Overseas Investment: Covid-19 - What Kind of State Are You In?
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,... More
New York City Enacts Law Affecting Enforceability of Certain Commercial Lease Guaranties for COVID-Affected Businesses
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”)... More
MME Memorandum on Safety and Health Measures at Work
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... More
Enforcement of Foreign Awards
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... More
An Examination of the Measures to Mitigate the Impact of Covid-19 on Taxpayers in Nigeria
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. THE ECONOMIC STIMULUS BILL... More
Potential Liabilities for Directors in Insolvency: Considerations for Directors of Companies Facing COVID-19 Induced Insolvency
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... More
Revised Measures in Response to COVID-19: Sterilisation and Opening Timings and an Updated List of Violations and Fines
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.... More
COVID-19: Barbados Regulatory Update
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... More
England
Overseas Investment: Covid-19 - What Kind of State Are You In?
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,... More
Russia
Switching to E-commerce: Legal Checklist
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... More
Italy
Covid-19: Decree Law No. 33 of 16 May 2020 and PMD of 17 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... More
Slovakia
Deferrals of Repayments of Loans and other Credit Instruments
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... More
Czech Republic
Czech State of Emergency to Continue until 17 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... More
Latvia
Impact of Covid-19 on the Rental Housing Market and Latest Trends
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... More
Germany
Facilitations for Circular Resolutions in the Gmbh by the Covid Mitigation Act – Overview and Open Questions
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... More
Poland
Witness Testimony in Times of Pandemic
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,... More
Texas
New York City Enacts Law Affecting Enforceability of Certain Commercial Lease Guaranties for COVID-Affected Businesses
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”)... More
Michigan
PPP Loan Forgiveness and Review: Key Observations - Part II
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... More
New Jersey
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
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. Those prosecutions reflect that the DOJ does not need to rely on a borrower’s “certification of... More
Tennessee
Proposed Legislation Would Protect Businesses from COVID-19 Claims
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. This crucial legislation is designed to provide broad... More
California
Relief for Employee Benefit Plan Fiduciaries Due to COVID-19
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... More
Kentucky
Ohio House Bill 197 Passed: What This Means for Workers’ Compensation
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”... More
Alabama
Tips For Applying COVID - 19 Stark Law Waivers
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... More
California
Buchalter Client Alert COVID-19: Did you Receive a Deposit from HHS? Before you Spend it, Read This
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... More
Colombia
MME Memorandum on Safety and Health Measures at Work
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... More
Chile
New Measures Taken by the Chilean Authority Against the Pandemic
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... More
Panama
COVID-19: Additional, Exceptional and Temporary Measures Adopted by the Superintendency of Banks of Panama and the Panama Banking Association.
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")... More
Guatemala
Hard Knock to the Legal Certainty in Guatemala - Electric Sector in Crisis
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,... More
Mexico
COVID-19: Technical Guidelines for Sanitary Safety in the Workplace have been Issued
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... More
Argentina
Report of the Department of Environmental Law: Valid Certificates, Presentations, Extension of Attention to the Public
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... More
Costa Rica
Extension of the Restriction on the Export and Re-Export of Products for Surgical Use in Costa Rica
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: ... More
Argentina
Summary of International Government Emergency Measures as of March 1, 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]) ARGENTINA Payment Chain Maintenance: • Rent freeze • Mortgage installments freeze and prohibition of... More
India
Enforcement of Foreign Awards
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... More
Philippines
Metro Manila will be Under Modified Enhanced Community Quarantine (MECQ) from May 16 to May 31
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. [1] During MECQ, more businesses are... More
New Zealand
FMA Level 2 Guidelines
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... More
Japan
COVID 19: Force Majeure in Japan - Some Key Questions
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... More
Australia
Understanding the COVID-19 'JobKeeper Payments'
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... More
China
Online Dispute Resolution Scheme (ODR)
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). What cases will the Scheme cover? The Scheme will cover COVID-19 related disputes with a claim amount of not more than... More
Singapore
Sustainable Capitalism
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.... More
Indonesia
Country-by-Country Guide: Government Measures Taken in Response to COVID-19
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,... More
Nigeria
An Examination of the Measures to Mitigate the Impact of Covid-19 on Taxpayers in Nigeria
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. THE ECONOMIC STIMULUS BILL... More
South Africa
Mauritius: Coronavirus (COVID-19) Impact on Financial Institutions
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... More
South Africa
South Africa: Coronavirus (COVID-19) - How to Avoid Vicarious Liability for Data Protection Breaches by Employees in an Online Environment during Lockdowns
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... More
South Africa
ENSafrica: Coronavirus (COVID-19) Legal Update
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... More
South Africa
When Should the Labour Court Intervene in a Retrenchment Process?
