questions for businesses as they seek to handle the challenges they face, whilst balancing the protection of their businesses and their obligations to their customers, suppliers, and banks, etc. This memorandum briefly addresses a number of key issues and questions relating to force majeure under Japanese law...

If the Economic Relief Measures Implemented by the Romanian State do not Suffice, What to do Next?
Nestor Nestor Diculescu Kingston Petersen, May 2020

Same as most of the states where SARS-CoV-2 crisis emerged, Romania has adopted a quite extensive package of measures meant to sustain the shaken economy pending the cease of the emergency state. In this context, the Romanian Government regulated and is still implementing certain specific measures for easing the economic burden on companies during the state of emergency...

COVID-19 Update: IRS and DOL Extend COBRA and Other Benefit Plan Deadlines During the Pandemic Outbreak Period
Patterson Belknap Webb & Tyler LLP, May 2020

On April 28, 2020, the Employee Benefits Security Administration, the Department of Labor, the Internal Revenue Service, and the Department of the Treasury (the “Agencies”) signed a joint notification of relief, which was published in the Federal Register on May 4, 2020 (the “Notice”)...

Due to the COVID-19 Crisis, The European Commission has Adopted Temporary Derogations from Certain Competition Rules in the Dairy, Flower, and Potato Sectors
ALTIUS/Tiberghien, May 2020

 On 30 April 2020, the European Commission adopted three implementing regulations allowing temporary derogations from the strict cartel prohibition provided for by EU competition law in three specific agricultural sectors: dairy, potato and live plants and flowers. The latter sector is said to broadly cover “live trees and other plants, bulbs, roots and the like, cut flowers and ornamental foliage”...

COVID-19 Outbreak: Aid Measures in the Cultural Sector
ALTIUS/Tiberghien, May 2020

To limit the spread of Covid-19, all indoor and outdoor private and public cultural, festive, recreational, leisure and sport activities /events are prohibited until at least 10 May 2020 (included). Sport activities without physical contact and with a maximum of three persons are already allowed from 4 May 2020. Museums might be allowed to re-open from 18 May 2020 under strict conditions...

British Columbia Employers Announces Temporary Ability to Extend COVID-19 Related Layoffs
Lawson Lundell LLP, May 2020

On May 4, 2020, the B.C. government passed an Order in Council to add a new provision to the BC Employment Standards Regulation (the “Regulation”) during the current provincial state of emergency. Temporary layoffs related to COVID-19 can now last up to 16 weeks in a 20 consecutive week period without triggering termination of employment. This is the second change to B.C. employment standards legislation since the start of the COVID-19 pandemic...

Potential Liabilities for Directors in Insolvency: Considerations for Directors of Companies Facing COVID-19 Induced Insolvency
Lawson Lundell LLP, May 2020

The global pandemic of the disease caused by a novel coronavirus, COVID-19, has caused unprecedented disruption to global supply chains and consumer demand and resulted in government-mandated restrictions to almost all businesses. Many companies, small and large, are facing insolvency and forced to make rapid decisions about what steps that they should take. Directors of companies have certain obligations under both common law and the laws of Canada and the provinces...

Minimizing Legal Risks under COVID-19 - ALRUD’s Practical Guidance
ALRUD Law Firm, May 2020

The global spread of COVID-19 coronavirus infection has led to significant changes in social, political and economic processes in Russia and around the world. Government authorities are responding and introducing measures to combat the spread of coronavirus infection to ensure sustainable economic development and support to citizens in the face of the pandemic...

CMS-Mandated COVID-19 Reporting Requirements and Enforcement Actions Coming for Skilled Nursing
Hanson Bridgett LLP, May 2020

Key Points Facilities will have until the week ending June 7, 2020 to report specific COVID-19 data to the CDC or face the assessment of deficiencies and CMPs. Facilities are now required to notify residents, their representatives, and families when the facility has a confirmed COVID-19 infection or 3 instances of new onset respiratory symptoms within 72 hours...

Buchalter Client Alert COVID-19: Did you Receive a Deposit from HHS? Before you Spend it, Read This
Buchalter, May 2020

In addition to proceeds from the U.S. Small Business Administration’s (“SBA”) Payment Protection Program and the Centers for Medicare & Medicaid Services’ (“CMS”) Accelerated and Advance Payment Program, the U.S. Department of Health & Human Services (“HHS”) recently deposited $80 billion into health care providers’ bank accounts as part of its Provider Relief Fund...

IRS Updates Guidance on Employee Retention Credits – What Employers Need To Know
Dykema, May 2020

On April 29, 2020, the Internal Revenue Service (“IRS”) issued updated guidance in the form of 94 Frequently Asked Questions (“FAQs”) in connection with the employee retention credits (“ERC” or “credits”) which are available to eligible employers pursuant to Section 2301 of the Coronavirus Aid, Relief and Economic Recovery Act, Pub. L. No. 116-136 (“CARES Act”)...

Bringing Employees Back to Work Post-COVID-19: What Is Michigan’s Work Share Program and Should Employers Take Advantage of It?
Dykema, May 2020

As Michigan employers begin to think about how many employees to bring back to work, one option to consider is Michigan’s Work Share program, whereby total work hours are spread across a large group of employees as opposed to having fewer employees return to work on a full-time basis...

National Hydrocarbons Commission Extension of the Suspension for Terms and Proceedings
Basham, Ringe y Correa, S.C., May 2020

On May 06, 2020 the National Hydrocarbons Commission (“CNH) published in the Federal Official Gazette an administrative resolution declaring the extension of the suspension of all terms and proceedings before such authority until May 31, 2020. The above determination was made considering the sanitary emergency that Mexico and the world is facing in connection with the disease known as coronavirus or COVID-19...

Resolution to Guarantee the Efficiency, Quality, Continuity and Safety of the Electric National System
Basham, Ringe y Correa, S.C., May 2020

On April 29, 2020, the National Center of Energy Control (“CENACE”) released an administrative resolution (the “Resolution”) to guarantee the efficiency, reliability, quality, continuity and safety of the Electric National System due to the pandemic disease COVID-19...

Tips For Applying COVID - 19 Stark Law Waivers
Bradley Arant Boult Cummings LLP, May 2020

Among the many extraordinary measures taken by the federal government in response to the COVID-19 pandemic is the issuance of blanket waivers of certain provisions of the federal self-referral prohibition commonly known as the Stark Law. The waivers loosen significant restrictions on physician financial relationships in an effort to provide health care providers with greater flexibility to meet the challenges of the pandemic...

Is There a Law in China Similar to the US Defense Production Act?
Haynes and Boone, LLP, May 2020

Although there is no law or regulation in the People’s Republic of China that explicitly parallels the US Defense Production Act of 1950 (“DPA”), as an economy with many remaining elements of state control, there are ample administrative measures, regulations and judicial precedents in China allowing the government to overrule outstanding production plans and contracts by mandating, controlling, allocating and prioritizing production of critical supplies...

The Impact of COVID-19 on Media and Entertainment Industry Transactions
Haynes and Boone, LLP, May 2020

As recently reported in the Los Angeles Times, the media and entertainment industry has been significantly impacted by the new normal presented as a result of COVID-19.1 Production studios, live theaters, cinemas, concert venues, and other media and entertainment companies are considering all of the ramifications of reopening business operations. The industry must also address long-term implications of COVID-19 for business growth through new business models and processes...

The Best Offense is a Good Defense - Considering a Rights Plan in Light of COVID-19
Haynes and Boone, LLP, May 2020

Boards of directors of public companies have a lot on their minds today as they navigate the unprecedented circumstances resulting from the novel coronavirus (“COVID-19”) pandemic—from precipitous drops in revenues as businesses are shuttered, to supply chain disruption, to difficulties in making debt payments, to labor challenges, among many others...

Checklist Part II: OSHA and Safety Issues Regarding COVID-19 When Returning to Work
Haynes and Boone, LLP, May 2020

As more employers re-open or are in the process of re-opening for business, they are following the current guidance for preventing the spread of coronavirus infection in the workplace by, among others, ensuring good hygiene practices, requiring social distancing, and screening employees for the COVID-19 illness...

Coronavirus: Measures for the Tourism Sector
PLMJ, May 2020

A state of emergency was declared in Portugal by Decree of the President of the Republic 14-A/2020 of 18 March and this was renewed by Decree of the President of the Republic 20-A/2020 of 17 April. Following this declaration, exceptional and temporary measures have been adopted in relation to the COVID-19 pandemic...

Coronavirus: Startups Relief Measures
PLMJ, May 2020

Startups relief measures and measures to strengthen the position ofPortugal as a leading international technological hub.On 21 April, the Ministry of Economy and Digital Transition announced a set of relief measures specifically addressed to Portugal’s more than 2500 startups, to mitigate the impact of Covid-19 on the national entrepreneurial ecosystem...

Coronavirus: Exceptional Measures Applicable to Social Economy Entities
PLMJ, May 2020

In the context of the Covid-19 legislative process, entities representing the social economy or what is often known as the third sector have already benefited from some consideration by the legislature. Certain legal arrangements have been drawn up to identify the needs and protect against the weaknesses of this charitable / socially supportive economic cluster...

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...

Coronavirus: CMVM - Time Limits for Money Laundering and Terrorist Financing Reports
PLMJ, May 2020

On 5 March, the CMVM published Regulation 2/2020 on the Prevention of Money Laundering and Terrorist Financing, to provide the regulations under Law 83/2017 of 18 August. The CMVM did this as the sector regulator responsible for supervising financial entities including investment companies, investment fund management companies, venturecapital companies, and securitisation companies...

Understanding the COVID-19 'JobKeeper Payments'
MinterEllison, May 2020

Many employers have been considering workforce changes to address the economic downturn and cash flow issues caused by COVID-19. Yesterday's announcement by the Federal Government about wage subsidies (known as 'JobKeeper Payments') has been welcomed by employers and unions, and should be closely considered by employers before implementing any changes. It has been reported that 8,000 businesses lodged an application for the subsidy in the 50 minutes that followed the announcement...

COVID-19: Measures Related to Leases and Evictions
Morgan & Morgan, May 2020

Through Executive Decree No. 145 of 1 May 2020 (the “Executive Decree”), enacted in Official Gazette 29,015 of the same date, the Panamanian Government established certain measures related to lease agreements and eviction procedures...

New Measures Implemented by the UAE Authorities in Response to COVID-19 [7 May 2020]
Afridi & Angell, May 2020

Below is a summary of key new measures that have been implemented by various UAE authorities since 30 April 2020 and the time of this inBrief, 12:00 noon on Thursday, 7 May 2020.   I. Economic Relief Measures A...

EEOC Delays EEO-1 Filing Obligations Due to COVID-19
Spilman Thomas & Battle, PLLC, May 2020

The U.S. Equal Employment Opportunity Commission (“EEOC”) is delaying data collection for their annual EEO-1 Report filing. The EEO-1 Employer Information Report, is a survey that is required annually for larger employers and government contractors. The survey collects employment data organized by race, ethnicity, gender, and job category...

Businesses Beware: PPP and Payroll Tax Incentives Often Don’t Play Well Together
Bradley Arant Boult Cummings LLP, May 2020

The landmark CARES Act provides many Alabama employers with several options to increase liquidity and cash flow during the time of the COVID-19 pandemic. And only nine days before that legislation was enacted, the Families First Coronavirus Response Act (FFCRA) also created two other payroll tax-related incentives for certain employers, and self-employed individuals...

Automotive Manufacturing Workers Allowed to Resume Work Next Week in Michigan
Dykema, May 2020

Michigan Governor Whitmer signed Executive Order 2020-77 today, permitting manufacturing workers to resume work as part of the MI Safe Start Plan. Manufacturing workers, including workers in the automotive industry, are allowed to resume work on May 11, 2020, one week ahead of the planned restart date of certain Michigan automakers. See Executive Order No. 2020-77, Section 10(k)...

Paycheck Protection Program Loan Forgiveness Not Impacted by Employees Who Won’t Return to Work, If Properly Documented
Dykema, May 2020

As borrowers use their loan proceeds from the Paycheck Protection Program (PPP) to continue or restore payroll and call back laid-off employees, they may encounter reluctance or refusal by employees to return to work, which could impede borrower’s ability to obtain full forgiveness on their PPP loan...

Dykema Real Estate and Tax Alert: 2020 Tax Appeal Season Is Upon Us, and Deadlines Are Quickly Approaching
Dykema, May 2020

Deadline to File Appeal With the Michigan Tax Tribunal Is Quickly Approaching The deadline for filing petitions for new 2020 tax appeals with the Michigan Tax Tribunal is May 31, 2020...

Semarnat Publishes Accords by Means of which it Extends the Suspension of Terms for Purposes of Acts and Administrative Procedures due to the Pandemic
Basham, Ringe y Correa, S.C., May 2020

In April 2020, SEMARNAT published the Accord by means of which the public is made aware of the days that will be considered as non-business days for purposes of the acts and administrative procedures...

COVID-19 Webinar Series: What Now? Auto Repossessions and Collections After the Quarantine Ends Webinar Recording
Bradley Arant Boult Cummings LLP, May 2020

Now that it appears the COVID-19 quarantine may be on the verge of ending, there are issues to consider before re-starting collection operations. When is too soon? Are there any special notices that could or should be sent? What about voluntary surrender of collateral during shelter in place? We will address these issues as well as lien priority and credit reporting...

Could Retention of PPP Loan Funds Create False Claims Act Liability?
Haynes and Boone, LLP, May 2020

The Paycheck Protection Program (“PPP”) is intended to provide nearly $700 billion of economic relief to small businesses adversely affected by COVID-19...

Federal Reserve Board Announces Revised Terms for the Main Street Lending Program
Haynes and Boone, LLP, May 2020

On April 9, 2020, the Board of Governors of the Federal Reserve System (the “Board”) announced the establishment of the Main Street Lending Program (“Main Street Loan Program”), an up to $600 billion lending program for mid-size businesses...

COVID-19: Measures Adopted by the SMV Regarding Regulated Entities
Morgan & Morgan, May 2020

Panama, May 4, 2020. The Superintendence of the Securities Market (the “SMV”) has implemented measures that allow its regulated entities to continue with their financial activities that, in accordance to the Executive Decree No° 507 of 24 March 2020, are exempted from the measures adopted by the Executive Branch for the COVID-19 pandemic. Remote Working In accordance to General Resolution SMV No...

COVID-19: Measures Taken by the SMV, BVP and Latinclear Regarding Service to the Public and Presentation and Process of Filings
Morgan & Morgan, May 2020

Superintendence of the Securities Market The Superintendence of the Securities Market (the “SMV”) has established the following measures for working hours and presentation and process of filings before such entity as part of the governmental effort to avoid the spread of COVID-19:[1] Maintain the special working hours of the SMV from 8:00 a.m. to 12:00 p.m. until there is a new announcement by the SMV...

Depositions in the COVID-19 Era
Spilman Thomas & Battle, PLLC, May 2020

COVID-19 has caused a swift and unprecedented change to many social institutions in the United States (and worldwide). As a result, lawyers have been compelled to adopt new practices and policies to face the challenges of this time. No discipline has been changed quite as much, however, as that of the litigator. COVID-19, for example, has changed the way depositions will look for the immediate future...

Report of the Department of Environmental Law: Valid Certificates, Presentations, Extension of Attention to the Public
Beccar Varela, May 2020

The President of the Environmental Protection Agency of the Autonomous City of Buenos Aires (“APrA”), through resolution No 106/2020. ordered (i) To extend, for a period of ninety consecutive days, the validity of the certificates and the corresponding presentations to the administrative processes, whose maturities operate between March 16 and May 31, 2020...

IRS Issues Guidance on Telephonic Public Hearings for Qualified Private Activity Bonds
Dinsmore & Shohl LLP, May 2020

In light of the restrictions on gatherings imposed in many states due to the COVID-19 pandemic, the IRS has issued Revenue Procedure 2020-21, which will temporarily allow public hearings to be held by teleconference. For the purposes of IRS rules, teleconference hearings will be permitted in all jurisdictions, regardless of any state or local orders or guidance on public gatherings...

Dinsmore Earns Temporary Case Closure for Client Facing COVID-19 Financial Burden
Dinsmore & Shohl LLP, May 2020

Many clients who are engaged in litigation may also now be facing the added burden of decreased cash flow due to the economic crisis created by the COVID-19 pandemic. While courts around the country may view the situation differently, Dinsmore attorneys were recently able to help a corporate client obtain an early, administrative closure of their case due to the economic crisis they are experiencing at this time...

Return to Work: Top 5 Employer Policies for Employees Using Their Own Devices
Dinsmore & Shohl LLP, May 2020

As some businesses are reopening while COVID-19 plateaus, many employees are splitting time between working from home and working in the office. Those same employees are often using their own devices (phones, tablets, laptops etc.) in both places. The use of personal devices in a work setting can increase risk of a data breach...

Federal Reserve Updates and Expands Loan Options of Main Street Lending Program
Dykema, May 2020

On April 30, 2020, in response to public input, the Federal Reserve Board announced it is expanding the loan options available to businesses under the Main Street Lending Program and published a related FAQ...

An Alternative to CARES Act Relief SEC Issues Temporary Crowdfunding Rules Amendment
Waller, May 2020

On May 4, 2020, the U.S. Securities and Exchange Commission (SEC) announced a temporary final rule amending certain rules that apply to securities offerings initiated under Regulation Crowdfunding between May 4, 2020 and August 31, 2020...

Guide on the Extraordinary Measures for the Restriction of the Proliferation of COVID-19 to Businesses and Labour Relations in Cyprus
Chrysostomides Advocates and Legal Consultants, May 2020

Fiscal Support Schemes Full suspension of operations Companies the operations of which were mandatorily suspended, pursuant to the pertinent Decisions of the Council of Ministers and decrees of the Minister of Health, includinginter aliashopping centres, department stores, cafes, coffeehouses, bars and all catering businesses (excluding delivery services), entertainment venues, cinemas, theatres, performance venues, libraries, museums, archaeological and historical sites, bookies, cas

COVID-19: The European Commission issues Guidance on the use of the FDI Screening Regulation
Chrysostomides Advocates and Legal Consultants, May 2020

The Commission has for some time now been focusing on acquisitions of EU companies active in critical industries, especially those that are State-owned, by non-EU companies. In order to control them, it has adopted a foreign direct investment (“FDI”) screening coordination mechanism by virtue of Regulation (EU) 2019/452 of the European Parliament and of the Council of 19 March 2019 (“FDI Screening Regulation”)...

Cyprus: Rent Control Law and the COVID-19 Pandemic
Chrysostomides Advocates and Legal Consultants, May 2020

The property rental sector and the relation between Landlords and Tenants could not remain unaffected by the current Covid-19 pandemic, and there is a need to protect Tenants from eviction proceedings due to their inability to pay rent during the pandemic and the period during which emergency lockdown measures are imposed by the Government of Cyprus. Within the framework of this reasoning, the Rent Control Law (Temporary Provisions) of 2020 was entered into force...

COVID-19: Update on Immigration and Labor Immigration
Morgan & Morgan, May 2020

The National Immigration Authority and the Ministry of Labor extend the measures taken as a result of the State of Emergency due to the COVID-19 pandemic. Residence permits are extended up to May 15th. This extension is in force since March 13th. Reference is made to all permits and tourist stays that expire within the aforementioned period and will not give rise to fines due to expiration...

Expenses Paid by PPP Loan, Which Is Subsequently Forgiven, Are Not Deductible
Dykema, May 2020

On April 30, 2020, the Internal Revenue Service (“IRS”) issued Notice 2020-32, 2020-21 I.R.B. 1, providing guidance on the deductibility of certain expenses incurred pursuant to the Paycheck Protection Program (“PPP”) of the Coronavirus Aid, Relief and Economic Security Act, Pub. L. No. 116-135 (“CARES Act”)...

Bay Area Counties Issue New Orders Permitting Construction to Resume with Conditions
Hanson Bridgett LLP, May 2020

Key Points:  Bay Area counties issued new Shelter Orders on April 29, 2020 allowing all construction to resume. The new Shelter Orders include detailed Construction Safety Protocols that construction jobsites must comply with. There is one Construction Safety Protocol for “small” construction projects, and a more rigorous Construction Safety Protocol for “large” construction projects...

Financial Market Commission Issues Regulation Regarding the Treatment of Provisions and Information Requirements for Covid-19 Loans
Carey, May 2020

These provisions will apply until October 31th, 2021. The Financial Market Commission (CMF) reports that its Council approved on April 30th, 2020 a regulation (Circular No. 2,252), containing provisions for banks with regard to Covid-19 loans from the Guarantee Fund for Small and Medium-Sized Companies (FOGAPE)...

Subsecretary of Fishing and Aquaculture Extends Plantation Terms and Provides Recommendations to Operate
Carey, May 2020

In the context of COVID-19, the Undersecretary of Fishing and Aquaculture (Subpesca) issued Resolution No. 1068 (Res. 1068), which provides the extension in a month, of the terms for sanitary rests and harvest regulated in articles 23 Ñ and 23 R of Supreme Decree No. 319/2001, Sanitary Regulation for Aquaculture, in all farming centers. Recommendations In addition, by means of Res...

Section 301 Tariff Update: USTR Now Accepting List 3 Exclusion Extension Comments
Lowenstein Sandler LLP, May 2020

The Office of the United States Trade Representative (USTR) is now accepting comments regarding the possible extension of List 3 product exclusions that are set to expire on August 7. Companies are invited to submit comments on whether particular List 3 product exclusions granted between August 2019 and March should be extended. (USTR is not currently considering the extension of List 3 product exclusions granted after March...

COVID-19 Return-to-Work Legal and Business Guidance: Development of a Customized "Playbook"
Spilman Thomas & Battle, PLLC, May 2020

Our COVID-19 Task Force stands ready to assist with developing your customized "playbook" for helping your business return to the new normal.   Below are a few recent articles Spilman has published, along with a link to a recent webinar...

Pennsylvania Update: Guidance Issued for Businesses as 24 Counties Move to the Yellow Phase of the Reopening Plan
Spilman Thomas & Battle, PLLC, May 2020

Governor Wolf has selected 24 counties for movement from the red phase to the yellow phase of the reopening plan. Once a business is permitted to open in-person operations, they must comply with certain requirements that are set forth in a guidance document available here.   The Guidance references certain orders and documents issued by the PA Department of Health, PA Department of State and Governor's Office...

Healthcare Fraud Enforcement in the Era of COVID-19
Bradley Arant Boult Cummings LLP, May 2020

In the midst of a global pandemic, much attention and praise are rightfully being showered on healthcare and pharmaceutical providers. While the world watches with awe at the sacrifices that pharmaceutical and healthcare providers are making during this difficult time, government prosecutors too are watching—albeit for a different reason...

Online Dispute Resolution Scheme (ODR)
Deacons, May 2020

As part of its unprecedented relief package to alleviate the impact of COVID-19, the Hong Kong Government is launching the Online Dispute Resolution (ODR) Scheme (Scheme)...

Promotion of Technologies to Ease Interaction with Public Entities
Brigard Urrutia, May 2020

Promotion of technologies to ease interaction with public entities Government establishes general guidelines for use of digital citizen services, in order to facilitate citizen interaction with public entities. The Ministry of ICT issued Decree 620 of 2020 to establish general guidelines that private (when performing administrative functions) and public entities must follow in the use and operation of digital citizen services...

Protocols for the Reactivation of the Construction Sector
Brigard Urrutia, May 2020

The Ministry of Health and Social Protection was given the authority to determine and issue biosecurity protocols to mitigate, control, prevent the spread and properly manage the COVID-19 Coronavirus pandemic. It is necessary to emphasize that all companies that reactivate their work must establish timely channels of communication between the employer and the worker to notify suspicious cases...

Tennessee Restaurants Reopening: What Can We Do Besides Eat
Waller, May 2020

Restaurants and other establishments that serve a menu of food were allowed to open in Tennessee beginning April 27. Memphis and Nashville remain closed. We have been fielding questions about what else customers are allowed to do besides eat, including playing cornhole or ping-pong or being entertained by a live comedian...

COVID-19 Contact Tracing - Will a Contact Tracing App Replace the Need for a Register?
MinterEllisonRuddWatts, May 2020

With the country now in Alert Level 3 and Alert Level 2 on the horizon, many businesses will be gearing up to welcome their customers physically back onto their premises in some way. At the same time, the Government has foreshadowed a continued focus on contact tracing for the foreseeable future...

Package Travel Directive – COVID-19 Adjustments Strongly Needed
Nestor Nestor Diculescu Kingston Petersen, May 2020

COVID-19 hit worldwide tourism at unprecedented level...

Mining Secretariat Resolution No. 15/2020 – Authorization of Remote Filings, of the Electronic Document Management System Regarding the Tax Breaks Provided by the Mining Investment Law on the Import of Equipment and Supplies for Mining
Beccar Varela, May 2020

The purpose of Resolution No. 15/2020 is to implement the remote filing related to the tax break provided by the Mining Investment Law No. 24.196 (“LIM”) regarding the import of equipment and supplies for mining. It is necessary to bear in mind that Resolutions No...

COVID-19: Publication of Royal Decree-Law Mapping Steps to be Followed in Justice System Procedures
Garrigues, May 2020

We analyze Royal Decree-Law 16/2020, of April 28, 2020, published in the April 29 edition of the Official State Gazette (BOE), adopting procedural and organizational measures to confront COVID-19 (RDL 16/2020). And entering into force on April 30, 2020 (the day after its publication in the Official State Gazette)...

New Employment Standards Leaves for COVID-19 & Their Impact on Pension & Benefit Plans
Lawson Lundell LLP, May 2020

In response to COVID-19, the federal government and the provinces have introduced various measures to mitigate the financial impact across the country. One of these measures is the introduction of a new type of type of unpaid, job-protected leave related to COVID-19. As of the date of this bulletin, BC, Alberta, Saskatchewan, Manitoba, Ontario, New Brunswick, Newfoundland, and the federal government have introduced these new leaves...

EEOC Issues Guidance on the Permissibility of Mandatory COVID-19 Testing in the Workplace
Patterson Belknap Webb & Tyler LLP, May 2020

On April 23, 2020, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued new guidance clarifying that employers may conduct mandatory testing of employees for COVID-19 before they enter the workplace so long as the testing is “job related and consistent with business necessity...

Reopening Of Courts In GCQ Areas; Bayanihan Act IRRs
SyCip Salazar Hernandez & Gatmaitan, May 2020

This is a briefing on the following issuances as of May 4, 2020 in relation to the COVID-19 pandemic:A. Courts in Areas under General Community Quarantine (GCQ) to Reopen on May 4, 2020B. Reduced Bail and Release on Recognizance for Indigent DetaineesC. Bayanihan Act IRRs and Other IssuancesA. Courts in Areas under General Community Quarantine (GCQ) to Reopen on May 4, 2020Supreme CourtAdministrative Circular No...

Review Periods for Merger Control to be Temporarily Extended
Heuking Kühn Lüer Wojtek, May 2020

On May 29, 2020, the “Act to Mitigate the Consequences of the COVID-19 Pandemic in Competition Law” entered into force. It includes provisions for a one-off extension of the examination periods of the Federal Cartel Office in the context of merger control. This applies exclusively to the examination periods for merger control notifications received by the Federal Cartel Office between March 1 and May 31, 2020...

Drafting Contractual Force Majeure And Corona Clauses for the Post-Pandemic Period
Heuking Kühn Lüer Wojtek, May 2020

The COVID-19 pandemic distinctly reminds us that during their term, contracts may be exposed to influences beyond the parties’ control, which may unforeseeably complicate their performance or make it impossible. Examples include civil wars, natural disasters, terrorist attacks, or pirate attacks on cargo ships...

24 Pennsylvania Counties Selected to Start the Reopening Process on May 8
Spilman Thomas & Battle, PLLC, May 2020

Governor Wolf announced that 24 Pennsylvania counties will move from the red phase to the yellow phase of the reopening plan beginning at 12:01 a.m. Friday, May 8. The 24 counties announced today are: Bradford, Cameron, Centre, Clarion, Clearfield, Clinton, Crawford, Elk, Erie, Forest, Jefferson, Lawrence, Lycoming, McKean, Mercer, Montour, Northumberland, Potter, Snyder, Sullivan, Tioga, Union, Venango and Warren...

The Department of Justice Weighs in on State Shutdown Orders
Spilman Thomas & Battle, PLLC, May 2020

On Wednesday, April 27, 2020, Attorney General Bill Barr issued a memorandum “directing each of our United States Attorneys to also be on the lookout for state and local directives that could be violating the constitutional rights and civil liberties of individual citizens.” Attorney General Barr specifically called out “discrimination against religious institutions and religious believers...

Unprecedented: COVID-19 Litigation Trends for April 24-May 3, 2020
Spilman Thomas & Battle, PLLC, May 2020

Our updates about “The REAL Trending Litigation Topics Regarding COVID-19” are now called Unprecedented to reflect the development and adaption of legal theories to address the unprecedented impact from COVID-19. Although the name is new, Unprecedented will continue to bring you the most up-to-date trends in COVID-19 litigation each week. With the first full month of government-imposed shutdowns behind them, some parts of the country are starting to gradually reopen...

Easing of Restrictions on Michigan Construction Industry to Go Into Effect on May 7, 2020
Dykema, May 2020

The fight against COVID-19 has had a serious impact on businesses across the nation, and the construction industry is no exception. May 1, 2020, marked a step toward a new normal as Michigan Governor Gretchen Whitmer signed Executive Order 2020-70 easing restrictions on construction projects. The Governor’s office also issued a press release explaining how the Order applies to work on construction projects...

A Role for Water Treatment Systems in Fighting the COVID-19 Pandemic
Hanson Bridgett LLP, May 2020

Key Points Monitoring the movement of the COVID-19 virus in untreated wastewater may provide useful information in tracking the spread of the disease. Current methods for treating wastewater supplies appear to be sufficient to protect against further spread of COVID-19. In the absence of widespread testing and contact tracing, could untreated wastewater hold the key to tracking the spread of COVID-19? Increasingly, the answer appears promising...

New Temporary Measures Implemented by the National Institute of Industrial Property (CLPTO) due to National Pandemic Contingency for COVID-19
Carey, May 2020

On April 30, 2020, the CLPTO announced the temporary application of new measures issued in relation to deadlines, procedures and legal requirements in administrative and contentious processes, with the aim of facilitating the compliance of legal obligations by applicants and users. Previously, the CLPTO had granted ex officio, through the Exempt Resolution No...

Sustainable Capitalism
TSMP Law Corporation, May 2020

Covid-19 is upending capitalism as we know it. Amid the pandemic, how can businesses rewrite their rule books so as to emerge stronger? Americans have allegedly outbid the French for masks “right on the tarmac” just as the goods were to be flown off to their destination. From Amazon to Rakuten to Carousell, traders exploited fears by price-gouging on masks and hand sanitisers...

IRS Regulations Are at Odds with CARES Act Regarding Taxability of Paycheck Protection Loans
Dinsmore & Shohl LLP, May 2020

The IRS has issued Notice 2020-32 addressing the ability to deduct expenses paid with proceeds of Paycheck Protection Program loans. Under Section 1102 of the CARES Act, qualifying businesses are eligible for Small Business Administration Paycheck Protection loans of up to 2.5 times their average monthly payroll, calculated as defined in the Act...

Buchalter Client Alert COVID-19: New Guidance on Main Street Loan Program for Small and Medium Sized Businesses
Buchalter, May 2020

The Federal Reserve has published more detailed information about the soon to be launched Main Street Lending Program (MSLP) designed to assist businesses with up to 10,000 employees or up to $2.5 billion of annual revenue which have been impacted by the COVID-19 pandemic...

Addendum No. 11 of the PPAA
Brigard Urrutia, May 2020

Despite the fact that the fall in oil prices and the health crisis caused by COVID-19 have severely hit the hydrocarbon industry worldwide, the National Hydrocarbon Agency ("ANH") published on April 28, 2020 the Addendum No 11 through which it modified the schedule of the Permanent Area Allocation Process (“PPAA”), thus ratifying the interest of the National Government in this industry...

Biosecurity protocol for building construction
Brigard Urrutia, May 2020

The Ministry of Health and Social Protection issued Resolution 682 adopting the biosecurity protocol for the control and management of COVID-19 in the building construction sector. This protocol is complementary to the general biosecurity protocol adopted through Resolution 666 of 2020 and to other measures implemented by each company. This biosecurity protocol includes the following measures: 1. General biosecurity measures 2. Additional measures 2.1...

ACA International v. Healey - Will Massachusetts' Debt Collection Freeze Hold Up To Constitutional Heat?
Spilman Thomas & Battle, PLLC, May 2020

A number of states have issued executive orders or other emergency declarations to provide relief from certain debt collection practices in the wake of the COVID-19 crisis. Such measures include ceasing new wage attachments and vehicle repossessions, etc. None have been as comprehensive as the regulation issued by Massachusetts Attorney General, Maura Healey, on March 26, 2020...

COVID-19 WATCH LIST – Senators Warren and Brown Propose Pausing All Debt Payments
Spilman Thomas & Battle, PLLC, May 2020

Sen. Elizabeth Warren (D-Mass.) and Sen. Sherrod Brown (D-Ohio) have released a proposal calling on Congress to provide additional protections for consumers during the COVID-19 pandemic. Their proposal notes that an unprecedented 22,000,000 Americans filed for unemployment benefits in the past four weeks. Millions of them received or will receive a $1,200 stimulus check the senators argue will not cover one month of basic expenses...

Freddie Mac and COVID-19
Spilman Thomas & Battle, PLLC, May 2020

Freddie Mac has taken a series of steps to assist its borrowers, sellers, and servicers during these unprecedented times, and should help Freddie Mac continue its goal to “keep mortgage money flowing, support the stability of the housing market, and promote housing affordability.”   Freddie Mac announces avenues of assistance to borrowers affected by COVID-19, and that borrowers in forbearance will not be required to repay in a single lump sum...

ECQ and GCQ Guidelines; Further Extension of Deadlines for Tax Payments
SyCip Salazar Hernandez & Gatmaitan, May 2020

This is a briefing on the following issuances as of May 3, 2020 in relation to the COVID-19 pandemic:A. Guidelines for Areas Under Enhanced Community Quarantine (ECQ) and General Community Quarantine (GCQ)B. Extensions of Deadlines to Pay National and Local TaxesC. Extension of Deadlines for Filings with the Intellectual Property Office of the Philippines (IPOPHL)A. Guidelines for Areas Under Enhanced Community Quarantine (ECQ) and General Community Quarantine (GCQ)1...

CDC, OSHA Release Workplace Safety Guidance for Meat Processing Employers
Hunton Andrews Kurth LLP, May 2020

The Centers for Disease Control and Occupational Safety and Health Administration collaborated to release new guidance for employers in the meat processing industry on April 26...

Current State of Loan Forgiveness Under the Paycheck Protection Program
Lowenstein Sandler LLP, May 2020

Certain provisions of the coronavirus/COVID-19 economic stimulus legislation are subject to the issuance of government regulations and other government action; thus, certain details regarding the legislation may be clarified or added. Now that many clients have received (or are about to receive) the proceeds of Paycheck Protection Program (PPP) loans, we have been fielding many questions about how loan forgiveness is calculated...

New Measures Implemented by the UAE Authorities in Response to COVID-19 [1 May 2020]
Afridi & Angell, May 2020

Below is a summary of key new measures that have been implemented by various UAE authorities since 25 April 2020 and the time of this inBrief, 6:00 p.m. on Thursday, 30 April 2020.I. Economic Relief MeasuresA. Abu Dhabi Global Market (ADGM) announces further incentives to support businessesOn 29 April 2020 the ADGM Registration Authority enacted incentives for new businesses, aimed at supporting the establishment of their operations amid the COVID-19 pandemic...

Pennsylvania’s Shutdown Order is Subject to More Scrutiny
Spilman Thomas & Battle, PLLC, May 2020

Although government shutdown orders are being challenged across the country, the one issued by Pennsylvania Governor Tom Wolf appears to be receiving particular attention...

No Deduction for You
Hanson Bridgett LLP, May 2020

Key Points The IRS recently issued guidance (Notice 2020-32) regarding the deductibility of expenses incurred in a taxpayer’s trade or business when the taxpayer receives a PPP loan under the CARES Act. Section 1106 of the CARES Act provides that PPP loans may be forgiven without causing the borrower to incur cancellation of debt income...

Communication from the Agency for Access to Public Information on "Protection of Personal Data and Geolocation"
Beccar Varela, May 2020

  On April 29, 2020, the Agency for Access to Public Information (the “AAIP”, by its Spanish acronym) issued a statement through its website informing how personal data should be processed in the use of geolocation tools, especially in the context of the health emergency due to the COVID-19. In this connection, the AAIP communicates that the Personal Data Protection Law No...

Modified Net Operating Loss Rules — Taxpayer Considerations
Dykema, May 2020

The Coronavirus Aid, Relief, and Economic Security Act of March 27, 2020, (“CARES Act”) amended Section 172 of the Internal Revenue Code of 1986 (the “Code”) with respect to net operating losses (“NOL”) arising in 2018, 2019 and 2020 by restoring some of the favorable provisions applicable to NOLs prior to the enactment of the Tax Cuts and Jobs Act of 2017 (“TCJA”)...

WorkSafeBC Moves to Make it Easier for Workers to Receive Workers’ Compensation for COVID-19 Illness Claims
Lawson Lundell LLP, May 2020

On April 30, 2020, WorkSafeBC announced it is moving forward with adding COVID-19 to the list of diseases for which there is a presumption of it being work-related. Employers will now have to rebut the presumption that a worker caught COVID-19 at work to have the claim denied. Addition to the list typically takes between 18-24 months, but WorkSafeBC is hoping to expedite and complete the process in 6 months...

Looking for an Alternative to the PPP? Taking a Second Look at the Economic Injury Disaster Loan (EIDL) Program
Haynes and Boone, LLP, May 2020

The Economic Injury Disaster Loan (“EIDL”) program is an existing loan facility offered by the Small Business Administration (“SBA”) under Section 7(b) of the Small Business Administration Act of 1953. The purpose of the EIDL program is to extend low-interest credit to small businesses that are impacted by disasters...

SBA Releases Paycheck Protection Program Guidance on Capping Loan Amounts for Corporate Groups and Provides Additional Clarity on Loan Eligibility and Forgiveness
Haynes and Boone, LLP, May 2020

On April 29 and April 30, 2020, the Small Business Administration (“SBA”) provided additional guidance on the Paycheck Protection Program (“PPP”) through the issuance of a new PPP Interim Final Rule (the “Corporate Group Rule”), which supplements the first PPP Interim Final Rule, published on April 2, 2020, and the subsequent interim final rules issued since that date, as well as issuing updates to the Frequently Asked Questions&nbs

Report of the Department of Privacy and Protection of Personal Data - Communication from the Agency for Access to Public Information on "Protection of Personal Data and Geolocation"
Beccar Varela, May 2020

On April 29, the Agency for Access to Public Information (the "AAIP") issued a statement through its website informing how personal data should be treated for the use of geolocation tools, especially before the health emergency caused by Coronavirus (COVID-19) In this sense, the AAIP communicates that Law No...

All Roads Lead to Somewhere New: Taxpayers Get One Free Shot at Changing Qualified Improvement Property Depreciation Method
Waller, May 2020

On April 17th, the IRS released Revenue Procedure 2020-25 to provide taxpayers guidance on implementing the changes to depreciation of qualified improvement property (QIP). As discussed in Waller’s prior blog post, the CARES Act provided a technical correction for the Tax Cuts and Jobs Act of 2017, which precluded QIP from receiving 100% bonus depreciation under even though it was previously eligible for 50% bonus depreciation...

Coronavirus: Measures for Manufacturers and Wholesale Distributors of Medicines
PLMJ, April 2020

INFARMED and the DGS have published a set of guidelines for manufacturers and wholesale distributors of medicinal products for human use. The aim of these guidelines is to ensure supply to the domestic market and, at the same time, to prevent the spread of Covid-19 and protect the employees of these operators...

Coronavirus: Exceptional Regime for MDs and PPE
PLMJ, April 2020

The rapid spread of the new Coronavirus (SARS-CoV-2) and the Covid-19 pandemic have led to a very significant increase in demand for medical devices (MDs) and personal protective equipment (PPE), and there was insufficient supply to meet existing needs during the state of emergency and the period that will immediately follow it...

Coronavirus: Amendment to the Exceptional and Temporary Measures with an Impact on Civil Procedure
PLMJ, April 2020

The international public health emergency due to the new Coronavirus (COVID-19) pandemic has led to the urgent and succession introduction of a range of legislative measures. These measures are an exceptional and temporary response to the pandemic in Portugal and they include the declaration of a state of emergency across the whole country that has already been extended twice...

Foreign Investments from Third Countries. A Change in the European Optics?
Nestor Nestor Diculescu Kingston Petersen, April 2020

The Covid-19 pandemic situation has emerged as more than just a healthcare crisis. Accordingly, the focus is to address and anticipate at the same time the economic and social implications which are still at an early stage. What we are rapidly starting to acknowledge is that the circumstances created by the pandemic have revealed legislative gaps and vulnerabilities, which need to be addressed in order to avoid further negative impacts to the extent possible...

Operation of Chilean Courts of Law Due to COVID-19
Carey, April 2020

Due to the health emergency triggered by COVID-19, various measures that affect the normal operation of the courts of law, have been decreed and adopted by each of the Courts: The Chilean Supreme Court has issued various instructions, all of which may be checked at https://www.pjud.cl/noticias-emergencia-sanitaria, underscoring, among others: Favoring teleworking for judges, court officials and attorneys-at-law. Suspending customer service...

Summary of Employment Related Measures by the Hungarian Government during the Pandemic
Szecskay Attorneys at Law, April 2020

In Hungary, the Government hasintroduced multiple measures – besides the ongoing curfew restrictions – aimed at helping companies navigate through these hard times. Hédi Bozsonyik, Head of our Employment Law practice, has summarized the most important facts.   1. General employment law related measures a.) The employer has more flexibility in modifying the work schedule even after it was communicated with the employees; b...

Alert Level 3: Big Change for Some Commercial Tenancies, Very Little Change for Others
MinterEllisonRuddWatts, April 2020

Alert Level 3 began at 11.59pm on 27 April 2020, with the implementation of the Health Act (COVID-19 Alert level 3) Order 2020 (theLevel 3 Order). For some people and businesses this change provides welcome relief to revive business operations (albeit with some modifications), but for others very little has changed...

New Bay Area Shelter-in-Place Orders Allow for the Resumption of Environmental Site Remediation and Agricultural Operations
Hanson Bridgett LLP, April 2020

The Bay Area counties of Alameda, Contra Costa, Marin, San Francisco, San Mateo, and Santa Clara, and the City of Berkeley have jointly issued new Shelter-in-Place orders superseding their existing March 31, 2020 Shelter-in-Place orders...

COVID-19: Impact of Closures, Delays, and Executive Order on Diversity Visa Program
Hunton Andrews Kurth LLP, April 2020

Since 1990, the United States has granted up to 50,000 green cards each year to immigrants selected through the “Diversity Visa Lottery.” Recently, the US Department of State announced delays in processing these cases due to COVID-19...

What to Expect When You’re Expecting to Reopen
Lowenstein Sandler LLP, April 2020

As businesses begin to plan the reopening of their workplaces, there are many factors to consider. Before bringing employees back to work, employers are best advised to follow the guidelines and recommendations that the Centers for Disease Control and Prevention (CDC), the Occupational Safety and Health Administration (OSHA), and the Equal Employment Opportunity Commission (EEOC) have issued...

Paycheck Protection Program Disclosure Requirements: UPDATE
Dinsmore & Shohl LLP, April 2020

On April 27, 2020 the SEC updated its Division of Investment Management Coronavirus (COVID-19) Response FAQ and addressed a question pertinent to our article dated April 17, 2020. Question II...

COVID-19: Prime Minister Decree dated 26 April 2020 - The Start of Phase 2
Gianni, Origoni, Grippo, Cappelli & Partners, April 2020

As the contagion rate and death toll caused by the Covid-19 emergency (“Covid-19”) continues to decrease, on 26 April 2020 the Prime Minister announced in a press conference the measures adopted to ease the lockdown during the so-called “phase 2”. The new measures are reflected in the Prime Minister Decree dated 26 April 20201 (the “26 April 2020 Decree”)...

New Version of I-9 Required as of May 1, 2020
Dykema, April 2020

Dykema would like to remind U.S. employers that they must use the October 21, 2019, version of the I-9 Employment Eligibility Verification form beginning May 1, 2020. Since January 31, 2020, employers were allowed to use either the July 17, 2017, or October 21, 2019, version of the form. These dates are indicated in mm/dd/yy format in its bottom left corner. The Form I-9 is used to confirm the identity and employment authorization of people hired as employees by U.S. employers...

Voucher Instead of Refund: Federal Government Adopts Draft Bill for an Amendment in Event Contract Law
Heuking Kühn Lüer Wojtek, April 2020

On April 8, 2020, the federal government adopted draft wording presented by the Federal Minister of Justice and Consumer Protection for a draft bill to mitigate the consequences of the COVID-19 pandemic in event contract law in order to protect organizers of recreational events and operators of recreational facilities from considerable outflows of liquidity...

Buchalter Client Alert COVID-19: Hastening Telehealth Provision of Medical Services Across State Lines
Buchalter, April 2020

In response to the COVID-19 pandemic, the majority of states have temporarily waived or modified licensure requirements, allowing licensed practitioners from other states to provide in-person or telehealth services without seeking state-specific licenses. During this unprecedented time, states have quickly recognized the need for medical professionals to work across state lines and the importance of expanding telehealth services...

New Biosecurity Protocols for Specific Industries
Brigard Urrutia, April 2020

The Ministry of Health and Social Protection issued Resolutions 677, 679 and 681 adopting the biosecurity protocols for the control and management of COVID-19 risk in the transportation, transportation infrastructure and games of luck and chance sectors. These protocols are complementary to the general biosecurity protocol adopted through Resolution 666 of 2020 and to other measures implemented by corresponding companies...

External Circular No. 100-00008 of the Superintendence of Corporations
Brigard Urrutia, April 2020

The new deadlines for the submission of financial statements are as follows: 1...

Protection against Bankruptcy for Businesses in Slovakia during Corona Crisis
Cechova & Partners, April 2020

The Government of the Slovak Republic approved on 14 April 2020 the draft bill amending Act No. 62/2020 Coll. on certain emergency measures in relation to the spread of dangerous contagious human disease COVID-19 and in the justice, and amendments to certain laws.The bill was passed by the Slovak Parliament on 22 April 2020 and has been published in the Collection of Laws on 25 April 2020.The below regulation on temporary protection of businesses came into force since 12 May 2020...

Country-by-Country Guide: Government Measures Taken in Response to COVID-19
Makarim & Taira S., April 2020

Please find a summary of regulations related to COVID-19 in more than 32 countries (including Indonesia prepared by our Firm) as per 22 April 2020 below. Economic Measures Loan Facilities: The Indonesian Financial Services Authority (OJK) issued Regulation No. 11/POJK.03/2020 (March 16, 2020), which relaxes the loan quality assessment and restructuring requirements for borrowers affected by COVID-19 until March 31, 2021...

Mauritius: Coronavirus (COVID-19) Impact on Financial Institutions
ENSafrica, April 2020

The outbreak of the Coronavirus (COVID-19) pandemic and the incidental measures adopted by the Mauritian government represent serious potential impact for financial institutions in general. Below, we examine the recourses available to borrowers facing financial hardship as a result of the pandemic and its aftermath. We consider only credit facilities, that is, agreements by which financial institutions advance money to their clients for repayment either in instalments or at term...

SERNAC's New Interpretative Circular on Safeguarding the Health of Consumers and Alternative Measures for Compliance, Suspension and Extinction of Benefits, in the Face of the Coronavirus Pandemic
Carey, April 2020

In April 2020, the National Consumer Service (SERNAC) published the "Interpretative Circular on Safeguarding Consumer health and alternative measures for compliance, suspension and extinction of benefits in the Face of the coronavirus pandemic (Covid-19)...

SERNAC's New Interpretative Circular on Supplier's Good Practices in the Context of the COVID-19 Pandemic
Carey, April 2020

On April 20, 2020, the National Consumer Service (SERNAC) published the "Interpretative Circular on Supplier’s Good Practices in the context of the Covid-19 Pandemic", which seeks to establish the main concepts and criteria for companies to promote good commercial practices in order to protect consumers, especially with regard to their health and physical and psychological integrity...

This Too Shall Pass: and Then What? Part 2 - Legal Considerations for Return-to-Work Decision-Making
Spilman Thomas & Battle, PLLC, April 2020

In our first piece in this returning to work series, we examined the logistical issues associated with returning employees to work. In this latest segment, we will address the legal considerations underpinning the return-to-work process.   1...

