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Client Bulletin No. 30 (Updates on COVID-19 related PH Issuances): Metro Manila under MECQ again from August 4 to 18
SyCip Salazar Hernandez & Gatmaitan, August 2020

This is a briefing on the issuances as of August 3, 2020 on the following matters in relation to the COVID-19 pandemic: A. Metro Manila will be under Modified Enhanced Community Quarantine (MECQ) again from August 4 to 18B. Intellectual Property Office (IPOPHL) Further Extends until August 10, 2020 the Deadline for Filings and Payments Due for the Period of July 20 to August 7, 2020A...

Client Bulletin No. 29 (Updates on COVID-19 related PH Issuances): GCQ over Metro Manila Again Extended until August 15, 2020
SyCip Salazar Hernandez & Gatmaitan, August 2020

This is a briefing on the issuances as of August 1, 2020 on the following matters in relation to the COVID-19 pandemic: A. General Community Quarantine (GCQ) over Metro Manila Again Extended until August 15, 2020 B. Department of Trade and Industry (DTI) Allows More Business Establishments to Operate During GCQ from August 1, 2020   A...

Insurance Commission Invites InsurTech Enterprises to Play in Regulatory Sandbox
SyCip Salazar Hernandez & Gatmaitan, July 2020

The Insurance Commission (“IC”) of the Philippines has issued a circular letter dated June 14, 2020 on the adoption of a regulatory sandbox framework for the experimentation and testing of insurance technology innovations (IC Circular Letter No. 2020-73 (“ICL 2020-73”): “Guidelines on the Adoption of a Regulatory Sandbox Framework for Insurance Technology (InsurTech) Innovations).” The full text of Circular Letter No...

Governor Reimposes Restrictions in Northern Michigan
Dykema, July 2020

On July 29, 2020, Governor Whitmer issued Executive Order Nos. 2020-160 and 2020-161. Executive Order 2020-160 replaces the prior executive orders that address stay home, stay safe restrictions in Michigan. In general, this Order moves the State to a more uniform approach to business operations and restrictions...

Buchalter COVID-19 Client Alert: Excusing Contractual Performance in Real Estate Agreements in the Age of COVID
Buchalter, July 2020

  Since the outbreak of the COVID-19 pandemic, local municipalities and state governments throughout the country have implemented stay-at-home orders and mandated closures of businesses and restaurants to lower the spread of the disease. California, after having permitted much of the state to reopen businesses, has seen a recent spike in COVID-19 cases and on July 13th implemented a new statewide order to curb the increase, reimposing certain business closures...

Buchalter COVID-19 Client Alert: Arizona Charter Schools Planned Re-Opening
Buchalter, July 2020

  On July 23, 2020, Arizona Governor Doug Ducey, Superintendent of Public Instruction Kathy Hoffman and Arizona Department of Health Services Director, Dr. Cara Christ held a news conference to discuss certain executive orders of the Governor regarding re-opening of Arizona businesses and public district and charter schools in Arizona...

Bracing for Increased Cannabis Enforcement Under Prop 65
Buchalter, July 2020

California’s cannabis-related businesses will face a dual battle in complying with Proposition 65 requiring businesses to warn the public about cancer-causing chemicals present in products they purchase, writes Buchalter’s Anne Marie Ellis. Businesses are going to have to change their labeling and packaging to list marijuana smoke as a reproductive toxicant and cancer causing agent...

Alert to Product Liability Defense Counsel: United States Supreme Court Set to Again Address Specific Personal Jurisdiction
Bradley Arant Boult Cummings LLP, July 2020

Companies subject to product liability lawsuits – and their counsel – know the importance of promptly examining whether the company is subject to general personal jurisdiction or specific personal jurisdiction of the forum court. A court with general personal jurisdiction over a defendant can hear any and all claims against that defendant. After the United States Supreme Court’s decisions in Daimler AG v. Bauman, 134 S. Ct 746 (2014) and BSNF Railway Co. v...

HHS Commits to Release Reporting Requirements for Provider Relief Funds on August 17
Waller, July 2020

Since the Department of Health and Human Services (HHS) Provider Relief Funds (PRF) first started arriving in provider bank accounts on April 10, 2020, HHS has stated that it will issue additional guidance “soon” on mandatory reporting requirements on how use of funds must be reported. The PRF funds are among the funds Congress appropriated to reimburse eligible healthcare providers for healthcare-related expenses or lost revenues attributable to COVID-19...

FDA Releases Industry Guidance on Development and Licensure of COVID-19 Vaccines
Patterson Belknap Webb & Tyler LLP, July 2020

The Food and Drug Administration (“FDA”) issued its Development and Licensure of Vaccines to Prevent COVID-19: Guidance for Industry on June 30, 2020.  This nonbinding guidance is intended to remain in effect for the duration of the COVID-19 public health emergency declared by the Secretary of Health and Human Services. The guidance advises vaccine development and licensure following the standard trial progression but on an accelerated timeline...

IRS Issues Guidance on 2020 Waiver of Required Minimum Distributions
Hanson Bridgett LLP, July 2020

Key Points Participants in defined contribution retirement plans, such as 401(k), 401(a), 403(b), or governmental 457(b) plans, can skip their required minimum distribution (RMD) payments for 2020. If RMDs for 2020 have already been received, participants have until August 31, 2020 to rollover the RMD into an eligible retirement plan...

CEQ Final Rule for Federal Agencies Implementing NEPA
Hanson Bridgett LLP, July 2020

Key Points New CEQ rule updating NEPA to go into effect September 14, 2020. Development and other projects funded, assisted, or regulated by federal agencies will receive less scrutiny in the future. Highlights The Council on Environmental Quality (CEQ) issued a final rule to update its regulations for federal agencies implementing the National Environmental Policy Act (NEPA)...

