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That Un-Masked Man: Can a Business Ask a Customer Who Refuses to Wear a Mask Because of a Disability to Leave?
Bradley Arant Boult Cummings LLP, August 2020

In the COVID-19 era, many employers and businesses are wrestling with unprecedented issues...

IRS Confirms Use of COVID-19 Leave-Sharing Plans
Bradley Arant Boult Cummings LLP, August 2020

The Internal Revenue Service (IRS) has recently published frequently asked questions addressing leave-sharing plans related to the COVID-19 pandemic. Following IRS Notice 2006-59, the IRS has confirmed that employers may set up leave-sharing plans to permit their employees to deposit leave in an employer-sponsored leave bank for use by other employees who have been adversely affected by the COVID-19 pandemic...

Office of the Future: COVID-19 is Changing How and Where we Work
Waller, August 2020

COVID-19 is having a transformational impact on American workplaces, which has short- and long-term consequences. Waller partners Bo Campbell and Aron Karabel join this episode to address the transformation. Campbell, a leader on Waller's real estate team, discusses the impacts on commercial leasing and how the work-from-home phenomenon will impact office trends and future development projects. Here is a transcript of the conversation: Morgan Ribeiro, Host Welcome to PointByPoint...

Physician Practice M&A: A Pandemic-Inspired 6-Step Checklist for Sellers
Waller, August 2020

As healthcare providers pursue transactions during and in the wake of COVID-19, both buyers and targets should prepare for heightened scrutiny during the due diligence process. Getting organized ahead of a sale can dramatically expedite timelines and reduce deal fatigue for all parties, particularly in light of the heavier-than-normal due diligence process as a result of the pandemic. Click here for a full PDF of this report...

Federal Court Strikes Down Portions of Department of Labor’s Final Rule On COVID-19 Leave, Expands Coverage
Hunton Andrews Kurth LLP, August 2020

On August 3, 2020, the United States District Court for the Southern District of New York struck down portions of the DOL’s Final Rule regarding who qualifies for COVID-19 emergency paid sick leave under the Emergency Paid Sick Leave Act (“EPSLA”) and the Emergency Family and Medical Leave Expansion Act (“EFMLEA”), collectively referred to at the Families First Coronavirus Response Act...

New Rules on Temporary Unemployment as of 1 September 2020: Start Making Preparations Now
ALTIUS/Tiberghien, August 2020

From 1 September 2020, new rules on temporary unemployment will enter into force.  Companies and sectors that are substantially impacted by the Covid-19 crisis can continue to apply the current and simplified ‘Covid-19 force majeure’ temporary unemployment regime until 31 December 2020. The list of in-scope sectors is yet to be determined by the Minister of Work...

EU Recovery Prospectus - Planned Facilitation of the Equity Issuance through an Abridged Securities Prospectus
Heuking Kühn Lüer Wojtek, August 2020

In order to tackle the effects of the Corona crisis, it is planned at EU level to temporarily facilitate the raising of equity capital for companies. This will enable certain issuers to publish a shortened prospectus with only 30 pages instead of a full prospectus to issue shares. Through this, issuers will have the option to issue shares at short notice, without bureaucracy and inexpensively, thereby improving the debt-to-equity ratio in their balance sheets...

The Pros and Cons of the Small Business Reorganization Act of 2019
Bradley Arant Boult Cummings LLP, August 2020

Effective February 19, 2020, Congress enacted new bankruptcy legislation granting debtors the option to elect a new subchapter V of chapter 11 of the bankruptcy code (Subchapter V). This was made possible by the bipartisan legislation known as the Small Business Reorganization Act of 2019 (SBRA). 1 Small Business Reorganization Act (SBRA) of 2019, Pub. L. No. 11654, 133 Stat. 1079. Unless otherwise stated, all statutory references are to the Bankruptcy Code, 11 U.S.C...

Are Parts of Paid COVID-19 Leave Regulations in Jeopardy? Federal Court Rejects Parts DOL’s FFCRA Regulations, Employers Brace for Possible Fallout
Dykema, August 2020

On Monday, August 3, 2020, a New York federal judge issued a decision invalidating portions of the DOL’s regulations implementing the Families First Coronavirus Relief Act (“FFCRA”). The decision’s impact changes the legal landscape employers confront as they strive to comply with the FFCRA—a landscape that is unstable as the DOL and the courts sort out the legality of the disputed regulations...

Feasibility of Organizing a Startup as Limited Liability Entrepreneurship Company
Morgan & Morgan, August 2020

On July 22, 2020, the National Assembly approved, after a third debate, Draft Law No. 83 (the “Draft Law”), which regulates limited liability entrepreneurship companies (the “LLECs”) in Panama, and is now awaiting the signature (or veto) of the President of the Republic...

Superintendence of Non-Financial Regulated Persons Issues New Regulations in Relation to Attorneys and Accountants
Morgan & Morgan, August 2020

Panama, 24 July 2020. By means of Rule JD-01-2020, published in the Official Gazette No. 29076 of 24 July 2020, the Superintendence of Non-Financial Regulated Persons (SNFR) has established a set of rules and obligations imposed to attorneys and accountants whenever they incur in any of the regulated activities under Law 23 of 2015, which relates to prevention of money laundering, financing of arms of mass destruction and financing of terrorism...