New Resolutions of the National Commission for Agricultural Credit
Brigard Urrutia, April 2020

National Commission of Agricultural Credit issues resolutions, by which the capacity of the FAG and the validity of guarantees are modified. The National Commission for Agricultural Credit issued Resolution No...

Odds and Ends Regarding the Paycheck Protection Program
Hunton Andrews Kurth LLP, April 2020

The stresses of the Paycheck Protection Program (the “Triple P”) cannot be understated or, frankly, contemplated by those who are operating outside the trenches. In light of the challenges for a lender to just obtain the required documentation and work applications through the system amid the constant rule changes, it is easy to lose track of some important issues that have not made headline news for the Triple P...

EPA Makes Good on Promise to Crack Down on Sham COVID-19 Cleaners and Disinfectants
Hanson Bridgett LLP, April 2020

Key Points: EPA is marching forward with its plans to prevent sham COVID-19 cleaners and disinfectants from entering the marketplace. Manufacturers should continue to adhere to EPA's policy regarding products that make disinfectant efficacy claims. EPA warns consumers against injecting disinfectants into their bodies. On April 23, 2020, the U.S...

U.S. Supreme Court Allows Landowners’ State-Law Challenge to Ongoing CERCLA Remediation
Lowenstein Sandler LLP, April 2020

On April 20, the United States Supreme Court decided in Atlantic Richfield Co. v. Christian et al.1 that landowners can sue under state common law for restoration of their properties located within the boundaries of a Superfund site subject to a USEPA-approved remedy. The Court also held, however, that because the landowners are, themselves, PRPs under CERCLA, USEPA must approve any remedial action that goes beyond the USEPA-approved remedy...

SCOTUS Requires Clean Water Act Permits for Some Groundwater Discharges, Pronounces “Functional Equivalency” Test
Lowenstein Sandler LLP, April 2020

On April 23, the Supreme Court of the United States issued a landmark decision interpreting the reach of the federal Clean Water Act (CWA). That case isCounty of Maui, Hawaii v. Hawaii Wildlife Fund, No. 18-260, 590 U.S. ___ (2020). The Supreme Court’s opinion can be viewed here. The CWA requires regulated entities to obtain a permit for any discharge of pollutants from a point source to navigable waters of the United States. 33 U.S.C. 1311(a)...

Secretary DeVos Rejects Calls for Waivers – School Districts Must Comply with IDEA and Section 504
Dinsmore & Shohl LLP, April 2020

In the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Congress – among other things – directed U.S. Secretary of Education Betsy DeVos to report regarding waivers of children’s rights under the IDEA and Section 504 of the Rehabilitation Act. On April 27, DeVos announced she would not recommend that Congress pass any additional waivers concerning the requirements in those acts...

Governor Mike DeWine and Ohio Department of Health Announce Health Care Reopening May 1
Dinsmore & Shohl LLP, April 2020

On April 27, 2020, the Ohio Department of Health (ODH) Director Amy Acton, M.D., MPH, and Governor Mike DeWine announced surgeries that do not require an overnight stay may proceed on May 1, 2020. Other surgeries that meet current essential standards may continue to be performed. Additionally, dental offices and veterinary offices can resume operations on May 1, 2020...

COVID-19 Webinar Series: CARES Act Healthcare Relief Funds - Avoiding Compliance Pitfalls Webinar Recording
Bradley Arant Boult Cummings LLP, April 2020

On April 10, 2020 the Department of Health and Human Services distributed the first $30 billion in healthcare relief funds. On April 22, HHS followed by allocating another $40 billion in relief funds. These funds will provide much needed assistance to healthcare providers absorbing costs and suffering losses due to the COVID-19 pandemic...

Tennessee Pledge to Reopen Restaurants
Waller, April 2020

The Governor’s Economic Recovery Group issued Tennessee Pledge, "a plan to help Tennesseans return to work in a safe environment, restore their livelihoods and reboot our state’s economy." Restaurants are expected to follow the guidelines in the pledge. The pledge is mandatory for limited service restaurants, as specified in Executive Order 30. Here is a copy of the Tennessee Pledge Guidelines for Restaurants This is our summary of the guidelines for re-opening: 1...

Tennessee Extends Alcohol Carryout and Delivery through May 29
Waller, April 2020

Tennessee Gov. Bill Lee extended the executive order allowing drive-through, carryout and delivery of beer, wine and spirits for restaurants. Read Executive Order 30 here. Restaurants, limited-service restaurants and wine-only restaurants can continue to sell carryout and deliver alcoholic beverages and beer. There is no additional license or permission needed to deliver. We urge folks to keep hustling during these difficult times and checkLast Callfor updates...

Today's Tips for Tomorrow's Litigation for Skilled Nursing Homes
Spilman Thomas & Battle, PLLC, April 2020

Nursing home and other long-term care facilities are bearing the brunt of the COVID-19 pandemic because their residents are at the highest risk for contracting the disease. It has been recently reported that 20 percent of all deaths in the United States from the coronavirus are associated with infections developed in nursing homes. Due to the current inconsistencies in reporting procedures, the actual numbers may be higher...

On Whose Authority? Alberta’s Provincial Powers to Respond to a Health Emergency
Lawson Lundell LLP, April 2020

In response to the COVID-19 pandemic, governments across Canada have put measures in place to slow the spread, but which have also had a significant impact on business. The purpose of this post is to provide an overview of the powers available to the Government of Alberta to respond to the pandemic, and most notably, those available under the Alberta Emergency Management Act and Alberta Public Health Act...

Commercial Leases & COVID-19: Key Considerations of a Rent Relief Agreement
Lawson Lundell LLP, April 2020

Given the impact of the COVID-19 pandemic, a large number of businesses are seeking some form of rent relief from their landlords. When negotiating a rent relief agreement, there is a balance to be struck between providing meaningful relief to a tenant so that its business has a better chance of long term survival, while still allowing the landlord to meet its ongoing obligations, which may include mortgage payments on the property, and other costs which it may not be able to defer...

New Orders from 6 Bay Area Counties Require Face Coverings to be Worn During Work in Most Circumstances
Hanson Bridgett LLP, April 2020

Key Points: Face coverings are now mandatory for most workers in six Bay Area counties. These orders apply to those working in proximity to others and in areas frequented by the public, and to all essential infrastructure workers. There are immediate implications for public agencies, contractors, and construction project owners...

H&S Protocol
Gianni, Origoni, Grippo, Cappelli & Partners, April 2020

On April 24, 2020, the Protocol signed on March 14 2020 (the “H&S Protocol”), providing for the measures to be complied with by employers to continue the activity while ensuring the maximum degree of protection for the employees, has been amended. The amendments encompass all the sections of the H&S Protocol...

COVID 19 - Injunctive Relief Against Invocation of Bank Guarantee on The Basis of Special Equities under Section 9 of the Arbitration Act
Kochhar & Co. Advocates & Legal Consultants, April 2020

Introduction In light of cessation of routine judicial activities in recent times on account of the Covid-19 pandemic, the decision of the High Court at New Delhi on April 20, 2020 in Halliburton Offshore Services Limited vs. Vedanta Limited and Another comes as a welcome breather in an area otherwise seemingly parched for development of case law...

COVID-19 Legal Issues Newsletter
AELEX, April 2020

As Nigeria joins the rest of the world in grappling with the COVID-19 pandemic (“the pandemic”), the Federal Government has declared a curfew in the Federal Capital Territory and two other major States as well as restricting interstate travel. Prior to this, several organizations had commenced remote working as precautionary measures against the spread of the virus...

Employment Measures for Dubai International Financial Centre (DIFC) Employers During COVID-19
Afridi & Angell, April 2020

Presidential Directive No. 4 of 2020 (Directive) is the most recent measure taken in the DIFC to ensure proper management in the DIFC during COVID-19. The Directive, issued on 21 April 2020 with immediate effect, announced employment and workforce measures which shall stay in effect up to and including 31 July 2020 (referred to herein as COVID-19 emergency period). We will discuss in this inBrief employment measures included in the Directive...

Challenges to Shutdown Orders Reach the U.S. Supreme Court
Spilman Thomas & Battle, PLLC, April 2020

On April 27, 2020, a group of petitioners asked the Supreme Court of the United States to stay the enforcement of Pennsylvania Governor Tom Wolf’s March 19, 2020, executive order that closed many of the Commonwealth’s businesses. The case Friends of Danny DeVito et al. v. Wolf et al., No. 19A1032, reaches the Supreme Court from the Supreme Court of Pennsylvania, where the petitioners’ King’s Bench petition was denied on April 13, 2020...

Illinois Supreme Court Order Limits Freezes on Judgment Debtor Bank Accounts
Dykema, April 2020

As the need for consumer protections amidst the COVID-19 pandemic continues to grow, the Illinois Supreme Court is helping to provide those protections. In its latest move, the high court has ordered limits to freezes on personal bank accounts...

Resolution 622 of 2020 of the Ministry of Health and Social Protection
Brigard Urrutia, April 2020

Regulations to carry out inspection, surveillance & health control of water for human consumption through a protocol applied by competent entities. The protocol for inspection, monitoring and control of water quality for human consumption in rural areas should be adopted. This protocol and the procedures to be followed are established in the Technical Annex, which is part of the Resolution...

No Mask, No Service: Evolving COVID-19 Orders May Support Insurance Coverage for Retailers' Losses
Hunton Andrews Kurth LLP, April 2020

Many recent government orders require “nonessential” businesses to close due to COVID-19, resulting in massive financial losses for many retail businesses. The orders also change how “essential” retailers do business. For instance, Miami-Dade County’s mayor issued an executive order requiring people who visit or work at, among other places, grocery stores, restaurants and pharmacies to use face coverings...

UK Government “Future Fund” – Welcome Financial Assistance for the Start-Up Sector
Hunton Andrews Kurth LLP, April 2020

By way of extension to the existing array of financial support for business, the UK government has announced that a new fund will be launched in May aimed specifically at benefiting high-growth companies. This will be by way of convertible loans to unlisted UK companies which have a “substantive economic presence” in the UK, provided they have raised at least £250,000 from investors over the past five years...

French State Guarantee Scheme to Secure Loans: Clarifications and First Feedback
Jeantet, April 2020

The French State guarantee of 300 billion euros scheme to secure loans granted by banks to companies affected by the Coronavirus pandemic. This was set up by Amendment to the French budget law for 2020 dated 23 March 2020[1] (completed by two arretés dated 23 March 2020 and 17 April 2020 and modified by the second amendment to the budget law dated 25 April 2020[2]) is already a success...

Protecting Your Company from Coronavirus-related Premises Liability Claims
Haynes and Boone, LLP, April 2020

Businesses preparing to reopen amid the coronavirus pandemic and the essential businesses that have remained open through the pandemic should make a good faith effort to implement health and safety measures recommended by the federal, state, and local authorities to protect themselves from potential premises liability claims from third-parties such as customers and other non-employees entering the premises...

New York Remote Notarization
Haynes and Boone, LLP, April 2020

In light of the social distancing orders put in place in response to the COVID-19 pandemic, Governor Andrew Cuomo signed Executive Order 202.7 on March 19, 2020 which authorized notary publics to notarize documents remotely. The initial order was in effect through April 18, 2020; however, Executive Order 202...

When Should the Labour Court Intervene in a Retrenchment Process?
ENSafrica, April 2020

Economists predict that the Coronavirus (COVID-19) pandemic will lead to retrenchments on an unprecedented scale on the back of an already weak economy. It is likely that unions, when confronted with proposals to retrench, will approach the consultation process envisaged in section 189 and section 189A of the Labour Relations Act, 1995 (“LRA”) with more rigour. Section 189A(13) Of importance in this regard is section 189A(13) of the LRA...

ENSafrica: Coronavirus (COVID-19) Legal Update
ENSafrica, April 2020

employment Update to C19 TERS and tax treatment of C19 TERS benefit Lauren Salt (ENSafrica Employment) and Arnaaz Camay (ENSafrica Tax) summarise the latest amendments to the COVID-19 Temporary Relief Scheme (“C19 TERS”), 2020 directive. They also consider the tax implications of C19 TERS benefits. Clickhereto read the full article...

South Africa: Coronavirus (COVID-19) - How to Avoid Vicarious Liability for Data Protection Breaches by Employees in an Online Environment during Lockdowns
ENSafrica, April 2020

The UK’s highest court recently ruled that Morrisons, a supermarket group, was not vicariously liable for the criminal act of an employee with a grudge who leaked the payroll data of about 100 000 members of staff. Many companies sighed in relief on hearing that the Supreme Court of Appeal did not hold Morrisons vicariously liable...

COVID-19 Webinar Series: Counterfeit Issues in the Pandemic - Protecting Your Brands and Patented Products Webinar Recording
Bradley Arant Boult Cummings LLP, April 2020

Since the coronavirus pandemic began, the volume of counterfeit goods produced by Chinese manufacturers appears to be on the rise again. While counterfeit goods have been a challenge that online retailers have been fighting for years, the risk has become greater in the COVID-19 era when more consumers are turning to online shopping. Counterfeit goods result in lost revenue and reputational harm to retailers...

Buchalter Client Alert COVID-19: Planning for Re-Opening: What Owners, Property Managers and Users of Office and Retail Properties Should Consider
Buchalter, April 2020

Now is the time to prepare for when non-essential businesses will be allowed to re-open after the various state and local COVID-19 shutdown orders are lifted. We do not know when that date will be or how the orders will be lifted, but planning now can make that phase go smoother for building owners and managers as well as tenants in those buildings. One thing we can be certain of is that the use and operation of buildings will not be “back to normal” for a while...

COVID-19 Webinar Series: Counterfeit Issues in the Pandemic - Protecting Your Brands and Patented Products Webinar Recording
Bradley Arant Boult Cummings LLP, April 2020

Since the coronavirus pandemic began, the volume of counterfeit goods produced by Chinese manufacturers appears to be on the rise again. While counterfeit goods have been a challenge that online retailers have been fighting for years, the risk has become greater in the COVID-19 era when more consumers are turning to online shopping. Counterfeit goods result in lost revenue and reputational harm to retailers...

20 Billion in Additional Funds Released to Providers as Part of CARES Act
Waller, April 2020

The Department of Health and Human Services (HHS) has opened up another $20 billion in funds to help hospitals and healthcare providers deal with the financial impacts of treating COVID-19 patients. The new funding round was opened on April 25 and is intended to compensate providers without regard to payer mix and to provide assistance based on March and April 2020 lost revenues...

Remaining Tennessee Counties Issue Reopening Plans
Waller, April 2020

City officials in Shelby County, Knox County, Hamilton County, Sullivan County, and Madison County have announced their respective plans to begin a phased reopening of non-essential businesses. Davidson County previously released its Roadmap to Reopening plan on April 24. Pursuant to Governor Lee’s Executive Order 29, the remaining 89 counties in Tennessee are required to follow statewide guidelines outlined in the Tennessee Pledge...

COVID-19 Impact on M&A in Russia: Trends and Transaction Specifics
ALRUD Law Firm, April 2020

Every day, the outbreak of coronavirus infection has an increasing impact on the economy, in general and various aspects of business, in particular. In this information letter, we have reflected the main trends and specifics of M&A transactions in Russia, under the conditions of restrictive measures caused by the spread of COVID-19. General trends of the M&A market in Russia under COVID-19 Transactions’ dynamic...

COVID-19 Pandemic - Injunctive Relief Against Invocation of Bank Guarantee on the Basis of Special Equities Under Section 9 of the Arbitration Act
Kochhar & Co. Advocates & Legal Consultants, April 2020

Introduction In light of cessation of routine judicial activities in recent times on account of the Covid-19 pandemic, the decision of the High Court at New Delhi on April 20, 2020 in Halliburton Offshore Services Limited vs. Vedanta Limited and Anothercomes asa welcome breather in an area otherwise seemingly parched for development of case law...

Business Trips to the Czech Republic are Now Allowed from 27 April 2020 - Under what Conditions?
Kocian Solc Balastik, April 2020

The government has started the announce the dismantling of certain Covid19 measures and from Monday, April 27, 2020, itnow allows business trips for foreigners to the Czech Republic, in respect of which entrepreneurs have been repeatedly demanding. However, it set a number of conditions and rules...

COVID-19 Update - West Virginia Announces Plan to "Reopen"
Spilman Thomas & Battle, PLLC, April 2020

Governor Justice has issued his plan for the scaling back of his “stay-at-home” Executive Order, otherwise known as “reopening the state.” The plan hinges on having three consecutive days where the statewide cumulative percentage of positive COVID-19 test results stays below 3 percent. Once that metric is met, there will be a phased reopening process that is optional to businesses – the plan stresses it is allowing entities to open, NOT requiring them to...

The "Preventing Essential Medical Device Shortages Act of 2020": COVID-19 Side Effect that Could Permanently Harm Medical Device Manufacturers
Spilman Thomas & Battle, PLLC, April 2020

The ongoing COVID-19 pandemic crisis—infecting more than 2.7 million people worldwide, with almost 870,000 cases in the United States alone as of the writing of this article—has thrown nearly every industry into chaos as the world struggles to adjust to the new reality of social distancing and self-quarantining...

Hearing at the District Court During the COVID-19 Spread
Makarim & Taira S., April 2020

The COVID-19 spread in Indonesia has caused several institutions in Indonesia to make certain adjustments, including in to hearings in district courts. On 23 March 2020, the Supreme Court issued Circular Letter No. 1 of 2020 on Guidance for the Implementation of Work during the Prevention of the Spread of Corona Virus Disease 2019 (COVID-19) within the Supreme Court and the other Courts, as was later amended by Circular Letter No...

National Disaster Declaration for COVID-19 Pandemic
Makarim & Taira S., April 2020

President Joko Widodo has finally declared the spread of Coronavirus Disease 2019 (“COVID-19”) a National Disaster under Presidential Decree No. 12 of 2020 (“PD 12/2020”) which was issued on Monday, 13 April 2020. Through PD 12/2020, the President has strengthened the role of the National Disaster Mitigation Agency (Badan Nasional Penanggulangan Bencana/ “BNPB”) as the COVID-19 Task Force (Gugus Tugas Percepatan Penanganan Coronavirus 2019)...

IRS Issues Guidance for COVID-19 Related Mortgage Loan Forbearance and Modification
Dykema, April 2020

On April 13, 2020, the Internal Revenue Service (the “IRS”) issued Revenue Procedure 2020-26 (the “Revenue Procedure”) providing guidance to lenders and loan servicers offering relief to borrowers with federally-backed residential and multifamily mortgage loans, including relief mandated under the Coronavirus Aid, Relief, and Economic Security Act, Pub. L. No. 116-136 (the “CARES Act”), as well as similar state programs...

Extension of the Preventive Mandatory Isolation in Colombia
Brigard Urrutia, April 2020

Once again the national government extended the preventive mandatory isolation in the national territory. By means the Decree 593, 2020 issued by the Ministry of Interior under the sanitary emergency caused by the Covi-19, the national government extended the current mandatory isolation from April 27 at 00:00 to May 11 at 00:00. Pursuant to this Decree it is ordered to continue with the mandatory preventive isolation limiting the free circulation of individuals and vehicles...

New Guidelines for the Operation of the Manufacturing Sector
Brigard Urrutia, April 2020

The Government issued new regulations setting the guidelines and adopting the biosecurity protocol for the operation of the manufacturing industry The Ministry of Work issued Resolution 675 adopting the biosecurity protocol for the management and control of COVID-19 risk in the manufacturing industry. This protocol is complementary to the protocol adopted through Resolution 666 of 2020 and to other measures adopted in each factory...

Deferred Payment of Invoices for Domestic Public Services
Brigard Urrutia, April 2020

On April 16, 2020, by means of Resolution CRA 915 of 2020, the Commission for the Regulation of Water and Basic Sanitation established transitory regulatory measures for the deferred payment of invoices for domestic water and sewerage services and public sanitation services, within the framework of the emergency declared by the National Government due to COVID-19...

Procedural Terms Suspended Until May 10th with Exceptions
Brigard Urrutia, April 2020

Superior Council of the Judicial Branch extended suspension of procedural terms and deadlines until May 10th, with initial exceptions and some others. Agreement PCSJA20-11546 April 25, 2020 The Superior Council of the Judicial Branch extended the suspension of procedural deadlines until May the 10th, with certain exceptions: Constitutional (tutela) and Habeas Corpus actions*. The ones related to fundamental rights of life, health and personal freedom, are prioritized...

Paycheck Protection Program Updates: Additional Funding, New Interim Final Rule, and Updated Guidance
Hunton Andrews Kurth LLP, April 2020

Friday, April 24, 2020, was another seminal day for the Paycheck Protection Program, which has had quite a few of them...

90-Day Tariff Relief Provides Retailers with Much-Needed Liquidity
Hunton Andrews Kurth LLP, April 2020

Importers that have suffered “significant financial hardship” due to COVID-19 may qualify for a 90-day pay extension for certain tariffs. On April 19, 2020, following calls for trade liberalization to ease economic pressures, the Trump administration issued an executive order, along with a temporary final rule by the US Department of Homeland Security’s Customs and Border Protection (CBP), which postpones the time to deposit certain duties, taxes and fees...

Recent Changes to CEQA-Related Procedures from COVID-19
Hanson Bridgett LLP, April 2020

Key Points: An executive order from the governor's office modifies California Environmental Quality Act ("CEQA") noticing procedures, requiring local agencies to take extra steps to notify the public that environmental review processes are underway or have concluded for development projects. Extra steps include posting notices on agency websites and active outreach to interested parties...

Utilizing Tax Refunds Available to Commercial Borrowers Under the CARES Act
Hunton Andrews Kurth LLP, April 2020

The Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) provides banks, like other taxable entities, with an opportunity to take advantage of tax refunds from net operating losses (“NOLs”) and accelerated alternative minimum tax (“AMT”) credits...

DOD Seeks to Match Investors With Technology Companies
Lowenstein Sandler LLP, April 2020

The U.S. Department of Defense (DOD) is presenting an opportunity for U.S. companies and investors alike: the recently established Trusted Capital Program...

The "Preventing Essential Medical Device Shortages Act of 2020": COVID-19 Side Effect that Could Permanently Harm Medical Device Manufacturers
Spilman Thomas & Battle, PLLC, April 2020

The ongoing COVID-19 pandemic crisis—infecting more than 2.7 million people worldwide, with almost 870,000 cases in the United States alone as of the writing of this article—has thrown nearly every industry into chaos as the world struggles to adjust to the new reality of social distancing and self-quarantining...

Return-to-Work Checklist for Employers Reopening Their Businesses
Dinsmore & Shohl LLP, April 2020

In anticipation of federal and state restrictions lifting as COVID-19 cases and deaths decrease, employers should start planning their employees’ return to work now. Employers must continue to follow the CDC, WHO, and state guidance to maintain a safe workplace while also complying with multiple employment laws. The following are general considerations for employers who are strategizing their return to work...

Ohio House Members Release Guidelines for Re-Opening Ohio Businesses
Dinsmore & Shohl LLP, April 2020

On April 27, 2020, members of the Ohio House of Representatives released the Open Ohio Responsibly Framework. This framework contains recommended guidelines for opening Ohio businesses beginning on or before May 1, 2020, after weeks of business closures due to the COVID-19 pandemic...

Governmental Oversight and CARES Act Funds: Recent Treasury Department Guidance
Dinsmore & Shohl LLP, April 2020

After the nearly $350 billion in funds allocated to the Paycheck Protection Program (PPP) under the CARES Act were depleted in mid-April, Congress has approved an additional $310 billion in funds for the program. These additional funds arrive after a wave of backlash over certain businesses, such as national chains, received PPP loans...

CDC Adds New Symptoms for COVID-19 Screening – Employers Must Adjust Accordingly
Dinsmore & Shohl LLP, April 2020

On April 26, 2020, the U.S. Center for Disease Control and Prevention (CDC) updated its guidance to add six new symptoms of COVID-19. Based on this update, individuals should be cognizant of the new symptoms while self-monitoring for COVID-19 and employers should update their employee health screening procedures...

Supreme Court's Order No. 13/2020: Extension of the Extraordinary Judicial Recess. Resolution No. 2020-121-APN-MJ: Mediation: Remote Hearings.
Beccar Varela, April 2020

Supreme Court's Order No. 13/2020: Extension of the extraordinary judicial recess. Within the state of sanitary emergency declared regarding COVID-19 and the mandatory social, preventive isolation measure duly decreed, the Supreme Court has adopted different measures within the National Judicial Branch, consistent with the National Executive Branch provisions and the recommendations of the national sanitary authority. In order to align with Decree No...

Deferral of Attachments and Extension of Ban of Enforcement of Pledges and Auctions
Cechova & Partners, April 2020

The Slovak Parliament passed on 22 April 2020 the bill amending Act No. 62/2020 Coll. on certain emergency measures in relation to the spread of dangerous contagious human disease COVID-19 and in the justice, and amendments to certain laws (the “Lex Corona”). The bill of Lex Corona, among others, provides for special rules on deferral of attachments (executions) over properties of natural persons if financially affected by spread of coronavirus...

Regulation on Economic Mobilization Measures
Cechova & Partners, April 2020

On 10 April 2020 was promulgated new Regulation in Slovakia due to economic mobilization measures. The Government Regulation was adopted to announce specific extraordinary regulatory measures and measures concerning civilian duty and material performance in connection with the emergency situation related to the COVID-19 pandemic. Regulation of the Government of the Slovak Republic No. 77/2020 Coll...

TTB Rolls Out New Rules for Distilleries, Wineries and Breweries
Waller, April 2020

The Federal Alcohol and Tobacco Tax and Trade Bureau, fondly known as TTB, issued final rules that contain a few game-changers for the alcoholic beverage manufacturing industry. We are particularly fond of the greater flexibility offered to distilleries. Distilleries can now count the years bourbon or whisky are aged in used barrels. Previously, a whisky or bourbon could only list the number of years aged in new oak barrels...

New Measures Implemented by the UAE Authorities in Response to COVID-19 [26 April 2020]
Afridi & Angell, April 2020

Below is a summary of new developments and key new measures that have been implemented by various UAE authorities since 19 April 2020 and the time of this inBrief, 6:00 p.m. on Saturday, 25 April 2020.I. First Phase of Easing of Lockdown and Movement Restrictions in DubaiThe Supreme Committee of Crisis and Disaster Management has announced a partial reduction in the restrictions on movement in Dubai starting from Friday 24 April 2020...

COVID-19 Labor Update
Basham, Ringe y Correa, S.C., April 2020

In the evening version of the Federation’s Official Gazette of March 24, 2020, the head of the Ministry of Health, Jorge Carlos Alcocer Varela, M.D., published some preventive measures to mitigate and control the health risks derived from the COVID-19 pandemic.Minutes later, the Presidential Decree that sanctioned such measures was also published...

Recommendation of Modified Practices to PCT Offices by International Bureau in Light of the COVID-19 Pandemic
Kochhar & Co. Advocates & Legal Consultants, April 2020

1. PCT Rule 82quater.1 (Excuse of Delay in Meeting Time Limits) applies in the current circumstance of global COVID-19 pandemic, and the International Bureau of WIPO has urged all PCT Offices and Authorities to likewise adopt this interpretation...

Update on the Regulation and Advertising of Medicines in Russia
ALRUD Law Firm, April 2020

We would like to provide you with an update on some changes in the legal regulation of medicines in Russia made due to dynamic spread of the coronavirus (COVID-19)...

Breakthrough Judgement by the Municipal Court in Prague Overturning Major Czech Government COVID Restrictive Measures - 23 April 2020
Kocian Solc Balastik, April 2020

On 23 April 2020, the Municipal Court in Prague issued a judgment upholding the petition for annulment of certain measures of the Ministry of Health issued in connection with the COVID-19 pandemic. With effect from 27 April 2020, the Court annulled two extraordinary measures of the Ministry of Health of 17 April 2020 and 26 March 2020 on the restriction of retail sales and two extraordinary measures of the Ministry of Health of 15 April 2020 and 23 3...

COVID III. Czech Govt. Support Program for SMEs - What are the Plans?
Kocian Solc Balastik, April 2020

The new COVID Prague program focused on business activities in the Capital City of Prague followed the fate of its predecessors COVID I and COVID II. This means that the available funds were exhausted on the same day as the receipt of applications, which thus ends. The COVID I and COVID II programs are also exhausted. Entrepreneurs thus have no choice but to wait for the announcement of the conditions of the COVID III program...

Czech Real Estate Investment - Potential Abolition of Real Estate Acquisition Tax as a Result of COVID
Kocian Solc Balastik, April 2020

The Ministry of Finance proposes the abolition of a 4 percent real estate acquisition tax. The proposal will be discussed on Friday 17 April by the Coalition Council of the Government and the National Economic Council of the Government (NECG)...

Compensation Bonus for Self Employed Persons Affected by the Current COVID-19 Situation - Czech Republic
Kocian Solc Balastik, April 2020

The Government recently approved the amendment of the Compensation Bonus Act. This Act, which was published in the Collection of Laws on 14 April 2020, and, with effect from 15 April 2020, introduced another instrument of support for self-employed persons whose business was negatively affected in connection with coronavirus. This extends the period for which the self-employed will be able to claim a bonus...

SyCip Law COVID-19 Legal Information Bulletin
SyCip Salazar Hernandez & Gatmaitan, April 2020

The Philippine Government has issued a slew of resolutions and circulars as part of its response to the COVID 19 pandemic and unsurprisingly, a number of legal and practical issues have beset businesses and persons under the Luzon-wide enhanced community quarantine (ECQ)1. Like the rest of the world, the country is bracing itself for a new normal – in the way enterprises are run, services are rendered, everyday tasks are undertaken...

Briefing on Issuances in Relation to the COVID-19 Pandemic (as of April 19, 2020)
SyCip Salazar Hernandez & Gatmaitan, April 2020

 This is a briefing on the following issuances as of April 19, 2020 in relation to the COVID-19 pandemic: A. Extension of Periods for the Filing and Submission of Various Documents and Payment of TaxesB. Mandatory Disclosure of Personal Information of COVID-19 Patients C. Securities and Exchange Commission (SEC) Issuances D. Bangko Sentral ng Pilipinas (BSP, the Central Bank of the Philippines) Issuances E. Insurance Commission (IC) Issuances F...

British Columbia Allows Electronic Attendance at Corporate Meetings
Lawson Lundell LLP, April 2020

On April 21, 2020, the Minister of Public Safety and Solicitor General of British Columbia issued a Ministerial Order (the “Order”) permitting electronic attendance at meetings (collectively referred to as “Corporate Meetings”) held pursuant to the Business Corporations Act, the Cooperative Association Act and the Societies Act (collectively, the “Statutes”)...

New Regulations and Policies Related to the COVID-19 Pandemic in Indonesia
Makarim & Taira S., April 2020

With the number of cases continuing to increase exponentially on a daily basis, the Coronavirus Disease 2019 (“COVID-19”) has now been determined a global pandemic by the World Health Organization (WHO) and has affected at least 213 countries across the world. On 2 March 2020, the Indonesian President, Joko Widodo announced the country’s first confirmed case...

Gov. Lee Leaves Tennessee Delivery and Curbside Alcohol in Limbo
Waller, April 2020

With Governor Lee’s order allowing curbside and delivery of alcohol set to expire at midnight April 30, we were expecting to see an extension of these privileges in connection with new guidelines for re-opening restaurants. We have the guidelines, but no mention of alcohol delivery and curbside service. The governor could still extend these privileges, but so far, he has not. Governor Lee said the state is releasing additional guidelines next week...

SEC provides temporary relief from form ID notarization requirements, extends crowdfunding filing deadlines
Waller, April 2020

As discussed on this blog, the Securities and Exchange Commission (SEC) has issued a number of orders providing conditional regulatory relief for certain publicly traded company filing obligations as a result of the challenges created by the spread of the coronavirus (COVID-19)...

Immigration Alert: How the Executive Order suspending immigration impacts sponsored workers
Waller, April 2020

On April 22, 2020, President Trump signed an Executive Order temporarily suspending the entry of certain immigrants into the United States. The Executive Order only affects foreign nationals who are currently outside the United States applying for permanent residence through the immigrant visa process at a U.S. consular post. Initially, the Executive Order will be in effect for 60 days, unless the administration determines that it should be extended...

CARES Act Update: New SBA Guidance on PPP Loan 'Necessity'
Hanson Bridgett LLP, April 2020

Since the passage over the Coronavirus Aid, Relief, and Economic Security Act, or the CARES ACT (the “Act”) start-ups and emerging companies have received mixed signals and guidance regarding their eligibility for loans and loan forgiveness under the Paycheck Protection Program ("PPP")...

Ready to Return to Work? Perhaps Not – San Francisco Temporarily Expands Paid Leave for Employees Impacted by COVID-19
Hanson Bridgett LLP, April 2020

  Key Points: SF passed emergency ordinance requiring employers to provide workers with supplemental COVID-related paid leave. The ordinance applies to employers not covered by federal Families First Coronavirus Response Act. Employers are required now to post notice about this emergency leave, which is available from SF’s Office of Labor Standards Enforcement. Despite the discussions of reopening businesses, employees may not be returning to work anytime soon...

Paycheck Protection Program SBA FAQ 31 – What Does the “Necessity” Certification Mean Today?
Dykema, April 2020

In a turn of events, likely in response to the headlines relating to companies and others returning PPP loan proceeds, on April 23, 2020, the Small Business Administration (SBA) and Department of the Treasury updated the Paycheck Protection Program Loans Frequently Asked Questions to include Question 31, which has been seen by many as a change in eligibility. The CARES Act specifically suspended the SBA 7(a) loan program requirement that borrowers be unable to obtain credit elsewhere...

What Do Eased Restrictions of Michigan’s Reaffirmed Stay-At-Home Measures Mean for Your Business?
Dykema, April 2020

On April 24, 2020, Governor Whitmer reaffirmed the stay-at-home measures set forth in Executive Order 2020-42, amended the scope of that order, and extended the duration of such measures through May 15, 2020 (unless modified earlier). While many of the restrictions from her prior executive orders remain in place, Executive Order 2020-59 includes some easing of in-person operation restrictions as well as some corresponding requirements for those operations...

Industry-Specific Considerations for Energy Companies Contemplating PPP Loans
Dykema, April 2020

With an additional $310 billion in funding for the Paycheck Protection Program (PPP) signed into law, energy companies should consider applying for PPP loans in order to maintain daily operations during the COVID-19 crisis. Generally speaking, companies may receive a maximum loan amount of the lesser of two-and-a-half times their average monthly payroll costs, or $10 million...

Preventive for Drivers and Operators in Transport Logistics Chain
Brigard Urrutia, April 2020

The Circular provides guidance on protection matters, aimed at drivers and operators in the logistics chain of land and river cargo transport, companies and drivers of public road passenger transport services, special, individual, mass, collective, mixed, cable transport, land transport terminals, rail transport and concessionaires of mass transport systems, which continue to be implemented during the health emergency, in order to prevent, reduce exposure and mitigate the risk of exposur

Deferred Payment of Obligations Invoiced by the ASIC and LAC
Brigard Urrutia, April 2020

The CREG granted the possibility to defer the payment obligations of the marketers invoiced by XM S.A. E.S.P in their ASIC and LAC functions...

CREG Amends Measures for the Payment of Electricity Service Bills
Brigard Urrutia, April 2020

The Public Utilities Superintendence submitted to the CREG concerns provided by public utility providers with respect to the provisions of Resolution 058 of 2020. In this regard, the main concern was that both workers in charge of measurement and users have shown reticence regarding the performing of consumptions measurements due to the high possibility of COVID 19 infection...

DIAN: Refund Requests Processed During the Health Emergency
Brigard Urrutia, April 2020

The DIAN issues Circular 06 of 2020 clarifying aspects related to the abbreviated processes of balances in favor refunds. The DIAN issued Circular 06 of 2020, which clarifies aspects related to the process of abbreviated refund established by Decree 535 of 2020. In this vein, the Circular indicates that until the end of the health emergency, the list of costs, expenses and deductions should not be attached to the request for summary refund...

DIAN: Tax Procedures Undertaken During the Health Emergency
Brigard Urrutia, April 2020

The DIAN issued Internal Circular No. 13 of April 18, 2020, establishing guidelines on the administrative processes to be carried out by the entity during the health crisis caused by COVID-19...

Invima will Prioritize Procedure of Medicines that Treat COVID-19
Brigard Urrutia, April 2020

INVIMA will prioritize the procedures for pharmaceutical products identified as essential for the treatment of symptoms and complications of COVID-19...

SIC Reinforces Protection for Rights of Users of Telecomms Services
Brigard Urrutia, April 2020

The Superintendence of Industry and Commerce (SIC) issued an administrative order, through Resolution 19012 of 2020, to providers of telecommunications networks and services providers (TNSP) to safeguard the rights of its users. We highlight the following measures: For mobile phone and internet operators: inform users of postpaid and prepaid services of their rights during the state of emergency and the rules that apply to the suspension of service for non-payment on time...

Biosecurity Protocol for Management of COVID-19
Brigard Urrutia, April 2020

By means of Resolution 666 of 2020 the Ministry of Health and Social Protection adopts the general biosecurity protocol to mitigate, control and perform the adequate management of Covid-19 pandemic. 1. Purpose Adopt the general biosecurity protocol applicable to all economic and social activities and sectors of the public administration. The biosecurity protocols are orientated to minimize factors that may generate transmission of COVID-19 and are of mandatory compliance. 2...

CARES Act Update: New SBA Guidance on PPP Loan 'Necessity'
Hanson Bridgett LLP, April 2020

Key Points: New guidance from the SBA clarifies the "necessity" requirement for PPP loans. Start-ups should proceed with caution when planning to apply for a PPP loan. Since the passage over the Coronavirus Aid, Relief, and Economic Security Act, or the CARES ACT (the “Act”) start-ups and emerging companies have received mixed signals and guidance regarding their eligibility for loans and loan forgiveness under the Paycheck Protection Program ("PPP")...

The IRS Provides Guidance Regarding Business Interest Expense Deductions and Expanded Bonus Depreciation under the CARES Act
Hunton Andrews Kurth LLP, April 2020

The Internal Revenue Service (“IRS”) released Revenue Procedure 2020-22 to provide guidance regarding the increased ability to deduct business interest expenses (and elections resulting from the change) and the expansion of bonus depreciation to include qualified improvement property under the Coronavirus Aid, Relief, and Economic Security Act, Pub. L. 116-136, 134 Stat. 281 (the “CARES Act”)...

EEOC Confirms Employer-Mandated COVID-19 Testing Does Not Violate the ADA
Hunton Andrews Kurth LLP, April 2020

On April 23, 2020, the EEOC updated its Technical Assistance Questions and Answers, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” which Hunton previously posted about here, to address questions that many employers are struggling with related to employee COVID-19 testing...

Consider Reconvening Your Board Before May 7 if You Received or Are In Process on SBA Loans Under PPP
Lowenstein Sandler LLP, April 2020

Today SBA provided an Interim Final Rule (IFR) and yesterday (Thursday), Treasury again updated its Paycheck Protection Program (PPP) FAQ sheet adding FAQ #31. The new FAQ #31 is an after-the-fact reset of the certification of need every borrower must make when applying for a PPP loan. In FAQ #31, Treasury seeks to retroactively apply a new interpretation of the certification of need and calls upon borrowers to reassess whether they meet the standard...

Heightened Scrutiny for Public Companies and Portfolio Companies of Funds for PPP Loans and No PPP Loans for Funds Themselves
Lowenstein Sandler LLP, April 2020

Certain provisions of the Coronavirus/Covid-19 economic stimulus legislation are subject to the issuance of government regulations and other government action, thus certain details regarding the legislation may be clarified or added. Due to increased political pressure, the pendulum has now clearly swung in favor of heightened scrutiny and enforcement in respect of PPP loans taken by public companies and portfolio companies of funds...

The Issues With the Main Street Lending Program
Lowenstein Sandler LLP, April 2020

Certain provisions of the coronavirus economic stimulus legislation are subject to the ongoing issuance of government regulations and other government action; thus, certain details regarding the legislation may be clarified, revised, or added...

EEOC Guidance Permits Employers to Test Employees for COVID-19
Dinsmore & Shohl LLP, April 2020

On April 23, 2020, the Equal Employment Opportunity Commission (EEOC) released new guidance that permits employers to test employees for COVID-19. In an update to its publication, “What You Should Know about COVID-19 and the ADA, the Rehabilitation Act, and other EEO Laws,”[1] the EEOC advised that an employer “may choose to administer COVID-19 testing to employees before they enter the workplace to determine if they have the virus...

CARES Act Provider Relief Fund: The Next $70 Billion
Dinsmore & Shohl LLP, April 2020

On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act allocated $100 billion to the United States Health and Human Services Department (“HHS”) to provide financial relief for eligible health care providers. The first $30 billion of what is now known as the CARES Act Provider Relief Fund was released earlier in April. This initial wave was allocated among providers in proportion to their 2019 Medicare fee-for-service payments...

President Signs Additional Appropriation for Small Business Relief
Haynes and Boone, LLP, April 2020

President Trump signed H.R.266, the Paycheck Protection Program and Health Care Enhancement Act (the “PPP/HCE Act”) this afternoon following passage of the bill by both houses of Congress. The PPP/HCE Act provides additional funding for small business loan and grant programs administered by the Small Business Administration (“SBA”) in response to the COVID-19 pandemic...

New Law Provides $100 Billion of Additional Healthcare Funding for COVID-19 Response
Haynes and Boone, LLP, April 2020

Today, the federal government enacted the Paycheck Protection Program and Health Care Enhancement Act (the “PPP/HCE Act”) to provide additional funding for loan and grant programs in response to the COVID-19 pandemic. The PPP/HCE Act modifies and increases funding for the Paycheck Protection Program and the Small Business Administration Economic Injury Disaster Loan program, as discussed in greater detail here...

COVID-19 Negative Oil Prices and Force Majeure
Haynes and Boone, LLP, April 2020

The negative pricing for West Texas Intermediate oil (“WTI”) on Monday has raised alarm bells for many of our clients in the exploration and production and midstream industries. This article will clarify the issues for these companies and explain the forces at work that have created this situation. The root cause of the current dilemma arises from the dramatic drop in demand starting with the onset of the COVID-19 virus on the United States...

South Africa: Update to the Coronavirus (COVID-19) TERS and Tax Treatment of C19 TERS Benefit
ENSafrica, April 2020

In light of President Ramaphosa’s announcement of a phased approach to the end of lockdown, many businesses will still be required to remain closed (or partially closed) after 30 April 2020. With this in mind, many employers will still require assistance from the Coronavirus (COVID-19) Temporary Relief Scheme (“C19TERS”)...

The Commission has Introduced Further Amendments of the Temporary Framework for State Aid During the Covid-19 Crisis
Delphi, April 2020

Many companies are affected by the economic crisis resulting from the spread of Covid-19. We have previously reported that, under the EU state aid rules, there are certain opportunities for the state and other public entitiesto provide support to these companies or sectors. On 19 March 2020, the Commission adopted a temporary framework for state aid, which was amended and extended on 3 April 2020, with a view to limiting the economic and social impacts of Covid-19...

The Commission has Published a Temporary Competition Framework and Guidelines for Ensuring Supply of Essential Products and Services during the Covid-19 Crisis
Delphi, April 2020

In a previous article we emphasised the importance of ensuring compliance with the competition rules even during an economic crisis – there are inter alia strict rules on cooperation between competitors. The outbreak of Covid-19 has led to a shortage of certain healthcare products...

Buchalter Client Alert COVID-19: New HMDA Final Rule Raises Loan Origination Reporting Threshold; Particular Significance for Certain Multifamily Lenders
Buchalter, April 2020

On April 16, the CFPB issued a HMDA final rule increasing the number of closed-end mortgage loans and/or open-end mortgage loans an institution must originate before it meets HMDA’s coverage thresholds. Effective July 1, 2020, institutions originating fewer than 100 closed-end mortgage loans in either of the two preceding calendar years will not have to report such data effective July 1, 2020...

Protection of Lessees during the COVID-19 Crisis
Cechova & Partners, April 2020

A draft bill [1] passed preventing lessors of real estate, including flats and non-residential properties, to unilaterally terminate lease due to delay of lessees with payment of rent, including payments for performance usually associated with the lease, which are due during the period between 1 April 2020 and 30 June 2020...

Nashville's Roadmap for Reopening
Waller, April 2020

Mayor Cooper has ordered Phase 1 of Metro Nashville’s Roadmap for Reopening to begin May 11. Restaurants and stores can open at half capacity starting Monday. The Roadmap is a four-phase plan to restart the city’s economy...

Remote Holding of General Meetings in Ukraine in 2020
Asters, April 2020

On 16 April 2020, the National Securities and Stock Market Commission (the Commission) approved by its Decision No...

Life Sciences Alert
Carey, April 2020

On April 15th, Exempt Resolution No. 258, that determines certain maximum prices in accordance with the abilities granted to the Ministry of Health by Decree No. 4/2020, was published in the Official Gazette...

Dispute Resolution before State Courts and Arbitral Tribunals in Times of the COVID-19 Pandemic
Heuking Kühn Lüer Wojtek, April 2020

The COVID-19 pandemic with contact restrictions and travel bans also poses challenges for civil proceedings. In the future, the functionality in pandemic times could be the material factor for the choice between state courts and arbitral courts because flexibility and options for responding to the COVID-19 pandemic are varying. State court proceedings Despite the COVID-19 restrictions, court deadlines must still be met...

COVID-19: Suspension of Terms and Other Temporary Migration Rules in Russia
ALRUD Law Firm, April 2020

On April 18th 2020, the Russian President signed a Decree establishing a temporary procedure for hiring foreign nationals in Russia and suspension of migration terms. Temporary rules apply from March 15th until June 15th, 2020...

COVID-19: New Limitations and Digital Pass System in Moscow and Moscow Region
ALRUD Law Firm, April 2020

In accordance with Decrees of the Moscow Mayor No. 42-UM dated April 10th, 2020 and No. 43-UM dated April 11th, 2020, visiting of most organizations is temporarily suspended and pass control is introduced, within the territory of Moscow. Resolutions of the Moscow Region Governor No. 176-PG dated April 10th, 2020 and No. 177-PG dated April 11th, 2020 introduced similar measures within Moscow Region...

COVID-19: Temporary Importation Measures on Medicines and other Human Health Products
Morgan & Morgan, April 2020

In order to allow the importation of medicines and other products for human health,during the State of Emergency, the National Directorate of Pharmacy and Drugs (DNFYD) of the Ministry of Health, has issued Resolution 280 of April 6, 2020 published in Official Gazette No...

Recent Supreme Court of Pennsylvania Ruling May Impact Interpretation of Force Majeure in Future COVID-19 Disputes
Dykema, April 2020

A recent decision by the Supreme Court of Pennsylvania concerning a challenge to Governor Tom Wolf’s executive order relating to COVID-19 could impact disputes nationwide that arise out of the pandemic and involve a determination of whether COVID-19 constitutes a “natural disaster” or other like term within the context of force majeure clauses. In its April 13, 2020, decision inFriends of Devito v...

DOL Issues More FFCRA Compliance Guidance on Paid Leaves
Dykema, April 2020

Guidance Focuses on Concurrent Leave Issues, Hours to be Paid During Leaves, and Regular Rates of Pay Applicable Now that covered employers are providing paid leaves under the Families First Coronavirus Act (the “FFCRA”), more questions about the FFCRA’s nuances are surfacing...

President Trump Issues Proclamation Barring Intending Immigrants From U.S. for 60 Days
Dykema, April 2020

After stating he planned on issuing an Executive Order earlier this week, President Trump yesterday issued a proclamation barring intending immigrants from the United States for 60 days beginning at 11:50 p.m. on April 23, 2020. It states it is intended to help U.S. workers facing high levels of unemployment due to the Coronavirus...

Michigan Department of Treasury Further Extends State Income Tax Relief
Dykema, April 2020

On Friday, April 17, 2020, The Michigan Department of Treasury issued two departmental notices; a Notice of Automatic Extension of State and Income Tax Filing Deadlines (the “Notice of Automatic Extension”) and a Notice Regarding Electronic Requests for Informal Conferences...

Compliance for PPP Loans: Different Questions for Different Lenders
Dykema, April 2020

As all lenders know by now, the Coronavirus Aid, Relief, and Economic Security Act’s (“CARES Act”) guaranteed Paycheck Protection Program (“PPP”) loans are the key piece of economic relief for small businesses during the COVID-19 crisis...

Round 2 of PPP loans: What Does this Mean for Private Equity and Healthcare Practices?
Waller, April 2020

The initial $350 billion in forgivable loans under the Small Business Administration’s Paycheck Protection Program (PPP) were claimed within 13 days. Given the initial interest, Congress on Thursday, April 23 approved an additional $484 billion of coronavirus-relief funding, including an additional $310 billion for the government-backed PPP and $75 billion in new funding for healthcare providers. President Trump is expected to sign the bill into law on Friday, April 24...

