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Relying on the Doctrine of Frustration During a Pandemic
Shearn Delamore & Co., July 2020

In this article, Aisyah Muhammad discusses whether a party to a contract can rely on the doctrine of frustration in the event of the non-performance of its contractual obligations during the Covid-19 pandemic. Introduction The emergence of the highly contagious Covid-19 virus has without a doubt caused major disruptions across various industries including transportation, retail, tourism and oil and gas...

Of A$$holes, Art and Alternative Asset Classes
TSMP Law Corporation, July 2020

What lies in the new frontier of investment regulation? On May 26, the New York Times reported that the US Justice Department had dropped investigations into three US senators’ stock trades conducted shortly after they had been privately briefed on the novel coronavirus in January. The politicians had dumped millions of dollars of shares in Exxon Mobil, tech giants and real estate companies, some of which later lost value when markets plunged...

Uruguay: Antitrust Premerger Control in Full Force
Guyer & Regules, July 2020

The new prior authorization regime for economic concentrations in Uruguay passed by Congress in 2019 is in force since April 2020 and therefore premerger control is since mandatory for a large set of transactions involving Uruguay. The Uruguayan Antitrust Commission has recently published the form for market participants to request antitrust authorization...

Bulgaria COVID-19 Tracker
Boyanov & Co., July 2020

Business in Bulgaria is experiencing a challenging legal environment in the context of rapidly changing emergency measures dealing with the COVID-19 pandemic. We have prepared a summary of the key legal measures affecting business in the BULGARIA COVID-19 TRACKER. It will be updated daily, as necessary. Please check regularly for updates. If you have questions, please contact a member of our C19 Task Force...

Indo-Japanese Business Corridor- Foreign Entities Acquiring Real Estate in India
Kochhar & Co. Advocates & Legal Consultants, July 2020

Overview - The article lays forth the framework of laws concerning acquisition of real estate in India. The Constitution of India has empowered both Union Government (as known as the Central Government) as well as the State Governments to legislate laws dealing with various facets of immoveable property in India...

Should I File for My Trademark + '.COM?' It Depends
Dinsmore & Shohl LLP, July 2020

In an 8-1 decision delivered by Justice Ruth Bader Ginsburg in the much-anticipated BOOKING.COM case, the U.S. Supreme Court has held that in some circumstances, a generic word combined with “.com” can be a protectable trademark. Generic marks are not eligible for trademark protection and are not actually marks at all. Instead, they are essentially the name for the product/service or type of product/service at issue...

S Corporations, Partnerships, and LLCs
Bradley Arant Boult Cummings LLP, July 2020

The owners of multistate businesses must consider a multitude of factors when deciding how to structure their business ventures, and state taxation cannot be overlooked. The accompanying charts can assist in that evaluation for limited liability companies (LLCs) and limited liability partnerships (LLPs). In recent years, LLCs and, to a lesser extent, limited partnerships and LLPs, have become the popular choice for structuring or re-structuring multistate business entities...

Merger Control Regime in Malaysia
Shearn Delamore & Co., June 2020

Many jurisdictions have put in place legislation to regulate merger activities. There have been discussions that it is high time for Malaysia to implement a general merger control regime under the Malaysian Competition Act 2010. As it presently stands, general merger activities which do not fall within two specific sectors (will be discussed below) are not regulated and no prior sanction is required from the Competition Commission before a merger transaction takes place...

Why Incorporate your Startup in Panama?
Morgan & Morgan, June 2020

In the corporate world, there is a novel type of enterprise labeled “startup,” which is known for its rapid growth, partly, because of the fact that it is highly related to the general use of information and communications technologies (ICTs) and the latest business trends...

Unprecedented: COVID-19 Litigation Trends, Issue 13
Spilman Thomas & Battle, PLLC, June 2020

This 13th edition of Unprecedented, our weekly update on COVID-19-related litigation brings new developments in everything from constitutional law to tort liability. Shutdown cases show no signs of slowing down, and it seems probable that more will follow as some states reverse reopening plans in response to coronavirus outbreaks...

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...

Synthetic W&I Solutions Post Covid-19
Shoosmiths LLP, June 2020

We are seeing an increase in the use of warranty and indemnity insurance (W&I) on transactions, which is a theme we expect to continue as buyers target companies that are in financial distress in the wake of Covid-19. W&I has become commonplace in the UK M&A market as a way to ‘bridge the gap’ between buyer and seller when allocating risk...