Corporate Services Department Client Bulletin: Recent SEC Issuances
SyCip Salazar Hernandez & Gatmaitan, August 2020

This is a briefing of the latest COVID-19 related issuances of the Securities and Exchange Commission (“SEC”) as of 8 July 2020: A.1. Filing of General Information Sheet (“GIS”) and Audited Financial Statements (“AFS”) A.2. Extension of Deadline for Filing of AFS of Corporations within the Jurisdiction of SEC Cebu Extension Office B...

Coronavirus Digest: Patents and Other Intellectual Property Rights
PLMJ, August 2020

The world is desperately seeking a vaccine and treatments against COVID-19 and the answer will also be found in intellectual property. For this reason, PLMJ and Inventa International have joined forces to prepare a Digest on these issues that is continuously updated...

COVID-19 “Safe Harbour” Not for Sinking Ships
MinterEllisonRuddWatts, August 2020

Director’s personal liability for company tax debts On 10 July 2020, Inland Revenue issued a public ruling (the Ruling) considering the application of the asset stripping rules (under which directors and shareholders may be personally liable for company tax debts) in the context of the recently enacted exception to certain directors’ duties under the Companies Act 1993 (the Safe Harbour)...

When is a Financial Institution not a Financial Institution? When it’s Wirecard
TSMP Law Corporation, August 2020

How Wirecard skirted regulatory scrutiny by jurisdiction-shopping and canny intra-group structuring. It would have been the quintessential business success story. Founded in Munich in 1999, this small payment processor for online gambling and pornography sites grew so massive that, by 2018, it had displaced Commerzbank from Germany’s prestigious Dax 30 index. At its peak, the juggernaut was valued at more than €24 billion (S$38.6 billion)...

Buchalter COVID-19 Client Alert: Main Street Lending Program and Other Federal Reserve Emergency Lending Facilities Extended to December 31, 2020
Buchalter, July 2020

On July 28, the Federal Reserve announced that many of its emergency lending facilities, including the Main Street Lending Program’s New Loan Facility, Priority Loan Facility, Expanded Loan Facility, Nonprofit Organization New Loan Facility and Nonprofit Organization Expanded Loan Facility, are being extended to December 31, 2020.  The facilities were previously scheduled to be available until on or about September 30, 2020...

Unprecedented: Guiding Organizations Through COVID-19
Lawson Lundell LLP, July 2020

Unprecedented. Have you heard that word a lot in the past 4-5 months? Not surprisingly, the word ‘unprecedented’ is the default word to describe society’s reaction to COVID-19, its effects on our healthcare systems, our behaviours, our compliance (or not) with government directives and guidelines, and the impact to our economy and economic well-being. This is, in our lifetimes, the most rapid response to a threat on a global level...

California Issues New COVID-19 Employer Playbook for a Safe Reopening
Hanson Bridgett LLP, July 2020

On July 24, 2020, the California Department of Public Health issued a new guidance document for all employers within California, entitled “COVID-19 Employer Playbook For a Safe Reopening...

Panama: The World of Turnkey Contracts, Partial Payment Accounts and Certificates of No Objection
Morgan & Morgan, July 2020

For a long time, we have heard in different social media, for various reasons, some more positive than others, information related to Turnkey Contracts and the State indebtedness resulting from the Partial Payment Accounts (in Spanish, “Cuentas de Pago Parcial”) and Certificates of No Objection (in Spanish, “Certificados de No Objeción”)...

Boring but Important: New Law Requires Applicant Type and Place of Incorporation on Trade Mark Filing
Deacons, July 2020

Did you know? The Trade Marks (Amendment) Ordinance 2020 (the “Amendment Ordinance”) recently came into effect in Hong Kong on 19 June 2020. The purpose of the legislation is to bring in the Madrid Protocol in Hong Kong and also to enhance the trade mark registration system...

Emergency Parental Leave is Published
Carey, July 2020

On Monday July 27th, Law No. 21,247 which establishes special benefits for some parents and children’s guardians (the “Law”) in the context of the COVID-19 pandemic, was published on the Official Gazette. The main aspects regulated by the Law, are the following:   I. Preventive parental leave It consists in the granting of preventive leave for taking care of children whose parents were making use of the parental postnatal leave...

The Creation of a Startup in Panama
Morgan & Morgan, July 2020

An entrepreneur has a lot to consider when starting a new business...

IRS Provides Rules for W-2 Reporting of COVID Paid Leaves
Hanson Bridgett LLP, July 2020

Key Points Small employers (with fewer than 500 employees) and governmental employers who are required to provide employees with paid sick and expanded family leave related to COVID-19 are required to report the amounts paid on Form W-2. IRS guidance provides information about how to report paid leave on employees’ Forms W-2...

Evolving M&A Trends: Private Equity Transactions Amid the COVID-19 Crisis
DFDL, July 2020

This article first appeared on the website of the Corporate and M&A Law Committee of the Legal Practice Division of the International Bar Association (here), and is reproduced by kind permission of the International Bar Association, London, UK. © International Bar Association.  The Covid-19 pandemic has pushed countries across the world into an unprecedented humanitarian and economic crisis...

Supreme Court Orders Cancellation of Automatic Sick Leave Certificates for Quarantined Employees
Fischer Behar Chen Well Orion & Co., July 2020

In March, due to the spread of the coronavirus (COVID-19) the Ministry of Health established that an employee required to quarantine at home in accordance with Ministry of Health guidelines would automatically receive a sick leave certificate which could present to the employer and receive sick pay for the quarantine period...

 

 

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