Mayor Cooper Approves Continued Take-Out for Beer - But no Word on Delivery in Tennessee
Waller, April 2020

Metro Nashville Mayor John Cooper announced a detailed plan for the staged reopening of restaurants, bars and music venues, as soon as May 1. The real question is: will anyone reopen their dining room on May 1st? You can read the entire Roadmap here. Initial reactions do not look good if you are in the market for a sitdown meal on May 1...

Dates Adjusted for Payment of the National Tourism Tax
Brigard Urrutia, April 2020

The Government postponed the filing due dates for the tax and other measures were taken in order to help the tourism sector. Due to the crisis generated by the COVID-19, the Government established through Decree 557 of 2020, that companies that provide international air passenger transport services, will have until October 30, 2020, to submit and pay the National Tourism Tax, corresponding to the first and second quarter of 2020...

Collection of Several Bancoldex Credit Lines
Brigard Urrutia, April 2020

Bancoldex credit lines that contribute to business sustainability and job preservation in the presence of COVID-19. This news is a compilation of all the credit lines that have been approved by Bancoldex in the last few weeks. Through Circular No...

Protective Guidelines for the Construction Sector
Brigard Urrutia, April 2020

On April 11, 2020 the Colombian Government established protection guidelines applicable to all personnel working on on-going construction projects during the health emergency, applicable to the activities of the project itself, as well as to the supply chain and materials, in order to prevent, reduce exposure and mitigate the risk of infection by coronavirus COVID-19...

US Chamber of Commerce Comments to the Main Street Lending Program
Hunton Andrews Kurth LLP, April 2020

On April 16, 2020, the US Chamber of Commerce (the Chamber) delivered a letter to the Federal Reserve and the United States Department of Treasury setting forth recommendations relating to the Main Street Lending Program that was announced by the Federal Reserve on April 9 and authorized pursuant to Title IV of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act)...

COVID-19 and Force Majeure: Jurisdictional Comparison and Practical Legal and Commercial Considerations
Hunton Andrews Kurth LLP, April 2020

The COVID-19 pandemic presents severe and unprecedented challenges to the global economy across all industry sectors. Given the number of countries that have, or are, introducing countermeasures and restrictions to tackle the COVID-19 pandemic, more and more businesses may find that they, or their counterparties, are prevented from fulfilling their contractual obligations...

In First Month of COVID-19 Guidance, the California Regional Water Quality Control Boards Have Issued Hundreds of Approvals for Compliance Extensions Submitted by Regulated Entities
Hunton Andrews Kurth LLP, April 2020

On March 20, the California Water Boards issued guidance about complying with regulatory requirements during the COVID-19 shelter-in-place orders. We summarized that guidance here. In short, the guidance directs regulated entities to “immediately” notify the Board if compliance is not possible and to seek appropriate relief. Water Board staff committed to “do their best to respond within 24/48 hours...

COVID-19: President Halts Immigrant Visa Admissions for Sixty Days
Hunton Andrews Kurth LLP, April 2020

On the night of Monday, April 20, 2020, the President tweeted that he would “protect” American jobs during the COVID-19 crisis by issuing an Executive Order that would “temporarily suspend immigration...

Money? What Money? Is It Time to Give Your Money Back? Updates to the PPP and the FAQ’s
Lowenstein Sandler LLP, April 2020

Certain provisions of the coronavirus/COVID-19 economic stimulus legislation are subject to the issuance of government regulations and other government action, thus certain details regarding the legislation may be clarified or added. On Tuesday, April 21, 2020, the U.S. Senate passed the Paycheck Protection Program and Health Care Enhancement Act[1](the “Enhancement Act”). The Enhancement Act amends the CARES Act...

FDA Updates its Guidance on Conducting Clinical Trials During COVID-19 Public Health Emergency
Verrill, April 2020

On April 16, 2020, the U.S. Food & Drug Administration (“FDA”) again updated its guidance on the “Conduct of Clinical Trials of Medical Products during COVID-19 Public Health Emergency,” adding seven new questions and answers to the guidance’s appendix. To learn more about the FDA’s guidance, please see our prior alerts here and here...

OHRP Issues Guidance on the Conduct of Research During COVID-19 Public Health Emergency
Verrill, April 2020

The U.S. Department of Health & Human Services Office for Human Research Protections (“OHRP”) issued guidance, dated April 8, 2020, on the application of Common Rule requirements to research being conducted during the COVID-19 public health emergency...

Buchalter Client Alert COVID-19: Takeaways from the DOL’s Latest FFCRA FAQs
Buchalter, April 2020

Earlier this week, the US Department of Labor (DOL) added to their long list of Frequently Asked Questions (FAQs) to the Families First Coronavirus Response Act or FFCRA. These latest additions raises the total of FAQs from an already robust 79 to a staggering 88. Combined with the DOL’s first FFCRA enforcement action in Arizona, this is the latest warning for employers to get fully prepared...

Buchalter Client Alert COVID-19: Opportunities in an Economy Shattered by Covid-19
Buchalter, April 2020

The stock market has had record declines and many businesses are shuttered, at least temporarily. Long-term prospects may still be positive but in the near-term the value of many entities has reduced. Are there transactions that privately-held businesses and their owners could implement that would allow them to achieve long-term goals that could benefit the business, the owner, and owner’s family? We believe that there are...

Privacy Commissioner Warns Security Issues in Zoom
Deacons, April 2020

The COVID-19 pandemic has resulted in many employees working from home, and brought about a need for a more collaborate meeting culture in place of physical meeting and travelling. Online meetings using video conferencing systems empower businesses to stay connected with their clients, and interact and collaborate with their employees working remotely via the Internet...

Corporate Governance and Registration with the Romanian Trade Registry During COVID – 19 – Emergency Kit Required
Nestor Nestor Diculescu Kingston Petersen, April 2020

As of 16 March, the day when the state of emergency was declared in Romania, the Government has adopted an impressive number of pieces of legislation aimed at preventing and limiting the spread of the new coronavirus, on one hand, and at reducing the negative impact on economy of the implemented solutions, on the other hand. To be specific, we are talking about 75 acts (primary and secondary legislation) adopted in the course of approximately 1 month...

COVID-19: Impacts and New Guidance for Skilled Nursing Facilities
Spilman Thomas & Battle, PLLC, April 2020

The COVID-19 pandemic has had a disproportionate impact on skilled nursing and assisted living facilities. While the following CMS recommendations and guidelines identify nursing homes as the target recipients, they are applicable to all facilities that receive Medicare and Medicaid funds, and are therefore subject to CMS's oversight...

COVID-19: Barbados Regulatory Update
Clarke Gittens Farmer, April 2020

In December 2019, health officials in Wuhan, China informed the World Health Organization ("WHO") of a strain of "pneumonia" affecting members of its population.1 This "pneumonia" was later identified as a severe acute respiratory syndrome coronavirus 2 ("COVID-19"). On March 11, 2020, the WHO declared COVID-19 a pandemic...

COVID-19: Tributary Measures for Economic Relief During Panama State of Emergency
Morgan & Morgan, April 2020

Panama, April 6, 2020. On Tuesday March 24th, 2020, the Executive Decree 251 of the same date was published in Official Gazette 28987-A which adopts tax measures to relief the economic effects of the National State of Emergency...

Summary of the Introduction of the 24-Month Working Time Frame for Employers & Summary of Governmental R+D Employee Subsidy In Connection with COVID-19 In Hungary
Szecskay Attorneys at Law, April 2020

On the 10thof April, 2020, the Government of Hungary as part of its long-awaited Economic Protection Action Plan (the “Plan”) introduced by Government Decree 104/2020 the possibility for employers to introduce a 24-month working time frame. According to Government Decree 104/2020, during the state of emergency the Labor Code shall apply with the exception that the employer may order a working time frame for a maximum of twenty-four months...

Chilean Central Bank Increases Upper Thresholds for the Investment in Alternative Assets by Pension Funds
Carey, April 2020

The Chilean Central Bank increased the upper thresholds for the investment in alternative assets by Pension Funds type A, B, C, and D, with the purpose of “promoting the diversification of Pension Funds' portfolios, granting them access to a better combination of risk and return ”. In the case of Pension Funds type E, the former limit was kept...

CORONAVIRUS: The Current Business Challenge
SMS - San Martin, Suarez y Asociados, April 2020

The so called “break-even point” is a relevant concept in business economy. Simply speaking, a company is in break-even point when the number of product units sold equals its Total Fixed Cost, divided by the respective Contribution Margin per Unit (i.e...

Tax Alerts
Carey, April 2020

Decree No. 553 establishes a tax measure for taxpayers subject to the presumptive income regime     On April 18, 2020, Decree No. 553 was published, which, in addition to Decree No. 420 , extends the deadline for taxpayers subject to the presumptive income tax system to exercise the option to pay taxes on income obtained during 2019, on the basis of effective income determined under full accounting. The deadline is extended until 31 July 2020...

Update on Online Actions and Procedures in Mining Matters due to the COVID-19 Pandemic
Carey, April 2020

In addition to those actions taken that benefit all industries, especially regarding labor and tax matters, the mining industry has been subject to some specific permits and proceedings. Collective Safe-Passage Permits...

Obligation of Using Masks
Carey, April 2020

On April 17th, 2020 was enacted Exempt Resolution No. 282 by the Ministry of Health which established the obligation of using mask on certain places and circumstances (the “Resolution”). 1...

Chilean Supreme Court Reaches Agreement Regarding the Operation of the Judiciary during the National Health Emergency
Carey, April 2020

ACT Nº 53-2020 of the Chilean Supreme Court, recently enacted, attempts to establish a set of norms that balance the protection of public health (to both members of the Judiciary and the general public) with the continuity of the judicial service, with the purpose of facing and getting through the contingency that endangers it...

Summary of International Government Emergency Measures as of March 1, 2020
SMS - San Martin, Suarez y Asociados, April 2020

The article has information regarding all Latin American countries; please contact us for the document or you can download it from this site ([email protected]...

President Trump Announces 60-Day Pause in Issuing Green Cards
Dykema, April 2020

Following up on his recent tweet to temporarily halt all immigration to the United States due to the coronavirus pandemic, President Trump announced his upcoming Executive Order would be limited to those people seeking permanent resident status in the United States (“green cards”) and would last for 60 days. This will apparently not apply to those seeking to enter the United States on non-immigrant visas...

Federal Court PPP Loan Applicants Can't Sue the Bank over PPP Rules
Waller, April 2020

With the promise of low-interest or no-interest loans, and even the possibility of loan forgiveness, small businesses rocked by COVID-19 have recently turned to banks to apply for federally guaranteed funds. These funds are vital to many small businesses in order to help them stabilize their financial health during the widespread economic fallout from the pandemic. They are seeking these funds under the recently enacted CARES Act...

SEC Confirms COVID-19 Relief Extends to Part III of Form 10-K
Waller, April 2020

The United States Securities and Exchange Commission (SEC) recently updated its Compliance and Disclosure Interpretations (CDI) to confirm that its recent orders extending the due date for SEC filings by up to 45 additional days in light of COVID-19 pandemic are applicable to the incorporation by reference of disclosure into Part III of Form 10-K. (Additional information on the prior orders is available here and here...

Extension of the Restriction on the Export and Re-Export of Products for Surgical Use in Costa Rica
BLP, April 2020

The Costa Rica´s General Directorate of Customs issued the statement DGA-010-2020, which expands the list of products for surgical use that have export and re-export restrictions, which they had initially established through directive DGA-003-2020. The products added are as follows: Mono-glasses: Mono-glasses with indirect ventilation, transparent lens, foam covered frame and adjustable headband. Ergonomic and panoramic design. HSC: 9004.90.10.00...

Decree 575 of 2020
Brigard Urrutia, April 2020

During the term of the health emergency declared by the Ministry of Health and Social Protection on the occasion of the COVID-19 Coronavirus pandemic or during the term of any health emergency declared by the Ministry of Health and Social Protection on the occasion of the COVID-19 Coronavirus pandemic, the following are modified: Article 7(1) of Law 105 1993, Article 8 of Law 688 of 2001, Article 98 of Law 1955 of 2019 Article 100 of Law 1955 of 2019, Article 19 of Law 336 of 1996

ANM Published a Resolution Regarding Mineral Resources and Reserves
Brigard Urrutia, April 2020

The National Mining Agency ("ANM") published, in recent days and after receiving comments from the public, the Resolution 100 of March 17, 2020 (the "Resolution"), which sets forth the conditions and periodicity for the submission of information on mineral resources and reserves in respect to a concession area...

INVIMA Extends List of Products Considered Non-Available Vital Product
Brigard Urrutia, April 2020

New products related to the health emergency by COVID-19 are declared as Non-Available Vitals. Since the issuance of Minute Num. 3 dated March 24, 2020, the Colombian Sanitary Authority, INVIMA, has declared certain products, subdivided in 16 categories, as NON-AVAILABLE VITALS, which as such, can be commercialized without a sanitary registration...

Federal Reserve Releases FAQ Page and Announces Updated Terms of the Primary Market Corporate Credit Facility
Hunton Andrews Kurth LLP, April 2020

On Friday, April 17, the Federal Reserve Bank of New York (Reserve Bank) released Frequently Asked Questions addressing the Primary Market Corporate Credit Facility (PMCCF) and the Secondary Market Corporate Credit Facility (SMCCF) (together, the CCFs). The Federal Reserve established the CCFs on March 23, 2020, to support the flow of credit to large employers in the wake of the COVID-19 pandemic...

Financial Institution Directors’ Duties: Key Considerations and Lessons from the 2008 Financial Crisis
Hunton Andrews Kurth LLP, April 2020

In responding to the novel coronavirus (COVID-19) pandemic and operating under the various emergency orders that have been issued by federal and state governments and other regulators, financial institutions and their boards of directors will have to make significant decisions in “real time” based on imperfect information and rapidly changing circumstances...

San Francisco Extends Commercial Eviction Moratorium
Hanson Bridgett LLP, April 2020

Key Points: SF Major extends commercial eviction moratorium through May 17, 2020. Moratorium applies only to commercial tenants registered to do business in San Francisco meeting certain requirements. Moratorium applies to all attempts to recover possession due to non-payment. Moratorium covers security deposits...

If Passed, the Facilitating Innovation to Fight Coronavirus Act Would Provide Liability and Patent Protections to Healthcare Professionals Battling COVID-19
Hunton Andrews Kurth LLP, April 2020

In two prior alerts, we addressed ways in which i) the federal government and ii) IP owners themselves may help in the fight against COVID-19 by temporarily broadening rights to use, make, and sell technologies protected by IP rights. A third creative solution that tries to balance IP rights protection with public health protection has been proposed by a member of Congress. On March 30, 2020, US Senator Benjamin E...

NY Department of Financial Services Issues Guidance to Regulated Entities Regarding Cybersecurity During the COVID-19 Pandemic
Hunton Andrews Kurth LLP, April 2020

On April 13, 2020, the New York Department of Financial Services (“NYDFS”) issued guidance (“April guidance”) to all New York State entities covered under NYDFS’s cybersecurity regulation regarding assessing and addressing heightened cybersecurity risks due to the COVID-19 pandemic...

False Claims Act Compliance Concerns in the Wake of COVID-19
Haynes and Boone, LLP, April 2020

In response to the economic impact of the COVID-19 pandemic, the federal government has passed several new laws to provide trillions of dollars of funding to affected businesses and individuals. But this also means there are new compliance considerations for entities receiving federal funds, especially as it relates to the False Claims Act’s “false certification” theory of liability...

Tax Update: Payment Plans - New Procedure Established by the Guatemalan Superintendency of Tax Administration
QIL+4 ABOGADOS, April 2020

The SAT, Superintendecy of Tax Administration, has recently published the new procedure to request payment plans (agreements), via email. The procedure goes as follow: 1. Taxpayer should send an email to the email address correspondent to his fiscal address and region:  Central Region: [email protected] Occidental Region: [email protected] Northeast Region: [email protected] South Region: [email protected]...

Requirements have been Made More Flexible so That Taxpayers can Deduct Expenses for Losses.
Rodrigo, Elias & Medrano Abogados, April 2020

Requirements have been made more flexible so that taxpayers can deduct expenses for losses By means of Supreme Decree No. 86-2020-EF, published today, the requirements for the deduction of expenses due to loss of stocks have been made more flexible...

Lockdown 2.0: MHA Notification Dated April 15, 2020 - Some Ambiguities and Discrepancies Persist While New Ones Crop Up
Kochhar & Co. Advocates & Legal Consultants, April 2020

The Ministry of Home Affairs (“MHA”) issued an order on April 15, 2020 containing the revised consolidated guidelines on the measures to be taken by the Central and State Governments for containment of COVID 19 (“Revised Guidelines”). The order/ Revised Guidelines specify the economic activities which will be permitted after April 20, 2020 (except in containment zones)...

Emission Trading Scheme in the Times of COVID-19 Lockdown
Nestor Nestor Diculescu Kingston Petersen, April 2020

In the midst of the COVID-19 waves, the EU Commission rejected the delay proposals on the Emission Trading Scheme (ETS)’s mandatory annual deadlines...

Pennsylvania Governor Provides Update for Stay-at-Home Order, the Construction Industry, Online Notarizations and Curbside Wine and Spirit Sales
Spilman Thomas & Battle, PLLC, April 2020

At a news conference on April 20, Governor Wolf announced he is extending his stay-at-home order until May 8, 2020. But in a nod to a construction industry that has been particularly hard-hit by the Governor’s shutdown and stay-at-home orders, Governor Wolf said he also will permit construction (both residential and non-residential construction) to resume throughout the Commonwealth on May 8, 2020...

COVID-19: Remobilising the Construction Sector
MinterEllisonRuddWatts, April 2020

The New Zealand Government has announced that New Zealand will move to Alert Level 3 (AL3), effective from 11.59pm on 27 April. For the construction sector, this means that ‘non-essential’ projects are able to remobilise to site and resume performance of their works – subject to compliance with health and safety and physical distancing rules...

Advertising Health Related Claims for COVID-19 Products
MinterEllisonRuddWatts, April 2020

Currently there is an increase in the production and sale of products to help deal with risks from COVID-19 such as face masks, hand sanitisers and other personal protective equipment. In some cases, these products are advertised with health related claims, including the prevention of COVID-19. With a rush to get products to market quickly in response to global demand there is an increased risk of unsubstantiated or misleading and deceptive claims...

Checklist for Return to Work (or Reinstatement) for Employees Impacted by COVID-19
Haynes and Boone, LLP, April 2020

Employers are now confronted with the next COVID-19 challenge: safely bringing employees back to work. The recent federal guidelines for “Opening Up America Again” specifically refer to recommended practices for employers...

Digital Signature in Bolivia
C.R. & F. Rojas Abogados, April 2020

The digital signature in Bolivia was created by the General Law on Telecommunications, Information and Communication Technologies No. 164, published on August 8, 2011, granting full legal and evidentiary validity to the legal act or business carried out using this technological tool. Supreme Decree No...

Declaration of Sanitary Emergency and Quarantine in Bolivia
C.R. & F. Rojas Abogados, April 2020

The Plurinational State of Bolivia, within the framework of its governmental powers and in accordance with the Declaration of Sanitary Emergency and Quarantine established in recent days, has determined to strengthen the latest measures. The government has conviniently declared that the total quarantine, extends until April 30, 2020, maintaining the suspension of public and private activities...

The COVID Coexistence: Macro and Micro Effects
SMS - San Martin, Suarez y Asociados, April 2020

The prosperous and globalized world as we know it has been suddenly slammed.Henry Kissinger, in his article published in WSJ on April 4, states that the historic challenge for the current leaders will be to manage the crisis while building a new future. If they fail, the world would be set on fire. He also says that nations rely on their institutions to foresee and deal with calamities, to arrest their impact and to restore stability...

ICYMI: President Trump Signs Executive Order on Core Principles for Regulating the United States Financial System
Spilman Thomas & Battle, PLLC, April 2020

If you haven’t been paying any attention for the last two weeks, you may have missed that on February 3, 2017 President Trump signed an Executive Order setting forth his administration’s core principles for regulating the United States’ financial system. The order seems to be the first step in fulfilling his campaign promise to change Dodd-Frank, the Obama-era financial law that was enacted after the 2008 financial crisis. The order contains three sections. 1...

President Trump Signs Executive Order on Regulatory Reform
Spilman Thomas & Battle, PLLC, April 2020

On February 24, 2017, President Trump issued another executive order designed to further his administration’s agenda to reduce regulations. Entitled “Enforcing the Regulatory Reform Agenda,” the executive order continues to make clear that “[i]t is the policy of the United States to alleviate unnecessary regulatory burdens placed on the American people...

Right to Work: The Law of the Land in West Virginia
Spilman Thomas & Battle, PLLC, April 2020

Late this afternoon, the Supreme Court of Appeals of West Virginia issued its decision in State v. AFL-CIO and upheld the constitutionality of West Virginia's “Right-Work-Act” (the Workplace Freedom Act). Justice Jenkins delivered the opinion in which our high court reversed the Circuit Court of Kanawha County and remanded the matter back to that lower court with instructions to enter Summary Judgment in favor of the State...

The Canada Emergency Wage Subsidy: Helping Employers Keep Employees
Lawson Lundell LLP, April 2020

Who is an Eligible Employer? “Eligible entities” include employers that are taxable corporations, individuals (such as sole proprietors), non-profit organizations, registered charities, and partnerships (all of the members of which are partnerships or one of the aforementioned entities) who had an existing business number and payroll program account with the Canada Revenue Agency (“CRA”) on March 15, 2020. Public institutions are not eligible (e.g...

Responses to Gaps in Government Programs for Growth Stage Innovation Companies
Lawson Lundell LLP, April 2020

After the federal government’s initial rollout of its COVID-19 Economic Response Plan to provide economic measures to stabilize the economy (previously described in our blog post here), a number of voices from Canada’s business community have warned of program eligibility gaps and, in particular, that early and growth stage technology and innovation businesses have fallen through the cracks...

FDA, TTB Help Distillers Aid Communities through Hand Sanitizer Production during Pandemic
Dinsmore & Shohl LLP, April 2020

The U.S. Food and Drug Administration (FDA) recently issued a burst of COVID-19-related guidance documents to facilitate expanded availability of medical products during the current public health emergency created by COVID-19. FDA-regulated products under these temporary policies include: PPE, diagnostic tests, hand sanitizers, disinfectant devices, remote monitoring devices, ventilators, and electronic thermometers for clinical use...

Buchalter Client Alert COVID-19: Local COVID-19 Related Emergency Sick Leave Ordinances in California: San Francisco and San Jose
Buchalter, April 2020

April 21, 2020 Cities in California have been implementing local ordinances providing for emergency supplemental paid sick leave for local workers in the wake of the COVID-19 pandemic, which adds complexity for employers navigating the rapidly changing obligations resulting from the pandemic...

CMS Releases Framework for Re-Opening Facilities that Provide Elective Healthcare Procedures
Waller, April 2020

On April 19, 2020, the Centers for Medicare and Medicaid Services (CMS) published guidance (the “CMS Guidance”) for reopening facilities to provide elective procedures or “non-emergent, non-COVID-19 healthcare...

HHS-OIG Adjusts Enforcement Priorities During the COVID-19 Pandemic Giving Some Comfort to Providers Focused on Caring for their Communities
Waller, April 2020

Every healthcare provider in the country is under significant operational and financial strain. Those on the front lines of emergency care are working frantically to either increase surge capacity or deal with the surge that has already come. Others are suffering financially from the stoppage of non-emergency procedures and patient visits. In the midst of this unprecedented public health crisis, there is a modicum of good news from a source that is not known for spreading joy...

External Circular 015 of 2020 Issued by the Superintendence of Finance
Brigard Urrutia, April 2020

The Superintendence of Finance of Colombia issued External Circular 015 of 2020, whereby instructions related to the treatment of subsidy resources drawn by the State through Credit Institutions or Specialised Electronic Deposit Societies (SEDPES) within the framework of the Solidarity Income Programme are detailed...

Exceptions to the Restriction of Free Movement for the Mining Sector
Brigard Urrutia, April 2020

Through Circular 4011 of 2020, the Ministry of Mines and Energy presents the considerations regarding the application of the exceptions to the restriction of free movement for the Mining Sector, as established in Article 3 of Decree 531 of April 08, 2020, by means of which"(...) it gives instructions under the health emergency caused by the Coronavirus COVID-19 and set measures for the maintenance of public order...

Automatic Approval for the Promotion of Foreign Financial Services
Brigard Urrutia, April 2020

The Superintendence of Finance of Colombia (SFC) introduced, by means of External Circular 035 of December 27th, 2019, the automatic authorization of collaboration agreements for the promotion of foreign financial services or products entered into by a local stock brokerage firm or a local financial corporation and a foreign financial entity provided they comply with the following requirements...

INVIMA will have Preferential Fees for Micro and Small Businesses
Brigard Urrutia, April 2020

Decree Number 557 intends to take economical and tax related measures to relieve economic burden to some companies and charity and social solidarity organizations in the context of the economic emergency caused by COVID-19. Specifically, micro and small business as well as associations and solidarity non-profit organizations, will have special discounts applicable to the payment of administrative fees before the sanitary authority, INVIMA...

Recent Measures Concerning the Birth Certificate in Colombia
Brigard Urrutia, April 2020

The Superintendence of Notaries and Registry and The National Civil Registry Authority issued new measures through Ruling 041 of 15 April 2020 for the prevention of spreading the Coronavirus COVID-19. These measures followed previous regulations issued through Rulings 031 and 037 of March 2020. The new regulation reminds who can request a birth certificate by presenting the certificate of live birth as provided in the law...

Decree 580 of 2020
Brigard Urrutia, April 2020

Measures taken for water, sewage and sanitation public utilities, within the framework of the State of Emergency...

ANH Published the Final List of Qualified Companies for the PPAA
Brigard Urrutia, April 2020

In accordance with the schedule of the Permanent Bidding Process ("PPAA"), the National Hydrocarbons Agency ("ANH") published on April 17 the final list of qualified companies to participate in the fourth cycle of this process, with which it is expected to reactivate the economy in Colombia...

A Pandemic Upsets Supply Chains as Proposition 65 Enforcement Soars and New Regulations Take Effect
Hanson Bridgett LLP, April 2020

Key Points: Since Governor Newsom announced a state of emergency due to the COVID-19 outbreak, private Proposition 65 enforcement has increased by about 50%. Effective April 1st, new regulations clarify how manufacturers can satisfy their Proposition 65 warning obligations. These new regulations also clarify when retail sellers assume the burden under Proposition 65 to warn Californians...

EEOC Updates Guidance Regarding the ADA, Rehabilitation Act, Other EEO Laws and COVID-19
Hunton Andrews Kurth LLP, April 2020

On April 17, 2020 the EEOC updated its Technical Assistance Questions and Answers to provide employers with additional guidance interpreting the ADA, Rehabilitation Act, and other EEO Laws in the midst of the COVID-19 pandemic. The EEOC first reminds employers that while these laws continue to apply, employers should still adhere to the ever-changing guidelines and suggestions made by the CDC or state/local health authorities...

UK ICO Releases Its Opinion on Apple and Google Partnership to Build COVID-19 Contact Tracing Technology
Hunton Andrews Kurth LLP, April 2020

Elizabeth Denham, the UK Information Commissioner, has released an opinion in response to the joint effort announced by Apple Inc. (“Apple”) and Google LLC (“Google”) to enable the use of Bluetooth technology to help governments and health agencies reduce the spread of COVID-19 by building contact-tracing technology into iOS and Android smartphones...

EU Publishes Common Toolbox and Data Protection Guidance on Tracing Apps to Fight COVID-19
Hunton Andrews Kurth LLP, April 2020

On April 16, 2020, the European eHealth Network—a voluntary network connecting national authorities responsible for eHealth designated by EU Member States—published a common EU toolbox for the use of contact tracing and warning apps in response to the coronavirus pandemic (the “Toolbox”)...

What Commercial Landlords Need to Know About Massachusetts Moratorium on Evictions and Foreclosures
Verrill, April 2020

On April 20, Massachusetts enacted a moratorium on evictions and foreclosures during the COVID-19 emergency (House, No. 4647). While the Act addresses residential tenants and residential foreclosures as well as commercial tenants, this brief synopsis is limited to the impact of the Act on commercial tenants and their landlords. Massachusetts courts are essentially prohibited from entertaining any non-essential eviction action with respect to a small business premises unit...

COVID-19 Webinar Series: Digital Assets, Blockchain and Fintech Toolkit for Success Webinar Recording
Bradley Arant Boult Cummings LLP, April 2020

Cryptocurrency, blockchain technology and fintech companies are well experienced in dealing with legal and regulatory issues that are unique, unprecedented and global. While usually creative and oriented to solving problems, even the most flexible of teams are stretched with the onslaught of issues unfolding in the wake of COVID-19...

Mexico: Extension of the Term of the Extraordinary Measures of the Health Emergency Declaration (COVID-19)
Haynes and Boone, LLP, April 2020

We have previously reported on the order that adopted the extraordinary measures under the COVID-19 health emergency declaration, published on March 31, 2020 (the “Order”), and the Technical Guidelines regarding certain essential activities described in Order, published on April 6, 2020...

South Africa: Coronavirus (COVID-19) and Privacy Concerns in your School
ENSafrica, April 2020

In light of the declaration of a national state of disaster as a result of the Coronavirus (COVID-19) pandemic, it is now likely that schools and further learning institutions in South Africa will remain closed for the foreseeable future (even after the national lockdown period) and online teaching will be inevitable. However, privacy, data protection and security are critical when teachers and learners are working remotely due to the higher risk of personal data breaches...

ENSafrica: Coronavirus (COVID-19) Legal Update
ENSafrica, April 2020

banking and finance Financial services under lockdown ENSafrica’s Banking and Finance team summarises some of the latest COVID-19 related regulatory amendments and updates pertaining to financial services. They also highlight some remaining areas of uncertainty. Here is the full article...

Hong Kong SFC Licensing and Compliance Hints
Deacons, April 2020

Is your firm monitoring compliance with the liquid capital thresholds continuously? As the financial resilience of some firms is being tested in the face of the COVID-19 crisis, it is timely for us to remind clients that a HK SFC licensed firm’s “liquid” capital must always exceed its “required” liquid capital and that it must formally notify the SFC "as soon as reasonably practicable and in any event within one business day of becoming aware”, if, am

Coronavirus: Impact on Football
PLMJ, April 2020

On 30 January 2020, the World Health Organization declared the existence of a public health emergency of international importance (PHEIC) and classified the virus SARS-CoV2 as a pandemic on 11 March 2020. Around the world, governments and organisations are seeking to introduce contingency rules to deal with the epidemic and the disease (COVID-19) caused by it.This situation has had an enormous effect on football, with the suspension of virtually all football competitions across the globe...

What Texas Licensed Healthcare Facilities Need to Know About Resuming Nonessential Surgeries
Haynes and Boone, LLP, April 2020

We recently discussed how the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) allocates $100 billion to the Public Health and Social Service Emergency Fund, to be distributed as relief funds to hospitals and other healthcare providers on the front lines of the coronavirus response (“Provider Relief Fund”)...

What Healthcare Providers Need to Know About Receiving Payments Under the CARES Act Provider Relief Fund
Haynes and Boone, LLP, April 2020

The Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”), a historic $2 trillion relief package signed into law on March 27, 2020, seeks to address the economic impact of the COVID-19 pandemic on several industries...

Catching Our Breath: Paycheck Protection Program Assessment as of April 20, 2020
Hunton Andrews Kurth LLP, April 2020

The first $349 billion of funding under the Coronavirus Aid, Relief and Economic Security Act (“CARES Act”) for the Paycheck Protection Program (“Triple P”) has now been allocated. The Small Business Administration (“SBA”) has now stopped accepting applications under the Triple P until its funding is replenished...

Federal Student Loan Payments Suspended
Spilman Thomas & Battle, PLLC, April 2020

Section 3513, one of the many provisions of the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), addresses the handling of most federal student loans.   The CARES Act suspends all loan payments through September 30, 2020, for certain types of student loans made or held by the United States Department of Education: Federal Direct Stafford Loans, Federal Direct Parent PLUS Loans, Federal Direct Grad PLUS Loans, and Federal Direct Consolidation Loans...

Ginnie Mae and COVID-19
Spilman Thomas & Battle, PLLC, April 2020

Amidst the rising number of mortgage loan forbearances due to COVID-19, Ginnie Mae has stepped in to limit the damage to issuers with its PTAP/C19 program.   The CARES Act provides borrowers with temporary protections in light of the economic distress caused by COVID-19. The CARES Act, signed into law on March 27, 2020, includes a series of protections for borrowers whose financial security has been affected by the COVID-19 pandemic...

Reverse Mortgage Industry Feels the Effects of the COVID-19 Pandemic
Spilman Thomas & Battle, PLLC, April 2020

It is difficult to capture in a sentence the impact the COVID-19 pandemic is having on our health, our families, our fears, the operations of businesses of all sizes, the world’s governments, and our future. Not one segment of people or group of businesses has reported the pandemic is not affecting them.   It therefore should not come as a surprise that the reverse mortgage industry is feeling the effects of the pandemic...

The Homeowner Can Believe Everything They Read – Even if They Filed Bankruptcy
Spilman Thomas & Battle, PLLC, April 2020

Federal appeals court gives effect to mortgage servicer’s disclaimers in monthly statements and letters and holds that homeowner is charged with carefully reading them and a basic level of understanding in what they say...

The REAL Trending Litigation Topics Regarding COVID-19: Week of April 20
Spilman Thomas & Battle, PLLC, April 2020

Another week brings another round of COVID-19-related lawsuits. Even after a month, we already can identify some early trends: refund lawsuits and second amendment claims continue to boom. A rise in takings claims may signal another trend, or a recent adverse decision from the Pennsylvania Supreme Court may throw cold water on business owners and citizens’ efforts to be compensated for government-directed impacts...

Watch List - Proposed Federal Prohibition Against Debt Collection In Times of Disaster/Emergency
Spilman Thomas & Battle, PLLC, April 2020

While the COVID-19 pandemic has led to the adoption of certain piecemeal consumer protection policies and/or guidances by individual states and the federal government, there have yet to be any sweeping changes to existing federal consumer debt collection laws or regulations in the wake of the pandemic. There has been a push, though, for the enactment of comprehensive consumer protection provisions...

Watch List - Proposed Rent and Mortgage Cancellation Act of 2020 Suspends Payments During Pandemic but Requires Landlords and Lenders to Meet Severe Criteria if They Seek Repayment
Spilman Thomas & Battle, PLLC, April 2020

On April 17, a bill was introduced in the United States House of Representatives seeking to create the Rent and Mortgage Cancellation Act of 2020. The primary feature of the bill is it would suspend all rent and mortgage payments due during the COVID-19 pandemic, beginning on April 1, 2020 and ending 30 days after the termination of the pandemic by the Federal Emergency Management Agency. The tenants and mortgagees would have no responsibility to ever make those payments...

Michigan Tech Start-Up Stabilization Fund Now Accepting Applications for Early-Stage Tech Company Funds
Dykema, April 2020

The Michigan Economic Development Corporation has announced the Tech Startup Stabilization Fund—a $3 million fund that will provide capital and support for Michigan tech startups impacted by the COVID-19 pandemic. ID Ventures is administering the fund and accepting applications from tech startups across the state at TSSFund.com...

U.S. Chamber’s Save Small Business Fund Accepting Grant Applications Starting April 20
Dykema, April 2020

The U.S. Chamber of Commerce Foundation is sponsoring the Save Small Business Fund—a grantmaking initiative offering short-term relief for small employers who are struggling during the COVID-19 outbreak. The fund will provide $5,000 grants to small employers in the United States and its territories that must be applied toward business expenses...

FDA’s Coronavirus Treatment Acceleration Program (CTAP): Hope for a COVID-19 Cure
Dinsmore & Shohl LLP, April 2020

On March 27, 2020, President Donald Trump signed into law a $2 trillion emergency relief bill to ease the economic impact of coronavirus (COVID-19) and support response efforts. The CARES Act[1] included an allocation of $80 million in funding to the U.S. Food and Drug Administration (FDA) to continue its COVID-19 response efforts. The additional agency funding will be used, in part, for the development of medical countermeasures and vaccines...

Buchalter Client Alert COVID-19: Estate Planning
Buchalter, April 2020

We hope this Alert finds you and your family healthy and safe during these unsettling times. COVID-19 has interrupted all of our normal routines but has provided many of our clients with a unique opportunity to take a pause and review existing estate planning documents to make sure they are still accurate. We have received numerous calls and emails from clients asking us to update their documents and the choices they made in previous years...

Key Issues to Address before Reopening after Coronavirus COVID-19 Closure
Waller, April 2020

With COVID-19 numbers beginning to stabilize and some states announcing re-opening dates, many businesses are starting to see the light at the end of the tunnel. With that, many employers are asking key questions: What do we do to get ready and how do we do so without jeopardizing the safety of our workforce and our customers or clients? There is much to consider and there seems to be no crystal clear path forward for employers...

South Africa: Water and Sanitation Emergency Procurement COVID-19 Disaster Response Directions published
ENSafrica, April 2020

In recognition of the ability to detect the Coronavirus (COVID-19) in sewage and the critical role of basic hygiene in combatting COVID-19, the Minister of the Department of Human Settlements, Water and Sanitation published directions. THese directions,  published on 15 April 2020, are in reference to the Disaster Management Act, 2002...

Top Ten Signals That Your Company is or May be a Candidate for Bankruptcy
Hanson Bridgett LLP, April 2020

Key Points: In most circumstances, the bankruptcy court should be a court of last, not first, resort. In certain circumstances, outlined in this article, the commencement of a bankruptcy case makes good sense. In most circumstances, because of the costs and uncertainties associated with the commencement and prosecution of a bankruptcy case, the bankruptcy court should be a court of last, not first, resort...

The IRS Provides Guidance Regarding Key Procedures For NOL Refund Claims and Certain NOL Elections under the CARES Act
Hunton Andrews Kurth LLP, April 2020

The Internal Revenue Service (“IRS”) issued Notice 2020-26 and Revenue Procedure 2020-24 to provide guidance regarding certain net operating loss (“NOL”) provisions in the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”). Notice 2020-26 allows an extension of time for taxpayers to apply for an expedited tax refund for certain NOLs and Rev. Proc...

Texas Governor Issues Executive Orders to Reopen Business for Retail and Healthcare Employers
Hunton Andrews Kurth LLP, April 2020

As detailed in our previous alert, Texas Governor Greg Abbott recently committed to begin the gradual process of reopening businesses in Texas. On April 17, 2020, Governor Abbott issued two Executive Orders that relate to the strategic reopening of select services as the first step to open Texas in response to the COVID-19 pandemic. Impact on Retail Employers Executive Order GA 16 (“E.O...

COVID-19 UPDATE: Travel Still Stymied Between US and Its Neighbors
Hunton Andrews Kurth LLP, April 2020

On March 23, 2020, we wrote about the impact of the global pandemic on travel between the United States and neighboring countries, in COVID-19: How Does the Outbreak Affect Travel Between the United States and Mexico or Canada? We explained that the US, Mexican and Canadian governments had agreed to close their contiguous borders between March 20 and April20, 2020, and then reassess whether borders should be reopened depending on the progress of the pandemic...

COVID-19 and Business Continuity in the EU
Hunton Andrews Kurth LLP, April 2020

As the COVID-19 outbreak continues to unfold, businesses are dealing with new and unprecedented operational and legal challenges. This article discusses key data protection considerations for businesses in connection with the COVID-19 pandemic, including the processing of personal data for healthmonitoring purposes, crisis management and cybersecurity preparedness, and steps businesses may take to ensure the business continuity of privacy compliance programs. I...

Updates on Tax Deadlines and Key Tax Provisions of the CARES Act
Lowenstein Sandler LLP, April 2020

Over recent days, the Internal Revenue Service has extended certain tax filing and payment deadlines and issued guidance on some provisions of the recently-enacted Coronavirus Aid, Relief, and Economic Security Act (the CARES Act). This alert summarizes key parts of this guidance. Extension of Deadlines The IRS announced that certain additional tax deadlines would automatically be extended...

New 90-Day CBP Duty Deferral Option
Lowenstein Sandler LLP, April 2020

The administration and U.S. Customs and Border Protection (CBP) recently announced a narrow 90-day duty deferral option to help companies cope with the economic effects of COVID-19...

Before You Cut Your Employees’ Wages–Antitrust for Employers in the Age of COVID-19
Lowenstein Sandler LLP, April 2020

As employers struggle with the poor economic conditions associated with the COVID-19 crisis, many are considering pay cuts. Naturally, in making this decision, many companies will consider what their peers are doing in order to determine how their actions will be received in the marketplace...

Employer Fears of Messing Up During COVID-19 Pandemic
Bradley Arant Boult Cummings LLP, April 2020

Even in pandemic-free times, the world of labor laws and employment regulations is at best confusing to an employer, and at worst, overwhelming. Adding the stress of emergency paid sick leave, ever-evolving unemployment qualifications, and shelter-in-place orders is enough to make any boss’s head spin. Business owners want to keep their employees healthy and safe. They also want to operate in a way that garners at least enough income to keep their doors open...

What are the Employer's Obligations During Different Deconfinement Phases?
Arendt & Medernach, April 2020

The government announced that as of 20th April 2020, masks (or alternative face protections) are mandatory when going outside (for authorised reasons only) when the required interpersonal minimum distance of 2 meters cannot be guaranteed. This measure is also applicable in the work environment. On 17th April 2020, a new grand-ducal regulation introducing a series of health and safety measures to fight against Covid-19 entered into force...

South Africa: Water and Sanitation Emergency Procurement COVID-19 Disaster Response Directions Published
ENSafrica, April 2020

In recognition of the ability to detect the Coronavirus (COVID-19) in sewage and the critical role of basic hygiene in combatting COVID-19, the Minister of the Department of Human Settlements, Water and Sanitation has published directions in terms of the Disaster Management Act, 2002. The Directions implement the emergency procurement of water supply and sanitation services to identified areas to combat the spread of COVID-19...

New Directives from the Chief Justice, Supplementary Directives from the Gauteng Judge President and Directions from the SCA in regard to litigating during lockdown
ENSafrica, April 2020

In order to provide guidance to litigators in navigating the national state of disaster, the Chief Justice has issued two sets of directives that apply to all courts across the country. The first was issued on 17March2020, and contained provisions restricting the number of people allowed in courts and implemented decontamination and social distancing protocols. The second was issued on 17 April 2020, and is to be read in conjunction with the initial directive...

The REAL Trending Litigation Topics Regarding COVID-19: Issue 3
Spilman Thomas & Battle, PLLC, April 2020

Another week brings another round of COVID-19-related lawsuits. Even after a month, we already can identify some early trends: refund lawsuits and second amendment claims continue to boom. A rise in takings claims may signal another trend, or a recent adverse decision from the Pennsylvania Supreme Court may throw cold water on business owners and citizens’ efforts to be compensated for government-directed impacts...

COVID-19: Is it an Event of Force Majeure under UAE Law?
Afridi & Angell, April 2020

The continuing COVID-19 pandemic has caused an unprecedented disruption of business worldwide, and many businesses and organisations will be scouring their current contracts to identify avenues of relief. In many cases, the pages containing the force majeure clause will be the first to be turned...

New COVID-19 State Guarantee Scheme for EUR 2 Billion Loan
Karanovic & Partners, April 2020

As part of a package of economic measures worth EUR 5.1 billion, the Serbian Government adopted a decree on 16 April 2020 establishing a guarantee scheme for loans to be provided by local banks to businesses to reduce the effects of the COVID-19 pandemic (the “COVID-19 Guarantee Scheme”)...

New Measures Implemented by the UAE Authorities in Response to COVID-19 [18 April 2020]
Afridi & Angell, April 2020

Below is a summary of key new measures that have been implemented by various UAE authorities since 15 April 2020 and the time of this inBrief, 12:00 noon on Saturday, 18 April 2020. Dubai’s National Disinfection Programme extended On 17 April 2020, Dubai’s Supreme Committee of Crisis and Disaster Management extended the 24-hour National Disinfection Programme for another week. The programme, which began on 5 April 2020, was initially scheduled to end on 18 April 2020...

BKPM Regulation No. 1 of 2020: Guidelines on the Provision of Integrated Electronic Business Licensing Services
Makarim & Taira S., April 2020

Overview On 1 April 2020, the Investment Coordinating Board (Badan Koordinasi Penanaman Modal – “BKPM”) issued BKPM Regulation No. 1 of 2020 on Guidelines on the Provision of Integrated Electronic Business Licensing Services (“BKPM Reg. 1/2020”).This regulation was issued to improve and streamline the licensing services provided through the Online Single Submission (“OSS”) System, to implement Article 94 (1) of Government Regulation No...

Commercial Lease at Shopping Centres and Impact of COVID-19
Ellex Klavins, April 2020

Modus Operandi for a Tenant who has Become a Hostage of Covid-19 Pandemic The pandemic of Covid-19 disease has turned everybody’s life upside down both professionally and personally...

Providers Must Comply with Reporting Requirements for CARES Act Relief Fund Pyments
Waller, April 2020

The Coronavirus Aid, Relief, and Economics Security Act (the “CARES Act”) added an additional $100 billion to the Public Health and Social Services Emergency Fund (the “Relief Fund”) to provide funding to healthcare providers responding to the coronavirus pandemic...

PA Health Secretary Orders Worker Safety Measures to Combat COVID-19
Spilman Thomas & Battle, PLLC, April 2020

Beginning Sunday, April 19, 2020, at 8:00 p.m., Pennsylvania businesses that are still permitted to be open will be required to implement certain safety measures under the enforcement of various state agencies and the state police.   The order issued by Department of Health Secretary Dr...

Social Distancing Rules Now in Place for Businesses in All WV Counties
Spilman Thomas & Battle, PLLC, April 2020

West Virginia now has one set of social distancing rules for businesses thanks to an emergency rule promulgated by the West Virginia Department of Health and Human Resources ("DHHR"). Prior to the DHHR’s rule, local boards of health were issuing county-by-county orders that created a patchwork of similar, but different, requirements throughout the Mountain State...

Ginnie Mae Pass-Through Assistance Program All Participants Memorandum
Lowenstein Sandler LLP, April 2020

On April 10, Ginnie Mae issued a new All Participants Memorandum (APM) officially implementing its Pass-Through Assistance Program (PTAP/C19) for issuers under Ginnie Mae’s Single-Family program for which the COVID-19 national emergency has caused liquidity concerns. The PTAP/C19 is not available to issuers under Ginnie Mae’s multifamily or reverse mortgage programs...

Comments on the Envisaged Measures Regarding Companies Corporate Governance
Nestor Nestor Diculescu Kingston Petersen, April 2020

On 14 April 2020 the Romanian Ministry of Justice published a new draft emergency government ordinance on certain measures regarding the holding of general meetings of shareholders and meetings of the management bodies (the “EGO”). Such EGO is intended to ease the holding of such meetings in the context of the restrictions applicable during the state of emergency...

Updated with FAQS: PA Health Secretary Orders Worker Safety Measures to Combat COVID-19
Spilman Thomas & Battle, PLLC, April 2020

Click here to access the FAQs provided bythe Pennsylvania Department of Health. Beginning Sunday, April 19, 2020, at 8:00 p.m., Pennsylvania businesses that are still permitted to be open will be required to implement certain safety measures under the enforcement of various state agencies and the state police.   The order issued by Department of Health Secretary Dr...

Need to Address COVID-19 Compliance Matters Underscored by New Pandemic Inspector General
Dykema, April 2020

The COVID-19 crisis has triggered an unprecedented response of federal and state relief programs to provide health care resources and economic relief. Once the country moves past the immediate crisis, the government will take a hard look at emergency payments. Along with $2 trillion in relief, the CARES Act established a new law enforcement authority within the Treasury Department: the Special Inspector General for Pandemic Recovery (the SIGPR)...

Faith-Based Organizations Provided an Exemption to Affiliation Rules Under the PPP
Dykema, April 2020

Paycheck Protection Program On March 27, 2020, the President signed the Coronavirus Aid, Relief, and Economic Security Act (the “Act”) to provide emergency assistance for individuals, families, and businesses affected by the coronavirus pandemic...

Local Decisions in Corona Times
Heuking Kühn Lüer Wojtek, April 2020

Even against the backdrop of the current COVID-19 pandemic (“corona”), cities, municipalities, and municipal associations need to continue to be efficient and, above all, capable of making decisions. This article provides an overview of the problems they are facing and offers some possible solutions.   Problem Numerous scheduled meetings have been canceled and remain suspended until further notice...