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... More
Nigeria
COVID-19 Legal Issues Newsletter
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... More
South Africa
South Africa: Update to the Coronavirus (COVID-19) TERS and Tax Treatment of C19 TERS Benefit
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... More
South Africa
South Africa: Coronavirus (COVID-19) and Privacy Concerns in your School
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... More
British Columbia
Potential Liabilities for Directors in Insolvency: Considerations for Directors of Companies Facing COVID-19 Induced Insolvency
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... More
Quebec
How to be a Good Franchisor in the COVID-19 Era?
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... More
British Columbia
It Might Be Negligent, But is it Gross Negligence?
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... More
British Columbia
Alberta Pauses Residential Evictions for Non-Payment and Prohibits Rent Increases and Late Payment Penalties During COVID-19 Pandemic
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... More
British Columbia
CSA to Provide Blanket Relief for Market Participants Due to COVID-19
In light of the rapidly evolving developments relating to COVID-19, and recognizing that issuers have an urgent need to focus on critical business decisions, the Canadian Securities Administrators (the “CSA”) have announced that they will grant temporary, blanket relief... More
British Columbia
COVID-19 and Global Issues: A Contrarian's Solution to Construction Contracts?
For consideration by owners, contractors, suppliers, and project teams towards solutions on current and/or future projects. Global pandemic. Oil trade war. Volatile FX Markets. Market collapse? East African locusts. All of these global issues, and potentially others,... More
Quebec
The Coronavirus Guide for Employers: Everyday Measures for the Workplace
Employers must review their action plan on a daily basis to promote prevention, manage possible or proven contagion among their employees and ensure that business operations continue. Two actions are key: Seeking accurate information from public health officials and governments... More
British Columbia
Keeping Cool: An Employer's Guide to COVID-19 in the Workplace
COVID-19 has now been characterized as a pandemic by the World Health Organization. Although the number of reported cases in Canada is currently low in comparison to some other countries, public health authorities have cautioned that this situation may change rapidly. As part of this... More
United Arab Emirates
Revised Measures in Response to COVID-19: Sterilisation and Opening Timings and an Updated List of Violations and Fines
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.... More
United Arab Emirates
The ADGM Companies Regulations 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. Companies Regulations 2020 ... More
United Arab Emirates
DMCC Employment Guidelines during the COVID-19 Precautionary Measures Period
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... More
United Arab Emirates
New Measures Implemented by the UAE Authorities in Response to COVID-19 [7 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. Dubai Healthcare City Authority (DHCA) announces business relief... More
United Arab Emirates
New Measures Implemented by the UAE Authorities in Response to COVID-19 [1 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... More
United Arab Emirates
Employment Measures for Dubai International Financial Centre (DIFC) Employers During COVID-19
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... More
United Arab Emirates
New Measures Implemented by the UAE Authorities in Response to COVID-19 [26 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... More
United Arab Emirates
COVID-19: Is it an Event of Force Majeure under UAE Law?
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... More
Barbados
COVID-19: Barbados Regulatory Update
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... More
British Virgin Islands
Eastern Caribbean Supreme Court Adopts Measures to Ensure Continuity in Response to COVID-19 Impact
O’Neal Webster hopes that you, your family, your co-workers, and communities are staying healthy and positive during these challenging times. With the surge of the new coronavirus COVID-19 cases around the globe, and now in the Caribbean, all major stakeholders in the British Virgin... More