Fed. Circ. Inserso Ruling Brings Bid Protest Considerations
Bradley Arant Boult Cummings LLP, June 2020

In a split decision with far-reaching implications for both government contractors and the private bar, the U.S. Court of Appeals for the Federal Circuit, in Inserso Corporation v. U.S., recently addressed timeliness and waiver issues in the bid protest context. The facts of this significant case, the majority and dissenting opinions, as well as key takeaways for federal contractors and their attorneys, are discussed below. The Facts The U.S...

The Commission for the Financial Market Dictates General Rule No. 443 that Exempts from the Presentation of Certain Documents in the Submissions Presented to the CMF for the Registration of Public Offers of Securities and Amends General Rule No. 30
Carey, June 2020

The Commission for the Financial Market (“CMF”), issued the General Rule No. 443, dated June 15, 2020 (the “NCG 443”), in order to establish the requirements to temporarily exempt from the presentation of certain documentation in the applications for registration of public offers of securities, and to permanently amend the General Rule No...

U.S. Copyright Office Issues Final Regulation Regarding Short Online Literary Works
Dykema, June 2020

The U.S. Copyright Office has issued a final regulation (37 CFR §202.4) permitting a single, “group” registration for “Short Online Literary Works.” To be eligible, each of the works included in the registration “must be published as part of a website or online platform, including online newspapers, social media websites, and social networking platforms...

Real Time COVID-19 Bulletin - Week of June 22-26
Brigard Urrutia, June 2020

Free way to different sports disciplines, among them, the practice of Golf. The Ministry of Sports issued Resolution 632 of 2020, approving the specific biosafety protocol for playing Golf that was presented by the Colombian Golf Federation. The protocol describes the measures that the clubs must implement on the golf courses for their reopening, for recreational practice, and exclusively covers the complex of facilities inherent in a standard golf course...

The Supreme Court Upholds the SECs 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...

Unprecedented: COVID-19 Litigation Trends, Issue 12
Spilman Thomas & Battle, PLLC, June 2020

This 12th edition of Unprecedented, our weekly update on COVID-19-related litigation brings new developments in labor and employment cases, consumer protection cases, and civil rights litigation. Price gouging and fraud for personal protective equipment (particularly N95 masks) remain major focuses, with manufacturers, retailers, and governments all taking action...

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...

Repricing Underwater Stock Options
Hanson Bridgett LLP, June 2020

Key Points Before undertaking a stock option repricing program, consider the tax impact on employees holding incentive stock options (ISOs) Additionally, consider the corporate and securities laws that govern repricing programs Introduction Stock options are a vital form of compensation at a wide range of privately-held companies.1 Stock options are intended to motivate employees to drive stockholder value and are used as an employee retention tool...

Buchalter COVID-19 Client Alert: Treasury Issues New PPP Interim Final Rule, and Revised Long Form and New Short Form EZ Forgiveness Application and Instructions
Buchalter, June 2020

To implement the changes to the PPP program contained in the recently enacted PPP Flexibility Act, Treasury has issued a new Interim Final Rule (IFR).  It has also issued a revised forgiveness application form, worksheet and instructions, and a new expedited (EZ) forgiveness application form and instructions that can be used by certain borrowers.  Links to those documents can be found below...

Dont be a Mark in a Trademark Scam Signs of a Scam
Dinsmore & Shohl LLP, June 2020

What are trademark scams? Many scam artists attempt to solicit money from trademark owners by sending notices that appear to be authentic but are meant to mislead or fraudulently induce payment for unnecessary or nonexistent services. Unfortunately, because trademark filings are a matter of public record, many bad actors utilize the filing information to prey upon the owners by seeming legitimate. An example of a widely -known scam is shown below...

Economic Substance Notification Deadlines
Afridi & Angell, June 2020

The UAE has introduced Cabinet Resolution 31 of 2019 (as amended) (the Economic Substance Regulations) which apply to UAE onshore and free zone entities that undertake, and earn an income from, any of the Relevant Activities (listed below): Banking Business Insurance Business Investment Fund Management Business Shipping Business Holding Company Business Lease-Finance Business Distribution & Service Centre Business Headquarters Business Intellectual Property Business The Re

Real Time COVID-19 Bulletin - Week of June 15, 2020
Brigard Urrutia, June 2020

Bogotá DC Mayor's Office is preparing a package of new measures for the city The Bogota City Hall has advanced a series of new measures in order to continue fighting the expansion of COVID-19. Particularly, the orange alert has been declared in the hospital system of Intensive Care Units, with which, the District Health Secretariat will give guidelines on patient care and will manage their referral to ICUs...

 

 

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