Paycheck Protection Program Disclosure Requirements
Dinsmore & Shohl LLP, April 2020

What is it? The Paycheck Protection Program (PPP) is a loan program geared toward small businesses dealing with the jarring disruptions caused by the novel coronavirus (COVID-19). It is a part of the larger $2 trillion CARES Act and run through the Small Business Administration. It provides $350 billion in loans to help businesses keep their workforce employed during COVID-19 crisis. Who can apply? The PPP provides loans to business with fewer than 500 employees...

When will Tennessee's Bars and Restaurants be Open for Business? Here's our Educated Guess
Waller, April 2020

This post is out of date. Look for specifics about reopening at our newer posts at Last Call. There has been plenty of speculation about what the new normal will be for dining out after stay-at-home orders are lifted. California took the lead in providing some guidance for restaurants. At a press conference on April 14, California Governor Gavin Newsom discussed what the new normal will look like for dining in a restaurant. As Yoda might say, “Normal, it will be not...

Creation of Subaccount for Emergency Mitigation
Brigard Urrutia, April 2020

On April 15, 2020, by means of Decree 559 of 2020, the President of the Republic ordered the creation of the Sub-account for emergency mitigation – Covid 19- within the National Fund for Disaster Risk Management. Its purpose will be to finance the provision of goods, services and works required to contain, mitigate and prevent the spread of the adverse effects derived from the COVID-19 pandemic in the Colombian population in condition of vulnerability...

Circular No.006 of April 2, 2020 about Colombia Responds Line
Brigard Urrutia, April 2020

By means of Circular No...

National Government Adopted New Measures Regarding Transport Sector
Brigard Urrutia, April 2020

Recently, the National Government has extended the preemptive mandatory isolation measure through Decree 531 of 2020. This has led to a review of the measured that had already been taken in the transport and infrastructure sector through Decree 482 of 2020...

EPA Continues Temporary COVID-19 Policies Despite Senators’, States’, Citizens Groups’ Scrutiny
Hunton Andrews Kurth LLP, April 2020

The U.S. Environmental Protection Agency (EPA) is attempting to thread the needle in responding to the COVID-19 pandemic: offering clarity about ongoing federal environmental obligations to the broad swath of regulated entities faced with the threat of significant disruptions and other challenges, while contending with intense opposition from others who perceive its temporary enforcement policy as a “free pass to pollute” and a failure to enforce legal requirements...

IRS Allows Amended 2018 and 2019 Partnership Tax Returns To Take Into Account CARES Act Benefits and Other Tax Attributes
Hunton Andrews Kurth LLP, April 2020

The Internal Revenue Service (“IRS”) released Revenue Procedure 2020-23 to allow eligible partnerships (and limited liability companies treated as partnerships for tax purposes) to file amended tax returns and issue amended Schedules K-1 to partners for 2018 and 2019 tax years. To take advantage of this relief, a partnership must file an amended IRS Form 1065 and issue corresponding Schedules K-1 before September 30, 2020...

Revenue Procedure 2020-26: IRS Issues Guidance on COVID-19 Related Forbearances Related to Securitization Issuers
Hunton Andrews Kurth LLP, April 2020

On April 13, 2020, the Internal Revenue Service (the “IRS”) issued Revenue Procedure 2020-26 (the “Revenue Procedure”), quickly providing broad and helpful relief concerning the tax impact to real estate mortgage investment conduits (“REMICs”) and fixed investment trusts (“Grantor Trusts”) of certain mortgage loan forbearances and related modifications resulting from the COVID-19 pandemic...

California Employers In The Food Sector Industry Ordered To Provide COVID-19 Supplemental Paid Sick Leave
Hunton Andrews Kurth LLP, April 2020

On April 16, 2020, Governor Gavin Newsom issued Executive Order N-51-20, which requires California employers in the food sector industry to provide certain workers affected by the COVID-19 pandemic with up to 80 hours of supplemental paid sick leave...

Details on Deadlines in Terms of Urban Planning and the Environment - Various Provisions in Terms of Deadlines to Deal with the COVID-19 Epidemic
Jeantet, April 2020

A new ordinance n°2020-427 of 15 April 2020 on various provisions regarding deadlines for dealing with the covid-19 epidemic (the “Deadlines Ordinance of 15 April 2020”), presented to the Council of Ministers on 15 April, was published in the Official Journal on 16 April 2020, as it was eagerly awaited by real estate and construction professionals, as well as by the renewable energy sector...

COVID-19 Webinar Series: What Employers Need to Know About Managing a Remote Workforce and the Latest Guidance from DOL and FFCRA Webinar Recording
Bradley Arant Boult Cummings LLP, April 2020

Please join Bradley and the Business Council of Alabama for a live webinar addressing key questions our clients are asking about navigating the impact of the coronavirus (COVID-19)...

South Africa: amendments to the lockdown regulations: take-home points for employers
ENSafrica, April 2020

On 16 April 2020, the Minister of Cooperative Governance and Traditional Affairs issued a notice which amended several material aspects of the lockdown regulations issued in terms of section 27(2) of the Disaster Management Act, 2002...

Personal Protective Equipment and Medical Devices – How do Companies Ensure Compliance with the EU Rules during the Covid-19 Crisis?
Delphi, April 2020

Covid-19 is a so-called droplet transmitted virus, which means that the virus is spread through droplets which are expelled when an infected person e.g. coughs, sneezes or speaks. In order to reduce the risk of infection, it is of great importance that healthcare personnel have access to protective equipment in the form of e.g. visors, face masks, gloves and overalls...

The Change to the Procedure for Case Management of Partnership Cases
Makarim & Taira S., April 2020

On 17 October 2019, the Indonesian Commission for the Supervision of Business Competition (“KPPU”) issued KPPU Regulation No. 4 of 2019 on The Procedure for Supervising and the Management of Partnership Cases (“KPPU Reg. 4/2019”) which revoked several previous KPPU regulations, i.e. KPPU Regulation No. 1 of 2017 on The Procedure for the Management of Partnership Cases (as amended) (“KPPU Reg. 1/2017”), and KPPU Regulation No...

The Swiss Government Declares a Nation-Wide Standstill of Deadlines for Debt Collection Proceedings
Walder Wyss Ltd., April 2020

On Wednesday 18 March 2020, the Swiss Government suspended all deadlines in debt collection proceedings until 4 April 2020. It is a first step under the state of emergency due to the corona crisis that was declared on Monday.   Read the entire article below...

What Happens if the Employee does not Consent to Short-Time Work?
Walder Wyss Ltd., April 2020

Short-time work compensation is a crucial component of the governmental COVID-19 rescue package for Swiss economy. The Swiss Federal Council in this context has recently enacted several formal facilitations and expanded the circle of entitled employees. Nevertheless, the requirement of obtaining the employees’ consent to short-time work remains central in several aspects.   Read the entire article below...

New Cost Relief Measures Implemented by UAE Authorities in Response to COVID-19
Afridi & Angell, April 2020

The UAE authorities have taken a number of measures to reduce the costs that businesses are facing during the current crisis. We now report on some of the measures that have been introduced, current as of 12:00 noon on Thursday, 16 April 2020. Abu Dhabi Department of Economic Development (ADDED) Administrative Resolution No. 92 of 2020 On 14 April 2020, the ADDED issued Administrative Resolution No...

Expiry of Mutual Obligations of Parties to Lease Agreements in Shopping Centres
Wardynski & Partners, April 2020

As aresult of the parliament’s intervention, mutual obligations of parties to lease agreements in shopping centres are deemed to have “expired.” Does that mean that the lease agreements have expired? The parliament has introduced into the Polish legal system aspecial regulation directly intervening in lease relationships in commercial facilities with asales area of over 2,000 m2. It is included in Art...

Coronavirus and Business Crime
Wardynski & Partners, April 2020

Fraud is lurking underside of the pandemic, requiring vigilance and preventive measures. The coronavirus pandemic threatens businesses not only with loss of profit, but also with potential losses due to criminal activity...

COVID-19's Impact on Player Contracts and the Right to Just and Favourable Conditions of Work and to Peaceful Enjoyment of Possessions in Sport
Wardynski & Partners, April 2020

The COVID-19 pandemic has caused mayhem in the world of sport. An earthquake hit when top leagues suspended competitions or cut them short. Then the tensions only kept rising as one major tournament after another was cancelled. The climax was reached when the Tokyo Olympic Games had to be postponed. As aresult, the industry has incurred multi-billion-dollar losses. And it is uncertain when the situation can be expected to improve...

IRS Extends April 15 Payment and Filing Date For Estate Taxes and Exempt Organizations Due to COVID-19 Emergency
Haynes and Boone, LLP, April 2020

The IRS issued Notice 2020-23 on April 9, 2020, which amplifies Notice 2020-18 and Notice 2020-20 (see our prior coverage here) and provides additional relief to affected taxpayers. In this Notice 2020-23, the IRS determined that any person (i.e...

Special Alert: SBA Releases Additional Guidance via New Interim Final Rule, Update to Frequently Asked Questions on Paycheck Protection Program Loans
Haynes and Boone, LLP, April 2020

On April 14 and April 15, 2020, the Small Business Administration ("SBA") provided additional guidance on the Paycheck Protection Program (“PPP”) through the issuance of a new Interim Final Rule (the “New Rule”). This rule supplements the first PPP interim final rule published on April 2, 2020, as well as issuing updates to the Frequently Asked Questions document (“FAQs”) originally published on April 2, 2020...

Buchalter Client Alert COVID-19: Large Employers in the City of Los Angeles Must Provide Supplemental Paid Sick Leave
Buchalter, April 2020

The federal government recently enacted the Families First Coronavirus Response Act (“FFCRA”), which requires small businesses with less than 500 employees to provide a certain amount of paid sick leave and paid family and medical leave to employees affected by COVID-19. Effective April 7, 2020, employees of large companies in the City of Los Angeles are entitled to up to 80 hours of paid sick leave due to reasons related to COVID-19...

Buchalter Client Alert COVID-19: Viral Issues for Commercial Finance Lenders and Borrowers
Buchalter, April 2020

The pandemic crisis unfolding in the United States and around the world has placed a significant strain on commercial lending relationships, and the pressure will only mount as the medical and financial ramifications unfold. For many companies, the immediate concern is of course liquidity. But in the face of falling revenue, shuttered businesses and extreme uncertainty, lenders and borrowers will need to make some tough choices when it comes to their ongoing lending relationships...

IRS Lets Taxpayers Change Horses Mid-Pandemic Section 163j and QIP
Waller, April 2020

In the age of COVID-19, “irrevocable” doesn’t always mean “forever.” The IRS is providing significant tax advantages to companies that are now permitted to take back their once irrevocable elections regarding the deduction of interest expenses for improvements to non-residential real estate...

Webinar Materials: When a Crisis Strikes: Effective Business Planning and Communications
Verrill, April 2020

With a health and economic crisis underway, the in house legal team is a crucial part of a company's response team. Whether facing the COVID-19 pandemic or an employment-related claim and subsequent investigation, your business and communications strategies need to work together from the start. This webinar kicks off with an overview of the top ten things in house counsel need to know to best deal with internal investigations...

CARES Act: Direct Grants to Institutions of Higher Education Under the Emergency Relief Fund
Lowenstein Sandler LLP, April 2020

While much of the CARES Act media focus is on the Small Business Administration’s Paycheck Protection Program and the distribution of stimulus payments, the act also provides for tens of billions of dollars in other relief. For example, the CARES Act establishes a $30...

New Jersey Amends Law To Permit Remote Member Meetings For Nonprofit Corporations
Lowenstein Sandler LLP, April 2020

What You Need To Know: New Jersey nonprofit corporations are permitted to hold member meetings by remote participation (solely by remote communication during a state of emergency declared by the Governor). A board of trustees must approve remote participation and the guidelines and procedures to govern a meeting. Governance document requirements and New Jersey Nonprofit Corporation Act provisions still apply...

Cares Act Guidance: Overview of IRS Guidance Regarding Deferral of Employment Tax Deposits and Payments
Lowenstein Sandler LLP, April 2020

The Coronavirus Aid, Relief, and Economic Security (CARES) Act allows employers to defer the employer’s portion of the Social Security payroll tax (6.2 percent) (and certain railroad retirement taxes) on wages paid from March 27, 2020, through December 31, 2020. The amounts deferred must be 50 percent repaid by no later than December 31, 2021, and the remainder by no later than December 31, 2022. The deferral is interest free...

COVID-19 Era Remote Work Environments Increase Cybersecurity Risks: What You Need to Know and Do
Lowenstein Sandler LLP, April 2020

In response to the COVID-19 pandemic, significant sectors of the global workforce abruptly shifted to working remotely. Private and public businesses, government operations, and educational institutions moved en masse to home-based work environments. This unprecedented disruption stressed not only the millions of individuals involved, but also the complex technology infrastructures that were suddenly required to accommodate massive traffic volumes...

SBA Paycheck Protection Program Update: Sole Proprietorships and Independent Contractors
Lowenstein Sandler LLP, April 2020

Certain provisions of the Coronavirus/Covid-19 economic stimulus legislation are subject to the issuance of government regulations and other government action, thus certain details regarding the legislation may be clarified or added. On April 14, 2020, the Small Business Administration (SBA) issued its third Interim Final Rule (the Third Interim Final Rule) on the Paycheck Protection Program (PPP) created by the CARES Act...

Employers Beware: COVID-19 Will Not Excuse Wage or Labor Fixing Agreements
Dykema, April 2020

The United States Department of Justice (DOJ) and the Federal Trade Commission (FTC) have made it clear that they will act to protect employees on the front lines of the battle against COVID-19. On the one hand, as we explained in a prior client alert, they previously announced pre-clearance procedures and other guidelines intended to make it easier for companies to collaborate in legitimate, pro-competitive ways...

Measures to Temporarily Decrease Contributions to the Pension System
Brigard Urrutia, April 2020

What is its purpose? Decree 558 seeks to adopt measures in the General Pension System in order to provide greater liquidity to employers, employees and independent contractors. It also seeks to protect pensioners under the programmed retirement scheme who receive a minimum monthly legal wage from a potential decapitalization of the pension savings accounts supporting the payment of their pension...

Transitional Measures for the Payment of Electricity Bills
Brigard Urrutia, April 2020

For the enactment of Resolution 058, the CREG considered the norms provided by Article 3 of Legislative Decree 517 of 2020 and CREG Resolution 012 of 2020. The following is a brief description of these regulations’ content: (i) Article 3 of Legislative Decree 517 of 2020 provides for the possibility of CREG to adopt special temporary schemes to defer payment of invoices issued...

Findeter Able to Provide Liquidity to Domiciliary Public Itilities
Brigard Urrutia, April 2020

As of the entry into force of Legislative Decree 581 of 2020 and until December 31, 2020, Findeter may grant direct loans to official, mixed and private domiciliary public utilities companies supervised by the Superintendence of Domiciliary Public Utilities, in order to provide them with liquidity or working capital...

CREG Adopts Transitional Measures for the Payment of Gas Bills
Brigard Urrutia, April 2020

For the enactment of CREG Resolution 059, the CREG considered Article 3 of Legislative Decree 517 of 2020. Article 3 of Legislative Decree 517 of 2020 provides for the possibility of CREG to adopt special temporary schemes to defer the payment of invoices issued. In addition, it authorizes CREG to adopt all measures it deems necessary to mitigate the effects of the State of Economic, Social and Ecological Emergency on users and agents in the gas chain...

New Decree on Insolvency Proceedings
Brigard Urrutia, April 2020

On 15 April 2020, the National Government issued Decree 560 of 2020, which adopts special transitional measures in insolvency processes, within the framework of the State of Emergency. The Decree modifies aspects of the current regime, adds mechanisms to protect the company and employment and, where appropriate, facilitate the reallocation of the debtor's resources to other uses through the liquidation process. 1...

Judicial Functions in Adoption Procedures
Brigard Urrutia, April 2020

The Ministry of Justice conferred judicial powers to the special public attorneys of family matters to carry on adoption procedures. The Ministry of Justice decided to confer judicial powers to the special public attorneys for family matters to carry on with the adoption procedures and guarantee the protection of children’s rights during the crisis generated by the COVID 19...

Temporary Measures for Health Sector
Brigard Urrutia, April 2020

AUTHORIZATION TO RENDER SERVICES The Secretary of Health and territorial entities will authorize, within a short period of time, and temporarily, health service providers who are registered in the REPS to: Temporarily adapt a place not destined to render health services, inside or outside their facilities. Temporarily convert or adapt a health service to render another, for which the health service provider is not authorized for. Expand the capacity of an enabled service...

National Government Issues New Measures in the Mining & Energy Sector
Brigard Urrutia, April 2020

The National Government, considering the economic, social and environmental emergency caused by COVID-19, has issued Decree 574 of 2020, aiming to conjure the effects of the emergency over the mining sector and to adopt measures that seek to guarantee the continuity of the power energy and gas public service provision. The National Government has identified the need to temporarily relief and suspend the compliance of certain legal and contractual obligation of some mining titles...

CARES Act Offers Assistance to Help Federal Contractors Who Offer Employees Paid Leave
Hunton Andrews Kurth LLP, April 2020

The COVID-19 pandemic is a crisis of both public health and economic well-being. Every business wantsto help its employees get through this difficult time with as little hardship as possible. Some businessescan continue to operate, and some employees can continue to perform, with remote working capabilities.For many others, such as businesses that must engage with people in person or those producing goodswith manufacturing equipment, this is impossible...

Public Works Projects in the Bay Area May Proceed Under COVID-19 Orders
Hanson Bridgett LLP, April 2020

COVID-19 related Executive Orders from Governor Newsom and shelter-in-place orders from County Health Officers in the Bay Area have restricted construction activities during this healthcare emergency. These restrictions apply to private projects and public works construction projects, although public works projects have broader flexibility to proceed. This alert will summarize how public works projects in the Bay Area can continue under the current orders...

Privacy Alert: Zoom or Not to Zoom?
Hanson Bridgett LLP, April 2020

As soon as we began to shelter-in-place during the COVID-19 crisis, most of us also started to hold virtual meetings, both professional and personal, as a better, more satisfying way to connect. For this, we turned en masse to a handful of video conferencing platforms. However, while we can all agree that these services help us do our jobs and stay in touch with loved ones, these services raise many novel privacy and security concerns...

EDPB Adopts Letter to European Commission on Apps Used to Fight COVID-19
Hunton Andrews Kurth LLP, April 2020

The European Data Protection Board (EDPB) adopted a letter on On April 14, 2020, concerning the European Commission’s draft Guidance on apps supporting the fight against the COVID-19 pandemic. This letter was written to the Commission following the Commission’s adoption of a recommendation to develop a common European approach to using mobile applications and mobile location data in response to the pandemic on April 8, 2020...

Key Data Protection Considerations Related to COVID-19 in the EU
Hunton Andrews Kurth LLP, April 2020

Where Do We Stand?As businesses continue to face unprecedented challenges resulting from the COVID-19 pandemic, ensuring individuals’ safety and the survival of business are two goals that are at the top of companies’ priority lists. To facilitate these goals, there are a number of key data protection considerations that companies doing business in the EU should take into account...

Public Procurement Code, Public Procurement Contracts and Other Public Contracts during the Period of COVID-19, What is the Situation?
Jeantet, April 2020

The current health emergency has called for the introduction of derogating and temporary rules on public procurement, both in the field of awarding and executing public contracts, given the current difficulties of enterprises and other economic operators to carry out their services and contracts normally in a period of containment. In public procurement law, Ordinance No...

South Africa: A new Online Portal and Easy Aid Guides for applying to the C19 TERS
ENSafrica, April 2020

In the wake of the rapid developments to the Coronavirus (COVID-19) Temporary Relief Scheme (“C19 TERS”) in the past few weeks, it is critical that employers remain informed and up-to-date on the latest processes in place. The C19 TERS was established to compensate employees who have lost income due to the COVID-19 pandemic, through the Unemployment Insurance Fund (“UIF”)...

South Africa: Will the Creation of a Coronavirus (COVID-19) Contact Tracing Database Pose any Security Concerns?
ENSafrica, April 2020

A recent government notice amended the regulations published in terms of the Disaster Management Act, 2002 to provide for the mandatory establishment of the COVID-19 Tracing Database by the National Department of Health. This database will trace people who are known or reasonably suspected to have come into contact with any person known or reasonably suspected to have contracted COVID-19...

South Africa: MPRDA related timeframes extended
ENSafrica, April 2020

The Minister of Mineral Resources and Energy recentlypublishedCoronavirus (COVID-19) related regulations pertaining to some of the prescribed timeframes in the Mineral and Petroleum Resources Development Act, 2002 (“MPRDA”). The relevant timeframes have been extended by the operation of law by thenumber of days of the ultimate duration of the COVID-19 lockdown period...

Coronavirus - Assisted/Support Programs for the taxpayers
Ellex Klavins, April 2020

In light of the state of emergency declared in the Republic of Latvia as a result of the spread of COVID-19 infection, we have summarized the most essential aspects of the government business support programs.The aggregated information is based on the Act on Measures for Prevention and Management of National Threats and Their Consequences in Relation to COVID 19 Proliferation, in force (amendments) on 05.04.2020 (available here) and other legal acts...

COVID-19: Summary of Government Support Available
MinterEllisonRuddWatts, April 2020

The New Zealand Government has provisioned $52 billion to spend (if necessary) on measures that cushion the impact of COVID-19 on businesses and communities, and support the long-term recovery of the country’s economy. The support programmes announced to date are primarily targeted at keeping businesses afloat and keeping employees in work using a variety of tools, including subsidies, preferential loans, revenue foregone and relaxations of regulatory obligations...

Will Latest COVID-19 Tax Changes Reignite M&A Transactions?
MinterEllisonRuddWatts, April 2020

While targeted as relief for small and medium-sized enterprises adversely affected by the COVID-19 pandemic, new tax measures announced today by the Government apply more broadly and may have significant implications for M&A transactions. The package of business tax changes could affect the purchase price for some target companies and potentially the timing of when transactions should complete...

COVID-19: Enhanced Community Quarantine Extended in Luzon until April 30; Bayanihan Act IRRs
SyCip Salazar Hernandez & Gatmaitan, April 2020

This is a briefing on the following issuances as of April 12, 2020 in relation to the COVID-19 pandemic:I. Extension until April 30 of the Enhanced Community Quarantine (ECQ) over LuzonA. Declaration of the Extension of the ECQB. Bureau of Internal Revenue (BIR) IssuancesC. Supreme Court Extends Deadlines for Filing of DocumentsD. Securities and Exchange Commission (SEC) IssuancesE. Intellectual Property Office (IPOPHL) Extends Filing and Payment DeadlinesF...

Extension of contractual deadlines expiring during the state of health emergency
Jeantet, April 2020

Adopted as part of the measures supporting enterprises in the context of the Covid-19 crisis, the ordinance n° 2020-306 of March 25th, 2020 contains the following temporary provisions applicable to contractual deadlines:   SUSPENSION OF THE CONTRACTUAL STIPULATIONS SANCTIONING THE NON-PERFORMANCE OF AN OBLIGATION According to Article 4 of the ordinance: “Penalty payments, penalty clauses, termination clauses and acceleration clauses, the purpose of which is to sanction the non-

Debt Securities - Serbia Changes Rules for the Issuance of Debt Securities
Karanovic & Partners, April 2020

The Government of Serbia adopted the Regulation on the Procedure for Issuance of Debt Securities (“Regulation”). This is one of the economic measures presented to reduce the negative effects caused by the COVID-19 pandemic and an attempt to support the economy of Serbia. The Regulation entered into the force on 10 April 2020...

Canadian Privacy Commissioners' Guidance During COVID-19
Lawson Lundell LLP, April 2020

Provincial health orders, guidance and physical distancing measures in response to COVID-19 have changed the way Canadians are working and studying. Organizations are suddenly more reliant on technical tools and approaches to doing business which have not all been fully vetted for privacy and security...

COVID-19 Rental of Non-Residential Premises: The Government Proposes Freezing the Possibility to Give Notice for Non-Payment
Kocian Solc Balastik, April 2020

The government approved a legislative bill to help mitigate the effects of the coronavirus epidemic on lessees of business premises. The proposal will be discussed at the 44th session of the Chamber of Deputies of the Parliament of the Czech Republic, which will be held on 7 April 2020...

Credit Financing in the Time of COVID - Basic Impacts on Financing Contracts
Kocian Solc Balastik, April 2020

General questions with respect to the impact of extraordinary measures on contractual relations have been mentionedHERE, in relation to financing contracts there are certain specifics, the basic outline of which is set forth in this note...

Financial Reporting During the Coronavirus Epidemic
Kocian Solc Balastik, April 2020

While stock exchanges worldwide have experienced dramatic downturns and the economy is apparently heading for a global recession, supervisory organs are taking measures to respond to the situation by means of financial market regulation...

Impact of Coronavirus on Landlords
Kocian Solc Balastik, April 2020

  Like other taxpayers, landlords are currently exposed to various economic pressures. On one hand, they have to cover the expenses related to their property, but on the other hand they often do not receive rent from tenants who have had to restrict their operations because of the government measures against the coronavirus...

What Impact do the New Tax Measures have on VAT Payers' Obligations in the COVID-19 Era?
Kocian Solc Balastik, April 2020

  VAT payers, who have monthly obligations, may no longer be oriented in the flood of newly adopted tax measures to help taxpayers to overcome the current situation caused by the spread of the coronavirus. For this reason, we provide a brief overview of the tax measures specifically related to VAT and add some important remarks that should be kept in mind...

Measures to Mitigate the Effects of COVID-19 on the Tourism Sector – Rescheduling of a Package Tour
Kocian Solc Balastik, April 2020

  On 6 April 2020, the Government approved a bill on certain measures to mitigate the impact of the SARS-CoV-2 coronavirus epidemic on the tourism sector. On 8 April 2020, the bill will be discussed by the Chamber of Deputies Committee for Public Administration and Regional Development and subsequently by the Chamber of Deputies. The Act applies to package tours starting on 20 February 2020 through to 31 August 2020...

COVID II Programme - Government Financial Support for Self-Employed and Small and Medium-Sized Enterprises
Kocian Solc Balastik, April 2020

Aid for self-employed persons and small and medium-sized enterprises (SMEs) affected by anti-coronavirus measures pursuant to the Czech Government’s 'COVID GUARANTEE' programme was exhausted in one day. On Monday, March 30, 2020, the terms and conditions of the follow-up COVID II program will be published, in which CZK 5 billion should be available. The rush of applications is expected, so action needs to be taken quickly and not delayed...

State of COVID Emergency Conditions -What Does "State of Emergency" Actually Mean and What are the Powers of the Government in the Regard?
Kocian Solc Balastik, April 2020

What does "state of emergency" actually meanand what are the powers of the Government in the regard? Can someone claim damages incurred in relation to the state of emergency? State of Emergency With effect from 12 March 2020 at 2 pm, the Government of the Czech Republic (the “Government”) has declared a state of emergency for 30 days for the territory of the Czech Republic due to health threats related to the presence of coronavirus in the Czech Republic (Governme

List of COVID Prohibitions and Exceptions Valid from 27.3.2020
Kocian Solc Balastik, April 2020

The set of several emergency measures of the Ministry of Health dated 23 March 2020 banned the retail sale of goods and services. It also banned the public presence at selected premises or selected times, prohibited the operation of certain premises, prohibited the free movement of persons or restricted the activities of public authorities and administrative bodies. On 26 March 2020 the Ministry of Health amended these measures...

Impact of the Government COVID Measures on Employment Relations
Kocian Solc Balastik, April 2020

The current situation has a considerable impact on employment relations...

What Impact may the current COVID-19 situation have on your contractual obligations?
Kocian Solc Balastik, April 2020

Many governmentalregulations may prevent contractual obligations from being duly fulfilled. How can you best handlethe performance, or more precisely, thenon-performance of your contracts? Force majeure Section 2913 of Act No. 89/2012 Coll...

Public Contracts Connected with COVID-19 Not Subject to the Rigours of the Public Procurement Law
Wardynski & Partners, April 2020

The pandemic requires immediate response and rapid launch of solutions for combating the coronavirus and its socio-economic impacts. Thus the Anti-Crisis Act includes provisions allowing contracts for fighting the pandemic to be awarded without following lengthy formal procedures. It usually takes along time from commencement of proceedings for award of apublic contract to conclusion of acontact with the selected contractor...

Illinois Suspension of Consumer Debt Collection Measures Takes Effect
Dykema, April 2020

In the face of the COVID-19 pandemic, Governor J.B. Pritzker has provided relief to Illinois consumers’ pocketbooks. On April 14, 2020, the Governor issued Executive Order in Response to COVID-19 No. 23 (“Executive Order 23”). The stated purpose of Executive Order 23 is to ensure that Illinois residents have funds for essential items such as food, medicine, housing, and transportation by temporarily suspending certain consumer debt collection measures...

Trading Agreements and COVID-19: Addressing Force Majeure, Market Disruptions, and Traders Working Remotely
Haynes and Boone, LLP, April 2020

The nearly global response to the spread of the deadly Coronavirus has led to governmental authorities at all levels issuing “stay-at-home orders,” “orders to close non-essential businesses,” and bans on gatherings of 10 people or more. The resulting shut-down, as well as the impact of widespread remote-working practices and displacement of personnel, may disrupt or interrupt trading and hedging activity...

Federal OSHA's New COVID-19 Enforcement Guidance
Haynes and Boone, LLP, April 2020

On April 13, 2020, Federal OSHA implemented its nterim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19)(“Enforcement Plan”), which provides instructions and guidance to Area Offices and OSHA investigators for handling COVID-19-related complaints, referrals, and severe illness reports...

Prop. 65 Filings Are Not Slowing Down Despite The Pandemic
Buchalter, April 2020

This is not a coronavirus update, but as you can expect, the number of Prop. 65 filings has not decreased significantly during the pandemic. Between March 2nd and April 14th, there were four hundred sixty-nine (469) 60-Day Notices of Violation filed, compared to five hundred ten (510) 60-Day Notices filed between January 1st and March 1st. As you may know, California’s courts are not likely to re-open until around June 1st...

Buchalter Client Alert COVID-19: COVID-19 Multifamily and Single Family Mortgage Updates: FHA Multifamily Payment Forbearance and Tenant Eviction Moratorium, Deferral of Appraisals on Certain Loans, Extensions of Deadline to Implement Revised URLA and AUS Specifications
Buchalter, April 2020

Governmental and GSE responses to the COVID-19 crisis continue at a rapid pace. Just within the last few days, new guidelines have been issued regarding several multifamily and single family residential topics. These new guidelines add to existing COVID-19 related guidelines and restrictions issued by federal and state regulators, other state and local government authorities, GSEs and FHA...

Buchalter Client Alert COVID-19: Loan Assistance for Small and Medium-Sized Businesses: Federal Reserve Issues Term Sheets for Main Street Lending Program
Buchalter, April 2020

In a major development to assist businesses with up to 10,000 employees or up to $2.5 billion of annual revenue which have been impacted by the COVID-19 pandemic, the Federal Reserve has issued Term Sheets for the two portions of the Main Street Lending Program created by the CARES Act, the Main Street New Loan Facility ("MSNLF"), and the Main Street Expanded Loan Facility ("MSELF")...

The Paycheck Protection Program: FOIA and Potential Implications for Applicants and Investors
Lowenstein Sandler LLP, April 2020

The Paycheck Protection Program (PPP) has now seen days of frenzy over application uncertainties, eligibility questions, and employee count/loan amount calculations. One item not mentioned, but worth discussing, is the public nature of the application and potential implications that it has to applicants and investors...

SBA Issues Interim Final Rule with Additional Guidance on the Paycheck Protection Program
Hunton Andrews Kurth LLP, April 2020

On April 14, the US Small Business Administration (“SBA”) released an immediately effective interim final rule (the “Interim Final Rule”) providing additional guidance for the “Paycheck Protection Program” established under the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act” or “Act”)...

Resolution 4985 of 2020, ANI’s New Measures
Brigard Urrutia, April 2020

By means of Resolution 4985 of 2020 issued on April 13th, ANI updated the measures that had originally been taken through Resolution 471 of 2020 to face the health emergency declared by the National Government amid COVID-19 pandemic...

Supply of Personal Protection Equipment for Employees
Brigard Urrutia, April 2020

Through this Circular, the Ministry of Work recalls that all employers are obligated to provide their employees with proper protection equipment with the safety and efficiency conditions required according to the risk´s nature...

SBA Issues Guidance on PPP Loans for Law, Accounting, and Other Service Partnerships
Hanson Bridgett LLP, April 2020

April 14, 2020, the SBA issued new guidance on the treatment of service partners for Payroll Protection Program (PPP) loans. The Interim Final Rule Paycheck Protection Program – Additional Eligibility Criteria and Requirements for Certain Pledges of Loans clarifies that individuals treated as partners may not submit a separate PPP loan application as an "eligible self-employed individuals...

D&O Insurance Coverage for COVID-19-Related Government Investigations
Hunton Andrews Kurth LLP, April 2020

Many directors and officers liability (“D&O”) policies contain a coverage extension for expenses incurred to respond to government investigations, including subpoenas and requests for documents, among other things. In most D&O policies affording this coverage, the coverage is available only if an individual insured receives a formal request from the government or is the target of the investigation, regardless of whether the company also is named...

Argentina Fintech Legal News - Special Edition COVID-19
Beccar Varela, April 2020

This is a summary in which we have briefly described the main regulations issued so far in Argentina during the COVID-19 health emergency that affect or are related to fintech and digital banking activities...

COVID-19 Webinar Series: May I Be Excused? Force Majeure Controversies at Home and Abroad Webinar Recording
Bradley Arant Boult Cummings LLP, April 2020

COVID-19's impact on contract performance looms large over business and industries across the globe. This presentation will address whether and how COVID-19 operates contractually as a force majeure event in the US and key foreign markets including Canada, Mexico, Asia, Europe and Australia...

Historic Coronavirus Aid Bill Expands Small Business Bankruptcy Relief
Bradley Arant Boult Cummings LLP, April 2020

On March 27, 2020, President Donald Trump signed into law the third major coronavirus-related legislation in the last several weeks – the Coronavirus Aid, Relief, and Economic Security (CARES) Act – in response to the pandemic and resulting economic crisis. The CARES Act includes substantial federal spending and loan commitments that will benefit individuals and businesses. But that is not all...

COVID-19: Key Data Protection and Cybersecurity Issues Triggered by the Spread of Coronavirus Infection
ALRUD Law Firm, April 2020

Spread of coronavirus infection made companies to change their daily practices in order to ensure continuous business operation without compromising individuals’ safety. In this newsletter, we elaborate on the most sensitive legal issues in terms of data protection, privacy and cybersecurity...

Modification of Contracts and Contractual Penalties in Public Contracts in the Face of the Pandemic
Wardynski & Partners, April 2020

As a result of the pandemic, many planned and existing contracts have been paralysed. The uncertain situation forces the parties to cease performing contracts or at least poses barriers to performance. In this situation, can they change the contract? Will they have to pay contractual penalties and damages? The Anti-Crisis Act comes to their aid...

COVID-19: New Limitations and Digital Pass System in Moscow and Moscow Region
ALRUD Law Firm, April 2020

In accordance with Decrees of the Moscow Mayor No. 42-UM dated April 10th, 2020 and No. 43-UM dated April 11th, 2020, visiting of most organizations is temporarily suspended and pass control is introduced, within the territory of Moscow.Resolutions of the Moscow Region Governor No. 176-PG dated April 10th, 2020 and No. 177-PG dated April 11th, 2020 introduced similar measures within Moscow Region...

New Measures Implemented by the UAE Authorities in Response to COVID-19 [14 April 2020]
Afridi & Angell, April 2020

Below is a summary of key new measures and initiatives that have been implemented by various UAE authorities since 9 April 2020 and the time of this inBrief, 6:00 p.m. on Monday, 13 April 2020.   Commercial Activity On 13 April 2020 the Dubai Department of Economic Development issued a circular on the re-opening of some commercial activities and emphasised that these activities must continue to comply with preventive guidelines, including operating only between the hours of 8:00 a.m...

Liquidity Decree - Restructuring Support Measures
Gianni, Origoni, Grippo, Cappelli & Partners, April 2020

Introduction The Italian Government has adopted Law Decree no. 23 of 8 April 20201 (the "Liquidity Decree"), which provides for additional measures to support companies in the current COVID-19 emergency...

Coronavirus: Rent Moratoriums and Suspension of 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 the disease it causes, Covid-19.A state of emergency was declared in Portugal by Decree of the President of the Republic 14- A/2020 of 18 March and was renewed by Decree of the President of the Republic 17-A/2020 of 2 April...

CIPL Publishes Article on COVID-19 as a Case Study for Privacy Accountability
Hunton Andrews Kurth LLP, April 2020

On April 14, 2020, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth LLP published an article entitled “COVID-19 Meets Privacy: A Case Study for Accountability” (the “Article”). The response to the COVID-19 pandemic has seen increased use and sharing of data in both the public and private sectors...

COVID-19: Considerations for Internal Controls Over Financial Reporting
Hunton Andrews Kurth LLP, April 2020

The COVID-19 pandemic poses unique and novel challenges to publicly-traded retailers, particularly with respect to design and testing of both internal controls over financial reporting and disclosure controls and procedures...

Leveraging Technology for the SBA’s Paycheck Protection Program
Hunton Andrews Kurth LLP, April 2020

For the past ten days, banks have faced the herculean task of helping the Small Business Administration (“SBA”) distribute $349 billion to small businesses to cover eligible payroll expenses as they navigate the COVID-19 crisis. To put this in context, the SBA typically processes about $25 billion a year—meaning the agency has to process over 10 times the total yearly average of loans in less than two months...

Federal Reserve Releases High-Level Terms of Main Street Lending Program
Hunton Andrews Kurth LLP, April 2020

On April 9, 2020, the Federal Reserve announced actions providing up to $2.3 trillion in loans to support the US economy. These actions included the creation of two facilities that comprise the Main Street Lending Program referred to under Title IV of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act)...

COVID-19: Considerations for Internal Controls Over Financial Reporting
Hunton Andrews Kurth LLP, April 2020

With many public companies recently completing the first fiscal quarter of 2020, the quarterly financial statement close and reporting process is in full swing for a large percentage of issuers. The COVID-19 pandemic poses unique and novel challenges to those companies during this process, particularly with respect to design and testing of both internal controls over financial reporting and disclosure controls and procedures...

Who Would Offer a Free License to IP? Those Taking the Open COVID Pledge
Hunton Andrews Kurth LLP, April 2020

“We … pledge to make our intellectual property available free of charge for use in ending the COVID-19 pandemic and minimizing the impact of the disease.” This is the Open COVID Pledge, voluntarily undertaken by organizations—including companies, universities, and other intellectual property (IP) rights holders—who decide to grant temporary free access to their IP rights to help fight the COVID-19 pandemic...

CARES ACT: Forbearance of Federally Backed Multifamily Mortgage Loan Payments and Temporary Moratorium on Eviction Filings
Hunton Andrews Kurth LLP, April 2020

The widespread economic disruptions caused by the novel coronavirus (COVID-19) have left many residential tenants nationwide struggling to make rental payments, and, in turn, their landlords may also be struggling to make mortgage loan payments. In its sweeping stimulus act, the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act), signed into law by President Trump on March 27, 2020, Congress provided some relief to multifamily borrowers and tenants...

Commission for the Financial Market Establishes Deadlines for the Submission of Information by Insurance Entities and Suspends Examination for Insurance Brokers and Claims Adjusters
Carey, April 2020

On April 9, 2020, the Commission for the Financial Market ("CFM") issued Directive Nr. 1146 which, according to the situation associated with the outbreak of Covid-19 and the State of Constitutional Disaster Emergency, resolved the following:   I. Establishing by 2020 the following deadlines for the submission of reports on the following regulations: General Rule Nr...

SERNAC’s new Interpretative Circular on the Suspension of Terms of Legal, Voluntary and Satisfaction Guarantees during the Health Crisis of COVID-19
Carey, April 2020

On April 9, 2020, the National Consumer Service (SERNAC) published the "Interpretative Circular on the suspension of terms of legal, voluntary and satisfaction guarantees during the health crisis of COVID-19". The document seeks to provide a harmonious interpretation of Law No. 19,496, Consumer Protection Act (CPA) and its principles, in the light of the measures adopted as a result of COVID-19 that have affected compliance with obligations arising from consumer contracts...

Liquidity Decree - Tax Support Measures
Gianni, Origoni, Grippo, Cappelli & Partners, April 2020

ThThe Italian Government has adopted Law Decree no. 23 of 8 April 2020 (the "Liquidity Decree"), published in the Official Journal of the Italian Republic no. 94 of 8 April 2020, which provides for additional measures to support companies in the current COVID-19 emergency...

Liquidity Decree - Golden Power Rules
Gianni, Origoni, Grippo, Cappelli & Partners, April 2020

Law Decree n. 23 of 8 April 2020 (the “Liquidity Decree”) has introduced significant changes to the socalled “golden power rules” and to the disclosure duty of relevant shareholdings in listed companies. These rules are aimed at discouraging “predatory purchases” of Italian strategic and listed companies in times when their share price may be particularly depressed due to the COVID-19 emergency...

Did We Just Join OPEC? Part 2
Lowenstein Sandler LLP, April 2020

The Organization of Petroleum Exporting Companies (OPEC) is one of the longest-running and most successful price-fixing cartels in history. It proved its power in the 1970s by drumming up a “shortage” of oil that resulted in gasoline rationing in the U.S. Here in Washington, D.C. and the surrounding region, you could buy gas for your car only on alternate days, according to whether your license plate ended with an even or odd number...

Simplified Procedure to Claim Income Tax and VAT Balances in Favor
Brigard Urrutia, April 2020

The Ministry of Finance published Decree 535 of 2020, which establishes a simplified procedure for the reimbursement or compensation of balances in favor of Income Tax and Value added Tax ("VAT") amid the COVID-19 outbreak. According to the Decree, the simplified procedure implies that requests for the reimbursement or compensation that are duly filed within the health emergency, will be decided by the Tax Office within 15 working days after their submission...

CREG Resolution 034 of 2020
Brigard Urrutia, April 2020

The alternative means for reporting the daily offer and the declaration of availability are modified. The definition of "Price Offer and Start-Stop Prices" in numeral 3.1 of the Operation Code, Resolution CREG 025 of 1995, is modified. The new definition is as follows: "Price Offer and Start-Stop PricesThe electronic transmission of data established by CND will be used as the main means for sending information on offers to CND...

Public Procurement Measures
Brigard Urrutia, April 2020

On March 20, 2020, through Decree 440 of 2020, the President of the Republic adopted various emergency measures on public procurement, which will be in force within the framework of the declaration of a State of Emergency due to the Covid-19 pandemic...

New EPA Guidance for Site Field Work Decisions Impacted by COVID-19
Hanson Bridgett LLP, April 2020

On April 10, 2020, the U.S. EPA published an interim memorandum titled “Interim Guidance on Site Field Work Decisions Due to Impacts of COVID-19,” available here, intended as guidance to EPA's regional field offices amid growing concerns regarding the impact of COVID-19 on-site cleanup activities. Specifically, the memorandum provides guidance regarding decisions to continue, reduce, or halt on site cleanup activities amid the challenges posed by the COVID-19 outbreak...

Eviction Guidance for California Senior Communities During COVID-19 Pandemic
Hanson Bridgett LLP, April 2020

Due to the worldwide COVID-19 pandemic, California has implemented eviction restrictions on all landlords. These restrictions have been issued in several forms, and have changed over the last few weeks. The purpose of this alert is to provide a brief overview of the current statewide rules regarding evictions as applied to senior communities. On March 16, 2020, Governor Gavin Newsom first issued an executive order authorizing local governments to halt evictions, among other things...

EPA Promises Crackdown on Sham COVID-19 Cleaners and Disinfectants
Hanson Bridgett LLP, April 2020

Amidst growing concerns regarding the spread of the novel coronavirus and COVID-19, disinfectants and cleaners falsely claiming to prevent infection from the virus have started to infiltrate U.S. markets. In light of the widespread shortage of hand sanitizers, latex gloves, and face masks brought about by panic-buying in response to the outbreak, many Americans have fallen prey to these dupes. So much so that, according to a recent New York Times article, U.S...

The Main Street Lending Program: How it Works and Who is it For?
Hanson Bridgett LLP, April 2020

What Is It? On April 9, the Federal Reserve Board revealed details about the previously announced Main Street Lending Program. Even larger than the Paycheck Protection Program, the Main Street Lending Program is geared toward mid-sized businesses. Its principal purpose is to get 4-year loans with deferred principal and interest payments to mid-sized businesses with up to 10,000 employees or less than $2.5 billion in revenue...

South Africa: All Industries excluding the mining industry: is there an obligation on employers to report and investigate incidents of employees contracting the Coronavirus (COVID-19) ?
ENSafrica, April 2020

Application of the Occupational Health and Safety Act, 1993 (the "OHASA")? Several health and safety obligations (both general and specific) towards employees are imposed on an employer or user in respect of the "workplace". The term "workplace" is also defined broadly in the OHASA as "any premises or place where a person performs work in the course of his employment"...

South Africa: Estate planning during a pandemic: are your affairs in order?
ENSafrica, April 2020

The Coronavirus (COVID-19) pandemic, which has disrupted lives and continues to wreak havoc on the global economy, has seen a sudden and dramatic shift in the way we live. Previously, uncommon concepts and practices such as social distancing, lockdown, quarantine and self-isolation have now rapidly become part of our daily parlance. Unsurprisingly, in view of the swift rise of death rates associated with the pandemic, many people are being reminded of their own mortality...

South Africa: Cost-cutting employment alternatives to retrenchment following the extended lockdown
ENSafrica, April 2020

Like many other countries worldwide, South Africa went into a 21-day national lockdown on 27 March, in an effort to help slow down the spread of the Coronavirus (COVID-19). The lockdown has already had a devastating impact on the economy and on employment in a country that was already in recession. This has already been felt by many in their pockets...

South Africa: How to choose a video conferencing platform in the time of Coronavirus (COVID-19)
ENSafrica, April 2020

Given the fact that many countries are under some form of lockdown as a result of the Coronavirus (COVID-19) pandemic, organisations that are able to do so, are now working remotely, with video conferencing platforms enabling people to have virtual meetings just like they were face to face. However, there are growing privacy concerns over the use of these platforms, with some in the spotlight for sharing data with Facebook...

South Africa: Coronavirus (COVID-19) financial services under lockdown
ENSafrica, April 2020

The lockdown regulations, as amended on 2,16 and 20 April 2020, designate which financial services businesses are “essential services”, permitted to operate from places of business during the lockdown period...

Compensation for loss arising from protected strikes: some thoughts on an employer’s options
ENSafrica, April 2020

A strike, and employees’ actions during a strike, will almost inevitably cause an employer losses. In terms of South African common law, an employer may have a delictual remedy at its disposal. It can, in certain circumstances, sue the union or its members for the losses suffered...

South Africa: Regulating employee conduct while working remotely
ENSafrica, April 2020

A new dawn has come in the world of employment where many South African employees are required to work from home as a measure to curb the rapid spread of the new life threatening Coronavirus (“COVID-19”). This raises two questions...

Mauritius: Competition Commission clarifies application of competition law rules during the Coronavirus (COVID-19) crisis
ENSafrica, April 2020

The Competition Commission of Mauritius (“CCM”) has issued acommuniquéon 9 April 2020 stating that it understands that: enterprises may have to collaborate during these uncertain times in order to ensure provision of essential products and services; certain prohibitions as contained under the Competition Act 2007 (the “Act”) may create uncertainty as to what may be permissible in terms of collaboration in the context of the Coronavirus (COVID-19)...

Mauritius: Coronavirus (COVID-19) impact on financial institutions
ENSafrica, April 2020

The outbreak of the Coronavirus (COVID-19) pandemic and the incidental measures adopted by the Mauritian government represent serious potential impact for financial institutions in general. Below, we examine the recourses available to borrowers facing financial hardship as a result of the pandemic and its aftermath. We consider only credit facilities, that is, agreements by which financial institutions advance money to their clients for repayment either in instalments or at term...

Uganda: the impact of the Coronavirus (COVID-19) outbreak on the landlord and tenant relationship
ENSafrica, April 2020

In response to efforts to curb the spread of the Coronavirus (COVID-19) outbreak, the Ministry of Health published regulations providing for the closure of various places including bars, schools and institutions of higher learning, bars, cinema halls, shopping malls, arcades, hardware shops, all shops and stores selling non- food items, salons, gymnasiums, massage parlours, hotels and lodging houses, motor repair workshops and garages, with a few exceptions...