COVID-19: Exceptional Cases in which Population and Immigration Authority will Allow Foreigners to Enter Israel
Fischer Behar Chen Well Orion & Co., July 2020

Due to the COVID-19 outbreak, as of March 2020, Israel prohibited foreign nationals from any country from entering its borders, including citizens who held any kind of visa. Only foreign residents who could prove that their 'life centre' was in Israel could enter the country. In June 2020 the Population and Immigration Authority published a list of exceptional cases in which it will allow foreigners into the country...

Proposed Amendment to the North Carolina Identity Theft Protection Act
Spilman Thomas & Battle, PLLC, July 2020

In April 2019, with the introduction of House Bill 904, a bi-partisan effort was made to strengthen cyber security in North Carolina. H.B...

Client Bulletin No. 27 (Updates on COVID-19 related PH Issuances): Recent Issuances by the IPOPHL and the BIR
SyCip Salazar Hernandez & Gatmaitan, July 2020

This is a briefing on the issuances as of July 22, 2020 on the following matters in relation to the COVID-19 pandemic: A. Intellectual Property Office (IPOPHL) Suspends Services at its Main Office from July 20 to 27, and Extends Deadlines B. BIR Amends Reportorial Requirements of Banks and Other Lenders that Granted a Grace Period on Loans that were due during the Enhanced Community Quarantine C. New Bureau of Internal Revenue (BIR) Form for Related Party Transactions   A...

HK SFC Annual Report in the COVID-19 Era
Deacons, July 2020

On 24 June 2020, the Securities and Futures Commission (SFC) published its latest Annual Report, covering the 12-month period to 31 March 2020. As in previous years, the report provides a useful summary of what the SFC has done over the past year particularly in terms of achieving its publicly stated goals and providing insight into its priorities moving forward...

New Financial Return Form in 2021 will Require even More Information
Deacons, July 2020

On 26 June 2020, Hong Kong’s Securities and Futures Commission (SFC) issued a circular publishing in draft new versions of the financial return forms for SFC licensed corporations (LCs). The SFC is planning to revise the existing forms in order to collect additional data from LCs to “enable the SFC to identify risks in a timely manner, take prompt supervisory action and protect investors”. It is expected that the forms will be gazetted without significant amendment...

Treatment of Cloud Computing in IOSCO’s Consultation on Outsourcing
Deacons, July 2020

In May 2020 the International Organization of Securities Commissions (IOSCO) published a consultation report (the IOSCO Report) concerning its work on understanding recent developments in outsourcing and setting out proposals to update the existing IOSCO principles on outsourcing (Principles). Much has happened in the area of outsourcing since 2005 when the Principles were first developed, notably in the development of cloud services...

IOSCO’s Proposed Guidance for Regulation on the Use of Artificial Intelligence and Machine Learning
Deacons, July 2020

The International Organization of Securities Commissions (IOSCO) has recently issued a consultation report to propose guidance for members in regulating the use of artificial intelligence (AI) and machine learning (ML) by market intermediaries and asset managers (collectively, Firms). The consultation period will end on 26 October 2020. IOSCO will issue final guidance to its members based on the consultation conclusions...

Buchalter COVID-19 Client Alert: Bay Area Businesses Face Uncertainty Over Conflicts Between State and Local Reopening Guidelines
Buchalter, July 2020

On July 17, San Francisco Mayor London Breed announced that due to a rapid rise in new COVID-19 cases in the last month, and because San Francisco was listed on the State’s County Monitoring List (the “Monitoring List”) for three consecutive days, San Francisco was halting all reopening procedures indefinitely beginning on Monday, July 20...

California Senate Passes Bill Granting the Attorney General Authority To Review Health Care Acquisitions and Changes of Control
Buchalter, July 2020

SB 977 was passed by the California Senate on June 26, 2020. If the bill is passed by the Assembly and becomes law, it will require health care systems, private equity groups, hedge funds, and academic medical centers to obtain advance approval by the California Attorney General for substantially all acquisitions or change of control transactions with health care facilities and providers...

DOE’s Recent RFI Specifies “Foreign Adversaries” – What Does it Mean?
Lowenstein Sandler LLP, July 2020

What You Need To Know: Recent events emphasize the effect of the U.S.-China relationship on imports, exports, and foreign investment. Companies should consider looking closely at whether and how their products or services could be considered a national security concern in a variety of regulatory capacities, including foreign investment, export controls, and even real estate...

Reflections on the Supreme Court — Past and Present
Waller, July 2020

When I became a judicial law clerk right out of law school, my boss, a federal judge in Houston, Texas, explained to me that the goal of his job (and therefore mine) was to find the right answer and do the right thing. That was, in a sense, easy enough. Research the law, and figure out how it applies to the particular facts of each case — because following the law is the right thing to do. Of course, judges will disagree about how the law should apply...

COVID-19 Government Initiatives & Support in Asia
DFDL, July 2020

As the COVID-19 pandemic continues to spread throughout the world, governments and leading financial institutions across the South and Southeast region continue to issue various initiatives, stimulus measures and relief efforts within their respective countries in an attempt to shore up the hardest hit sectors and vulnerable groups directly affected by the COVID-19 pandemic...

Governor's Executive Order Extends Deadlines For FQHCs And DHCS In The Audit And Appeals Process During The COVID-19 State of Emergency
Hanson Bridgett LLP, July 2020

On April 22, 2020, the Governor issued Executive Order N-55-20 pursuant to a provision of the Government Code that grants special powers to the Governor to suspend statutes during a state of emergency where the Governor determines and declares that strict compliance with the statute or regulation would prevent, hinder, or delay the mitigation of the effects of the emergency. (Gov. Code, §§ 8567 & 8571...

 

 

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