Regulations of Interest
Rodrigo, Elias & Medrano Abogados, April 2020

Powers to legislate on tax matters are delegated to the executive branch regarding COVID-19.- Law No. 31011 approved the delegation of powers to the executive branch for a period of 45 calendar days to legislate on the following tax matters: i) Temporary suspension of existing fiscal rules and establishment of measures for the national economic recovery. ii) Payment facilities for tax liabilities administered by SUNAT...

Tax Alert - April 2020
Rodrigo, Elias & Medrano Abogados, April 2020

New extension of deadlines is established for the submission of the PLAME.- Due to the extension of the State of National Emergency until April 26, 2020, through Superintendence Resolution No. 069-2020/SUNAT published on April 13, 2020, new expiration dates are established for the declaration and payment of the items contained in the PDT Electronic Sheet - PLAME, Virtual Form No. 0601: A...

COVID 19 – Company Law Update on the New Circular Issued by the MCA – April 8, 2020
Kochhar & Co. Advocates & Legal Consultants, April 2020

Due to the current lockdown, companies were not able to hold shareholders meetings and pass resolutions on certain matters requiring urgent attention/approval of the shareholders.   With a view to facilitate such companies, the Ministry of Corporate Affairs (MCA) has issued a recent circular no. 14 of 2020on April 8, 2020 permittingcompanies to convenetheirExtraordinary General Meetings (EGM)s through video conferencing or other audio-visual means...

New Regulation on the Consolidation of Commercial Banks
Makarim & Taira S., April 2020

The Financial Services Authority (Otoritas Jasa Keuangan/“OJK”) recently issued OJK Regulation Number 12/POJK.03/2020 of 2020 on the Consolidation of Commercial Banks (“OJK Reg 12/2020”). This new regulation aims for strengthening the structure, resilience, and competitiveness of the national banking industry to support national economic stability and growth through the strengthening of bank capital and the consolidation of banks in Indonesia...

Electronic Signatures in the UAE: What You Need to Know
Afridi & Angell, April 2020

With the UAE in virtual lockdown and the majority of businesses required to operate remotely, an increasing number of documents are required to be signed electronically. Although electronic signatures were not commonly used prior to the onset of COVID-19 in the UAE, the legal framework for the use of electronic signatures has been in place for quite some time...

COVID 19: Impact of Force Majeure in Indian Commercial Contracts
Kochhar & Co. Advocates & Legal Consultants, April 2020

1. Force Majeure - Meaning. The term ‘force majeure’ translates literally from French assuperior force. It is also generally defined in the Merriam Webster dictionary as ‘an event or effect that cannot be reasonably anticipated or controlled’...

COVID 19: Mayor Modifies Prior City of Los Angeles Paid Sick Leave Obligations, Narrowing and Clarifying Requirements
Hunton Andrews Kurth LLP, April 2020

Los Angeles (LA) Mayor Eric Garcetti has issued an emergency order modifying the City’s recently passed COVID-19 supplemental paid sick leave requirements. The prior ordinance, adopted on March 27, 2020, by the LA City Council, had required LA employers with 500 + employees nationally, to provide up to 80 hours of supplemental paid sick leave...

Fed Launches Programs to Help 'Main Street' Businesses
Waller, April 2020

In order to facilitate lending to mid-sized businesses in the wake of COVID-19, the Fed instituted the Main Street New Loan Facility and the Main Street Expanded Loan Facility to provide financing to lenders that make direct loans to "main street" businesses...

COVID-19 Assistance for Companies with Investment-Grade Credit
Waller, April 2020

The Federal Reserve System (the “Fed”) has recently announced programs intended to help businesses not covered by the loan provisions under the purview of the Small Business Administration, specifically PPP and EIDL loans available under the CARES Act. In order to facilitate lending to larger corporations, the Fed instituted the Primary Market Corporate Credit Facility (“PMCCF”) and the Secondary Market Corporate Credit Facility (“SMCCF”)...

Federal Reserve Programs Provide Assistance for Lenders Too
Waller, April 2020

In its attempt to provide relief to corporate America, the Board of Governors of the Federal Reserve System (the “Fed”) did not neglect lenders in all of the commotion. The Fed recently instituted several programs meant to provide liquidity to economic markets through lending directly to financial institutions, altering capital requirements and relaxing Fed examinations of financial institutions...

USPTO Responds to COVID-19 by Extending Certain Patent and Trademark Deadlines
Waller, April 2020

In the past few weeks, the United States Patent and Trademark Office (USPTO) has issued a number of press releases in connection with the COVID-19 pandemic. Calling the outbreak an “extraordinary situation,” the USPTO has announced that it will be providing additional time for the filing of certain patent and trademark documents and for payments of specific mandatory fees...

COVID-19: Measures Taken by the Panamanian Authorities, Applicable to Foreigners
Morgan & Morgan, April 2020

In this Informative Guide you will find important information about the following: tourist stays, visas and residence permits, work permits, traveling, and mobility inside the country including curfews, circulation permits (Salvoconductos), and driver’s licenses. Tourist stays Panamanian authorities have informed that tourist who have expired stays from 13 March 2020, as a consequence of the Covid-19, will not be fined. And they will be able to circulate...

Treasury Further Expands Relief for Taxpayers in Notice 2020-23
Dykema, April 2020

On Thursday, April 9, 2020, the U.S. Department of the Treasury issued Notice 2020-23 (the “Notice”), updating and expanding the relief granted by Notices 2020-18 and 2020-20. Notice 2020-23 postpones tax filing and payment deadlines until July 15, 2020, for many taxpayers in order to grant some amount of relief to individuals, businesses, non-profit organizations and trusts/estates amid the coronavirus/COVID-19 crisis...

Federal Reserve Announces New Main Street Lending Programs
Dykema, April 2020

On April 9, 2020, the Federal Reserve announced that it was taking additional actions to provide up to $2.3 trillion in loans to support the U.S. economy...

IRS Allows Higher Deductible Interest Expense and Accelerated Depreciation for Real Property Trade & Farming Businesses
Dykema, April 2020

On April 10, 2020, the Internal Revenue Service (the “IRS”) issued Revenue Procedure 2020-22 to provide guidance related to business interest expense limitations and elections available for certain real property trade and farming businesses under Section 163(j)(7) of the Internal Revenue Code (the “Code”)...

State Aid: Serbian Government Issues Regulations for Mitigation of COVID 19 Outbreak
Karanovic & Partners, April 2020

Following the announcement of economic measures aimed towards responding to the COVID-19 outbreak, the Serbian Government issued two regulations on 10 April 2020 that determine the conditions and criteria for compliance of the state aid (i) for remedying the negative effects caused byCOVID-19 and (ii) for remedying a serious disturbance in the economy caused byCOVID-19, whereas both regulations will be valid until 1 July 2021...

Virginia Values Act Could Open Floodgate of New Employment Discrimination Cases For Virginia Employers
Hunton Andrews Kurth LLP, April 2020

On Saturday, April 11, 2020, Virginia Governor Ralph Northam officially signed the Virginia Values Act into law. The bill’s headlining purpose—adding gender identity and sexual orientation to the list of classes protected under the Virginia Human Rights Act (VHRA)—is commendable and has garnered widespread support...

Department of Labor’s Families First Corrections Fix Contradiction on Concurrent Leave
Hunton Andrews Kurth LLP, April 2020

On April 10, the Department of Labor published corrections to its regulation on the Families First Coronavirus Response Act and fixed an internal inconsistency regarding concurrent use of employer-provided paid time off and paid expanded family medical leave under the Act. We previously covered the initial DOL rule on Families First here...

COVID 19: Mayor Modifies Prior City of Los Angeles Paid Sick Leave Obligations, Narrowing and Clarifying Requirements
Hunton Andrews Kurth LLP, April 2020

Los Angeles (LA) Mayor Eric Garcetti has issued an emergency order modifying the City’s recently passed COVID-19 supplemental paid sick leave requirements. The prior ordinance, adopted on March 27, 2020, by the LA City Council, had required LA employers with 500 + employees nationally, to provide up to 80 hours of supplemental paid sick leave...

EU Commission Recommends a Common Approach to Using Mobile Apps and Location Data to Combat and Exit COVID-19
Hunton Andrews Kurth LLP, April 2020

On April 8, 2020, the European Commission adopted a recommendation to develop a common European approach to using mobile applications and mobile location data in response to the coronavirus pandemic (the “Recommendation”)...

Ginnie Mae Announces Pass-Through Assistance Program Related to COVID-19
Hunton Andrews Kurth LLP, April 2020

On Friday, April 10, 2020, Ginnie Mae threw a lifeline to its issuers (Issuers), who are experiencing unprecedented liquidity shortfalls related to the COVID-19 emergency. Issuers must make timely and in- full principal and interest payments to mortgage-backed security (MBS) holders, regardless whether borrowers make their mortgage payments...

Competition Court Publishes New Decree (Auto Acordado) No. 21/2020 on Extraordinary Consultations Made Under Article 18 No. 2 of Law Decree No. 211
Carey, April 2020

On April 7, 2020, the Chilean Competition Court published on its website Decree (Auto Acordado) No. 21/2020 on extraordinary consultations made under Article 18 No. 2 of Law Decree No. 211, effective as of the same date.   I...

AFC Published the Schedule for the Implementation of New Law on Employment Protection
Carey, April 2020

On April 8th, 2020, it was published on the Official Gazette Ruling No.88 (issued by the Undersecretary of Treasury), required by law No.21,227 on employment protection (hereinafter, the "Law"), for purposes of accessing to the unemployment insurance benefits established in the Law...

New Law on Guaranteed Minimum Income
Carey, April 2020

On April 3rd, 2020, Law No.21,218 (the “Law”), which creates a monthly subsidy (the “Subsidy”) borne by the State of Chile, in order for employees to reach a minimum guaranteed income, was published on the Official Gazette.   I. Requirements that employees must fulfill in order to be eligible for the Subsidy Having a valid employment contract, pursuant to the Labor Code. Their regular working schedule must exceed 30 hours a week...

Online Actions and Procedures in Mining Matters due to COVID-19 Pandemic
Carey, April 2020

The mining industry has been subject to some specific measures due to the COVID-19 pandemic. I. Collective Safe-Passage Permits. According tonumber 10.bof theinstructionsfor travel permitsissued bythe Ministry of Internal Affairs and Public Security1,updatedonApril2nd, 2020, mining companies and their related industries are considered as part of those basic services, utilities, and services with a high degree of social worth...

Fiduciary Security Execution Redefined: The Indonesian Constitutional Court Ruling on Article 15 (2) and (3) of the Fiduciary Security Law
Makarim & Taira S., April 2020

Background On 15 February 2019, a petition for a judicial review was submitted by two individuals (“Petitioners”), claiming that their constitutional rights had been violated by Article 15 (2) and Article 15 (3) of Law No. 42 of 1999 on Fiduciary Security (“Fiduciary Security Law”)...

FTC Is Scrutinizing COVID-19 Advertising As Consumer Complaints Soar
Haynes and Boone, LLP, April 2020

The Federal Trade Commission (FTC) is devoting significant resources to combat deceptive COVID-19 advertising in a range of industries as consumer complaints to the FTC pick up steam. Companies are shifting marketing spend to cover COVID-19 messaging and should be mindful of the FTC’s increased scrutiny. Through April 9, 2020, the FTC has received 15,006 consumer complaints relating to COVID-19 advertising and business activities...

OSHA Relaxes Requirement for Work-related Assessment for COVID-19 Recordkeeping for Certain Employers
Haynes and Boone, LLP, April 2020

OSHA requires that covered employers record certain work-related injuries and illnesses on their OSHA 300 log. Under OSHA’s recordkeeping requirements, COVID-19 is a recordable illness, and employers are responsible for recording cases of COVID-19, if all of the following are met: The case is a confirmed case of COVID-19; The case is work-related, as defined by 29 CFR 1904.5; and The case involves one or more of the general recording criteria set forth in 29 CFR 1904...

NYSE and Nasdaq Provide Temporary Listing Compliance and Private Offering Relief
Waller, April 2020

The New York Stock Exchange (NYSE) and the Nasdaq Stock Market (Nasdaq) recently granted temporary relief and issued guidance to assist companies that are in imminent danger of immediate delisting and/or that are experiencing urgent liquidity needs as a result of the COVID-19 pandemic...

PPP Loan Forgiveness: Further Guidance on the Math
Verrill, April 2020

NOTE: You may have seen Verrill’s earlier introduction to the complexities of Paycheck Protection Program math. The article below provides an even deeper look into the loan forgiveness portion of that math. Thousands of companies have submitted applications for loans under the Paycheck Protection Program (PPP), and those funds are beginning to hit bank accounts across the country...

Buchalter Client Alert COVID-19: Opposite Sides of the Table: Restaurants Seek Recovery From Insurers for Business Interruption in the Wake of COVID-19
Buchalter, April 2020

As COVID-19 cases have continued to spread across the country resulting in government-issued “shelter in place” orders, few industries have felt the impact as swiftly and deeply as the restaurant industry.  Indeed, such government orders have required restaurants to shut down all onsite dining, causing a sharp decline in restaurant revenue.  According to restaurant...

Did We Just Join OPEC? Part 1
Lowenstein Sandler LLP, April 2020

Sunday’s CNBC headline reads, “OPEC and allies finalize record oil production cut after days of discussion.” One normally would interpret that headline to mean that OPEC agreed with non-OPEC members Russia, Venezuela, and Mexico on the production cut. One would not assume that the word “allies” refers to the United States...

EPA Issues Interim Guidance for Remedial Field Work During the COVID-19 Pandemic
Lowenstein Sandler LLP, April 2020

On April 10, the U.S. Environmental Protection Agency (EPA) issued interim guidance to determine when, and how, to suspend field work under certain EPA programs during the ongoing COVID-19 crisis. The guidance covers response actions under the Comprehensive Environmental Response, Compensation, and Liability Act (or Superfund), and field work under the Resource Conservation and Recovery Act and the Underground Storage Tank program, among other EPA programs...

First Employee Lawsuit Filed Seeking to Avoid the Workers' Compensation Exclusivity Bar for COVID-19-Related Injuries
Lowenstein Sandler LLP, April 2020

Among the many issues employers are struggling with in the midst of the current COVID-19 crisis is the risk of harm to an essential employee who is compelled to report to work. While, of course, most employers are proactively taking measures to minimize an employee’s risk of contracting the virus, there is a risk of exposure and illness inherent in coming to work...

Measures Adopted Due to Extension of Preventive Mandatory Insolation
Brigard Urrutia, April 2020

By means of the Decree 531, 2020 issued by the Ministry of the Interior under the economic, social and ecological emergency, the national government extended the current mandatory preventive isolation from April 13 at 00:00 hours until April 27 at 00:00 hours to continue the mitigation process of the sanitary emergency caused by the Covid-19. Pursuant to this Decree, the free circulation of individuals is restricted in the entire country...

Continuation of Mandatory Preventive Isolation in Bogotá
Brigard Urrutia, April 2020

By means of Decree 106 of 2020, it is ordered to give continuation to the mandatory preventive isolation in Bogotá D.C., from April 13, 2020, until April 27, 2020. This, taking into account that it was instructed by the president of the Republic, as a measure to avoid the extension of the COVID-19 contagion, within the framework of the declaration of economic, social and ecological emergency declared in the national territory...

ANH Publishes Transitional Measures to Support the O&G Industry
Brigard Urrutia, April 2020

In order to implement transitional measures to mitigate the adverse effects of the fall in international hydrocarbons prices and the public health emergency caused by COVID-19, the National Hydrocarbon Agency (“ANH”), issued Agreement 2 of 2020 (the “Agreement”)...

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

Across the country, construction projects of every nature are impacted by the COVID-19 pandemic. The situation and governmental response to the pandemic continue to evolve, and owners must keep abreast of these changes to ensure they manage their construction projects appropriately. There are a litany of issues, legal and practical, that owners need to assess when deciding how to manage ongoing projects and those in the pipeline...

Owner Alert: Recent Guidance on the CARES Act Offers Hope for Modification of Distressed Construction Loans
Hanson Bridgett LLP, April 2020

In passing the $2.2 trillion Coronavirus Aid, Relief, and Economic Security Act (CARES), Congress provided much-needed relief to project owners by making it easier to modify construction loans. Under the Act, an owner may qualify for a forbearance arrangement, an interest rate modification, or a repayment plan, among other options, and the modification does not adversely impact the credit of the borrower...

New Guidance Released Regarding Carryback of Net Operating Losses Under the CARES Act
Hanson Bridgett LLP, April 2020

The IRS continues to provide clarity regarding application of the various Coronavirus Aid, Relief, and Economic Security ("CARES Act") modifications to the Internal Revenue Code (the "Code") (see prior coverage here). In addition to recent guidance regarding bonus depreciation, the IRS on April 9 released Rev. Proc. 2020-24 and Notice 2020-26, both of which address CARES Act amendments applicable to net operating losses ("NOLs")...

Employment Update on the Government's Stimulus Measures in Response to COVID-19
Graham Thompson, April 2020

On Monday, 30th March 2020, the Deputy Prime Minister and Minister of Finance, the Honourable K. Peter Turnquest addressed the House of Assembly to provide an overview of the expected economic fallout in The Bahamas from the Covid-19 pandemic along with some details as to the Government’s proposed stimulus measures to support citizens and businesses alike during this time of uncertainty...

Serbia Adopts Tax and Financial Regulation to Help the Economy During the COVID-19 Outbreak
Karanovic & Partners, April 2020

The Government of Serbia adoptedthe Regulation on Fiscal Benefits and Direct Aid to Private Sector Entities and Financial Aid to Citizens to Mitigate the Economic Impact ofCOVID-19 (“Regulation”) on 10 April 2020, ten days after the announcement of the proposalof the Program of economic measures aimedat reducing the negative effects caused by the COVID-19 pandemic. The Regulation provides tax benefits and direct payments to private sector companies...

COVID-19 and Panama´s Insolvency Law
Morgan & Morgan, April 2020

The health crisis caused by COVID-19 (better known as “Coronavirus”) has had a significant impact on both global and local trade. In our country, the first case, which was confirmed on March 9, triggered the implementation of significant sanitary measures that led to the necessary temporary closure of multiple enterprises, as well as limited the movement of the population, and restricted commercial [1] and governmental [2] activity...

Measures Implemented by the Dubai International Financial Centre (DIFC) in Response to COVID-19
Afridi & Angell, April 2020

Below is a summary of key relief and operational measures implemented by the DIFC since 1 April 2020 and the time of this inBrief, 6:00 p.m. on Saturday, 11 April 2020. Dubai Financial Services Authority (DFSA) announces relief measures On Tuesday, 7 April 2020, the DFSA announced a number of relief measures to support their clients during this time of stress and uncertainty. These measures are aimed at both new firms setting up in the DIFC as well as existing authorised firms...

Applying COVID-19 Tax Provisions to Maximize Immediate Benefits for Employers
Waller, April 2020

In what seems a long time past, yet was actually only three weeks ago, Congress enacted theFamilies First Coronavirus Response Act (FFCRA) that includes Emergency Family and Medical Expansion Act and The Emergency Family and Medical Leave Expansion Act. The legislation, largely administered by the Department of Labor, provides payroll tax credits to employers in order to ease the burden of new provisions requiring certain paid leave for employees due to COVID-19...

How to be a Good Franchisor in the COVID-19 Era?
Lavery Lawyers, April 2020

  In recent weeks, and especially in recent days, we have seen the serious repercussions of the spread of COVID-19 on Quebec businesses and SMEs. Government authorities are planning financial assistance measures for businesses, and some chambers of commerce have already announced that new services will soon be offered to businesses to help them deal with the crisis. We are as yet unaware of the details of this assistance and how it will be allocated...

The COVID-19 Pandemic over FIDC Agreements
Nestor Nestor Diculescu Kingston Petersen, April 2020

The extensive global COVID-19 pandemic determined the states to impose restrictive measures with impact over the free movement of people and usual course of business of the economic operators. Due to the recent development of the outbreak in Romania, the Presidential Decree no. 195/16.03...

EEOC Updates Guidance Regarding COVID-19 Workplace Inquiries
Hunton Andrews Kurth LLP, April 2020

  EEOC guidance on COVID-19 continues to evolve as the medical community learns more about the virus. On April 9, 2020, the EEOC expanded the list of symptoms about which employers may ask when screening employees entering the workplace, without running afoul of the Americans with Disabilities Act (ADA). Previously, employers were permitted to ask individuals if they were experiencing fever, chills, cough, sore throat, or shortness of breath...

ISS Issues COVID-19 Guidance on Benchmark and Voting Policies
Hunton Andrews Kurth LLP, April 2020

ISS Issues COVID-19 Guidance on Benchmark and Voting Policies On April 8, Institutional Shareholder Services (ISS) published policy guidance reflecting certain adjustments due to the impacts of the COVID-19 pandemic. The guidance addresses how ISS’s benchmark and voting policies may be applied in this new era of uncertainty...

Using Rights Plans to Protect Stockholder Value During the COVID-19 Crisis: A Case-by-Case Analysis
Hunton Andrews Kurth LLP, April 2020

Recent stock market volatility, sharp declines in trading prices, and an uncertain economic outlook may create opportunities for shareholder activists and hostile bidders. With many companies and sectors feeling particularly vulnerable, there has been a recent uptick in the adoption of stockholder rights plans (or “poison pills”)...

COVID-19: Temporary Work-From-Home Models and PCI DSS Compliance
Hunton Andrews Kurth LLP, April 2020

As of early April, hundreds of millions of workers around the world have been affected by “stay-at-home” or “station-in-place” orders issued by governments in response to the COVID-19 pandemic. To cope, transaction processors are shifting work out of their high-security delivery centers and into the spare bedrooms and home offices of their personnel...

COVID-19 Pandemic Regulations in Finance Tax and Import Sectors
Makarim & Taira S., April 2020

Upon the ongoing spread of coronavirus disease (“COVID-19”) pandemic, the Indonesian Government has declared the COVID-19 as a national emergency situation. Following the nation’s COVID-19 emergency, the Indonesian Government have issued sets of regulations and policies in various sectors in order to control and mitigate the adverse impacts of the COVID-19 pandemic...

The Impact of the COVID-19 Pandemic on Enforcement of Merger Control Rules in Indonesia
Makarim & Taira S., April 2020

In relation to the COVID-19 emergency, the Indonesian Commission for the Supervision of Business Competition (“KPPU”) has made several adjustments to the enforcement of merger control rules through announcements in its official website and a press release stating that, as of 16 March 2020, they temporarily suspended all law enforcement activities, including notification filing and notification reviewing, until 6 April 2020...

COVID-19 and Governmental Closures and Seizures Without Compensation? Condemnation or Reverse Condemnation? What Can You Do?
Spilman Thomas & Battle, PLLC, April 2020

In the face of governmental orders shutting down businesses, redirecting business efforts and assets, and even seizing business property to redistribute to others, we are seeing more and more questions about the limits of governmental authority and the remedies for affected people and businesses. Lawsuits already are being filed, and the courts undoubtedly will have to provide the answers...

The REAL Trending Litigation Topics Regarding COVID-19: Week of April 5
Spilman Thomas & Battle, PLLC, April 2020

In the face of governmental orders shutting down businesses, redirecting business efforts and assets, and even seizing business property to redistribute to others, we see more and more questions about the limits of governmental authority and the remedies for affected people and businesses. Lawsuits already are being filed, and the courts undoubtedly will have to provide the answers. Click here for a more detailed discussion of COVID-19 and governmental takings...

Michigan Temporarily Embraces 21st Century Virtual Technology Document Signing
Dykema, April 2020

On Wednesday, April 8, 2020, Michigan Governor Gretchen Whitmer issued Executive Order 2020-41 (the “Order”), which relaxes the witness and notary requirements for documents that would otherwise require in-person witnessing and/or notarization, such as Michigan estate planning documents, executed during the Coronavirus/COVID-19 pandemic...

Partnerships Are Eligible for Relief
Dykema, April 2020

On April 8, 2020, the Internal Revenue Service (the “IRS”) issued Revenue Procedure 2020-23, which allows eligible partnerships to file amended partnership returns for taxable years beginning in 2018 and 2019 in order to take advantage of the various tax incentives provided under the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”)...

CARES Act Benefits are Not Risk-Free: Understanding and Minimizing False Claims Act Liability Under the CARES Act
Hunton Andrews Kurth LLP, April 2020

On March 27, President Donald Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act, also known as the CARES Act, which commits over $2 trillion for stimulus spending, federal grants, and loan programs and guarantees by the federal government. One critical component of the CARES Act is the Paycheck Protection Program (PPP) that is being administered by the Small Business Administration (SBA)...

HHS Begins Issuing Nearly 30 Billion to Providers in Midst of COVID-19 Pandemic
Waller, April 2020

On April 10, Health and Human Services (“HHS”) began providing a $30 billion portion of the latest COVID-19 relief fund to healthcare providers. Information on this funding may be found here. While the government announced this funding as coming with “no strings attached” in its April 7 briefing, the relief payment (the “Payment”) does come with certain terms and conditions that a provider must certify compliance with...

COVID-19 and the CARES Act Opportunities and Uncertainties for the Hemp Industry
Waller, April 2020

The COVID-19 pandemic has touched all aspects of both the hemp and marijuana industries and their supply chains, as many other industries have experienced. To provide significant relief for the entire economy, the U.S. federal government passed The Families First Coronavirus Response Act and the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), collectively, the largest aid package ever passed...

The European Union Put to the Test by COVID-19 – The Issue of State Aid Remains Topical
Jeantet, April 2020

Aware of the political and economic challenges facing by the European Union, the European Commission has decided to act swiftly as part of its task of monitoring state aids under Articles 107et seq.of the Treaty on the Functioning of the European Union, which require Member States to notify, prior to their implementation, measures that are likely to distort competition within the EU...

Impact of the COVID-19 Outbreak on Real Estate Sales
Jeantet, April 2020

This newsletter explains the consequences of the texts adopted by the government on the withdrawal period granted to the non-professional buyer (i), the fulfilment of the conditions precedent provided for in the sale commitment (ii) and the notarial deed of sale (iii).   (i) THE WITHDRAWAL PERIOD When the legal withdrawal period of 10 days which the non-professional purchaser has following the signature of a sale commitment (Article L...

COVID-19 Crisis – Towards Eased Distant Execution of Documents in Financing Transactions Under French Law
Jeantet, April 2020

Covid19 related lock down measures implemented in France since mid-March make it quite difficult if not impossible to hold physical meetings for signing financing transactions under French law / involving French parties. For notarised deeds, the emergency measures enacted by a decree dated 3 April 2020 have suspended the requirement of physical presence during and replaced it by remote signature mechanism. This applies to the remote signature of notarised loan agreement and mortgage deeds...

COVID-19: Governmental Closures & Seizures Without Compensation? Condemnation or Reverse Condemnation? What Can You Do?
Spilman Thomas & Battle, PLLC, April 2020

In the face of governmental orders shutting down businesses, redirecting business efforts and assets, and even seizing business property to redistribute to others, we are seeing more and more questions about the limits of governmental authority and the remedies for affected people and businesses. Lawsuits already are being filed, and the courts undoubtedly will have to provide the answers...

EPA Cleanup Site Guidance Recognizes COVID-19 Challenges for Response Activities
Hunton Andrews Kurth LLP, April 2020

Today, April 10, 2020, the U.S. Environmental Protection Agency (EPA) issued its anticipated interim guidance on impacts to operations at cleanup sites due to the COVID-19 pandemic...

English Law COVID-19 Q&A Series - Ship Refit and Repair Contracts
Haynes and Boone, LLP, April 2020

Does the Covid-19 pandemic (or actions taken to counter the spread of Covid-19) constitute a Force Majeure in a refit/ repair contract? Is there any implied right of relief for the contractor or the owner? Under English law, unlike civil law systems, a force majeure is neither defined nor automatically applicable to commercial contracts...

English Law COVID-19 Q&A Series- Drilling Contracts
Haynes and Boone, LLP, April 2020

Does the COVID-19 pandemic (or actions taken to counter the spread of COVID-19) constitute Force Majeure and is there any implied remedy (e.g. implied force majeure relief) arising as a result of the COVID-19 pandemic? Under English law, unlike civil law systems, force majeure is neither defined nor automatically applicable to commercial contracts...

COVID-19 Force Majeure Under Long-Term LNG Contracts
Haynes and Boone, LLP, April 2020

In their March 3, 2020 Law 360 article, our colleagues, Rob Patterson and Shu-Shu Wong, commented on the trend of certain buyers evaluating the feasibility of invoking force majeure as an excuse for not performing their purchase obligations under their liquefied natural gas long-term sale and purchase agreements (LNG SPAs) due to the COVID-19 outbreak...

Treasury and Federal Reserve Board Announce Establishment of the Main Street Business Lending Program
Haynes and Boone, LLP, April 2020

On April 9, 2020, the Board of Governors of the Federal Reserve System (the “Board”) announced the establishment of the Main Street Business Lending Program (“Main Street Loan Program”), an up to $600 billion lending program for mid-size businesses...

Buchalter Client Alert COVID 19: Department of Labor’s New Regulations and Guidance on the Family First Coronavirus Relief Act (“FFCRA)
Buchalter, April 2020

On April 6, 2020, the Department of Labor (“DOL”) promulgated a temporary rule (“Rule”) interpreting and giving further guidance on the Families First Coronavirus Relief Act (“FFCRA”). The FFCRA includes the Emergency Family Medical Leave Expansion Act (“EFMLA”) and the Emergency Paid Sick Leave Act (“EPSL”). The Rule clarifies a number of important threshold questions in the wake of the FFCRA’s enactment...

TALF 2020 Update
Lowenstein Sandler LLP, April 2020

On April 9, 2020, the Federal Reserve Bank of New York (the Federal Reserve) announced updates to the 2020 Term Asset-Backed Securities Loan Facility (TALF). The updates include expanding the eligible underlying asset classes to include both newly originated collateralized loan obligations issued on or after March 23, 2020, and legacy commercial mortgage-backed securities (CMBS) issued prior to March 23, 2020...

Federal Reserve–Initial Launch, Main Street Loan Facilities
Lowenstein Sandler LLP, April 2020

Certain provisions of the coronavirus economic stimulus legislation are subject to the ongoing issuance of government regulations and other government action; thus, certain details regarding the legislation may be clarified, revised, or added...

CalEPA, Stepping into the Perceived Breach, Issues COVID-19 Regulatory Compliance Statement
Hunton Andrews Kurth LLP, April 2020

On April 15, 2020, the California Environmental Protection Agency (CalEPA), the umbrella agency for California’s environmental boards, departments, and offices (e.g., CARB, DPR, DTSC, OEHHA, SWRCB), issued a Statement on Compliance with Regulatory Requirements During the COVID-19 Emergency (CalEPA Statement). CalEPA’s Statement comes in the wake of numerous questions regarding environmental compliance obligations for California facilities impacted by COVID-19...

The REAL Trending Litigation Topics Regarding COVID-19: Issue 2
Spilman Thomas & Battle, PLLC, April 2020

In the face of governmental orders shutting down businesses, redirecting business efforts and assets, and even seizing business property to redistribute to others, we see more and more questions about the limits of governmental authority and the remedies for affected people and businesses. Lawsuits already are being filed, and the courts undoubtedly will have to provide the answers. Click here for a more detailed discussion of COVID-19 and governmental takings...

Ukrainian Parliament Approves Further Anti-Crisis Measures In Light of COVID-19 Outbreak
Asters, April 2020

On 30 March 2020, the Ukrainian Parliament adopted the Law "On Amendments to Certain Legislative Acts Aimed to Ensure Additional Social and Economic Guarantees Due to the Coronavirus Disease (COVID-2019) Spread" (the Law), which introduces to the Ukrainian legislative environment new complex rules aimed at minimizing the negative impact of the spread of the COVID-19 in Ukraine. The below summary focuses on key changes introduced by the Law...

National Bank of Ukraine Allowed the Banks to Relieve their Borrowers for the Quarantine Period
Asters, April 2020

Due to introduction of restrictive measures in the territory of Ukraine during the quarantine period, the National Bank of Ukraine (hereinafter the "NBU"), by its Resolution No. 39 dated 26 March 2020 (the "Resolution"), introduced special rules for application by the banks of Ukraine of the requirements of the Regulation on determination by banks of Ukraine of the credit risk on active banking operations, approved by the Resolution of the Board of the NBU No. 351 of 30 June 2016...

Coronavirus: Changes to Clinical Trials
PLMJ, April 2020

INFARMED has published a set of exceptional measures – which will remain in force during the period of risk to public health – to be adopted by sponsors, clinical trial sites, and research teams, to guarantee the safety, protection and rights of clinical trial subjects.It has also defined INFARMED’s evaluation of trials intended to treat or prevent the new Coronavirus disease (SARS-CoV-2) as a priority...

Coronavirus and Workers’ Compensation in West Virginia
Spilman Thomas & Battle, PLLC, April 2020

With the surge of coronavirus cases across the United States, and in West Virginia, questions arise concerning compensability of work exposures. Are coronavirus claims compensable under West Virginia workers’ compensation law? The answer depends on whether the coronavirus is considered an occupational disease under West Virginia law...

It Might Be Negligent, But is it Gross Negligence?
Lawson Lundell LLP, April 2020

Many commercial contracts limit claims between parties, particularly for consequential losses, to instances of gross negligence. Many statutes circumscribe claims against government authorities to the same circumstances. The Police Act, for example, prohibits claims against the police except where the police have been “guilty of dishonesty, gross negligence or malicious or wilful misconduct”...

SBA Releases Additional Guidance via Updates to Frequently Asked Questions on Paycheck Protection Program Loans
Haynes and Boone, LLP, April 2020

On April 8, 2020, the Small Business Administration (“SBA”) provided additional guidance on the Paycheck Protection Program (“PPP”) through an update to the Frequently Asked Questions document (“FAQs”) originally published on April 2, 2020 and subsequently updated on April 6th and 7th...

Special Requirement Imposed by the Civil Aeronautical Board to Non-Regular Flights Operations
Carey, April 2020

On March 25, 2020, and as the Chilean authority holding the superior direction of the civil aviation, the Civil Aeronautical Board (Junta de Aeronáutica Civil) issued the resolution Resolución Excenta Nº280 (“RE280”). The RE280 was issued based on the need to reduce the risks associated to the spreading of the Covid-19 virus through the air transport during the sanitary emergency period...

Law that Authorizes Access to the Benefits of the Unemployment Insurance of the Law No. 19,728 in Exceptional Circumstances
Carey, April 2020

On April 6, 2020, the new law on employment protection (hereinafter, the "Law") entered into effect, within the context of a series of emergency measures taken by the Chilean authority as a result of the COVID-19 disease.The new Law provides the possibility of accessing the coverage of the unemployment insurance in three main scenarios:I...

SERNAC's New Interpretative Circular on Distance Contracts During the COVID-19 Pandemic
Carey, April 2020

On April 6, 2020, the National Consumer Service (SERNAC) published the "Interpretative Circular on distance contracts during the COVID-19 pandemic", which seeks to set general guidelines regarding distance contracting with consumers during the constitutional state of catastrophe due to public calamity. To safeguard the basic rights embodied in Law No...

Subsecretary of Fishing and Aquaculture Establishes the Suspension of Term, Procedures and Other Measures
Carey, April 2020

On March 31, 2020, the Subsecretary of Fishing and Aquaculture (“Subpesca”) issued the Exempt Resolution N° 886 (“Res. 886”) which provides the suspension of terms, procedures and other measures, as a consequence of the force majeure event caused by Covid-19. The suspension is effective as of March 18, 2020 and until it is reversed by another act.   I. Terms and procedures subject to suspension. According to Res...

COVID-19: Unlocking the Lockdown – Key Issues for Landlords and Tenants as Alert Level 4 Restrictions Ease
MinterEllisonRuddWatts, April 2020

As the Covid-19 curve appears to be flattening and Government rhetoric becomes more positive, the country, and in particular the business community, is starting to contemplate what life at Alert Level 3 might look like. The breakneck speed with which the country moved to Alert Level 4 as a result of the Covid-19 pandemic – from Level 2 to total lockdown in less than three days – left businesses with little time to prepare for the impact it would have on their operations...

Tax Incentives Under the CARES Act
Dykema, April 2020

The Coronavirus Aid, Relief, and Economic Security Act, H.R. 748 (the “CARES Act”), signed into law by President Trump on March 27, 2020, provides considerable relief for individuals and businesses in the form of financial assistance and tax-related benefits. Below is a short description of the tax benefits available for businesses, including employers and self-employed individuals under the CARES Act...

FDA Issues Warning Letters to CBD Firms for Fraudulent COVID-19 Claims
Waller, April 2020

On April 6, the Food and Drug Administration (FDA) issued five warning letters chastising companies for their unapproved products related to the novel coronavirus disease 2019 (COVID-19). Two days later, the FDA issued another four warning letters for similar reasons. Two of the five warning letters issued on April 6 were issued to companies in connection with their CBD products, and one of the warning letters issued on April 8 was issued to a CBD company as well...

Federal Regulators Take on Risk from Banks over Small Business Loans
Waller, April 2020

On April 9, the federal banking agencies issued an interim final rule to encourage lending to small businesses through the Small Business Administration’s Paycheck Protection Program (“PPP”) established under the CARES Act. Specifically, the agencies are applying a 0% risk weight to PPP covered loans for regulatory capital purposes...

IRS Provides Partnerships a Big Break to Amend 2018 and 2019 Tax Returns for CARES Act Changes and Corrections
Waller, April 2020

On April 8, 2020, the IRS published Revenue Procedure 2020-23 (Rev. Proc. 2020-23) that provides partnerships a limited opportunity to amend their 2018 and 2019 tax returns and issue amended Schedule K-1s to partners to take advantage of the retrospective Coronavirus Aid, Relief, and Economic Security (CARES) Act changes...

CMS Changes its Approach to Services Provided Under Arrangements for COVID-19 Emergency
Waller, April 2020

On April 6, 2020, the Centers for Medicare and Medicaid Services (CMS) published an interim final rule in the Federal Register that, among other initiatives and changes to existing policy, allows certain inpatient hospital services to be provided “under arrangements” outside of the hospital. The “March 2020 IFC” is intended to give healthcare providers increased flexibility to respond to the public health emergency created by COVID-19...

Definition of Essential Activities by the Secretary of Communications and Transport under the Extraordinary Measures of the Health Emergency Declaration (COVID-19)
Haynes and Boone, LLP, April 2020

We have previously reported on the Order that adopted the extraordinary measures under the COVID-19 health emergency declaration, published on March 31, 2020 (the “Order”), and the subsequent Technical Guidelines regarding certain essential activities described in the Order published on April 6, 2020. (These alerts may be found here and here, respectively...

COPPA Guidance for EdTech Companies and Schools During the Coronavirus
Hunton Andrews Kurth LLP, April 2020

On April 9, 2020, the Federal Trade Commission (“FTC”) issued guidance under the Children’s Online Privacy Protection Act (“COPPA”) for operators of educational technology (“EdTech”) used both in school settings and for virtual learning...

EEOC Puts a Hold on Right to Sue Letters
Spilman Thomas & Battle, PLLC, April 2020

According to a news report published by Reuters, the Equal Employment Opportunity Commission ("EEOC") has stopped sending Right to Sue letters ("RTS") to complainants for the duration of the COVID-19 pandemic.  An RTS is a statement from the EEOC that it has concluded its investigation into a charge and is generally required for an employee to bring suit for claims of discrimination under Title VII, the Americans with Disabilities Act, or the Age Discrimination in Employment Act...

Furlough vs. Layoff: How Do They Differ and How Will Employees be Affected?
Spilman Thomas & Battle, PLLC, April 2020

As a result of the COVID-19, employers are being forced to reduce the size of their workforces in order to keep costs down for the duration of the pandemic and perhaps beyond. Employers can choose to either furlough employees or lay them off; however, deciding which route is best requires an analysis of the employer’s situation, as well as the needs of the employees...

Protecting Employees on the Front Lines: Interim Cal/OSHA Guidance for Skilled Nursing and Long-Term Care Facilities
Hanson Bridgett LLP, April 2020

A recent COVID-19 outbreak at a King County, Washington state long-term care skilled nursing facility led to numerous cases and deaths among residents and visitors. Most likely as a result of continued and growing cases of COVID-19 at skilled nursing and long-term care facilities, on April 5, 2020, Cal/OSHA published Interim Guidance for Protecting Workers at Skilled Nursing and Long-term Care Facilities from Exposure to Coronavirus Disease (COVID-19)...

IRS Allows Amended Partnership Returns for Bonus Depreciation and Other CARES Act Changes
Hanson Bridgett LLP, April 2020

On April 8, 2020, the IRS released Rev. Proc. 2020-23 to allow certain partnerships to take advantage of tax law changes under the Coronavirus Aid, Relief and Economic Security (CARES) Act, including the immediate expensing of costs related to "qualified improvement property...

Employers Need to Check for Local COVID-19 Emergency Paid Sick Leave Ordinances
Hanson Bridgett LLP, April 2020

An increasing number of California cities are adopting expanded paid sick leave ordinances – or expanded application of local paid sick leave ordinances – aimed at providing paid sick leave benefits to employees affected by COVID-19 who may not be entitled to benefits under the Families First Coronavirus Response Act (FFCRA). These cities include San Francisco, Los Angeles, and San Jose...

Buchalter Client Alert COVID 19: COVID-19 Insurance Coverage Checklist
Buchalter, April 2020

Businesses are experiencing devastating losses due to mandated restrictions and shutdowns, as well as the cancellation of events. What’s more, no one knows how long this will continue. As a result, many businesses are considering whether their insurance might provide some relief from the losses they already have incurred, or likely will incur, due to this crisis...

COVID-19 Webinar Series: Mortgage Forbearance and Loss Mitigation Webinar Recording
Bradley Arant Boult Cummings LLP, April 2020

Mortgage servicers are currently being inundated with requests from borrowers impacted by COVID-19 for forbearance and other types of payment relief. Tracking, making sense of, and then complying with the guidance and requirements that are being issued and then modified – seemingly on a daily basis – by the federal government, the GSEs, and various states is proving to be a challenge for many, especially at a time when resources may already be limited or stretched thin...

South Africa: Coronavirus (COVID-19) TERS: a guide to the updated memorandum of agreement for employers
ENSafrica, April 2020

On 9 April 2020, in light of the amendments to the coronavirus (COVID-19) TERS Directives, the Unemployment Insurance Fund (“UIF”) released four new memoranda of agreement (“MOAs”) to be used when employers apply for the COVID-19 Temporary Relief Scheme (“TERS”). It has also issued a revised application procedure. A MOA records the terms and conditions for the implementation of the TERS by the UIF and any employer who submits a claim under the TERS...

South African Mining Industry: Practical considerations for employers relating to coronavirus (COVID-19), post lockdown
ENSafrica, April 2020

Current state of affairs On 5 March 2020, the first case of novel Coronavirus Disease of 2019 ("COVID-19"), was confirmed in South Africa. Prior to, and with the advent of the various regulations issued in terms of section 27(2) of the Disaster Management Act, 2002, all industry sectors, including the mining industry, were directed to take reasonable measures to prevent or limit the exposure to COVID-19 at working places...

South Africa: New Amendments to the Coronavirus (COVID-19) TERS Directive Clarify who can Apply for Relief Benefits and Now
ENSafrica, April 2020

On 8 April 2020, the Minister of Employment and Labour issued a notice amending a few significant aspects of the coronavirus (COVID-19) Temporary Relief Scheme (“C19 TERS”) Directive of 25 March 2020 (the “Amendment”).The C19 TERS was established to compensate employees who have lost income due to the COVID-19 pandemic, through the Unemployment Insurance Fund (“UIF”)...

Restrictions on Business Operations and Personal Freedoms Relevant for Business
Wardynski & Partners, April 2020

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NZX Releases Continuous Disclosure Update to Issuers in Response to COVID-19
MinterEllisonRuddWatts, April 2020

NZX Regulation has today released an update providing guidance for issuers on the approach to disclosure in response to the challenges posed by COVID-19. The full text of the NZX update is available here...

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...

COVID-19: Essential Workers Leave Support
MinterEllisonRuddWatts, April 2020

The Government’s COVID-19 Essential Workers Leave Support scheme provides support to essential services to pay employees who can’t work due to COVID-19.   Eligibility COVID-19 Essential Workers Leave Support is only available to essential services. Essential services are those that provide the ‘necessities of life’ and are listed on the Ministry of Business, Innovation and Employment’s website...

COVID-19 and Data Protection: Sample Privacy Policy
Ellex Klavins, April 2020

Associate Partner Sarmis Spilbergs and Associate Mikijs Zimecs have prepared a sample of a Privacy Policy that may help employees to process data related to COVID-19 in accordance with the requirements of the General Data Protection Regulation...

COVID19 : India Update - Guidelines Issued by The Supreme Court of India for Court Functioning through Video Conferencing during COVID-19 Pandemic
Kochhar & Co. Advocates & Legal Consultants, April 2020

The Supreme Court while hearing Suo Motu Writ (Civil) No.5/2020 on 6thApril 2020 has, in exercise of the powers conferred by Article 142 of the Constitution, directed that: i...

Practical Difficulties in Holding Annual and Extraordinary General Meetings of Shareholders and the Impact of COVID-19 Coronavirus on Corporate Governance
ALRUD Law Firm, April 2020

Spring is a busy period in terms of corporate governance. It involves the computations, confirmations and conclusions related to the results of the previous financial year, when the following decisions are needed among others: Approval of annual reports and annual financial statements; Election of a new Board of Directors; Election of an internal Auditor and/or members of internal Audit Commission; Approval of company’s external auditor...

COVID-19 in Estonia: The Coronavirus in Employment Relations and Taxes - March 20 Update
COBALT, April 2020

In March, the Estonian Government decided to implement first steps to help the employers in order to avoid lay-offs and introduced also few other reliefs to support the companies. Below you can find summaries of these measures. Relief measures for employers Compensation of salary The Estonian Government approved the relief measures for the employees subject to salary cut...

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 Counterfeit Products and Fake Goods - Indian Law Perspective
Kochhar & Co. Advocates & Legal Consultants, April 2020

As misinformation on COVID-19 continues to spread, there is another more serious threat being dispersed through back trade channels and that is of counterfeit goods either for sale at exorbitant prices or fake goods proclaiming to cure or treat the virus. In 2018, Forbes announced that counterfeiting was the largest criminal enterprise in the world[1] and the sales of counterfeit and pirated goods totals $1.7 trillion per year, which is more than drugs and human trafficking...

The Ordinance Proving a Moratorium on Loan Installments has been Enacted by the Government
Nestor Nestor Diculescu Kingston Petersen, April 2020

The ordinance proving a moratorium on loan installments has been enacted by the Government, and so has been competing legislation by Parliament, causing more instability. There are many uncertainties, the biggest being whether the Ordinance will remain in force at all – the Parliament has already adopted its replacement which is currently in its promulgation stage...

A GDPR Perspective on Scientific Research in Times of a Pandemic
Nestor Nestor Diculescu Kingston Petersen, April 2020

The current global climate has changed the manner in which we socialize, work and engage even in the simplest activities. We had to quickly adapt to speaking with our friends over video calls, working primarily from home and going out of the house to the most limited extent possible, generally only to conduct essential activities, as defined by the public authorities...

I Know Where You Are. Does Anyone Else Know?
Nestor Nestor Diculescu Kingston Petersen, April 2020

Since public health has been affected by the spread of COVID-19, Member States’ governments have adopted several measures to contain its diffusion and reduce the risk of exposure. Some Member States recommend social distancing measures, while others have also declared state of emergencies and lockdowns. This is also the case for Romania, where a lock-down is in place starting from 25 March 2020...

Nursing Home Compliance Under the COVID-19 Microscope
Dykema, April 2020

Nursing homes have been on the front lines throughout the COVID-19 pandemic as they care for the persons most at risk. In an effort to improve safety and curb the spread of COVID-19, federal and state authorities are relaxing certain compliance obligations. Despite this regulatory latitude, nursing facilities should remain aware that federal and state agencies continue to closely monitor nursing home compliance...

DOJ Won’t Challenge Collaborative Efforts of FEMA and Medical Suppliers to Provide Emergency Supplies
Dykema, April 2020

On Saturday, April 4, 2020, the Antitrust Division of the U.S. Department of Justice (“DOJ”) issued a business review letter to a number of providers of Personal Protective Equipment (“PPE”) and pharmaceutical products, stating that the DOJ “presently does not intend to challenge” their efforts to expedite and increase manufacturing, sourcing, and distribution of PPE and medications in connection with Project Airbridge...

Benefit Plan Implications of the CARES Act
Dykema, April 2020

On March 27, 2019, the Coronavirus Aid, Relief, and Economic Security Act (the “Act”) was signed by President Trump. The Act provides significant relief for employee benefit plan participants and includes both required and discretionary changes. Plan sponsors should immediately review their benefit plans to ensure that amendments are properly and timely implemented to ensure that their plans continue to operate in accordance with applicable law...

COVID-19 or Oil Price Crash? Competing Causes for Termination for Force Majeure
Haynes and Boone, LLP, April 2020

On 8 March 2020, Saudi Arabia initiated a price war with Russia which has caused a major fall in the price of oil. This is disastrous for an industry that had only just recently recovered from the 2014 crash and companies are now looking at how to best get through another difficult downturn...

The USPTO Extends Certain Trademark Deadlines Through April
Haynes and Boone, LLP, April 2020

The USPTO has provided twoavenuesfor relief to trademark owners impacted by the novel coronavirus (COVID-19) pandemic: Applicants and registrants can claim the benefit of a30-day grace periodon many types of filings with deadlines between March 27, 2020 and April 30, 2020.1The requesting party must make the case that COVID-19 hasmaterially interferedwith meeting the deadline or paying the requisite fee. This alert mostly will elaborate on this grace period measure...

Force Majeure Issues Impacting the Power Sector
Haynes and Boone, LLP, April 2020

The power sector has responded rapidly to the Coronavirus pandemic by following Emergency Operations Plans, some of which specifically include responses to epidemics. The reliability of the grids across the United States have been maintained and power providers are necessary to the continued functioning of the country...

Latest Guidance on Quarantine and Self-isolation Procedures for the UK Oil and Gas Industry
Haynes and Boone, LLP, April 2020

Companies operating in the oil & gas industry in the UK can find the most up-to-date information and guidance relating to the on-going COVID-19 pandemic on the websites of Oil & Gas UK (“OGUK”), Step Change in Safety and the Health and Safety Executive (“HSE”), amongst others. OGUK & Step Change in Safety OGUK is continuing to publish the latest information and guidelines relating to COVID-19 on its website...

New Measures Implemented by the UAE Authorities in Response to COVID-19 (8 April 2020)
Afridi & Angell, April 2020

Below is a summary of key new measures and initiatives that have been implemented and announced by various UAE authorities since 6 April 2020 and the time of this inBrief, 6:00 p.m. on Wednesday, 8 April 2020...

Pennsylvania's Governor Wolf Signs Order Regarding Transfer of Supplies and Information Between Medical Facilities
Spilman Thomas & Battle, PLLC, April 2020

Today, Governor Wolf signed an order to allow the administration to transfer supplies and information between medical facilities...

The Community Bank Leverage Ratio and the CARES Act
Hunton Andrews Kurth LLP, April 2020

Following the adoption of the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) and Section 4012 thereunder, the Federal Reserve, the Office of the Comptroller of the Currency and the Federal Deposit Insurance Corporation issued two interim final rules making substantive changes to the Community Bank Leverage Ratio (the “CBLR”)...

The City of Los Angeles Orders Face Coverings for Certain Workers and Customers, and Requires Certain Employers to Provide Them
Hunton Andrews Kurth LLP, April 2020

  We previously wrote about the San Diego County face-covering mandate. On April 7, 2020, the City of Los Angeles joined San Diego County and issued an Order(the “Order”) that requires certain workers to wear cloth face coverings...

Coronavirus-Related Business Interruption Insurance Claims In Pennsylvania
Dinsmore & Shohl LLP, April 2020

As the country and the world grapple with the severity of the coronavirus pandemic and the necessary steps governments, businesses, and citizens are taking to mitigate the crisis and the spread of COVID-19, businesses are dealing with an unprecedented slowdown and/or shutdown of operations across many economic sectors...

PPP Loans Coming for Independent Contractors and Self-Employed Individuals
Hanson Bridgett LLP, April 2020

Last week, the SBA issued guidance concerning the rights of independent contractors with respect to Paycheck Protection Program (PPP) forgivable loans. First, the SBA clarified that employers cannot include compensation paid to independent contractors in calculating their own loan amount. Second, the SBA announced that independent contractors and self-employed individuals will be eligible to apply for a PPP loans starting April 10, 2020...

The National Banking and Securities Commission Issues Recommendations for the Payment of Dividends, Repurchase of Shares and Other Benefits to Shareholders of Banking Institutions.
Basham, Ringe y Correa, S.C., April 2020

  On March 31st, 2020, Mr...

Executive Order Temporarily Modifies Requirements for In-Person Notarization and Acknowledgement in Maine
Verrill, April 2020

On April 8, 2020, Maine Governor Janet Mills signed an Executive Order titled “An Order Temporarily Modifying Certain In-Person Notarization and Acknowledgement Requirements.” The purpose of this Order is to enable citizens to execute critical estate planning, real estate, business, litigation and other documents in a manner that reduces in-person contact, and that in ordinary times are required to be executed in person before a notary public and/or witnesses under Maine law...

Buchalter Client Alert COVID 19: Treasury Department Releases Answers to the Paycheck Protection Program Loans Frequently Asked Questions
Buchalter, April 2020

The Treasury Department has recently published the Paycheck Protection Program Loans Frequently Asked Questions (PPP FAQs). The Treasury Department’s publication provides businesses and lenders desperate guidance related to the Paycheck Protection Program (PPP) and the applicable rules, regulations and guidelines that have been plaguing PPP loan participants. This alert summarizes a number of the key questions in the PPP FAQs as of April 7, 2020...

Vigilance Now Can Help Avoid Scrutiny Later: Fiduciary Duties in the Midst of a Global Pandemic
Lowenstein Sandler LLP, April 2020

Faced with constantly evolving circumstances in these challenging times, officers and directors should not lose sight of what is arguably their most important corporate role–that is, as a fiduciary...

Amid COVID-19 Pandemic, NJDEP Publishes Key Remediation Standard Proposal
Lowenstein Sandler LLP, April 2020

UPDATE: In an apparent response to the numerous requests submitted by industry groups and the regulated community, the NJDEP has now extended the public comment period for this rule proposal by sixty (60) days to August 5, 2020, and it has postponed the May 11, 2020 public hearing indefinitely. The NJDEP anticipates holding a public hearing for this proposal at some point in the future. The precise date and time, however, will depend on the circumstances surrounding the COVID-19 pandemic...

Decree 513 of 2020
Brigard Urrutia, April 2020

Measures are established for public investment projects that can be financed with resources from the General System of Royalties...

Decree 517 of 2020
Brigard Urrutia, April 2020

Provisions for electric power and fuel gas utilities, within the framework of the State of Economic, Social and Ecological Emergency...

Decree 528 0f 2020
Brigard Urrutia, April 2020

Measures for the public services of aqueduct, sewerage and sanitation are dictated within the framework of the State of Economic, Social and Ecological Emergency The public services of aqueduct, sewerage and/or sanitation may defer the collection of the fixed charge and unsubsidized consumption to residential users of stratum 1 and 2 for a period of thirty-six (36) months...

CREG Resolution 043 of 2020
Brigard Urrutia, April 2020

Transitional rules adopted with regards to supply limitation of Resolution CREG 116 of 1998 and withdrawal from market of Resolution CREG 156 of 2011. During the following three months, the supply limitation programs, which imply possible cuts to users, of CREG Resolution 116 of 1998 and other regulations that modify or supplement it, will not be applied...

Solidarity Income Program Addresses Needs of Vulnerable Households
Brigard Urrutia, April 2020

The Ministry of Finance and Public Credit issued Legislative Decree 518 of 2020, which created the Solidarity Income Program in order to meet the needs of households in situations of poverty and vulnerability throughout the national territory, in the context of the State of Economic, Social and Ecological Emergency...

Implementation of Decrees 457 and 482 of 2020 Regarding Transport
Brigard Urrutia, April 2020

The circular makes provision for the following services: 1. The public service of land transport of cargo. The exceptions referred to in Decree 457 do not specify a type of vehicle, but rather limit the cargo transport service to that which corresponds to the goods strictly necessary to prevent, mitigate and attend to the emergency and which are listed in Article 3 of the same Decree, as well as the cargo transport of imports and exports. 2...

COVID-19: Employers Can Still Make Commercial Decisions Regarding their Workforce
MinterEllisonRuddWatts, April 2020

Much has been said in the media about how employers cannot make changes to their workforce without the consent of employees, or that accessing the Government’s COVID-19 Wage Subsidy means you can’t make changes to your workforce. However, those blunt messages risk sending a simplistic message which does not reflect the commercial reality of the world that businesses are now operating in...

IP Filing Deadlines Extended Under CARES Act
Dykema, April 2020

Under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the United States Patent and Trademark Office (USPTO) Director may modify certain patent and trademark-related deadlines where the COVID-19 outbreak has either prejudiced applicants’ rights or interfered with the filing of a document or fee payment. The Acting Register of the Copyright Office is also granted expanded authority under the CARES Act for modifying certain copyright-related deadlines...

Pennsylvania Announces COVID-19 Action Portal
Spilman Thomas & Battle, PLLC, April 2020

On Monday, April 6, 2020, Pennsylvania Governor Tom Wolf announced the Pennsylvania Manufacturing Call to Action Portal, which allows businesses to help their bottom line while also helping Pennsylvania fight back against COVID-19...

English Law COVID-19 Q&A Series: Shipbuilding Contracts
Haynes and Boone, LLP, April 2020

Under English law, unlike civil law systems, a force majeure is neither defined nor automatically applicable to commercial contracts...

Ministry of Transports and Telecommunications and Certain Telecoms Operators Promote “Solidarity Connectivity Plan”
Carey, April 2020

In order to allow telecommunications´ users connectivity in case that, due to force majeure, they cannot pay their monthly bills, the Ministry of Transport and Telecommunications has agreed with some operators of mobile and fixed telecommunication services in the country, the establishment of a " Solidarity Connectivity Plan "that will be effective from April 1, 2020...

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...

Merger Control During the Epidemic
Wardynski & Partners, April 2020

In light of the difficulties associated with the coronavirus epidemic, and joining the global trend under the hashtag #flattenthecurve, competition authorities around the world, including Poland, are introducing, more or less officially, extraordinary operating procedures to avoid spreading the coronavirus. This can have amajor impact on proceedings before these authorities, including filing and consideration of applications seeking approval of concentrations...

Cooperation Between Competitors During the Crisis
Wardynski & Partners, April 2020

One method companies have of dealing with the crisis is to cooperate with their rivals. But before entering into such cooperation, it is worth examining whether it constitutes aconspiracy subject to sanctions from the national competition authority, the European Commission or other antitrust bodies...

President of UOKiK at War with Price-Gougers
Wardynski & Partners, April 2020

The president of the Office of Competition and Consumer Protection (UOKiK) has declared war on sellers unfairly raising prices of products during the COVID-19 pandemic. One of the instruments proposed by the regulator in combating this pathology is establishment by the Ministry of Development of maximum prices and margins on products essential from the perspective of consumers’ interests (a change included in the recent amendment to the Anti-Crisis Act)...

Anti-Crisis Shield and UOKiK Proposals for (Temporary) Tough Times
Wardynski & Partners, April 2020

The amendment to the Anti-Crisis Act includes proposals drafted by the Office of Competition and Consumer Protection (UOKiK), intended to increase the financial security of households, ensure access to vital goods and services, and combat price speculation and unjustified increases...

COVID-19 Advice: Post-Default Enforcement Against Equity Collateral
Haynes and Boone, LLP, April 2020

The pledge of equity interests of a privately held company as collateral is a common occurrence in a wide variety of financing structures. What is not as common perhaps is for secured creditors to analyze, at the initial stages of a transaction, the road maps that may serve to mitigate any meaningful delays or diminution in the value of such collateral in a foreclosure scenario...

Extraordinary Measures of the Declaration of Health Emergency (COVID-19): New Technical Guidelines
Haynes and Boone, LLP, April 2020

Effective on April 6, 2020, an Order was published to establish the technical guidelines (the “Technical Guidelines”) for the activities described in Article 1, Section II, sub-sections (c) and (e) of the order that adopted extraordinary measures to deal with the health emergency caused by the SARS-CoV2 virus” (the “Order”). (We published an article on the Order, which may be foundhere...

New Measures Implemented by the UAE Authorities in Response to COVID-19 [7 April 2020]
Afridi & Angell, April 2020

Below is a summary of key new measures, as well as clarifications on previous measures we reported on, that have been implemented by various UAE authorities since 5 April 2020 and the time of this inBrief, 6:00 p.m. on Tuesday, 7 April 2020...

Energy Regulatory Commission Extension of the Suspension for Terms and Proceedings
Basham, Ringe y Correa, S.C., April 2020

The Energy Regulatory Commission (CRE) published an administrative resolution declaring the extension of the suspension of all terms and proceedings before such authority until April 30, 2020. This resolution was published in the Federal Official Gazette on April 07, 2020. The administrative resolution A / 014/2020 published today amends CRE's prior resolution A / 010/2020 dated March 24, 2020 (which previously suspended all terms and proceedings from March 24 to April 17, 2020)...

INAI Launches Site on Personal Data Protection During the Pandemic due to Coronavirus
Basham, Ringe y Correa, S.C., April 2020

  The protection of personal data has been one of the topics of analysis at the global level during the pandemic due to the expansion of SARS-CoV-2 that causes the disease COVID-19. As an example, it is enough to observe the measures taken by the governments of Germany and South Korea in excessive population monitoring, or the development of applications for the location of people before the isolation measures to prevent the spread of the virus...

CARES Act Encourages Lenders to Have Flexible Terms with Mortgage Holders
Waller, April 2020

Last month, Waller published an article (Bank Interagency group offers guidance on working with borrowers affected by COVID-19) analyzing guidance issued by the federal financial regulatory agencies encouraging lenders to “work constructively with borrowers” and offer loan modification programs in a safe and sound manner to mitigate the adverse effects of COVID-19...

The IRS Quiets Skepticism of Government Paying COVID-19-Related Paid Leave but Limits Qualified Family Leave
Waller, April 2020

The Internal Revenue Service (IRS) continues to generously interpret theFamilies First Coronavirus Response Act(FFCRA), deploying the “qualified leave tax credit” to maximize the benefit for employers and provide speedy aid, while adding new conditions to the “qualified family leave” mandate...

SBA Favorable Interpretation of CARES Act Allows Small Business Employers Participating in the PPP Loan Program to Include Withholdings and Employee Share of OASDI Taxes
Waller, April 2020

In revised Frequently Asked Questions (as of April 6, 2020) (the “FAQ”), linked here, the Small Business Administration in consultation with the Department of the Treasury addressed the questions of whether a small business borrower participating in the Paycheck Protection Program (PPP) could count the employee withholdings and the employee share of Old-Age, Survivors, and Disability Insurance (OASDI) tax in determining the maximum amount of borrowings and whether such a

Can Banks and Financial Institutions Offset Against Stimulus Checks?
Hunton Andrews Kurth LLP, April 2020

On March 27, 2020, President Donald Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act) to provide some financial relief to certain individuals and businesses while the country seeks to manage the COVID-19 crisis...

US DOL Issues Guidance Regarding Unemployment Benefits Under the Newly Enacted CARES Act
Hunton Andrews Kurth LLP, April 2020

The Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law on March 27, 2020 as a federal response to the economic crisis caused by the Coronavirus. As we previouslyreported, the Act greatly expands unemployment benefits for workers affected by the COVID-19 pandemic, but many questions remained about how the Act would be applied. The DOL recently issuedguidanceanswering some of these questions...

COVID-19: Are Nonimmigrants Eligible for Unemployment Benefits?
Hunton Andrews Kurth LLP, April 2020

  Unemployment insurance, as described in ar ecent blog post by our Labor and Employment colleagues, is a “joint federal-state program, administered separately by each state following guidelines established by federal law.” While the requirements of these programs vary from state to state, eligibility criteria generallyexcludenonimmigrants whose work authorization is tied to a specific position with a specific employer (e.g., TN, H-1B, and L-1 workers)...

Families First Regulations Provide Some Clarity, Some Confusion
Hunton Andrews Kurth LLP, April 2020

The Department of Labor issued its Final Rule regarding implementation of the Families First Coronavirus Response Act on April 1, but it does not resolve all outstanding questions for employers. The Final Rule provides points of clarity on issues such as the definitions of health care provider and emergency responders, the small business exemption to the Act, and the effect of state or local stay-at-home orders on an employee’s right to take leave...

A Summary of Title IV Lending Programs
Hunton Andrews Kurth LLP, April 2020

Title IV of the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act) is aimed at providing financial assistance to industries and businesses that have been impacted by the COVID-19 pandemic...

CARES Act Business Tax Provisions Potentially Impact Recent and Future Transactions
Hunton Andrews Kurth LLP, April 2020

On March 27, 2020, President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) into law. The CARES Act contains several tax provisions that potentially impact structuring and negotiations of future transactions and may provide opportunities for recently completed transactions...

Belgian DPA Statement Regarding Health-Related Apps in the Context of COVID-19
Hunton Andrews Kurth LLP, April 2020

On March 31, 2020, the Belgian Data Protection Authority (the “Belgian DPA”) published a short statement on its website (the “Statement”) regarding health-related apps. The Belgian DPA indicated that the Statement is in response to numerous questions regarding the use of personal data in the context of the COVID-19 pandemic...

Tax-Exempt Debt Payment Deferrals For Municipal Securities
Dinsmore & Shohl LLP, April 2020

The COVID-19 pandemic has delayed and lowered revenues, creating an unprecedented period of fiscal uncertainty for borrowers of tax-exempt debt. Borrowers forced to navigate these conditions may request lenders defer scheduled debt payments to help weather the storm. Borrowers and lenders of tax-exempt debt must be mindful that a deferral of scheduled payments may endanger the debt’s tax-exempt status...

Workouts and Restructurings in the COVID Era
Hanson Bridgett LLP, April 2020

Introduction I have not taken the time to research and, hence, cannot speak knowledgeably about the economic impact of government measures taken to defeat the Spanish Flu epidemic of 1918, and the legal consequences thereof...

COVID-19 Measures in the Healthcare Sector: Update
Cechova & Partners, April 2020

Since the publication of our legal update on COVID-19 Legal Challenges for Pharmaceutical Companies on 31 March 2020, new important measures were adopted or announced on both national and EU level...

Buchalter Client Alert COVID-19: Annual Shareholder Meetings in the Time of Coronavirus
Buchalter, April 2020

The novel coronavirus, COVID-19, is impacting every aspect of doing business, and annual meetings of shareholders are no exception.  Each corporation is required by state corporation law, and usually its own bylaws, to hold an annual meeting of its shareholders to elect the members of its Board of Directors and to conduct such other business as may be properly brought before its shareholders, with most corporations holding these meetings in March through June...

Buchalter Client Alert COVID-19: Judicial Council Enacts COVID-19 Emergency Rules Preventing Unlawful Detainers and Staying Judicial Foreclosure Actions Statewide
Buchalter, April 2020

On Monday, April 6, 2020, in an Emergency Meeting to address issues arising from the COVID-19 Crisis, the Judicial Council enacted emergency rules that protect tenants and borrowers by temporarily preventing California courts from processing unlawful detainer and judicial foreclosure actions, with limited exceptions. The emergency rules apply to both residential and commercial tenants and borrowers, and govern all California State Courts...

The Certainty of Antitrust Review in Uncertain Times
Lowenstein Sandler LLP, April 2020

The Federal Trade Commission (FTC) Bureau of Competition issued a reminder yesterday, April 6, that it “must continue to analyze carefully the potential effects of proposed transactions and business conduct” and that it “will not suspend our usual rigorous approach to ferreting out anticompetitive harm and seeking relief, even in the face of uncertainty...

D&O Insurance Renewals: What Corporate Policyholders Need to Know in the “New Normal”
Lowenstein Sandler LLP, April 2020

Many companies are focused on their business interruption coverage in the face of coronavirus disease 2019 (COVID-19). But they must not let management liability insurance be a blind spot. Companies that are renewing their management liability insurance program (directors’ and officers’ (D&O), employment practices, and fiduciary liability) must be prepared for a hard look by underwriters as they react to COVID-19 and consider its effects going forward...

SBA Paycheck Protection Program Update: Frequently Asked Questions
Lowenstein Sandler LLP, April 2020

Certain provisions of the Coronavirus/Covid-19 economic stimulus legislation are subject to the issuance of government regulations and other government action, thus certain details regarding the legislation may be clarified or added...

Requirements to Manufacture Disinfectants and Antiseptics COVID-19
Brigard Urrutia, April 2020

In order to avoid the shortage of antiseptic and disinfectant products for external use, the Colombian Ministry of Health issued Resolution 520 of March 28, 2020 in order to establish new requirements for the manufacture of the above-mentioned products within the Colombian territory...

INVIMA's Measures until the Health Emergency Remains in Force
Brigard Urrutia, April 2020

Through Resolution 2020012926 of April 3, 2020, INVIMA formalizes the measures adopted in connection with the person to person attention and proceedings that will be carried out before the entity during the health emergency, as well as the suspension of terms for some of INVIMA´s actions...

Corporate Income Tax Filing and Paying Due Dates Postponed
Brigard Urrutia, April 2020

The Ministry of Finance published Decree 520 of April 6, 2020, modifying the dates for filing and paying income tax returns of large taxpayers and legal entities, as well as the annual statement of assets held abroad. Accordingly, Decree 520 of 2020 establishes that the income tax returns of large taxpayers will be filed simultaneously with the third installment instead of the second one, as was previously provided by Decree 435, published on March 19, 2020...

A Gov't Contractor's Guide to Excusable, Compensable Delays
Bradley Arant Boult Cummings LLP, April 2020

With the recent and rapid spread of COVID-19 in the U.S., government contractors have already started experiencing contract performance delays, which inevitably will have a significant financial impact...

South Africa: Tax Considerations Arising from the Impact of COVID-19 on Contractual Obligations
ENSafrica, April 2020

Our firm has published several articles in relation to the impact of COVID-19 on the contractual obligations of parties, mainly due to the promulgation of emergency legislation impacting performance...

South Africa: Coronavirus (COVID-19) Obligations and Roles of the Electronic Communications Sector Amended
ENSafrica, April 2020

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 national state of disaster period. You can read our previous article relating to the Directionshere...

Uganda: An Assessment of Uganda’s Legal Response to the Coronavirus (COVID-19)
ENSafrica, April 2020

Ten years ago, Uganda’s National Disaster Preparedness and Management Policy predicted that “an influenza pandemic may occur when a new influenza virus appears against which the human population has no immunity. With the increase in global transport, as well as urbanization and overcrowded conditions in some areas, epidemics due to a new influenza virus are likely to take hold around the world, and become a pandemic faster than before”...

South Africa: ICASA Coronavirus (COVID-19) National State of Disaster Regulations
ENSafrica, April 2020

On 6 April 2020, the Independent Communications Authority of South Africa (“ICASA”) published the Information and Communications Technology (“ICT”) COVID-19 National Disaster Regulations (the "Regulations").   The stated purpose of the Regulations is to prescribe the minimum standards to which all licensee (electronic communication services and broadcasting services) must adhere for the duration of the National State of Disaster...

South Africa: Coronavirus (COVID-19) - Closing Commercial Transactions during Lockdown
ENSafrica, April 2020

With South Africa currently under a nationwide lockdown, practical challenges arise for parties to existing (or new) commercial transactions that are scheduled to “close” during this period. While physical closings are (generally) not currently possible, depending on the type of transaction and the closing deliverables involved, this challenge need not delay closing...

Mauritius – Tax Measures in Response to the Coronavirus (COVID-19)
ENSafrica, April 2020

In light of the widespread impact of the coronavirus (COVID-19), various tax measures that companies and individuals should be aware of have been announced by the Mauritius authorities: WAIVER OF INTERESTS AND PENALTIES FOR LATE FILINGS OR LATE PAYMENTS On 20 March 2020, the Mauritius Revenue Authority (“MRA”) issued a communiqué stating that taxpayers who are unable to submit returns, or effect payment of tax because of the lockdown will not be charged any penalty o

Mauritius: Capital markets - Practical considerations in the Context of the Coronavirus (COVID-19)
ENSafrica, April 2020

An announcement made by The Stock Exchange of Mauritius Ltd (“SEM”) and the Central Depository & Settlement Co. Ltd (“CDS”) confirmed that on April 3 2020, the Financial Services Commission (“FSC”) revoked the order of 2 April 2020 for the temporary cessation of the operations of the SEM...

South Africa: The impact of the Draft Disaster Management Tax Relief Administration Bill, 2020 on the Time Periods for Tax Matters
ENSafrica, April 2020

The Draft Disaster Management Tax Relief Administration Bill, 2020 (“Bill”) was released for public comment on 1 April 2020 and once signed into law, will take effect from that date...

South Africa: Coronavirus (COVID-19) Illegal and Impossible Performances under Derivatives Transactions – Contractual Provisions and South African Common Law
ENSafrica, April 2020

Some reports claim that as many as one third of people around the world are subject to some degree of lockdown to stem the coronavirus (COVID-19) rate of infection. As a result, businesses everywhere are facing unprecedented circumstances that most of us would agree could never have been imagined, and certainly not anticipated, in negotiating a contract...

Uganda: Ministry of Health issues additional Coronavirus (COVID-19) rules
ENSafrica, April 2020

The Ugandan Minister of Health has issued the Public Health (Control of COVID-19) (No. 2) Rules, 2020 (“the Rules”) in addition to the previously published statutory instruments (discussed here)...

“Control” and Computer Programs – Who owns the Copyright?
ENSafrica, April 2020

On 1 April 2020, the Supreme Court of Appeal (“SCA”) granted an appeal against an order of Acting Justice Kose in the Cape Town High Court in favour of The Agricultural Research Council (ARC) (Bergh and Others v The Agricultural Research Council (Case no 93/2019) [2020] ZASCA 30). The appeal was against an order interdicting the appellants from infringing the ARC’s copyright in the BeefPro computer program and from unlawfully competing with the ARC...

Kenya: Key Highlights of the Business Laws (Amendment) Act, 2020
ENSafrica, April 2020

The Business Laws (Amendment) Act, 2020 (the “Act”) was assented to by the President on 18 March 2020, introducing several significant changes to various existing laws, improving the ease of doing business...

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...

A New Wave of Insolvencies? Possible Preventive Restructuring Measures in the Implementation of the European Directive on Preventive Restructuring
Nestor Nestor Diculescu Kingston Petersen, April 2020

This legal analysis focuses on the typical case of a company that although it is not directly targeted by the measures established in order to prevent the spreading of the novel coronavirus, it still registers a decrease of demand, of the level of proceeds and of the production of goods and services...

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...

New Measures Implemented by the UAE Authorities in Response to COVID-19
Afridi & Angell, April 2020

This supplements our inBrief dated 3 April 2020, which reported on measures implemented by the UAE authorities in response to COVID-19 up to 9:00 a.m. that day. Many new measures have been introduced since then. We now report on new measures taken up to 9:00 a.m. on Monday 6 April 2020...

COVID-19: Contributions to Employers and Self-Employed Persons for Maintenance of Employment (Job Positions) During State of Crisis
Cechova & Partners, April 2020

In our previous legal alert we informed that Act on Employment Services[1]was amended so that allowances to maintain job positions and to maintain employees during the emergency situation, state of emergency and state of distress (the “State of Crisis”) can be provided to a broader group of employers compared to the currently available options under the Act on Employment Services...

COVID-19: Deferrals of Banking Loans “Second Aid” to Citizens, Firms and Self-Employed Entrepreneurs
Cechova & Partners, April 2020

Since the beginning of the SARS-CoV-2 pandemic, the deferrals of loan payments and other payments (such as leasing payments, etc.) have been provided by credit institutions or other financial institutions voluntarily, upon their negotiations with debtors, upon their discretion and within the formal process for approval of deferred payments with a potential future negative effect on the credit score of the debtor...

COVID-19: Guarantees for Bank Loans and Loan Interest Bonifications as Financial Aid to SMEs Extraordinary Measures in Financial Market Supervision
Cechova & Partners, April 2020

Guarantees for bank loans and loan interest bonifications were introduced as afinancial aid to small and medium-sized enterprises (“SMEs”) to be provided by the state under Act on certain extraordinary measures in the area of finance in relation to the spread of dangerous contagious human disease COVID-19 that was adopted by the National Council of the Slovak Republic on 2 April 2020 (the “Act”)...

Coronavirus: 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...

Corona and the Adoption of Annual and Consolidated Financial Statements, in Particular Relating to the Supervisory Board's Financial Statement Meeting
Heuking Kühn Lüer Wojtek, April 2020

Current status: March 31, 2020 Increasingly far-reaching restrictions with respect to the COVID-19 virus also bring to light the issue of timely drafting, auditing, adoption, and publication of annual and consolidated financial statements, in particular for listed companies. This against the background that capital market-oriented companies, i.e...

Reimbursement of Medicinal Products in Times of Pandemics and Budgetary Constraints: Why Quick Fixes Do Not Work
ALTIUS/Tiberghien, April 2020

  With national governments scrambling to take measures in order to counter the Covid-19 pandemic, we are again confronted with the fact that a EU common policy in the healthcare field is quasi inexistent. This is equally so in respect of the pricing and reimbursement of medicines...

The European Commission Strengthens the Temporary Framework on State Aid
Gianni, Origoni, Grippo, Cappelli & Partners, April 2020

The new measures adopted by the European Commission Last Friday, the European Commission (“Commission”) has adopted an amendment to existing State aid rules to widen the perimeter of the national measures which can be authorized based on the exceptional legal framework to cope with the current crisis. a. In particular, the Commission considered the following measures:a. More support for research and development related to the current health crisis...

COVID-19: Key New Legislation Introduced in Royal Decree-Law 11/2020
Garrigues, April 2020

Garrigues analyzes the measures introduced by Royal Decree-Law 11/2020, from every angle of business law: corporate/commercial contracts, tax, labor and employment, restructuring and insolvency, procedures and administrative law...

Measures Undertaken by the Icelandic Government in Response to COVID-19
LEX Law Offices, April 2020

This memorandum is intended to provide information on measures undertaken by the Icelandic government in response to disruption of businesses on account of the SARSCoV2 virus. The memo will be updated as the occasion arises. Status as on Tuesday 31 March 2020 On 31 March 2020, the Icelandic Parliament (Althingi) passed amendments to various laws in order to implement the government´s announced measures in response to COVID-19...

Panama Creates a Beneficial Owner Registry
Morgan & Morgan, April 2020

By Law 129 of 17 March 2020 (hereinafter, the “Law”) the Republic of Panama established the regulatory framework for a restricted database...

Consumer Finance and COVID-19 – New Regulations and Guidance
MinterEllisonRuddWatts, April 2020

The Government has provided guidance on the regulation of consumer finance following the disruption caused by COVID-19. Parliament passed theCredit Contracts and Consumer Finance (Exemptions for COVID-19) Amendment Regulations 2020(Amendment Regulations) on 31 March 2020. The Commerce Commission (Commission) has also releasedguidancefor lenders operating during the COVID-19 pandemic (Guidance Document)...

Ironing Out The Details: The Department of Labor Updates and Adds to Its FFCRA Guidance FAQs
Dykema, April 2020

As employers try to comply with the new Families First Coronavirus Response Act’s (FFCRA) paid sick leave and expanded family and medical leave requirements, the Department of Labor has thrown them a curveball by quietly changing the answers to some of its Guidance about the FFCRA as well as adding 19 more FAQs to its prior compendium...

Michigan's Governor Issues Executive Order Creating Protected Class of COVID-19 Positive Employees
Dykema, April 2020

  In an apparent attempt to further reduce the spread of COVID-19 in Michigan, on Friday, April 3, Michigan Governor Gretchen Whitmer issued Executive Order 2020-36, which provides protection to all employees who stay home when they are at “particular risk” of infecting others with COVID-19...

CMS Waivers and Flexibilities
Spilman Thomas & Battle, PLLC, April 2020

In times of emergency, the Secretary of Health and Human Services (the "Secretary") has authority to issue temporary waivers or modifications of certain Medicare, Medicaid, CHIP, and HIPAA requirements. The Centers for Medicare and Medicaid Services ("CMS") has released a substantial number of waivers in response to the coronavirus national emergency...

Medicare Coverage for Virtual Healthcare Services
Spilman Thomas & Battle, PLLC, April 2020

On March 17, 2020, the Trump administration announced an expansion of Medicare coverage for virtual health services. The Medicare expansion is intended to make medical offices more available to people who need to be seen in-person and to mitigate the spread of the novel Coronavirus. Medicare can now pay for office, hospital, and other visits furnished via virtual services across the country, including a patient’s place of residence, starting March 6, 2020...

New Executive Orders for Select West Virginia Counties
Spilman Thomas & Battle, PLLC, April 2020

Over the weekend, Governor Justice signed two new executive orders—Order 20-20 and Order 21-20—that further limit permissible activities in six West Virginia counties: Berkeley, Harrison, Jefferson, Kanawha, Monongalia, and Morgan. Under these orders, outdoor activities are further restricted to a maximum of five people and essential business and operations are directed, to the maximum extent possible, to order their employees and contractors to work remotely...

Stark Blanket Waivers Issued During COVID-19 National Emergency
Spilman Thomas & Battle, PLLC, April 2020

On March 30, 2020, the Secretary of the Department of Health and Human Services ("Secretary") announced a blanket waiver ("Waiver") of sanctions for violations of Section 1877 of the Social Security Act, also known as the physician self-referral law or Stark law ("Stark Law")...

Telehealth and HIPAA Compliance During the COVID-19 Pandemic
Spilman Thomas & Battle, PLLC, April 2020

Telehealth is not a new concept, but it has been accelerated to the forefront recently by government mandated social distancing. While all of the "stay-at-home" orders issued across the country to date have included exceptions that permit individuals to leave their homes to seek medical treatment, providers may feel an obligation to offer telehealth services to protect not only their patients, but also the provider's staff, and to support the national effort to "flatten the curve...

The Dome Report - 2020 West Virginia Legislature: The Final Review. Issue 7, 2020
Spilman Thomas & Battle, PLLC, April 2020

The West Virginia Legislature adjourned its 60-day Regular Session sine die on March 7, 2020. By the time the clock struck midnight, 356 bills ultimately completed the legislative process and were sent to Governor Justice for his approval. Under the West Virginia Constitution, the Governor had until midnight on March 25, 2020 to take action on those bills. The Governor signed all but five of the bills passed during the regular session...

DOJ and FTC Issue Joint Antitrust Statement Regarding Collaboration During COVID-19 Crisis
Dykema, April 2020

Even though the COVID-19 crisis has shuttered many government and commercial activities, the nation’s antitrust regulators are still very much open for business...

Employers Providing Face Masks Should Review Their Health and Safety Obligations
Haynes and Boone, LLP, April 2020

In its continuing efforts to slow the spread of COVID-19, on April 3, 2020, the Centers for Disease Control and Prevention (“CDC”) recommended that the general public wear, on a voluntary basis, “cloth face coverings in public settings where other social distancing measures are difficult to maintain (e.g., grocery stores and pharmacies) especially in areas of significant community-based transmission” of coronavirus...

CARES Act Relief Checklist: Considerations in Deciding What Relief is Right for Your Business
Haynes and Boone, LLP, April 2020

The Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) offers relief to businesses affected by COVID-19 through various programs, including forgivable loans and federal income tax credits. However, the CARES Act prevents businesses from claiming certain benefits that are considered duplicative...

Keep Calm and Notary On: How to Meet Your Notary Needs in Texas While Social Distancing
Haynes and Boone, LLP, April 2020

With most of the country working from home, many are wondering how to get their documents notarized. Thankfully, several states, including Texas, have authorized online notarization ceremonies. Under the new telecommunications statutes, individuals can have documents notarized from a healthy distance. Historically, Texas required both in-person notarization and the filing of the original notarized document, which precluded any possibility of a telecommuting notary...

Impact of Coronavirus and Force Majeure Rules Under the Laws of North Macedonia on Existing and Future Commercial Contracts
Polenak Law Firm, April 2020

In order to cope with the public health crisis caused by the COVID-19 pandemic, the Government of North Macedonia has instituted a number of administrative measures aimed at preventing the spread of this virus, but also at dealing with the economic consequences of the crisis...

Regulators Approve Greater Flexibility with CBLR Requirements
Waller, April 2020

The federal banking agencies issued two interim final rules this week providing temporary relief to community banks that are deciding whether to opt in to the community bank leverage ratio (“CBLR”) framework. The interim final rules reflect the agencies’ actions to implement Section 4012 of the Coronavirus Aid, Relief and Economic Security Act, which requires them to temporarily lower the CBLR to 8 percent (from 9 percent)...

CMS Releases Additional Guidance for Temporary ASC-to-Hospital Conversions
Waller, April 2020

The Centers for Medicare & Medicaid Services hasrecently announced an unprecedented “Hospitals Without Walls” program to aid in the fight against COVID-19. The goal of this program is to ensure that local hospitals and health systems have the capacity to handle a potential surge of COVID-19 patients through temporary expansion sites including other, non-affiliated healthcare providers and even unlicensed locations such as community centers and schools...

Practical Tips for Understanding and Managing SBA PPP Risks After Day 1
Hunton Andrews Kurth LLP, April 2020

Perhaps it was to be expected that the Small Business Administration (“SBA”) would not be able to dealwith the deluge of responsibilities associated with the funneling of hundreds of billions of dollars tobusinesses to keep them afloat. The SBA was trying to cope with the need to allocate $350 billion towardthe 7(a) program in three months when it guaranteed “Only” $17 billion of 7(a) loans during all of 2019...

California Recommends Face Coverings, While San Diego County Requires Them For Certain Workers And Issues New Posting Requirements
Hunton Andrews Kurth LLP, April 2020

    The California Public Health Department issued Guidance recommending that all Californians wear cloth face coverings when in public for essential activities. San Diego County took that guidance one step further, however, and issued an addendum to its public health order, requiring that certain employees wear cloth face coverings...

Belgium: Corporate Focus Points in Coronavirus Times
Hunton Andrews Kurth LLP, April 2020

Leading companies through the coronavirus (COVID-19) pandemic: that is the current additional task that companies’ boards have on their plate. Under Belgian law, directors are generally responsible to manage the company, which includes bearing the risk for management decisions responding to the pandemic and its economic and social consequences...

Highlights of DOL Temporary Rule on Expanded FMLA and Paid Sick Leave
Dinsmore & Shohl LLP, April 2020

On April 1, 2020, the U.S. Department of Labor (“DOL”) issued a temporary rule regarding the implementation of the emergency paid sick leave and Expanded Family and Medical Leave (“EFMLA”) requirements established by the recently enacted Families First Coronavirus Response Act (“FFCRA”). The DOL temporary rule covers significant ground in terms of delineating workers’ and employers’ rights and responsibilities under the FFCRA...

Regulation Best Interest and Form CRS
Dinsmore & Shohl LLP, April 2020

The Novel Coronavirus continues to disrupt nearly every industry, including our own. In response to this and the various hardships and logistical headaches it has created, the SEC has issued certain exemptions affecting filing and delivery deadlines. For more information on this, see SEC Corona Virus Response. However, on April 2, the SEC announced that is not planning any similar actions regarding the implementation of Regulation Best Interest or Form CRS...

Paycheck Protection Program Loans – Affiliation Rules Updated
Hanson Bridgett LLP, April 2020

On April 3, 2020, small business owners started applying for forgivable loans under the Paycheck Protection Program (PPP) to help keep their workforce employed during the COVID-19 pandemic. As the program got underway, the Small Business Administration (SBA) rolled out important new guidance for small businesses, including an updated loan application form and comprehensive guidance on PPP requirements for borrowers and lenders...

Governor's Executive Order N-42-20 Restricts the Ability of Water Service Providers to Shut Off Water Service
Hanson Bridgett LLP, April 2020

On April 2, 2020, Governor Newson issued Executive Order N-42-20 ("Executive Order") in response to the COVID-19 pandemic. This order restricts the ability of water service providers to shut off water to certain customers for non-payment. All Residential Water Service Providers Affected All water service providers providing residential water service, regardless of size, are affected by this Executive Order...

Takings Challenge Against San Francisco’s Expedited Conversion Program Dismissed as Unripe
Hanson Bridgett LLP, April 2020

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...

CARES Act Extends Certain Bankruptcy Provisions to Expanded Group of Small Businesses
Hanson Bridgett LLP, April 2020

The provisions of the newly-enacted CARES ACT that have been receiving the most attention from owners of small businesses that have been devastated by the COVID-19 pandemic are those relating to the business-sustaining forgivable loans and tax benefits that will potentially be available to those companies...

Contractual Considerations in the Coronavirus Climate
Buchalter, April 2020

The COVID-19 outbreak has impacted the manufacturing, transportation and supple chains underpinning countless aspects of trade and commerce on a global basis. Additionally, the shelter-in-place orders have caused nonessential businesses to shut down, resulting in many of them being unable to meet their contractual obligation. Force Majeure Whether coronavirus can be considered a force majeure depends on the wording of the provision...

How Will Courts Interpret Force Majeure Clauses in the COVID-19 Crisis Response? Look to 2008 Recession Fallout for Clues
Lowenstein Sandler LLP, April 2020

As the COVID-19 crisis continues to unfold, businesses nationwide are struggling to meet their existing contractual obligations. While companies may attempt to rely on force majeure clauses to exempt performance, they are well advised to look to how courts interpreted these clauses following the 2008 financial recession...

A Tezos Settlement and a Telegram Injunction: Securities Laws Protections Extend to Digital Asset Investors
Lowenstein Sandler LLP, April 2020

Digital assets sit on the cutting edge of investable products, but two recent events can give investors comfort that the US securities laws will still protect them even in these sometimes uncharted waters. First, a securities class action against the Tezos Foundation alleging that the Tezos initial coin offering (ICO) violated the US securities laws as an unregistered offering recently settled for $25 million...

Focusing on Efficiency has made Antitrust Less Effective
Lowenstein Sandler LLP, April 2020

Over the past several decades, antitrust analysis has become tightly focused on the prices consumers pay as the sole, or at least the primary, measure of consumer welfare. The focus on prices to consumers has in turn led to too narrow a focus on efficiency as a proxy for consumer welfare because regulators assume that greater efficiency results in lower consumer prices...

ENSafrica: Coronavirus (COVID-19) Legal Update
ENSafrica, April 2020

a national state of disaster Now what? On 15 March 2020 the South African President declared a national state of disaster in terms of the Disaster Management Act, 2002. A national state of disaster lapses three months after it has been declared, but can be withdrawn or extended...

The Drugs (Pricing Policy) Don’t Work, They Just Make it Worse
ENSafrica, April 2020

A recent report published by the White House Council of Economic Advisers (“CEA”) on drug pricing in the United States of America has put the cost of medicine and the access thereto by the poor, firmly back in the spotlight, and on a global scale. In the CEA report, President Donald Trump’s administration argues that the USA pays higher prices for pharmaceuticals because other developed countries have systems in place to actively force down drug pricing...

WIPO Leadership: The Fox Guarding the Henhouse
ENSafrica, April 2020

A fierce fight for the leadership of the World Intellectual Property Organisation (”WIPO”) reflects an ever-growing recognition of the importance of IP. The US has seemingly secured a major victory in its quest to prevent a Chinese official from becoming the director general of WIPO. It has achieved this by backing a candidate from Singapore, Daren Tang, the head of the Singapore Intellectual Property Office...

Assessing the Fairness of Promotion Decisions: the Labour Appeal Court’s Approach
ENSafrica, April 2020

Disputes arising from an employer’s failure to promote an employee have become an established feature in South African workplaces, especially in the public sector. They have also been the subject of a large number of arbitrations by virtue of the provisions of section 186 (2)(a) of the Labour Relations Act, 1995 (“LRA”). This section provides that the definition of an unfair labour practice includes unfair conduct by an employer relating to the promotion of an employee...

Unpacking Proposed Tax Amendments in the Budget
ENSafrica, April 2020

South Africa is in lockdown in the face of the coronavirus (COVID-19) outbreak, and although we aren’t able to meet face-to-face over this period, we know how important it is to stay in touch, and we will continue to keep you up-to-date on recent tax developments. In this regard, it feels like a lifetime ago that the South African Minister of Finance delivered his 2020 Budget Speech on 26 February 2020...

What Happens under Rental Law in the Event of a Forced Closure of a Tenant’s Premises or Business?
Delphi, April 2020

We have recently witnessed several Swedish governmental decisions and recommendations that restrict citizens and businesses, in order to reduce social contact due to the outbreak of Covid-19. However, so far the authorities have not made any decrees that force tenants to close their businesses, such as restaurants and shops, or that prevent landlords from fulfilling their duty to provide the premises...

SEC Issues Sweeping Proposal to Simplify Private Securities Offerings Regulation
Waller, April 2020

On March 4, 2020, the Securities and Exchange Commission (SEC) issued a massive, 341-page release proposing “a set of amendments that would harmonize, simplify, and improve the exempt offering framework to promote capital formation and expand investment opportunities while preserving and enhancing important investor protections...

OCR Issues Cyber-Security and Scam Alerts Amid Coronavirus
Waller, April 2020

Not only are healthcare providers under attack in the daily battle against the coronavirus, criminal actors are quickly taking advantage of relaxed HIPAA enforcement and standards, teleworking and the general intensity of the situation to exploit patient and other confidential information...

Increased Liability for Breach of Measures to Prevent the Spread of Coronavirus (COVID-19)
ALRUD Law Firm, April 2020

Due to the active spread of coronavirus infection COVID-2019, the Russian authorities, at both the federal and regional levels, are taking significant measures to ensure the self-isolation of citizens. These measures include increasing the liability for violation of measures for preventing the spread of coronavirus infection, which caused adoption of a number of legislative acts. 1...

In the Nick of Time: Department of Labor Issues Regulations Interpreting the Families First Coronavirus Response Act
Dykema, April 2020

On April 1, the DOL provided employers with further clarity on the FFCRA by publishing temporary regulations. These regulations will be effective from April 1, 2020, until December 31, 2020—the same effective period of the FFCRA. Also relevant to employers, the IRS issued guidance regarding the FFCRA tax credit...

SBA Issues Interim Final Rule for the Paycheck Protection Program
Dykema, April 2020

On April 2, 2020, the U.S. Small Business Administration (SBA) issued an interim final rule, providing additional guidance on the Paycheck Protection Program (PPP). Click here to read the full text of the Interim Final Rule. Here are some of the highlights of new and/or clarified information from the previous guidance issued by Treasury and SBA and the text of the CARES Act: Eligibility Only U.S...

Corporate Governance and Insolvency Law Amid the Coronavirus Crisis
Fischer Behar Chen Well Orion & Co., April 2020

Among its other consequences, the ongoing global outbreak of Novel Coronavirus 2019 (COVID-19) has resulted in an economic crisis. In this legal update we present insolvency law issues which may arise during the crisis and we also propose practical solutions for dealing with challenges that companies may face. 1...

Superintendence of Environment and the Environmental Assessment Service Extend Term Suspension Measures in the Context of COVID-19
Carey, April 2020

I. Superintendence of Environment orders the extension of the terms suspension in sanctioning proceedings and other actions. On March 30, 2020 the Superintendence of Environment (“SMA”) issued Exempt Resolution No. 548 (“Res. 548”), which extended the term suspension measures ordered by means of Exempt Resolution No...

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. 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...

New Law Modifies 30-Days Payment System
Carey, April 2020

On April 3rd, 2020, a new Law that amends Law No. 19,983, which regulates the transfer and grants direct enforceability to the copy of invoices, on certain aspects that were recently amended by Law No. 21,131 on 30-days payment, was enacted . The most relevant modifications introduced by this Law aim to benefit small sized businesses (micro, small and medium sized businesses as per defined in Law No...

Decree No. 420 to Support Families, Employees and Micro, Small and Medium Enterprises Due to the Difficulties Generated by the COVID-19
Carey, April 2020

On March 30, Decree No. 420, which contains various tax measures that seek to provide greater liquidity to companies, SMEs and employees, was published. The Decree No. 420 considers the following measures: 1. Deferral of the payment of VAT corresponding to the months of April, May and June 2020, under the following rules: to...

Law No. 21.225 to Support Families and Micro, Small and Medium Enterprises due to COVID-19 and Procedure for Obtaining and Recovering Passwords
Carey, April 2020

Law No. 21,225 to Support Families and Micro, Small and Medium Enterprises due to Covid-19   On April 2, 2020, Law No. 21,225, which materializes some of the measures of the Emergency Economic Plan announced by the Government of Chile last Thursday, March 19, was published. The measures contained in this law are the following: Family Income Support Bonus for recipients of certain family subsidies and individuals or families from the most vulnerable 60% of the population...

Labor Board Promotes the Suspension of Collective Bargaining During Health Emergency / Resolution by the Labor Board on the Labor Effects of Health Measures Issued by the Authority
Carey, April 2020

Labor Board promotes the suspension of collective bargaining during health emergency   On Monday, March 16th, the Labor Board issued Service Order No. 1, which on the option of extending the term for collective bargaining in order to defer the day of voting for a strike...

Further Measures Implemented by the UAE Authorities in Response to COVID-19
Afridi & Angell, April 2020

The UAE continues to implement new measures on a daily basis to curb the spread of COVID-19. Those measures are being adopted, announced and implemented at a very rapid pace. For ease of reference, we present here a summary of the key measures that have been implemented by various UAE authorities between 18 March 2020 and the time of this inBrief, 9:00 a.m. on Friday, 3 April 2020...

Government Issues Relief for Directors and Companies from Insolvency Provisions in the Companies Act 1993
MinterEllisonRuddWatts, April 2020

MinterEllisonRuddWatts welcomes the announcement made by the Government today of a number of measures to support businesses during the uncertainty created by COVID-19. The reforms provide flexibility in the application of certain directors' duties in the Companies Act 1993 and implement an accelerated mechanism for companies to request a moratorium on the payment of debts...

PPP Forgivable Loan Program: How to Do the Math
Verrill, April 2020

(Originally published 4/2/2020, revised 4/3/2020) Thousands of articles are circulating about the new Paycheck Protection Program under the CARES Act signed into law on March 27. Having a general idea about how this Program works is good. But if you have questions about the math, then this article is for you. The following is a slightly simplified explanation of how to compute the loan amount and the forgivable amount...

Should Health Care Employers Prepare for COVID-19 As A Work-Related Injury?
Verrill, April 2020

While we know that everyone is being bombarded with COVID-19 recommendations, advice, news, and data, another important issue to manage in the workplace is the possibility of COVID-19 infection, if acquired at work and due to the work performed, resulting in a workers’ compensation injury. Generally, in order for an injury or illness to be work-related, the condition must both “arise out of” and “in the course of” employment...

COVID-19 Extensions for Trademark Office
Spilman Thomas & Battle, PLLC, April 2020

In response to the COVID-19 pandemic, the Director of the U.S. Patent and Trademark Office authorized relief for trademark applicants, registrants, and parties to Trademark Trial and Appeals Board ("TTAB") proceedings. The Notice of Waiver provides a 30-day extension of time from the initial date it was due, for deadlines falling between March 27, 2020 and April 30, 2020. The filing must include a statement that the delay in filing or payment was due to the COVID-19 outbreak...

SBA Issues Further Guidance Concerning the Paycheck Protection Program
Waller, April 2020

While most of the PPP under the CARES Act remains substantially unchanged by the SBA’s guidance issued late on April 2, there is one material alteration that will affect all borrowers under the program. Under the CARES Act, loan proceeds under the PPP could be used for payroll costs, mortgage interest, rent, utilities and interest payments on other debt obligations. While those use of proceeds have not changed, the guidance placed a limitation on them...

Portion of CARES Act 100 Billion Grant Fund Earmarked for Uninsured Care of COVID-19 Patients
Waller, April 2020

The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) includes $100 billion for Medicare and Medicaid-enrolled suppliers/providers that provide diagnosis, testing or care for individuals with possible/actual cases of COVID-19...

CMS SAMHSA and State Waivers Encourage Providers to Expand Behavioral Care Services Via Telehealth
Waller, April 2020

The COVID-19 crisis has increased the need for behavioral services and has also led to some opportunities for providers...

UK Measures to Contrast COVID-19
Gianni, Origoni, Grippo, Cappelli & Partners, April 2020

Introduction The UK government has recently adopted a series of recommendations aimed to face the Coronavirus outbreak due to the rise in the number of infections and deaths caused by this virus. The strict approach of the UK Government would be in line with the measures adopted by the other countries in Europe, such as Italy or Spain...

COVID-19 Related Employee Benefits Issues for Governmental Employers
Hanson Bridgett LLP, April 2020

As a growing number of the workforce is being affected by the COVID-19 pandemic, governmental employers are raising benefit-related questions. The Employee Benefits Group at Hanson Bridgett will be providing updated information on possible issues arising in the benefits area through Benefits Alerts and postings on Hanson Bridgett's Online COVID-19 Resource Center...

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...

Can Qualified Small Businesses Get a PPP Loan under the CARES Act?
Hanson Bridgett LLP, April 2020

Like most industries, tech startups have been deeply impacted by the COVID-19 pandemic. As they scramble to adapt to a rapidly changing climate, tech leaders are asking if, and to what extent, their businesses can benefit from the $2 trillion stimulus package known as the CARES Act...

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...

Treasury Issues New Paycheck Protection Program Application Forms for Borrowers and Lenders
Dykema, April 2020

On April 2, 2020, the U.S. Department of the Treasury issued afinal borrower applicationand provided lenders with therequired datathe federal government will collect electronically to guarantee the loans. The lender application form requires the lender to certify they have gathered the requisite information from the applicant, as outlined in the updated borrower application form...

CARES Act Offers Liquidity to Eligible Businesses and Mid-Sized Companies (500 - 10,000 employees)
Dykema, April 2020

Insight on Eligibility and Requirements for Obtaining Financial Assistance For Mid-Sized Companies and Eligible Businesses (other than Air Carriers and Businesses Critical to MaintainingNational Security) The Coronavirus Aid, Relief and Economic Security Act (“CARES Act”) provides for various loans, loan guaranties and other forms of financial assistance to U.S. businesses both small and large and in specific industries and sectors...

State of California and City of Los Angeles Offer Businesses Additional Coronavirus Relief as Loans and Highlight Existing Loan Programs for Small Businesses
Dykema, April 2020

The State of California and the City of Los Angeles are providing emergency assistance for California small businesses. These grants and loans are separate from incentives and programs being offered by the U.S. Small Business Administration. The State is also reminding businesses of existing small business loan programs that affected businesses can utilize. Information about the programs and how to apply is set forth below. State of California Loan Programs 1...

In the Nick of Time: Department of Labor Issues Temporary Regulations Interpreting the Families First Coronavirus Response Act
Dykema, April 2020

On April 1, the DOL provided employers with further clarity on the FFCRA by publishing temporary regulations. These regulations will be effective from April 1, 2020, until December 31, 2020—the same effective period of the FFCRA. Also relevant to employers, the IRS issued guidance regarding the FFCRA tax credit...

D.C. Circuit Addresses E-Discovery Costs in False Claims Act Litigation
Dykema, April 2020

On March 27, 2020, the U.S. Court of Appeals for the District of Columbia addressed the question of discovery costs in a long-running False Claims Act case,U.S. ex rel. Barko v. Halliburton (No. 19-7064, March 2020) (“Barko”). In Barko, a former employee claimed that an affiliate of Halliburton, Kellogg Brown & Root Services (KBR), inflated costs and received kickbacks from subcontractors during the Iraq war during the early to mid-2000s...

Insurance Recovery & The Corona Effect: Responding To Coverage Defenses For Business Interruption Claims
Haynes and Boone, LLP, April 2020

While the financial impact of quarantines and shelter-in-place orders will inevitably reach into every industry and every corner of the economy, companies in the hotel, restaurant, travel, retail and manufacturing sectors have already sustained significant business interruption losses. Much of the commentary from insurers and even some government agencies has been presumptively negative about the prospects for coverage...

Offshore Contractor’s Guide through the English Law Issues Arising from the Latest Oil Price Collapse and COVID-19
Haynes and Boone, LLP, April 2020

Introduction: The new reality As a result of the sudden and dramatic fall in the oil price that had occurred between June 2014, when oil had been trading at prices of around US$115 per barrel of Brent crude, to January 2015 by which time it had fallen to around US$35 per barrel, I was prompted to prepare a “Guide for Contractors”. Parties in the offshore oil and gas sector, and in particular contractors in the industry, were facing turbulent and unpredictable times...

The Trump Administration Again Expands Its Use of the Defense Production Act to Combat the Coronavirus Pandemic
Haynes and Boone, LLP, April 2020

On April 2, President Trump moved to use the Defense Production Act of 1950 (“DPA”) to expand the authority of the Department of Homeland Security to intervene in the private sector to order and prioritize production of supplies and equipment needed to address the coronavirus pandemic...

Bridging the Gap - An Overview of SBA Loans under the Paycheck Protection Program
Haynes and Boone, LLP, April 2020

LATEST UPDATE - April 3, 2020 In response to the Coronavirus pandemic, the President signed H.R. 748, known as the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act on March 27, 2020. The bill provides more than $2 trillion of aid to individuals and the public and private sector...

COVID-19 in the Baltics: What State Measures are Available or are Being Planned for Your Company in Each of the Baltic States?
COBALT, April 2020

On the 17thof March, we gave an overview on the options available for the governments in Estonia, Latvia and Lithuania to support companies being harmed by the COVID-19 crisis. At that time we noted that companies should work with the government in order to ensure that the measures taken truly help the companies survive the crisis...

COVID-19 in the Baltics and Belarus: FAQs by employers
COBALT, April 2020

1. What measures can be implemented by employers in relation to employees who have returned from the territories affected by the virus? Estonia Save for limited exceptions that apply to diplomats, health care employees and a few other categories, persons who have entered in Estonia on March 17, 2020 or later are required to stay in their place of residence for 14 days after crossing the Estonian border under the order of the Government of the Republic...

COVID-19 in Estonia: The Coronavirus in Employment Relations & Taxes - April Update
COBALT, April 2020

It has now been announced that from Monday, 6 April 2020 employers will be able to apply for compensation payment from the state budget for March. The Estonian Unemployment Insurance Fund has explained by now the technical aspects of filing applications and responded to the more frequent questions asked by employers about applying for compensation. Below you will find a brief overview of how to apply for compensation as well as some practical explanations and suggestions...

COVID-19: Temporary Changes to Foreign Investment in Australia
MinterEllison, April 2020

With the Treasurer's recent announcement on Sunday 29 March 2020 that monetary screening thresholds have been reduced for all foreign investors, our team takes you through what this means for potential transactions. With the Treasurer's recent announcement on Sunday 29 March 2020 that screening thresholds have been reduced for all foreign investors, our team takes you through what this means for potential acquisitions...

SBA April 2, 2020 Mostly Final Rule on the Paycheck Protection Program,
Hunton Andrews Kurth LLP, April 2020

The US Small Business Administration (“SBA”) released an immediately effective interim final rule (the “Rule”) on the “Paycheck Protection Program” established under the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act” or “Act”) at the end of the day on April 2, 2020...

COVID 19: City of Los Angeles Imposes New Paid Sick Leave Obligations on Employers With 500+ U.S. Employees
Hunton Andrews Kurth LLP, April 2020

In the face of unprecedented challenges due to COVID-19, employers have been forced to balance the need to mitigate current health risks against the need to protect their future financial viability. Last week, the Los Angeles City Council made navigating that balance more difficult for some employers. The Los Angeles City Council adopted an ordinance requiring employers with 500 or more employees nationally to provide up to 80 hours of supplemental paid sick leave in some instances...

Should the Board of Directors Create a Special Committee to Oversee the Corporation’s Response to the Pandemic?
Hunton Andrews Kurth LLP, April 2020

In recent years, discussions of corporate governance best practices have included the pros and cons of having a separate Risk Committee of the Board of Directors. While there has been increased focused on the Board’s oversight of the corporation’s assessment and control of risks, it is not always clear that a Risk Committee is the best approach for non-financial institutions...

Misconceptions About EPA’s Temporary Enforcement Discretion Policy for COVID-19
Hunton Andrews Kurth LLP, April 2020

Misconceptions About EPA’s Temporary Enforcement Discretion Policy for COVID-19   Commentary regarding the US Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance Assurance (OECA) memorandum articulating a temporary policy applying enforcement discretion in light of the COVID-19 pandemic has been significant this week...

Temporary Flexibility in the Dates for Submission of European Prudential Reporting Statements, Additional National Requirements and Public Disclosure in the Insurance Sector
Jeantet, April 2020

By Ordinance dated April 1ston emergency measures relating to staff representative bodies (“IRP”), the Government had provided for the possibility for companies to hold meetings with their IRP via videoconference or conference call but also by instant messaging app if the two first means cannot be used. By Decree published on April 10th, 2020, the Government provided clarifications on how to use conference calls and instant messaging...

Buchalter Client Alert COVID-19: Environmental Compliance during COVID-19 (Hint: EPA did not Suspend Environmental Laws)
Buchalter, April 2020

Compliance with environmental regulations is challenging under the best of circumstances, but the COVID-19 crisis and measures taken in response add a new layer of complexity.  The lack of a consistent message from elected officials and health officers, on the one hand, and from federal and state environmental regulators, on the other, creates a quandary for the business community...

Buchalter Client Alert COVID-19: CMS Temporarily Expands Advanced Payment Program Eligibility
Buchalter, April 2020

“With our nation’s health care providers on the front lines in the fight against COVID-19, dollars and cents shouldn’t be adding to their worries.” - CMS Administrator Seema Verma. During this Public Health Emergency, the Centers for Medicare & Medicaid Services (“CMS”) has expanded its accelerated and advanced payment program (“Program”) to all Medicare-enrolled providers and suppliers (“Providers”)...

Buchalter Client Alert COVID-19: Bay Area Shelter-in-Place Order and Local Government Status
Buchalter, April 2020

  On March 31, seven Bay Area counties issued stricter shelter-in-place orders and extended their effectiveness to at least May 3 (collectively, the “Orders”). As of the morning of April 2, Napa County noted that it will be joining the other Bay Area counties. Solano County extended the effectiveness of its order, but declined to tighten restrictions...

Foreclosure Moratorium Policies in Response to the COVID-19 Pandemic
Lowenstein Sandler LLP, April 2020

In the face of the COVID-19 pandemic and the resulting economic downturn, housing advocates and lawmakers have called for a nationwide moratorium on foreclosures. On March 18, U.S. Department of Housing and Urban Development Secretary Ben Carson authorized the Federal Housing Administration (FHA) to impose an immediate foreclosure moratorium for the next 60 days for single-family homeowners whose mortgages are FHA insured...

SBA Paycheck Protection Program Update: SBA Interim Final Rule
Lowenstein Sandler LLP, April 2020

Certain provisions of the Coronavirus/Covid-19 economic stimulus legislation are subject to the issuance of government regulations and other government action, thus certain details regarding the legislation may be clarified or added. Desperately awaited regulations were issued yesterday in connection with up to $349 billion in Paycheck Protection Program (PPP) loans under the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act)...

The U.S. Patent and Trademark Office Response to COVID-19
Lowenstein Sandler LLP, April 2020

On March 27, President Donald Trump signed into law the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The CARES Act temporarily expands the authority of the Director of the United States Patent and Trademark Office (USPTO) to adjust statutory deadlines during the COVID-19 crisis...

Effects of the Coronavirus on the Right of Residence
Heuking Kühn Lüer Wojtek, April 2020

The COVID-19 virus has a worldwide impact on travel activities, affecting foreigners such as employees of companies intending to travel to Germany as well as those who are already in Germany but are now effectively unable to leave. 1. RESTRICTIONS ON ENTRY AND VISA ISSUANCE The countries of the Schengen area have decided to impose entry restrictions on all non-essential travel from third countries...

European Commission Publishes Guidance on Public Procurement Law
Heuking Kühn Lüer Wojtek, April 2020

On April 1, 2020, the European Commission published a “Guidance on using the public procurement framework in the emergency situation related to the COVID-19 crisis” (Official Journal of the European Union, 2020/C 108 I/01). In particular, the Commission explains various options for awarding public contracts as quickly as possible within the European public procurement framework, which remains unchanged in this respect...

Decisions Related to Antioquia’s Secretary of Mines
Brigard Urrutia, April 2020

The Ministry of Mines and Energy, through Resolution 40115 of 2020, extended until December 31, 2020 the delegation of the inspection function carried out by the department of Antioquia. On the other hand, the Secretary of Mines of Antioquia extended the suspension of some administrative actions until April 13, 2020...

Fitch Downgrades Colombia's Rating to BBB-
Brigard Urrutia, April 2020

According to the report published by Fitch Ratings, the sharp fall in oil and the efforts of the National Government to overcome the COVID-19 pandemic are the main causes of the weakening of the fiscal and economic capacity of the country that has resulted in the rating downgrade from BBB to BBB-, the lowest rating within investment grade...

Superintendence of Finance Orders the Resumption of Terms
Brigard Urrutia, April 2020

The Superintendence of Finance issued resolution 368 of 2020 in which it adopted special measures for the attention of the public and the provision of services by this entity. Through this regulation, the SFC ordered the resumption of terms of all the administrative actions carried out by the SFC, as of April 2, 2020...

Training and Prevention of Service Delivery Staff Due to Covid-19
Brigard Urrutia, April 2020

Employers, contracting companies, enterprises and individuals who use employees, contractors, or people in arrangements of phone or cellphone orders, website orders, mobile apps, digital platform, gig economy, and freelancers, for delivery service or the purchase and delivery of goods and merchandise, must comply with the following prevention and promotional measures: Set appropriate communication channels for notifying suspected cases of Covid-19 to the District, Department or Munici

South Africa: Travel Directions during the National State of Disaster and the National Lockdown
ENSafrica, April 2020

On 26 March 2020, directions were issued by the Minister of Home Affairs pursuant to the regulations published in terms of the Disaster Management Act, 2002 to provide temporary measures in respect of entry into or exit out of South Africa in order to prevent and combat the spread of the coronavirus (COVID-19)...

South Africa: New POPIA/Coronavirus (COVID-19) Guidance Note Issued
ENSafrica, April 2020

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...

Mozambique: Coronavirus (COVID-19) State of Emergency Comes into Effect
ENSafrica, April 2020

A state of emergency, in order to combat the Coronavirus (COVID-19) epidemic, has been imposed in Mozambique, with effect from 1 April 2020. This follows the Presidential Decree issued by President Filipe Nyusi on 30 March 2020 and ratified by the Mozambican Parliament. This unprecedented state of emergency is intended to last until 30 April 2020...

South Africa: Essential Services during Lockdown - Employer FAQs
ENSafrica, April 2020

Following the issuing of what has colloquially been called the “Lockdown Regulations” to reduce the impact of the coronavirus (COVID-19) in South Africa, there has been a hasty scramble for essential services to comply with the provisions of the Regulations and to register on the Essential Services Portal...

COVID-19: Expected Amendments to Labour Code
Cechova & Partners, April 2020

The Government of the Slovak Republic approved on 31 March 2020 further draft bills in connection with the COVID-19 pandemic. One of these is also an act amending the Labour Code[1]and other particular laws in the field of employment and social security. You can find a brief summary on this amendment below...

Let's Talk About Insurance: Are we Covered in COVID-19 Situation?
Nestor Nestor Diculescu Kingston Petersen, April 2020

COVID-19 brought a tremendous disruption of normal daily life/business affecting personal life and businesses alike. People and companies/ institutions alike are in continuous assessment of solutions and compromises to mitigate the impact of the COVID – 19 pandemic. In the context of a continuously evolving environment, we all need to adapt and try to keep control on negative impact...

Supplemental H-2B Rule Placed On Hold
Dykema, April 2020

The USCIS has announced, in a tweet, that its proposed rule that would have authorized up to 35,000 new H-2B visas has been placed on hold and no new visas will be issued due to the economic effects of the COVID-19 pandemic. The tweet states: To clear up various misreporting – DHS’s rule on the H-2B cap is on hold pending review due to present economic circumstances. No additional H-2B visas will be released until further notice...

New Zealand Tax and COVID-19 — New Tax Relief Measures
MinterEllisonRuddWatts, April 2020

The New Zealand government’s new tax measures provide some relief for taxpayers dealing with the effects of COVID-19. However, the global pandemic is causing a number of tax issues that have not yet been addressed. Simon Akozu and Phillip Chrisp of MinterEllisonRuddWatts explain the new tax measures, and flag some potential issues for multinationals that operate in New Zealand to consider...

Serbia Proposes a Set of Economic Measures in Response to the COVID-19 Outbreak
Karanovic & Partners, April 2020

The Government announced on 1 April 2020 its proposal of a Program of economic measures to reduce the negative effects caused by the COVID-19 pandemic and an attempt to support the economy of Serbia, split into four categories...

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...

UPDATED NEW Q&As: Big Questions, and Even Bigger Answers, About the Families First Coronavirus Response Act
Spilman Thomas & Battle, PLLC, April 2020

UPDATED - We have updated several items as clarifications have been made. We will continue to update as more frequently asked questions are posed. 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 published a temporary rule offering its interpretations of the CRA, and the Internal Revenue Service (“IRS”) has established a procedure for claiming the tax credits...

COVID-19: Patent Office Extensions Authorized Through April 30, 2020
Spilman Thomas & Battle, PLLC, April 2020

The Director of the U.S. Patent and Trademark Office on March 31, 2020 signed a notice waiving certain deadlines for patent-related filings, if the missed deadline resulted from situations relating to COVID-19...

Healthcare Providers Can Tap into 100 Billion Relief Fund
Waller, April 2020

In an effort to mitigate the spread of the coronavirus, conserve medical supplies and prepare for and address the surge of COVID-19 patients, hospitals and other healthcare providers took a number of steps in recent weeks, including: delaying or canceling elective and non-emergent procedures, delayed or rescheduled appointments, retrofitted and/or constructed facilities, expanded to previously non-hospital locations, increased purchasing of supplies and, in some cases, closed cli

Think You Can Rely on Pre-Coronavirus Corporate Governance Practices, Think Again
Waller, April 2020

As the COVID-19 pandemic has evolved, and as we noted in our prior blog post regardingvirtual annual meetings, both ISS and Glass Lewis have issued guidance on virtual meetings and annual meeting best practices in response to COVID-19. Pivoting from its focus on annual meetings, Glass Lewis has issued anew releasethat highlights certain key governance areas that they will be paying close attention to in the coming months...

Only One Hour to Read and Determine Responsibilities under the FFCRA A Practical Primer of What Employers Need to Know Now
Waller, April 2020

Introduction On April 1, 2020 — the effective date of the Families First Coronavirus Response Act (FFCRA) — the Department of Labor (DOL) issued “temporary regulations” to interpret and enforce the landmark legislation passed by Congress “to assist working families facing public health emergencies” arising out of the COVID-19 pandemic...

My Bar or Restaurant has Closed for Coronavirus, Now What
Waller, April 2020

On the heels of Gov. Bill Lee’s Safer at Home Order, we are seeing a second wave of restaurant closures. Which begs an important question: Should I let the ABC and local beer board know that my business is closed? Although we have not seen any formal guidance from the ABC or beer boards on temporary corona closures, we do not expect any citations to issue for closed restaurants, bars, hotels and other licensed establishments...

A Crash Course in What's New in the US Department of Labors Temporary FFCRA Regulations
Waller, April 2020

On April 1, 2020—the effective date of the Families First Coronavirus Response Act (FFCRA)—the U.S. Department of Labor (DOL) issued temporary regulations to interpret and enforce the landmark legislation passed by Congress “to assist working families facing public health emergencies” arising out of the COVID-19 pandemic...

“Cura Italia” Decree - Measures to Support Liquidity Through the Banking System
Gianni, Origoni, Grippo, Cappelli & Partners, April 2020

1. Introduction The Law Decree n. 18 of 17 March 2020 (the so-called "Cura Italia" Decree, the "Decree"), providing "Measures to strengthen the national healthcare system and to economically support households, workers and enterprises in the context of the COVID-19 epidemiological emergency" has been published on the Official Gazette of the Republic of Italy no. 701 of 17 March 2020. The Decree covers mainly the following four areas of intervention: a...

COVID-19 Emergency: Extension of Lockdown Measures until 13 April 2020
Gianni, Origoni, Grippo, Cappelli & Partners, April 2020

On 1 April the Prime Minister adopted a new decree (the “1 April Decree”) to extend the lockdown measures previously introduced through the decrees issues on 8 March, 9 March, 11 March and 22 March 2020...

HB 4925 Allows Interscholastic Participation of Home School Students
Dinsmore & Shohl LLP, April 2020

On March 25, 2020, Governor Jim Justice signed into law House Bill 4925, which will take effect June 2, 2020. HB 4925 (W. Va. Code 18-2-25) provides that any student receiving home instruction pursuant to W. Va. Code 18-8-1(c), for at least one year proceeding the year proposing to be eligible, shall be eligible for participation in interscholastic athletic events and other extracurricular activities of public secondary schools serving the attendance zone in which the student lives...

CARES Act Offers Social Security Tax Deferral and Tax Credit for Certain Employers Hurt by the COVID-19 Pandemic
Dinsmore & Shohl LLP, April 2020

Section 2301 of the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) (H.R. 748) offers a refundable credit against an eligible employer’s share of Social Security payroll taxes (6...

COVID-19: Top Ten Issues for Employers Considering Layoffs, Furloughs or Reduction in Hours
Hanson Bridgett LLP, April 2020

As private and governmental employers cope with reduced revenues and other significant effects of the COVID-19 pandemic, many are considering whether to lay off or furlough employees, or reduce employees’ hours...

IRS Form Released for Advance Payments of COVID-19 Payroll Tax Credits
Hanson Bridgett LLP, April 2020

On March 31, 2020, the IRS issued Form 7200 Advance Payment of Employer Tax Credits Due to COVID-19 and instructions for eligible employers to claim advance payments of refundable payroll tax credits related to COVID-19...

UPDATE: An Employer's Guide in the Face of COVID-19 Pandemic
Pellerano & Herrera, April 2020

On March 12, 2020, in view that the World Health Organization (WHO) declared Covid-19 as a Pandemic, we published a Guide for employer including different scenarios that may occur in the labor aspect. After its publication, the governmental authorities have adopted various measures related to labor matters aimed to prevent the spread of the virus and to secure employment...

Keep Calm ... and Investigate Rumors LP Default Risk and Fund Finance 2.0
Haynes and Boone, LLP, April 2020

During the Great Recession, fund finance professionals spent a lot of time analyzing and speculating about the impact of the financial crisis on fundraising, the potential for the failure of limited partners to honor their capital contribution obligations to funds, and the strength of facility structures and documentation. That makes the current scene familiar to many of us...

CMS Continues to Make Sweeping Regulatory Changes to Facilitate COVID-19 Response
Haynes and Boone, LLP, April 2020

Federal and state agencies continue to deliver tools and information to help healthcare providers respond to the COVID-19 pandemic since the President declared the COVID-19 outbreak a national emergency. The declaration gave the Secretary of the U.S. Department of Health and Human Services (“HHS”) authority to temporarily waive or modify certain requirements of federal healthcare programs...

Treasury Releases Guidance on CARES Act Relief to Airlines and Aviation Workers
Haynes and Boone, LLP, April 2020

On March 30, 2020, the Department of the Treasury published guidelines and procedures for passenger and cargo air carriers (together, “Air Carriers”) seeking relief under the recently passed Coronavirus Aid, Relief and Economic Security (CARES) Act...

What Franchise and Hospitality Companies Should Know! A Guide to CARES and Other Relief Programs
Haynes and Boone, LLP, April 2020

The Coronavirus pandemic is impacting every business sector across the globe. Many new resources, however, including the new Coronavirus Aid, Relief, and Economic Security (CARES) Act, provide franchise and hospitality businesses with opportunities for relief. The following information is intended to aid franchise and hospitality companies in understanding options available to them during this time...

Buchalter Client Alert COVID-19: COVID-19 and Intellectual Property Law – UPDATED
Buchalter, April 2020

On Friday, March 27, 2020, the CARES ACT was signed into law.  The Cares Act includes provisions for changing deadlines for patents, trademarks, and copyrights.  For patents and trademarks, the Act permits the Under Secretary of Commerce for Intellectual Property and the Director of the United States Patent and Trademark Office to change the deadlines imposed by Title 35 of the United States Code, the Trademark Act, Section 18 of the Leahy-Smith America Invents Act...

The Revival of TALF–TALF 2020 (or TALF 2.0)
Lowenstein Sandler LLP, April 2020

In response to the current credit crisis triggered by the COVID-19 pandemic, on March 23, the Federal Reserve Bank of New York (the Federal Reserve) revived the Term Asset-Backed Securities Loan Facility (TALF) first established in 2008. TALF was created to increase consumer access to business and consumer loans by providing a source of liquidity for certain newly issued asset-backed securities (ABS) backed by such loans...

Measures Established for FNG Strengthening
Brigard Urrutia, April 2020

The Ministry of Finance and Public Credit issued Legislative Decree 492 of 2020, which establishes measures for the strengthening of the National Guarantee Fund (FNG) and makes provisions for resources, within the framework of Decree 417 of 2020 which declared the Economic, Social and Ecological Emergency...

COVID-19 Webinar Series: IT, Cybersecurity, and Privacy Impacts on Remote Work Webinar Recording
Bradley Arant Boult Cummings LLP, April 2020

In the wake of COVID-19, cities, counties and states across the nation are issuing “shelter in place” orders to curb nonessential movement of residents, and companies around the world are moving to a remote work system. This webinar focuses on IT, cybersecurity, and privacy issues that may impact businesses that are located in “shelter-in-place” jurisdictions...

South Africa: Coronavirus (COVID-19) - VAT Relief Extension of the Prescribed Periods for the Exportation of Goods
ENSafrica, April 2020

In keeping with the promise of government to introduce fiscal measures to address the negative impact of the Coronavirus (COVID-19) pandemic on business, the South African Revenue Service (“SARS”) released Binding General Ruling (VAT) 52 (“BGR 52”), dated 27 March 2020, that extends the prescribed time periods relating to the exportation of movable goods from South Africa...

South Africa: Litigating during the National State of Disaster
ENSafrica, April 2020

Since the declaration of the national state of disaster in South Africa in response to the coronavirus (COVID-19) outbreak, it has been anything but “business as usual” for most professionals. This is equally true for legal practitioners trying to navigate the directives regarding litigation and court process during the national state of disaster...

South Africa: Inevitable Litigation on the Rise as a Result of the Disaster Management Act Regulations
ENSafrica, April 2020

In response to the Coronavirus (COVID-19) pandemic, the South African Government has implemented various statutory measures to prevent the potential spread of the disease, and to limit, contain and minimise the risk of exposure of persons within the country...

Mauritius: Measures for the Informal Sector during the Coronavirus (COVID-19)
ENSafrica, April 2020

Following our previous ENSight on the assistance scheme announced by the Mauritian Prime Minister, the government has decided to extend its scheme to the informal sector and take general measures aiming to facilitate the life of everyone during this crisis. Self-employed individuals Government has offered, to self-employed individuals, financial support amounting to half of the guaranteed income for the period between 16 March 2020 to 15 April 2020...

South Africa: Environmental Processes and Laws in the National State of Disaster
ENSafrica, April 2020

On 31 March 2020, the Department of Environment, Forestry and Fisheries (“DEFF”) published directions (the “Directions”) under the National Disaster Management Act, 2002, to reduce the impact of the coronavirus (COVID-19). The purpose of the Directions is to ensure fair processes with respect to certain environmental laws, as a result of the restrictions placed on the movement of people during the lockdown period...

South Africa: Coronavirus (COVID-19) VAT Relief on the Importation of "Essential Goods"
ENSafrica, April 2020

On 27 March 2020, the South African Revenue (“SARS”) announced much needed value-added tax (“VAT”) relief on the importation of “essential goods” as part of the coronavirus (COVID-19) tax relief measures. Section 7(1)(b) of the Value-Added Tax Act, 1991 (“VAT Act”) imposes VAT on the importation of any goods into South Africa by any person. In terms of section 7(1), VAT is imposed at the standard rate of 15%...

COVID-19 - Indian IP Offices Functioning
Kochhar & Co. Advocates & Legal Consultants, April 2020

The Indian Government has announced a full nationwide lockdown for three weeks (until April 14, 2020) in order to contain the spread of Covid-19. Accordingly, the Indian Trade Marks Registry, Patents and Design Office have been closed till April 15, 2020. Nevertheless, the online filing portal of Indian IP offices is operational. All deadlines falling till April 15, 2020 will become due on the day when the IP offices re-open...

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...

Corona Info: The Legislator Acts, Summarized 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...

Recent Changes to the Legislative Framework Relating to the Emergency State
Nestor Nestor Diculescu Kingston Petersen, April 2020

On 27th March 2020, the Ministry of Internal Affairs has posted for public consultation a draft emergency government ordinance envisaged to amend the Emergency Government Ordinance no. 1/1999 relating to the emergency state (“EGO 1/1999”). EGO 1/1999 is the basis on which the presidential decree approving the emergency state was issued on 16thMarch 2020...

Relief for Employers During COVID-19 Epidemic
Afridi & Angell, April 2020

Many employers are facing diminishing revenues during the current Covid-19 epidemic. Many of those employers also face the need to reduce overhead. To provide some relief for employers, the Minister of Human Resources and Emiratisation promulgated Ministerial Resolution No. 279 of 2020 (the “Resolution”) on Employment Stability in Private Sector during the Period of Application of Precautionary Measures to Curb the Spread of Novel Coronavirus...

Summary of the Statement of the European Data Protection Board on the Processing of Personal Data in the Context of the Pandemic
Szecskay Attorneys at Law, April 2020

With respect to the situation caused by the pandemic and its possible data protection impacts, please find below a summary of the statement of the European Data Protection Board (EDPB) on the processing of personal data in the context of the COVID-19 outbreak, issued on 19 March 2020. The EDPB starts by emphasizing that “[d]ata protection rules (such as the GDPR) do not hinder measures taken in the fight against the coronavirus pandemic...

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...

Modifications to Mexican Official Standard for Labeling for Pre-Packaged Food
Basham, Ringe y Correa, S.C., April 2020

Due to the reforms and additions to the General Health Act in matters of obesity and labeling of food and non-alcoholic beverages setting a frontal warning system, published in the Federal Official Gazette (Spanish Acronym - DOF) on November 8, 2019...

Mexico's Antitrust Regulatory Agency Issues a Warning to the National Sugar And Alcohol Industry Trade Association due to an Increase in the Price of Alcohol and its By-Products
Basham, Ringe y Correa, S.C., April 2020

The Federal Economic Competition Commission (COFECE - Spanish initials) issued a press release on March 30, 2020, regarding a warning issued to the National Sugar and Alcohol Industry Trade Association (CNIAA - Spanish initials). In this press release, several members of said industry group, due to an increase in the price of pure alcohol, its-by-products, and some inputs used in its production, such as molasses...

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...

COVID-19 "Antivirus Programme" – Key Financial Assistance for Employers in the Czech Republic- Part I
Kocian Solc Balastik, April 2020

Are you considering how to maintain employment of your employees and minimize economic losses? Take a look at what financial instruments the state has prepared for entrepreneurs whose employees have been affected, directly or indirectly, by government measures taken to combat coronavirus...

COVID-19 - "Antivirus Programme" - Key Financial Assistance for Employers in the Czech Republic - Part II
Kocian Solc Balastik, April 2020

(continuation from Part I - separate article) Part II - "Antivirus Programme" - Financial Assistance to Czech Employers   The Ministry of Labour and Social Affairs was mandated by the Government to further prepare a compensation program for entrepreneurs who continue to operate but whose production has decreased due to measures (category C of the Antivirus Programme)...

USCIS Extends Office Closures Until May 4, 2020
Dykema, April 2020

The USCIS has announced it will extend its suspension of in-person services at its field offices, asylum offices, and application support centers (ASCs) until May 4, 2020. It has also indicated it may extend these closures beyond that date if needed. USCIS will continue to provide limited emergency services during these closures...

Treasury Department Releases Preliminary PPP Guidance and Application
Dykema, April 2020

On March 31, 2020, the U.S. Department of the Treasury, which is supporting the U.S. Small Business Administration (SBA) in administering the Paycheck Protection Program (PPP), and SBA issued preliminary guidance on the program and made available the form of application...

Food Law and Safety During COVID-19
Dykema, April 2020

The coronavirus pandemic has impacted the food industry, just as it has many others. The good news is that food-to-person transmission of the disease does not seem to be a risk. The challenge remains keeping workers safe from airborne and surface transmission. However, the FDA and the USDA have provided guidance and recommendations to food producers to deal with COVID-19, links to which have been provided below. The guidance focuses on stopping the person-to-person spread of the disease...

Updated FDA COVID-19 Guidance for Conduct of Clinical Trials
Verrill, April 2020

On March 27, 2020, the U.S. Food & Drug Administration (“FDA”) updated its prior guidance on the “Conduct of Clinical Trials of Medical Products during COVID-19 Pandemic,” with an appendix adding a series of questions and answers (“Q&A”)...

GCC E-Alert
Gianni, Origoni, Grippo, Cappelli & Partners, April 2020

In times such as these, it is important to get the best available legal information and advice and remember that not all information and advice will be applicable to a particular situation or contract. Many businesses in the United Arab Emirates (the UAE) and the countries of the Gulf Cooperation Council (the GCC) are wondering what to do with respect to their obligations or those of their cocontracting parties...

How to Document Leave Requests and Tax Credits Under the FFRCA
Waller, April 2020

While the Families First Act creates paid leave obligations for smaller employers, companies are able to apply for relief through applicable tax credits. Here's how to do it: Employers eligible for tax credits for paid leave provided under the FFCRA can report their total qualified leave wages and the related credits for each quarter on their federal employment tax returns, usually Form 941: Employer’s Quarterly Federal Tax Return...

Bankruptcy Alternatives for Marijuana-Related Companies
Waller, April 2020

Chapter 11 of the United States Bankruptcy Code (the “Bankruptcy Code”) is intended to give a debtor time and ability to restructure its balance sheet and business or to liquidate its assets responsibly in order to maximize recoveries of creditors. The Bankruptcy Code has the added benefit of the automatic stay, which generally prevents collection actions or actions to exercise rights and remedies against the debtor’s assets during the pendency of the bankruptcy case...

Real World Ethics Considerations in the Era of the Coronavirus COVID-19
Waller, April 2020

The Department of Health and Human Services recently released a letter that stated that using a single ventilator for two patients should be considered “an absolute last resort.” Of course, this statement assumes that a ventilator exists in the first place, and it says nothing about how to deal with several more than two patients needing the same ventilator. This, however, is only the tip of proverbial iceberg...

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...

CEQA Update: No Change to Administrative Deadlines, Noticing, or Filing Requirements Following Governor Newsom's 'Stay at Home' Order
Hanson Bridgett LLP, April 2020

On March 24, 2020, the California Governor’s Office of Planning and Research (“OPR”) announced that “[a]t this time, there has been no change to the deadlines, noticing, or filing requirements contained within CEQA.” OPR also announced that the California State Clearinghouse, the office that coordinates state-level review of CEQA documents, will be operating every weekday between 9:00 a.m. and 4:00 p.m...

UPDATE: CARES Act: Paycheck Protection Loans and Eligibility for Loan Forgiveness
Hanson Bridgett LLP, April 2020

Last Friday, March 27, we published CARES Act: Paycheck Protection Loans and Eligibility for Loan Forgiveness. This alert is intended to provide an update concerning implementation of the Paycheck Protection Loan application process. The SBA has posted a Paycheck Protection Application Form on its website. Since the loans will be funded by private SBA lenders, and guaranteed by the SBA, most borrowers are lining up with private SBA lenders now...

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)...

New York Department of Financial Services Clarifies Executive Order on Consumer Forbearance
Haynes and Boone, LLP, April 2020

Last week, we reported on Executive Order No. 202.9 issued by Governor Cuomo, and some of the important questions posed by that Executive Order. We suggested that the implementing regulations by the NYS Department of Financial Services (the “DFS”) would likely clarify these points, and this has turned out to be the case. On March 24, implementing regulations were released by the Superintendent of Financial Services, Linda A...

Environmental Compliance in the Coronavirus Era
Haynes and Boone, LLP, April 2020

Many regulated entities are struggling to comply with certain environmental reporting, monitoring and settlement agreement requirements because of the impact of shelter in place orders, supply chain disruptions, and social distancing requirements relating to the COVID-19 pandemic response...

Call for Creatives: United Nations Opens Submission Process for COVID-19 Messaging Work
Haynes and Boone, LLP, April 2020

The United Nations has issued a “Global Call to Creatives” (the “Call”) asking content creators, influencers, advertisers, and others to help in translating public health messages “into work that will engage and inform people across different cultures, languages, communities and platforms...

CFTC Provides Final Guidance on Actual Delivery of Digital Assets
Haynes and Boone, LLP, April 2020

On March 24, 2020, the Commodity Futures Trading Commission (“CFTC” or the “Commission”) unanimously approved its final interpretive guidance (“Final Guidance”) regarding retail commodity transactions involving certain digital assets...

An Overview of the Midsize Business Loan Program under Title IV of the CARES Act
Haynes and Boone, LLP, April 2020

In response to the Coronavirus pandemic, the President signed H.R. 748, known as the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act on March 27, 2020. The bill provides more than $2 trillion of aid to individuals and the public and private sector...

Treasury Department and SBA Provide Preliminary Guidance and Sample Application for Paycheck Protection Program Loans
Haynes and Boone, LLP, April 2020

On March 31, 2020, the Treasury Department and Small Business Administration (“SBA”) released initial guidance and a sample application form for the Paycheck Protection Program (“PPP”), the small business loan program established pursuant to theCoronavirus Aid, Relief, and Economic Security (“CARES”) Act signed by President Trump on March 27, 2020...

SBA Announces Terms of Paycheck Protection Program
Hunton Andrews Kurth LLP, April 2020

SBA Announces Terms of Paycheck Protection Program On March 27, 2020, the President signed into law an amended version of H.R. 748, the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act” or “Bill”), a “Phase III” coronavirus economic stimulus package. On March 31, 2020 the Department of Treasury (the “UST”) published further guidance on the CARES Act...

COVID-19: CARES Act Offers No Specific Relief to Nonimmigrant Workers, But May Help Them Anyway
Hunton Andrews Kurth LLP, April 2020

  President Trump signed the eagerly awaited Coronavirus Aid, Relief, and Economic Security (CARES) Act on March 27, 2020. What does it mean for people who are affected by COVID-19 and living here on work-authorized visas? They, like their colleagues who are US citizens and permanent residents, have also been furloughed without pay, laid off, and affected by university closures...

NLRB General Counsel Releases Emergency Bargaining Case Summaries
Hunton Andrews Kurth LLP, April 2020

An employer’s duty to bargain may change during emergency situations, and the General Counsel for the National Labor Relations Board released a series of case summaries Friday to help employers navigate the exceptions. General Counsel Peter Robb summarized nine Board cases addressing both general public emergencies and emergencies particular to individual employers...

German DPA Guidance on Employee Data Protection and COVID-19 Issues
Hunton Andrews Kurth LLP, April 2020

The Conference of German Data Protection Authorities (“DSK”), the body of the federal and state Data Protection Authorities (“DPAs”) in Germany, recently issued joint recommendations regarding employers’ processing of employee personal data in the context of the coronavirus (“COVID-19”) pandemic. The DSK makes it clear that data protection does not hinder measures to fight COVID-19...

When Financial Stress Turns to Distress–Restructuring Tools to Avoid Disaster Parts 1 and 2: Chapter 11 Checklist and What Else Is in the Toolbox
Lowenstein Sandler LLP, April 2020

When Financial Stress Turns to Distress–Restructuring Tools to Avoid Disaster Parts 1 and 2: Chapter 11 Checklist and What Else Is in the Toolbox In this Client Alert series, Lowenstein’s Bankruptcy, Financial Reorganization & Creditors’ Rights Department will introduce the various restructuring tools available to help businesses avoid financial catastrophe in the current environment...

ANM and ANH Extended Suspensions of Administrative Activities
Brigard Urrutia, April 2020

The National Mining Agency ("ANM") and the National Hydrocarbons Agency ("ANH") published resolutions by means of which they extended the suspensions of some of their activities during the preventive isolation decreed by the National Government. First, the ANM published the Resolution No. 116 of 2020, by means of which it extended until April 12, the suspensions set forth in its Resolution 096 of 2020...

Quality and Continuity of the Aqueduct, Sewerage and Waste Utilities
Brigard Urrutia, April 2020

In response to the State of Health Emergency, and the State of Economic, Cultural and Ecological Emergency, issued by the National Government, the Public Utilities Superintendence mentions that the events of climate variability can threaten the provision of public water utility by reducing water resources...

CREG Resolution 038 of 2020
Brigard Urrutia, April 2020

The mechanism to carry out the commercialization of the increased availability of LPG from the Cusiana source...

Publication of Amendments to the MPRDA Regulations for Implementation
ENSafrica, April 2020

On 27 March 2020, the Minister of Mineral Resources and Energy (the “Minister”) published the Amendments to the Mineral and Petroleum Resources Development Regulations (“MPRDA Regulations”) for implementation under GNR.420 inGovernment Gazette43127 (the “Amended Regulations”)...

New Extension of Deadlines for Compliance with the Tax Obligations is Established as a Result of the Extension of the Declaration of National Emergency
Rodrigo, Elias & Medrano Abogados, April 2020

New extension of deadlines for compliance with the tax obligations is established as a result of the extension of the declaration of national emergency Due to the extension of the State of National Emergency until April 12, 2020, through Superintendence Resolution No. 065-2020/SUNAT published on March 30, 2020, new expiration dates are established for certain tax obligations: A...

Tax Alert - March 2020
Rodrigo, Elias & Medrano Abogados, April 2020

Default interest rates on tax debts and refunds are lowered.- Through Superintendency Resolution No. 066-2020/SUNAT, published on March 31, 2020, the following is established from April 1, 2020: i) The default interest rates (TIM) on tax debts in national currency will be 1% per month; and in foreign currency, it will be 0.50% per month. ii) The interest rate for reimbursement in national currency made for undue or excess payments will be 0.42% per month...

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...

COVID-19: What Should Employers Take into Account During the Non-Working Week and General Self-Isolation Regime?
ALRUD Law Firm, March 2020

The Ministry of Labour and Social Protection of the Russian Federation published, on its website, Recommendations (and Additions to them) for employees and employers, in connection with the decree of the President of the Russian Federation of 25.03.2020 No. 206 “On declaring non-working days in the Russian Federation”...

NZX Announces Additional Class Waiver and Ruling in Response to COVID-19
MinterEllisonRuddWatts, March 2020

On 26 March, NZX Regulation announced an additional class waiver and ruling for issuers in response to the challenges posed by COVID-19. This follows two previous waivers announced earlier in the month. The NZX’s media release is available here.   Who needs to read it? Why? The NZX’s announcement will be of interest to all listed issuers, particularly those considering their capital raising needs in the coming months...

How Insurance Companies Failure to Exclude Business Interruption Losses Caused by COVID-19 Impacts your Coverage
Waller, March 2020

Commentators and lawyers continue to make blanket statements regarding lack of business interruption coverage for losses caused by the novel coronavirus (COVID-19). They contend that coronavirus-related losses cannot satisfy the “direct physical loss of or damage to [covered] property” language contained in many policies to trigger coverage in the first place...

Federal Reserve Policies in Response to COVID-19
Waller, March 2020

The Board of Governors of the Federal Reserve System (the “Fed”) has implemented monetary policy and federal programs in response to COVID-19. The policies and programs primarily affect financial institutions in the business of lending, but an understanding of the policies will aid all borrowers in knowing the constraints of their lenders and the process by which they will receive funds...

CMS Adopts Greater Regulatory Flexibility Amid COVID-19 Outbreak
Waller, March 2020

On March 30th, the Centers for Medicare and Medicaid Services (CMS) announced a number of regulatory reforms aimed at giving healthcare providers more tools to combat COVID-19...

Section 4003 of the CARES Act Emergency Relief and Taxpayer Protections
Waller, March 2020

Pursuant to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), $500 billion of emergency relief has been allocated to be used at the discretion of the Secretary of the Treasury (the “Secretary”) to make loans, loan guarantees, and other investments in support of eligible businesses, states and municipalities...

Despite the Pandemic, the National Appeal Chamber Can (and Must) Function
Wardynski & Partners, March 2020

In Poland, the National Appeal Chamber upholds the effectiveness of the rules guaranteeing transparent and non-discriminatory access to public procurement contracts within the EU. Member states are required to ensure contractors the consideration of review procedures concerning the award of public contracts, as is clear from the Remedies Directive. The task of the National Appeal Chamber (KIO) is to effectively and quickly eliminate infringements in public procurement cases...

Digitalisation Against the Crisis
Wardynski & Partners, March 2020

Public procurement is one of the biggest driving forces of the economy. Contract performance during the epidemic may be impeded, but ongoing public procurement proceedings should not be stopped just because people are currently working mainly at home...

Cancellation Due to Pandemic: Are Passengers Entitled to Compensation?
Wardynski & Partners, March 2020

Since 15 March 2020, Poland has had aban on civil aircraft landing on international passenger flights. Since 16 March, domestic passenger flights have also been banned, except for flights in the public or state interest. Dopassengers whose flights have been cancelled as aresult of this ban have the right to compensation from the air carriers that were to operate those flights? Right to compensation for cancelled flights Under Art...

M&A Transactions in the Face of the Coronavirus
Wardynski & Partners, March 2020

M&A deals are one of the tools for pursuing business. For some they are amethod for expanding their scale of operations or generating synergies, and for others allow them to exit investments or raise capital. Thus the turbulence now felt by businesses is impacting their activity in the M&A market. While refraining from evaluating the economic impacts of the current situation, we focus on analysing selected legal aspects...

Performance of contracts in epidemic conditions
Wardynski & Partners, March 2020

Even such unusual circumstances as apandemic donot overthrow the general principle that contracts should be performed (pacta sunt servanda). But this does not mean that the current situation has no impact on the substance or performance of contractual obligations. Two main situations should be considered here: As aresult of the circumstances, performance of acontractual obligation has become impossible...

Current Scope of COVID-19 in the Insurance Market
Carey, March 2020

From a commercial perspective, the main challenge for insurance companies and insureds has been to determine whether events such as pandemics, epidemics, economic losses due to quarantines, etc. in connection with Covid-19 are covered or not by their insurance policies...

Frequently Asked Question about Labor Law in Times of COVID-19
Carey, March 2020

I. Payment of remunerations by Employers to employees not rendering services Employees subject to medical leave : Normally, the employer is not required to pay remuneration. The employee should receive a subsidy from the relevant health institution...

Measures Regarding Basic Services in the Face of COVID-19
Carey, March 2020

On 27 March 2020, the Chilean Government announced that the Ministry of Energy reached an agreement with power distributors to roll out a contingency plan that helps Chilean households pay the electricity bills during the State of Catastrophe...

Measures Taken by the Chilean National Customs Service Regarding COVID-19
Carey, March 2020

Considering the Covid-19 pandemic and Chile's declaration of a State of Catastrophe, the National Customs Service ("Servicio Nacional de Aduanas," SNA) has issued certain regulation to facilitate electronic foreign and domestic trade operations and to protect the health of people involved in its operations. Regulations currently in force and effect: A. Circular Letter No...

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...

COVID-19 Labor and Employment Update (March 30, 2020)
Basham, Ringe y Correa, S.C., March 2020

In the evening edition of the Federation’s Official Gazette of March 30, 2020, the General Health Council issued a resolution by which declared the epidemic caused by CoV2 (COVID-19) as a sanitary emergency due to force majeure...

Delayed Effective Date for Revised Control Framework Under BHC Act
Waller, March 2020

On March 31, the Federal Reserve Board announced that it will delay for six months the effective date (from April 1, 2020 to September 30, 2020) for its revised control framework for determining when a company controls a bank, and vice versa, for purposes of the Bank Holding Company Act (referred to as the “BHC Act”)...

CMS Adopts Geater Regulatory Flexibility Amid COVID-19 Outbreak
Waller, March 2020

On March 30th, the Centers for Medicare and Medicaid Services (CMS) announced a number of regulatory reforms aimed at giving healthcare providers more tools to combat COVID-19...

Treasury Amps Up the Relief in Notice 2020-20 for Gift and GST Taxes
Dykema, March 2020

On Friday, March 27, 2020, the U.S. Department of the Treasury issued Notice 2020-20, which postpones the filing and payment deadline for any taxpayer who is required to file Form 709 (U.S. Gift and Generation-Skipping Transfer Tax Return) or who has Federal gift or generation-skipping transfer tax payments due on April 15, 2020...

Coronavirus: Impact on the Operation of Pharmacies
PLMJ, March 2020

Faced with the COVID-19 pandemic, the Portuguese National Authority for Medicines and Healthcare Products (“INFARMED”) and the Directorate-General for Health (“DGS”) have issued guidelines for pharmacies. These guidelines address, in particular, the way pharmacies operate and manage medicines...

Antitrust Law and Corona (COVID-19) - Unclear Signals from the Antitrust Authorities
Heuking Kühn Lüer Wojtek, March 2020

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...

Coronavirus: FAQ Employment Law Part 3
Heuking Kühn Lüer Wojtek, March 2020

A. SHORT-TIME WORKING ALLOWANCE REGULATION 1...

State Support for Businesses
Heuking Kühn Lüer Wojtek, March 2020

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...

COVID-19: Do Your Employees Qualify for Emergency Paid Sick Leave or Emergency FMLA Extension?
Dinsmore & Shohl LLP, March 2020

President Donald Trump signed the Families First Coronavirus Response Act (“FFCRA”), which will become effective on April 1, 2020 and expire on December 31, 2020. It includes guidance on which employees of private companies qualify for paid sick leave and Emergency FMLA Expansion to care for themselves and/or loved ones during the COVID-19 Pandemic. To discern if your employees qualify, please consult the flow chart below...

340B COVID-19 Updates: HRSA COVID-19 Resources and Regulatory Flexibility
Dinsmore & Shohl LLP, March 2020

As U.S. hospitals and health clinics continue preparing for novel coronavirus (COVID-19) patient surges, federal regulatory agencies are developing resources to help health care providers comply with myriad regulatory requirements. In this context, the U.S...

Disclosing COVID-19 Patient Information to Law Enforcement, First Responders, and Public Health Agencies
Dinsmore & Shohl LLP, March 2020

In an effort to streamline the provision of COVID-19 patients’ Protected Health Information (PHI) to public health authorities, the United States Department of Health and Human Services Office for Civil Rights (OCR) recently published practical guidance explaining the methods by which Health Insurance Portability and Accountability Act (HIPAA) Covered Entities may disclose COVID-19 patient PHI to law enforcement, first responders, and public health authorities...

Bank Guide to CARES Act SBA Lending Program
Dinsmore & Shohl LLP, March 2020

A quick legal reference for banks supporting small businesses Section 1 Section 2 Section 3 The Coronavirus Aid, Relief, Economic Security (CARES) Act signed into law by President Donald Trump on March 27, 2020, contains significant relief for small businesses affected by the national emergency declaration related to the COVID-19 pandemic and the aggressive actions taken by state governments across the nation to combat the spread of the virus...

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...

COVID-19 and CCPA: No Delay in Enforcement
Hanson Bridgett LLP, March 2020

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...

Texas PUC Issues Three Orders in Response to COVID-19 to Assist Residential Ratepayers
Haynes and Boone, LLP, March 2020

The Public Utility Commission of Texas (PUCT or Commission) issued three orders on March 26, 2020, establishing a new COVID-19 Electricity Relief Program for residential customers and modifying certain regulatory requirements applicable to retail electric providers (REPs) and electric utilities, including transmission and distribution utilities (TDUs)...

Business Tax Provisions in the Coronavirus Aid, Relief and Economic Security Act (CARES Act)
Haynes and Boone, LLP, March 2020

On March 27, 2020, Congress passed the Coronavirus Aid, Relief and Economic Security Act (the “CARES Act”). This historic $2 trillion relief package received bipartisan support and is part of the third wave of federal government support as the nation copes with the acute economic fallout from the coronavirus (COVID-19) pandemic. The CARES Act, among other things, aims to provide significant aid to businesses and employees...

Employee Benefits/Executive Compensation Changes Made by the CARES Act
Haynes and Boone, LLP, March 2020

Employee Benefits Newsletter March 31, 2020 Authored by: Alexis Blair, Cathy Currie, Kirsten Garcia, Jesse Gelsomini, Brian Giovannini, Tyler Hubert, Chris Kang, Charles Plenge, Scott Thompson, Tiffany Walker, and Susan Wetzel EMPLOYEE BENEFIT/EXECUTIVE COMPENSATION CHANGES MADE BY THE CARES ACT On March 27, 2020, Congress passed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”)...

COVID 19: How the Changed FIRB Rules Affect the Australian Competition and Consumer Commission (ACCC) and the Australian Taxation Office (ATO)
MinterEllison, March 2020

As a result of the COVID-19 changes to foreign investment in Australia announced on Sunday, investors that are now caught by the Foreign Investment Review Board (FIRB) regime will also be subject to scrutiny from other regulators. Our team explains what this means for investors and what they can do to manage this process...

The Coronavirus has Serious Consequences for the Swiss Economy
Walder Wyss Ltd., March 2020

Tourism and event industries are suffering and it is expected that manufacturing enterprises will soon be affected as well. Short-time work can provide a remedy and reduce the economic consequences of the coronavirus for employers and employees...

Ordering Home Office – The Employer’s Toolkit under Exceptional Circumstances
Walder Wyss Ltd., March 2020

Due to the increasing spread of the coronavirus, numerous companies in Switzerland have already ordered home office work for their employees. This article addresses, inter alia, the question of whether employers can unilaterally order home office work in the current situation and what  consequences this might have. Read the entire article below...

Due to COVID-19, the Swiss Institute of Intellectual Property Suspends Most of the Deadlines until 20 April 2020
Walder Wyss Ltd., March 2020

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...

Guidelines on Shareholders’ Meetings under COVID-19 Ordinance 2
Walder Wyss Ltd., March 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...

COVID-19 Cyber Fraud and Scams
Walder Wyss Ltd., March 2020

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...

What Actions Should Companies Take to Secure Cyber Insurance Coverage for Losses Related to Cyber Incidents in the COVID-19 Landscape?
Lowenstein Sandler LLP, March 2020

As companies scramble to respond to the COVID-19 pandemic, one area that may not, but should, be on their radar is the terms and coverage provided by their cyber insurance policies. Certainly COVID-19 is not a computer virus, but it has drastically affected businesses’ reliance on technology to keep operating. With increased dependence, though, comes increased vulnerability...

Potential Consequences to Mortgage Servicers of COVID-19 Delinquencies and Expanded Forbearance Programs–March 31 Update
Lowenstein Sandler LLP, March 2020

In response to the challenges posed to U.S. mortgage borrowers as a result of the COVID-19 pandemic, Freddie Mac, Fannie Mae, and the Department of Housing and Urban Development (HUD), including the Federal Housing Administration (FHA), have expanded their forbearance programs for those who have lost income due to the pandemic. Other private lenders followed suit and more are expected to do so...

ANH: Documents to Face COVID-19 and the Fall in Crude Oil Prices
Brigard Urrutia, March 2020

ANH published an Addendum to the PPAA and the draft agreement on measures to strengthen the sector. The National Hydrocarbons Agency ("ANH") joins the emergency measures adopted by the National Government to face the health contingency due to the propagation of COVID-19 and the international fall in oil prices...

Suspension of Activities in the Mining and Energy Sector
Brigard Urrutia, March 2020

The mining and energy sector, through its competent authorities, joins the National Government's contingency measures to prevent and mitigate the spread of COVID-19. The measures adopted correspond mainly to the suspension of specific activities that require on-site attention and the suspension of procedural terms for particular requirements and situations...

Changes in the Cultural Sector
Brigard Urrutia, March 2020

The Ministry of Culture issued Decree 475, 2020, to amend the cultural sector’s conditions due to coronavirus. Due to the health crisis, the Ministry of Culture issued Decree 475, 2020, to amend the payment conditions of the pro-culture stamp duty, the contribution to public shows and the film development fee are modified. According to Decree 475, 2020, Governors and Mayors must transfer 20% of the culture stamp duty for the social security of creators and cultural managers...

IDU Suspended Contracts, Agreements and Supervision Contracts
Brigard Urrutia, March 2020

Through Resolution 2782, the Institute of Urban Development - IDU ordered suspension of contracts and agreements with certain exceptions. Through Resolution 2782 of March 24, 2020, and given the health emergency generated by Covid-19, the General Director of the Institute of Urban Development - IDU ordered the suspension of: (i) Road infrastructure civil work contracts in Bogotá D.C, with the following exceptions: Attending emergency situations due to nature events...

South Africa: COVID-19 tax relief measures
ENSafrica, March 2020

On Monday, 23 March 2020, the President of South Africa announced a 21-day nationwide lockdown, with effect from midnight on Thursday, 26 March 2020. In brief, all persons in South Africa are prohibited from leaving their homes for the 21-day period, except if specifically exempted to perform an essential service (health care professionals, food distributors etc...

South African Mining Industry: is there an obligation on employers to report and investigate incidents of occupational-acquired Covid-19?
ENSafrica, March 2020

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...

South Africa: FSCA provides general guidance to financial institutions on COVID-19
ENSafrica, March 2020

On Monday, 30 March 2020, the Financial Sector Conduct Authority (“FSCA”) issued a general communication to financial institutions relating to the impact of the coronavirus (COVID-19) on financial institutions and their customers. The circular sets out at a high level the expectations of the FSCA relating to the culture and responsibilities of financial institutions during the crisis. It does not have the force of law...

South Africa: beware of what you post online about COVID-19
ENSafrica, March 2020

Theregulationsissued by the Minister of Cooperative Governance and Traditional Affairs, on Wednesday, 18 March 2020, make it an offence for people to publish fake news or disinformation about the coronavirus (COVID-19) online...

South Africa: digitisation in the time of COVID-19
ENSafrica, March 2020

The coronavirus (COVID-19), has presented novel challenges for organisations in all sectors of the economy. Irrespective of the external circumstances faced, organisations are being forced to find a way to ensure that they still remain in business...

South Africa: time periods for civil proceedings during the lockdown period
ENSafrica, March 2020

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...

Will the end of (L)IBOR be delayed?
ENSafrica, March 2020

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...

South Africa: is there an obligation on employers to report and investigate incidents of occupational-acquired COVID-19 in the mining industry?
ENSafrica, March 2020

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...

South Africa: tips for essential service employees when being stopped by the police
ENSafrica, March 2020

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...

South Africa: COVID-19, the Emergency Regulations and sectional title living
ENSafrica, March 2020

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...

South Africa: Regulator’s response to the impact of COVID-19 on the retirement funds industry
ENSafrica, March 2020

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...

Commercial Debt Modifications and COVID-19
Bradley Arant Boult Cummings LLP, March 2020

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)...

Shelter-In-Place Orders Raise 5 Business Operations Issues
Bradley Arant Boult Cummings LLP, March 2020

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...

What Birmingham Businesses Should Know About the Families First Coronavirus Response Act Tax Credit
Bradley Arant Boult Cummings LLP, March 2020

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...

The COVID- 19 Infection and the Rights and Duties of an Employer in Latvia
Ellex Klavins, March 2020

Considering the state of emergency declared in the Republic of Latvia as a result of the spread of the Covid-19 infection, we have summarized the most important matters to be considered by employers at this time...

Q&A Regarding Procedures before the Chilean Public Health Institute and the Power to Set Prices for Certain Pharmaceutical Products, Medical Devices, Etc. is Established
Carey, March 2020

Q&A procedures before the Public Health Institute (ISP)   May I file for sanitary registrations? Requests for sanitary registrations for pharmaceutical products, cosmetics and others regulated, as well as for their modifications, may be filed for through the GICONA portal, and official tariffs shall be paid only through electronic transfer of funds...

Bills of Law on Sanitary Matters, filed in the context of the current situation
Carey, March 2020

In the context of the current sanitary alert, several bills of law have been filed with Congress, seeking to regulate certain aspects associated to states of emergency and sanitary crises in particular.To such ends, the bills that stand out are:I. Bill prohibiting and penalizing price increases in the face of epidemics or pandemics:On Tuesday 17 March 2020, a bill was filed with the Lower Chamber (Newsletter 13...

AML/CFT Identity Verification during COVID-19 Lockdown
MinterEllisonRuddWatts, March 2020

On Thursday 26 March 2020, the Reserve Bank of New Zealand, Financial Markets Authority and Department of Internal Affairs (together, the AML/CFT Supervisors) jointly released urgent guidance on how to comply with the verification requirements under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (AML/CFT Act) while New Zealand is subject to the COVID-19 Alert Levels and, in particular, the current national lockdown of Level 4 (COVID-19 Verification Gui

Rent Abatement in the COVID-19 Level 4 Period
MinterEllisonRuddWatts, March 2020

As businesses process the economic impacts of COVID-19, all options will need to be considered to get through New Zealand’s level 4 alert period – and beyond. For businesses that lease their premises, there may be relief available through a rent abatement. Some leases contain what is known as a “no access in an emergency” clause...

Data Security Matters, Even When Working from Home! – Potential Risks and Key Tips
Nestor Nestor Diculescu Kingston Petersen, March 2020

The COVID-19 pandemic is determining more and more businesses to “put the lock” on their offices. This means that a large number of employees all over the world have already been forced to set their homes as comfortable as possible to ensure an appropriate work environment...

Loans Affected by the Epidemic
Wardynski & Partners, March 2020

In the new economic reality, businesses that took out loans may be asking themselves many questions. Will existing loans still be paid out? Will an expiring credit line be extended? And will the state of epidemic justify not repaying debt already incurred? COVID-19 and the related restrictions introduced overnight by country after country have shifted businesses into anew reality. Among the challenges is ensuring the continuity of bank financing and the capacity to repay existing debt...

Possible Reduction of Income Tax Advances
Wardynski & Partners, March 2020

A system for supporting taxpayers struggling with the consequences of the coronavirus pandemic is being developed at the government level and will probably soon take effect. But taxpayers in difficulty may already draw on existing support instruments. One of them is reduction of income tax advances...

Anti-Crisis Shield
Wardynski & Partners, March 2020

The main points of the “Economic and social anti-crisis shield to protect businesses and employees in connection with the SARS-Cov-2 pandemic” was presented by the President, the Prime Minister, agroup of other ministers, and the president of the National Bank of Poland at apress conference on 18 March 2020...

Shopping-Centre Leases and the Retail Ban
Wardynski & Partners, March 2020

In the tough times of battling the coronavirus, many tenants are seeking ways to reduce their rent, release themselves from the obligation to pay rent, or avoid other obligations under their existing leases...

Drug Exports in a Time of Pandemic
Wardynski & Partners, March 2020

The Minister of Health is issuing successive anti-export lists covering an increasingly wide catalogue of products at risk of shortages. This is to ensure access to drugs and medical devices for patients in Poland, especially during the difficult time of the COVID-19 pandemic...

Litigation Financing in Times of Pandemic
Wardynski & Partners, March 2020

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...

Decisions Taken Remotely by Company Bodies
Wardynski & Partners, March 2020

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...

The Usefulness of a Business Continuity Plan in Times of Crisis
SMS - San Martin, Suarez y Asociados, March 2020

Perhaps, one of the facts which creates the highest expectations among those of us who manage the second or third defense line is risk materialization. That is to say, for a risk to become an event and generate some kind of impact. And from there on, the possibility of verifying the effectiveness of the controls designed, the residual risk and feeding back the matrix...

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: Exceptional and Temporary Measures Applicable to Court
PLMJ, March 2020

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...

As Employers Work Towards Compliance, The Department of Labor Provides Third Guidance Regarding the Families First Coronavirus Relief Act
Dykema, March 2020

It seems the DOL has stopped sleeping these days, but that means more guidance for employers. In itsQs&As 38-59interpreting the Families First Coronavirus Relief Act (FFCRA), the DOL shed light on the small business exemption, employees who can be exempted for the FFCRA leave provisions, and the interplay of the FFCRA and the Family and Medical Leave Act (FMLA). The FFCRA takes effect on April 1, 2020, so this guidance is, in a word, timely. Here are some highlights...

Coronavirus: Impact on Intellectual Property
PLMJ, March 2020

In some areas, intellectual property will experience a period of slowdown in activity, at least in the near future. We look at this in more detail below. However, this does not mean mandatory registration of industrial property will come to a halt because, with many bodies, including the Portuguese INPI (National Institute of Industrial Property), registration is done online...

State of Illinois and City of Chicago Offer Businesses Additional Coronavirus Relief as Loans and Grants
Dykema, March 2020

The Illinois Department of Commerce and Economic Opportunity (the Department) and the City of Chicago (the City) are providing emergency assistance for Illinois small businesses. These grants and loans are separate from incentives and programs being offered by the U.S. Small Business Administration. Information about the programs and how to apply is set forth below...

Coronavirus: Impacts on Energy Licensing and the Energy Market
PLMJ, March 2020

A global public health emergency was declared by the World Health Organization on 30 January 2020 as a result of the spread of the new virus COVID-19. The virus was later classified as a pandemic on 11 March 2020. As a result, it is important guard against any negative impact of the events relating to COVID-19 on ongoing energy licensing processes and on the energy market as a whole, particularly in the light of Decree-Law 172/2006 of23 August (“DL 172/2006”)...

Michigan Income Tax Deadlines Postponed by Governor Whitmer’s Executive Order 2020-26
Dykema, March 2020

On Friday, March 27, 2020, Michigan Governor Gretchen Whitmer issued Executive Order 2020-26 (the “Order”), postponing tax filing and payment deadlines for Michigan taxpayers in order to grant some amount of relief to individuals and businesses amid the Coronavirus/COVID-19 crisis...

Updated Summary of the Paycheck Protection Program Established by the Coronavirus Aid, Relief, and Economic Security (CARES) Act
Dykema, March 2020

The CARES Act has now been passed by both the House and the Senate and signed into law by the President on March 27, 2020. One of the highlights of the CARES Act for small businesses is the establishment of the Paycheck Protection Program (PPP)...

Coronavirus: Impact on Insurance
PLMJ, March 2020

The Coronavirus, COVID-19 has raised numerous important legal issues. However, one issue has assumed an even higher profile with the recent classification of the virus as a pandemic. This is the question of what claims can be made under the different insurance products on the market to cope with the losses, whether direct or indirect, that Portuguese businesses have been facing...

How is the SIC Working at the Moment?
Brigard Urrutia, March 2020

In recent days, COVID-19 has been the greatest destabilizer worldwide. The World Health Organization defines coronavirus as an extensive family of viruses that cause respiratory infections that can range from common cold to serious health complications such as Middle East respiratory syndrome (MERS) and severe acute respiratory syndrome (SARS)...

INVIMA Issued List of Non-Available Vital Products for Care COVID-19
Brigard Urrutia, March 2020

INVIMA’s specialized board for Medical Devices and other technologies issued a list of declared as Non-Available Vital Products to attend the emergency arising from COVID-19, which means that the import and / or local distribution of said products will be allowed in Colombia without having a Marketing Authorization...

INVIMA Closes its Offices and Opens Virtual Channels
Brigard Urrutia, March 2020

Due to the preventive isolation order issued through Decree 457 of March 22nd, 2020 and the powers granted to INVIMA in the sense of guaranteeing the prevention, diagnosis and treatment of Covid-19, within the current state of Economic, Social and Ecological energency...

A Guide to FEMA Public Assistance Amidst the COVID-19 Pandemic
Dykema, March 2020

Much like the Spring tornadoes that tear through the Midwest each year leaving damage in their wake, COVID-19 is silently tearing through the entire United States leaving a wake of destruction that has and will continue to affect state and local governmental entities for months, if not years, to come...

COVID-19: Legal Challenges for Pharmaceutical Companies
Cechova & Partners, March 2020

Pharmaceutical companies are meeting with numerous legal challenges resulting from the ongoing COVID-19 pandemic and the corresponding Government measures. Among the most discussed topics are the legal obligations relating to availability of medicinal products, securing of medicinal products for treatment of patients with COVID-19, control over the distribution channel, clinical trials, and relations with healthcare professionals...

PODCAST Congress Responds A Closer Look at the Families First and CARES Acts
Waller, March 2020

Welcome to PointByPoint. Conversations, interviews and legal commentary for today's business professionals. In this episode, Waller’s Mark Peters talks with employment attorney Kierstin Jodway about two of the major federal stimulus packages related to the coronavirus and what it means for businesses. Here is a transcript of the conversation: Mark Kierstin, thanks for being with us today...

Banking Regulatory Agencies Offer Flexibility with New CECL Accounting Standard
Waller, March 2020

The Federal banking agencies recently issued an interim final rule (Regulatory Capital Rule: Revised Transition of the Current Expected Credit Losses Methodology for Allowances) permitting banks to mitigate the effects of the current expected credit loss, or CECL, accounting standard. Introduced in 2016 by the Financial Accounting Standards Board, CECL replaces the incurred loss methodology for financial assets and requires banks to recognize lifetime expected credit losses...

How to Apply for a SBA Paycheck Protection Program loan
Waller, March 2020

Now that the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) has been signed into, law, small businesses may be wondering what they can do to get a Paycheck Protection Program (“PPP”) loan into their bank accounts as soon as possible so they can pay employees. In case you missed it, check out our bulletin here for a detailed description of the terms and conditions of and eligibility for these very favorable loans...

Tennessee Governor Bill Lee Issues Safer-at-Home Executive Orders
Waller, March 2020

On March 30, 2020, Tennessee Governor Bill Lee issued Executive Order No. 21, an order amending Executive Order No. 17 to further mitigate the spread of COVID-19 by limiting non-essential services and gatherings. The order expands the list of businesses and venues that perform close-contact personal services that are required to close to the public. The Order also amends the effective date in Executive Order No...

Competition Commission Policy During Sanitary Emergency
Basham, Ringe y Correa, S.C., March 2020

On March 27, 2020, the Federal Economic Competition Commission, Mexico’s antitrust regulatory agency, (“COFECE”, for its Spanish initials) issued a press release in relation to its stance in relation to the health emergency in Mexico...

Extraordinary Measures to Face Public Disease COVID-19
Basham, Ringe y Correa, S.C., March 2020

On March 27, 2020 the Mexican Health Ministry published in the Federal Official Gazette a Presidential Decree by means of which extraordinary measures are released to face COVID-19 in those regions that are being affected...

COVID-19 and Pubic Interest Licenses
Basham, Ringe y Correa, S.C., March 2020

As the pandemic situation caused by the COVID-19 virus advances in the world, the search for a vaccine will be a primary activity in which pharmaceutical scientists and laboratories will focus their efforts. This priority objective will not only have humanitarian and material effects, but also legal situations that shall be analyzed, since that invention could obtain legal protection under the figure of a patent...

COVID-19: What’s fair when it comes to rent and outgoings abatement?
MinterEllisonRuddWatts, March 2020

As New Zealand progresses through the Government-mandated Level 4 lockdown period in response to COVID-19, we are reminded by our Prime Minister to be kind to each other. In the commercial world, parties generally do not always make business decisions based on kindness. But landlords and tenants will certainly need to work together as they grapple with the issue of a “fair proportion” of rental and outgoings abatement during this period...

Liquidity Support Through "Unlimited" Loan Guarantees - Update - Including Initial Emergency Measures by German States (Bavaria, Hamburg)
Heuking Kühn Lüer Wojtek, March 2020

Current status: March, 30, 2020 Corona-related sales slumps in many industries are leading numerous companies to experience short-term liquidity bottlenecks. To cover these shortages quickly, the federal government adopted theKfW Special Program 2020, which is available for commercial enterprises and members of the independent professions with immediate effect. Loan terms were improved and standardized yet again to make it easier for companies to access favorable loans...

Tariff Exclusions on Medical Goods Due to COVID-19 Pandemic, the Exclusion Extension Process, and Other US-China Trade Developments
Dinsmore & Shohl LLP, March 2020

The United States Trade Representative (USTR) announced a period for public comment on excluding medical goods from Section 301 China tariffs if they are needed to fight the coronavirus pandemic. The USTR notice was published in the Federal Register on March 25, 2020. The USTR previously granted approximately 200 exclusions from Section 301 tariffs for medical goods because they are needed to fight the COVID-19 pandemic. The U.S...

USEPA Policy Provides Temporary Relief from Federal Enforcement due to COVID-19
Dinsmore & Shohl LLP, March 2020

The prospect of compliance disruptions from the COVID-19 pandemic prompted the United States Environmental Protection Agency (USEPA) to create a temporary policy outlining its enforcement discretion against certain regulated entities. As this is a federal policy, some entities may not enjoy the same enforcement discretion at their state and local level...

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...

DOL Issues Additional Guidance and Materials on Paid Leave Provisions of the FFCRA
Dinsmore & Shohl LLP, March 2020

The Families First Coronavirus Response Act (FFCRA) is designed to help employees and employers by providing paid sick and family leave reimbursed through a refundable tax credit for private employers, in addition to other relief. The FFCRA provides two types of paid leave to covered employees: paid sick leave under the Emergency Paid Sick Leave Act (EPSLA) and expanded family and medical leave under the Emergency Family and Medical Leave Expansion Act (EFMLA)...

When COVID-19 Impacts Research Projects: How to Prepare and Adapt
Dinsmore & Shohl LLP, March 2020

With the onset of COVID-19, certain areas of academic and government-fueled research are exploding. However, universities and governments at all levels are also scaling down nonessential research tasks and limiting the enrollment of essential new human subjects or new animal experiments.[1] Similarly, private companies may be suspending or cancelling their research projects in an attempt to conserve financial resources and accommodate researchers working from home...

Planning for and Negotiating Mergers & Acquisitions In Light of COVID-19
Hanson Bridgett LLP, March 2020

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...

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”)...

CARES Act – Important Changes to 401k or other Retirement Plans
Hanson Bridgett LLP, March 2020

As a growing number of the workforce is being affected by the COVID-19 pandemic, employers are raising several benefit related questions, particularly with respect to financial assistance available to employees. The Employee Benefits Group at Hanson Bridgett will be providing updated information on possible issues arising in the benefits area through Benefits Alerts and postings on Hanson Bridgett's Online COVID-19 Resource Center...

U.S. EPA's Temporary Enforcement Policy Provides Needed Guidance During the COVID-19 Pandemic
Hanson Bridgett LLP, March 2020

On March 26, 2020, the U.S. Environmental Protection Agency (EPA) announced a temporary policy on its enforcement of environmental obligations during the COVID-19 pandemic. Many facilities are experiencing unexpected constraints arising from the pandemic, including limited availability of key staff, contractors, and laboratories...

The CARES Act Increases Unemployment Compensation Coverage and the DOL Clarifies Exemptions to the FFCRA
Hanson Bridgett LLP, March 2020

Last week, President Trump signed two Legislative Acts – the Families First Coronavirus Response Act ("FFCRA") and the Coronavirus Aid, Relief, and Economic Security Act (CARES). Effective April 1, 2020, the FFCRA requires employers with more than 50 but fewer than 500 employees to provide emergency paid sick leave and expanded Family Medical Leave Act ("FMLA") leave to employees...

Group Health Plan and Cafeteria Plan Issues Related to COVID-19
Hanson Bridgett LLP, March 2020

As a growing number of the workforce is being affected by the COVID-19 pandemic, employers are raising several benefit related questions, particularly with respect to group health plans. The Employee Benefits Group at Hanson Bridgett will be providing updated information on possible issues arising in the benefits area through Benefits Alerts and postings on Hanson Bridgett's Online COVID-19 Resource Center...

UPDATED: Additional Payroll Tax Credits for Small and Large Employers Under the CARES Act
Hanson Bridgett LLP, March 2020

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...

Oil & Gas Workers Given “Key Worker” Status by the British Government
Haynes and Boone, LLP, March 2020

The British government has adopted stringent measures to reduce the spread of the novel coronavirus effective from 23 March 2020[1], including a nationwide lockdown, closure of non-essential shops and public venues and mandatory social distancing. The general rule is that people should stay at home, but workers can travel to and from work if they cannot perform their work from home[2]...

Coronavirus Aid, Relief, and Economic Security Act (CARES Act) – Key Provisions Impacting the Hospitality Industry
Hunton Andrews Kurth LLP, March 2020

The hospitality industry has taken the brunt of the impact of the ongoing coronavirus pandemic as occupancy rates have plummeted across the globe. The American Hotel and Lodging Association estimates that since mid-February, hotels in the United States alone have lost over $2.4 billion in room revenue and expects this trend to continue...

U.S. and European Antitrust Authorities Provide Updated Guidance on Joint Activity During COVID-19
Lowenstein Sandler LLP, March 2020

On March 24, the U.S. Department of Justice Antitrust Division (the Antitrust Division) and the Federal Trade Commission (FTC) (collectively, the Agencies) issued a joint statement detailing a new expedited process for review of proposed collaborations aimed at protecting the health and safety of Americans during the COVID-19 pandemic, to ensure that such collaborations comply with federal antitrust law...

Key Structured Finance and Secondary Market Loan Trading Provisions of the CARES Act
Lowenstein Sandler LLP, March 2020

On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security (CARES) Act (the “Act”). This alert summarizes key structured finance and secondary market loan trading provisions of the Act...

Prohibition to Force Employees to Accept Unpaid Leaves
Brigard Urrutia, March 2020

To prevent abuses arising from employers´ coercion to force employees to accept unpaid leaves in the context of the Economic, Social and Ecological Emergency derived from Covid-19, the Ministry of Work recalls the content of judgment C-930 of 2009...

Government Amends Justice and ADR Regulations
Brigard Urrutia, March 2020

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...

COVID-19 - Effects on Contractual Obligations
QIL+4 ABOGADOS, March 2020

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...

ENSafrica: Coronavirus (COVID-19) legal update
ENSafrica, March 2020

a national state of disaster Now what? On 15March2020 the South African President declared a national state of disaster in terms of the Disaster Management Act,2002. A national state of disaster lapses 3 months after it has been declared, but can be withdrawn or extended. A number of measures have since been implemented by the South African Government to counteract the impact of COVID-19, and several regulations, directives and guidelines have consequently been published...

The Government’s Proposal to Minimise the Number of Physical Participants at General Meetings
Delphi, March 2020

Covid-19 makes it difficult for shareholders and members to attend annual general meetings in limited liability companies and other legal forms of association. Shareholders might belong to a risk group or having difficulties to travel to the place where the meeting is held. A limited liability company or association may not refrain from holding the annual general meeting or to postpone further than the last permitted date (six months after the end of the financial year)...

Constitutional Lessons For Prisons Amid COVID-19 Outbreak
Bradley Arant Boult Cummings LLP, March 2020

The spread of the highly contagious coronavirus has reach pandemic status. Over 550,000 cases have been confirmed across more than 175 countries, and the United States now has over 86,000 confirmed cases across all 50 states and four territories. In other countries, the threat of coronavirus has already impacted prison operations — lockdowns have been implemented in Italy and thousands of prisoners were released in Iran...

Compliance with Official Measures to Combat COVID-19 Made Mandatory
Afridi & Angell, March 2020

Significant responsibility for ensuring compliance with directives to stop the spread of the Covid-19 virus has been delegated to the law enforcement authorities of the UAE. Last week, the Cabinet promulgated Resolution No. 17 of 2020, requiring all natural and juristic persons to comply with the measures mandated by the concerned authorities to combat Covid-19...

COVID-19 - Impact of the Czech Government Measures on Employment Relations
Kocian Solc Balastik, March 2020

Impact of the Czech Government measures on employment relations The current situation has a considerable impact on employment relations...

COVID-19 II Relief Programme – Czech Government Financial Support for Self-Employed and Small and Medium-Sized Enterprises - Urgent Approaching Deadline for Submissions
Kocian Solc Balastik, March 2020

COVID II programme – Government financial support for self-employed and small and medium-sized enterprises   Aid for self-employed persons ('self-employed') and small and medium-sized enterprises ('SMEs') affected by anti-coronavirus measures pursuant to the Czech Government’s 'COVID GUARANTEE' programme was exhausted in one day...

COVID-19 - Czech Government Approves Tax Mitigation Measures Related to Coronavirus Emergency UPDATED
Kocian Solc Balastik, March 2020

Czech Government Approves Mitigation Measures Related to Coronavirus Emergency UPDATED   In connection with the coronavirus emergency, the Czech government has approved a liberation tax package aimed at mitigating the consequences of the emergency...

Covid-19 Czech Health Ministry's Special Measures
Kocian Solc Balastik, March 2020

Czech Health Ministry's Special Measures UPDATED   The government explicitly stated in the Emergency Resolution that the Health Ministry’s existing emergency measures are not to be affected by the state of emergency, which means that they remain valid and must be observed. All the Health Ministry’s special measures introduced valid after the emergency was announced must be observed as well. A brief summary (updated on 19March 2020) is outlined below...

Covid-19 Czech Republic - The Offence of Spreading Coronavirus
Kocian Solc Balastik, March 2020

The offence of spreading coronavirus From what point exactly is the spreading of COVID-19 a criminal offence? Is it only intentional spreading that is punishable or is negligence also a criminal offence? What is at stake? What are the aggravating circumstances and when do the penalties increase? And can these criminal offences also be committed by a legal entity? The Government of the Czech Republic adopted, as a part of emergency measures due to health threat, Regulation No...

China Desk Alert – Malaysia COVID-19 Legal Update M&A Focus
Shearn Delamore & Co., March 2020

You or your Chinese clients may have investment in Malaysia (for example, subsidiaries (“MY Sub”)) and this serves as a guide for your reference. Pursuant to the Movement Control Order (“MCO”)[i], all business activities (save for essential services) in Malaysia must be suspended from 18 March 2020 until 31 March 2020. The duration of the MCO has since been extended until 14 April 2020[ii]...

Chilean Central Bank Sets Rules on Financing for Banking Institutions to Support Funding and Refinancing of Loans and Postpones Deadlines to Facilitate Applications to Public Contests
Carey, March 2020

26 March 2020 Chilean Central Bank sets rules on special financing for banking institutions to support funding and refinancing of consumer andcorporate loans, along a temporary flexibilization of its regulation onliquidity management in the banking industry As a response to the financial tensions triggered by the dissemination of Covid-19, the Chilean Central Bank (BCCh) announced on Monday 23 March 2020 a series of measures aimed atgranting liquidity for the economy and supporting the

Operation of Criminal Courts, the Prosecutor's Office and Police Forces
Carey, March 2020

In the context of the health alert issued by the Ministry of Health and the subsequent declaration of a state of Constitutional Exception of Catastrophe in Chile, due to public calamity, a series of measures have been set in place, altering the regular operation of Criminal Courts, as well as for the Chilean Prosecutor's Office and Police Forces.   I...

New Bills Which Affect the Criminal Process
Carey, March 2020

As a result of the health alert decreed by the Ministry of Health and the subsequent declaration of a state of Constitutional Exception of Catastrophe in Chile, due to public calamity, several bills have been presented, which affect the criminal process, among others, bulletins N° 13.343-07 and 13.358-07. I. Bill that Establishes a Legal Regime of Exception On March 24th, 2020, the President of the Republic submitted a bill to the Chamber of Deputies, Bulletin No...

COVID-19: Adoption of New Economic Measures - First Aid to Employees, Firms and Self-Employed Entrepreneurs
Cechova & Partners, March 2020

At a press conference today, on 29 March 2020, representatives of the Government of the Slovak Republic presented the first set of economic measures, the purpose of which is so-calledFirst Aid to Employees, Companies and Self-Employed Entrepreneurs...

How to keep Zoom Bombers from Ruining your Next Meeting
Waller, March 2020

Zoom, the social platform which has become nearly ubiquitous in the past few weeks, has unintentionally introduced the world to a new term: “Zoom Bombing." Millions of people are struggling to maintain some semblance of normalcy as they continue to engage in personal and business interactions while simultaneously practicing social distancing during the COVID-19 pandemic...

Department of Labor Issues Extensive Guidance on the Families First Coronavirus Response Act FAQ
Waller, March 2020

Beginning on March 24, the Department of Labor (DOL) has been steadily releasing information and guidance on the Families First Coronavirus Response Act (FFCRA). We have been reviewing those releases to find the important information employers need to comply with the FFCRA and have summarized our analysis below...

Relief for Employers and Workers under the CARES Act
Haynes and Boone, LLP, March 2020

On March 27, 2020, President Trump signed the Coronavirus Aid,Relief, and Economic Security (“CARES”) Act into law. The CARES Act, which injects trillions of dollars into the economy, provides relief to employers and workers, alike...

Breaking Tax News - IRS Extends April 15 Payment and Filing Due Date For Gift Taxes Because of COVID-19 Emergency
Haynes and Boone, LLP, March 2020

Breaking Tax News - IRS Extends April 15 Payment and Filing Due Date For Gift Taxes Because of COVID-19 Emergency 03/29/2020 Authored by: Jennifer R. Lan,John M. Collins,Jamie L. Carter,J. Mitchell Miller The IRS issued Notice 2020-20 on March 27, 2020, thereby superseding certain provisions of Notice 2020-18 related to filing and paying gift taxes (see our prior coverage here)...

Congress Provides COVID-19 Relief to Airlines and Aviation Workers
Haynes and Boone, LLP, March 2020

On March 27, 2020, Congress passed the Coronavirus Aid, Relief and Economic Security (CARES) Act. The $2 trillion bipartisan legislation serves as a third round of federal government support in the wake of the economic fallout from the coronavirus (COVID-19) pandemic. Among other things, the Act provides significant relief to air carriers and aviation employees. We outline some of the key provisions below...

Coronavirus: Content of the government's Social Law ordinance
Jeantet, March 2020

After the publication in the Journal Officiel of the Law “emergency to deal with the Covid-19 epidemic”, the Government presented, Wednesday in the Council of Ministers, 25 ordinances and several decrees to deal with this health and economic crisis. These texts were published in the Official Gazette of 26 March 2020 and are therefore applicable. We present here the various measures adopted in Labour Law...

Listed Companies Facing Coronavirus
Jeantet, March 2020

Although the coronavirus is an extraordinary situation making financial communication both necessary and particularly sensitive, there is no indication at this stage that listed companies will benefit from any exemptions regarding compliance with their legal obligations or from any forbearance from theAutorité des Marchés Financiers(“AMF”)...

COVID-19 and Health Data
Jeantet, March 2020

In principle, the employer may not take measures likely to infringe on the privacy of its employees, in particular by collecting health data or information relating to the search for possible symptoms (art. 9 of the GDPR and art. 6 of the Data Protection Act). 1...

Coronavirus: What Consequences on Financing Agreements?
Jeantet, March 2020

The covid19 global crisis and the relating lockdown measures will strongly impact the activity of borrowers and the value of their assets. Their repayment capacity and their liquidity needs will also be affected. The crisis also impacts lenders and the operation of financial markets. We outline advice to meet the difficulties that may arise in the implementation and negotiation of financing agreements.   1...

Additional Measures to Support Companies Particularly Affected by the COVID-19: Creation of a State Fund of Solidarity
Jeantet, March 2020

The French Government Ordinance enacted on 26 March 2020[1] create a solidarity fund intended to provide financial aid to natural and private law legal persons having economic activity severely affected by the Covid19 crisis. The Solidarity Fund is created for a three-month period (renewable once for the same duration by decree) and will be funded by the State, and on voluntary basis, by regions and certain other territorial authorities...

Listed Companies Facing Coronavirus – 2nd Edition
Jeantet, March 2020

PUBLICATION OF TWO ORDINANCES OF MARCH 25, 2020 CONCERNING THE DELIBERATION OF THE CORPORATE BODIES AND THE APPROVAL OF THE ANNUAL ACCOUNTS Two ordinances were published on March 25, 2020, in order to allow (i) shareholders’ meetings to be held behind closed doors, (ii) boards of directors or supervisory boards to meet remotely even for the purpose of approving the annual accounts or without any provision in this respect in the by-laws, and (iii) an extension of the deadlines fo

COVID-19: What are the Main Tax Impacts?
Jeantet, March 2020

Taxation: emergency measures to be taken to deal with the coronavirus (COVID-19) crisis: transcription of the crisis into the companies’ accounts, reduction of the tax burden, preservation of the company’s cash flow and choice of financing and restructuring tools...

Adoption of the Ordinances of 25 March 2020 by the French Government: What are Their Tax Consequences?
Jeantet, March 2020

Article 10 of the French government’s Ordinance no. 2020-306 of 25 March 2020 on the extension of the time limits during the health emergency period and the adaptation of procedures during said period provides for specific provisions aiming at adjusting certain time limits applicable to tax audits and, more specifically, at suspending their application as of 12 March 2020 until the expiry of a period of one month after the end of the state of health emergency (i.e...

Coronavirus, a Force Majeur Event?
Jeantet, March 2020

COVID-19 was declared as a pandemic by the WHO on 11 March 2020...

Coronavirus: Moratorium on Financing Agreements
PLMJ, March 2020

In the context of the COVID-19 pandemic, the Portuguese Government approved Decree-Law no. 10-J/2020, of 26 March (the"Decree-Law") which establishes a moratorium on certain financing agreements with a view to protect the liquidity of companies and families. 1...

CMS to Make Cash Payments to Healthcare Providers Now
Waller, March 2020

Just 24 hours after the President signed the CARES Act into law, the Centers for Medicare & Medicaid Services (CMS) expanded the scope of its Accelerated and Advance Payment Program to include additional Part A providers and Part B suppliers. CMS outlined the program expansion in a fact sheet. The accelerated payments are intended to provide immediate cash flow relief to providers and suppliers focused on treating the flood of COVID patients...

COVID-19 and Force Majeure: How to Handle Existing Contractual Liabilities and Enter into New Contracts
Ellex Klavins, March 2020

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...

COVID-19: Impossibility of Performance
Cechova & Partners, March 2020

In order to prevent the spread of COVID-19, the Government of the Slovak Republic has adopted several restrictive measures which may, in contractual relationships governed by the Civil Code, cause impossibility of t debtor’s performance.[1]In this alert we focus in more detail on the issue of additional impossibility of performance and subsequent cessation of obligation due to the spread of COVID-19 and adoption of the related preventive measures...

Temporary Posting of Workers at the Time of a Pandemic
Cechova & Partners, March 2020

In these difficult times, many employers are facing problems related to low demand for their services and goods and the resulting lack of work to be assigned to their employees.On the other hand, there are also employers which are currently lacking employees (for example, due to the closure of schools, which caused many employees to stay at home with their children or because employees are kept in quarantine etc.)...

Recent Legislative Changes in Social Security and Employment
Cechova & Partners, March 2020

On 25 March 2020 the Slovak parliament approved relevant changes in the field of social security and employment to mitigate the effects of the outbreak of COVID-19. This new piece of legislation shall enter into force very soon immediately upon its publication in the Collection of Laws of the Slovak Republic. Allowance to Maintain Job Positions Already now certain employers may apply with the office for labour, social affairs and family for an allowance to maintain job positions...

Arbitration in the Time of COVID-19. The Romanian Perspective
Nestor Nestor Diculescu Kingston Petersen, March 2020

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...

Leasing Considerations During COVID-19 Pandemic
Dykema, March 2020

The COVID-19 pandemic is having a wide-ranging impact on the U.S. real estate industry, particularly on the relationship between landlords and tenants. In order to better understand impending risks, both landlords and tenants should review their leases and insurance policies and consult real estate counsel before taking action. A sampling of leasing issues arising during the COVID-19 pandemic is set forth below...

Coronavirus: Buying and Selling Property in Times of Social Distancing
PLMJ, March 2020

There is expected to be a natural slowdown in the completion of real estate transactions in the coming weeks/months. The more immediate effects of the current situation, and of the administrative measures that continue to be adopted to control the pandemic, are especially reflected in relationships that have already been established...

Coronavirus: Impact on Town Planning Procedures
PLMJ, March 2020

In this context, general measures have been established that may have an impact on planning procedures that are underway and on town planning management decisions already issued...

Coronavirus: Impact on Intellectual Property
PLMJ, March 2020

In some areas, intellectual property will experience a period of slowdown in activity, at least in the near future. We look at this in more detail below. However, this does not mean mandatory registration of industrial property will come to a halt because, with many bodies, including the Portuguese INPI (National Institute of Industrial Property), registration is done online...

Coronavirus: Measures to Support businesses
PLMJ, March 2020

In the fight against the Covid-19 pandemic, the scale of measures to protect public health and their consequences are starting to be felt by businesses and, in particular, they are suffering from strains on cash flow. As a result, on Wednesday, 18 March, the Portuguese Government approved and presented a package of economic measures to support companies...

How will the COVID-19 Outbreak Affect my Ongoing Arbitration
Haynes and Boone, LLP, March 2020

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...

Please Mr. Postman: Energy Trading Contract Notice Issues in the Time of COVID-19
Haynes and Boone, LLP, March 2020

COVID-19 and the sweeping government actions to curtail the effects of the virus have disrupted business activities across the globe, requiring businesses to carefully examine their existing contracts and in certain cases deliver important notices thereunder, such as notices of force majeure...

COVID-19 Impact on Renewable Energy Asset Development
Haynes and Boone, LLP, March 2020

The COVID-19 pandemic and the sweeping government action to curtail its effects across the globe has disrupted global supply chains and may continue to do so for quite some time. These constraints will strain project development timelines across the renewable energy industry...

Coronavirus: The New Temporary Framework for State Aid
PLMJ, March 2020

This new framework will remain in force until 31December 2020 and it allows Member States to provide: a) Aid in the form of direct grants, selective tax advantages and repayable advance payments, up to EUR 800,000 per company, to companies in most economic sectors to meet their urgent liquidity needs; b) State guarantees for loans taken out by companies from banks and the framework defines, among other possibilities, minimum guarantee premiums for this purpose; TYPE OF BENEFICIARY MARG

Coronavirus: CMVM Recommendations for Holding General Meetings
PLMJ, March 2020

On 11 March 2020, the World Health