Latest updates

British National (Overseas) visa scheme and Hong Kong to United Kingdom migration
Lewis Silkin
  • Employment & Immigration
  • United Kingdom
  • 08 July 2020

The government recently announced its commitment to establishing a new visa scheme for all British National (Overseas) persons and their dependants. The visa will provide a readily available opportunity for millions of Hong Kong residents to move to the United Kingdom more easily and honours the United Kingdom's historic commitment to Hong Kong.

COVID-19: government financial support for employers
Ogier
  • Employment & Immigration
  • Jersey
  • 08 July 2020

This article outlines the financial support available to employers in Jersey that have been adversely affected by measures introduced to manage the spread of COVID-19. Such support includes the payroll co-funding scheme and the deferral of social security contributions.

Discharging cargo from ships that are under arrest
Shearn Delamore & Co
  • Shipping & Transport
  • Malaysia
  • 08 July 2020

Malaysian law permits the discharge of cargo on board a ship that is under arrest when the cargo itself is not. The discharge of the cargo will be at the expense of the intervener that asserts its rights over the cargo – namely, the cargo interest. Applications of this nature are usually filed and heard on an urgent basis by way of a certificate of urgency.

Reopening your workplace after lockdown: 10 key questions
ALTIUS
  • Employment & Immigration
  • Belgium
  • 08 July 2020

With the exit from lockdown in full swing, many companies are recalling their staff to the workplace. This article answers 10 FAQs that employers, business managers and HR specialists must consider during their employees' return to work, including what are employers' health and safety obligations, must employers consult staff or employee representatives on their health and safety measures and do fines or penalties for non-compliance exist?

Financial support for self-employed extended in line with employee furlough scheme
Lewis Silkin
  • Employment & Immigration
  • United Kingdom
  • 08 July 2020

The government's Coronavirus Self-Employment Income Support Scheme has been extended to provide a second three-month grant for self-employed individuals affected by COVID-19 after 13 July 2020. The value of the second self-employed grants has been reduced to 70% of trading profit for three months. The government has made it clear that financial support cannot continue indefinitely, and that this will be the final grant instalment under the self-employed scheme.

Court rules that 'fear of loss' does not constitute damage under CMR
AKD
  • Shipping & Transport
  • Netherlands
  • 08 July 2020

Under the Convention on the Contract for the International Carriage of Goods by Road (CMR), carriers are liable for the total or partial loss of goods or damage to goods that occurs between the carrier taking charge of the goods and delivery. The Court of Amsterdam recently held that the word 'damage' in the relevant sections of the CMR presumes substantial physical change to the state of the goods and ruled out, in this case, that a broken seal on a container represented damage.

Anti-discrimination Act disputes: full and final settlements
Norrbom Vinding
  • Employment & Immigration
  • Denmark
  • 08 July 2020

The Western High Court recently ruled that an employee who had entered into a severance agreement – and was represented by her professional organisation during this process – was barred from claiming compensation under the Anti-discrimination Act. Pursuant to this ruling, employers should bear in mind that when a severance agreement contains a provision in full and final settlement of any possible claims between the employee and employer, the provision must be interpreted according to its wording.

Guidelines on preventing COVID-19 in the workplace
CGM Advogados
  • Employment & Immigration
  • Brazil
  • 08 July 2020

The Ministry of the Economy and the Ministry of Health recently published Joint Ordinance Number 20, which provides the measures that employers must observe in order to prevent, control and mitigate the risk of COVID-19 transmission in their workplaces. This article highlights what employers need to know about the joint ordinance.

ANP amends rule for maritime transport of oil exports
Kincaid | Mendes Vianna Advogados
  • Shipping & Transport
  • Brazil
  • 08 July 2020

The National Petroleum Agency recently published a resolution regulating the bulk transportation of oil and its derivatives, natural gas and biofuels by water, including deep-sea navigation, cabotage and maritime, port and inland support. According to the new resolution, waterway transportation for export purposes must be carried out by Brazilian companies.

Preparing for the unknown: how to anticipate and address future workplace problems
McDermott Will & Emery
  • Employment & Immigration
  • USA
  • 08 July 2020

The COVID-19 pandemic has put unprecedented strain on organisations of all sizes across all industries. The uncertainty of the new normal is leading some employers to consider extreme, and often unnecessary, new policies in anticipation of the eventual return to work. This article focuses on strategies for employers to anticipate and address future workplace problems which may arise once employees return to work.

Impact of COVID-19 crisis on liquid and illiquid funds and their managers
NautaDutilh Avocats Luxembourg S.à r.l.
  • Banking & Financial Services
  • Luxembourg
  • 07 July 2020

Due to the capital markets conditions caused by the COVID-19 crisis, liquid funds may need to activate their gating provisions in order to limit redemptions, in accordance with the terms of the fund's prospectus. Further, illiquid funds, such as private equity and loan-originating funds, should consider whether the COVID-19 crisis could constitute a material adverse effect under agreements or deals that have yet to close. This article examines the impact of COVID-19 on liquid and illiquid funds and their managers.

Recent amendments to Foreign Exchange and Foreign Trade Act
Nagashima Ohno & Tsunematsu
  • Banking & Financial Services
  • Japan
  • 07 July 2020

In light of the global trend to further regulate foreign direct investments from a national security viewpoint, the Foreign Exchange and Foreign Trade Act of Japan (FEFTA) and regulations thereunder were recently subject to amendments which drew particular attention from Japanese stock market participants concerned about the potential negative impact thereof. This article provides a brief explanation of the amendments to the FEFTA.

Insurance premium tax: Federal Ministry of Finance issues guidelines on determination of policyholders
Arnecke Sibeth Dabelstein
  • Insurance
  • Germany
  • 07 July 2020

The Federal Ministry of Finance recently issued guidelines on the determination of policyholders who are persons of relevance for insurance premium tax (IPT) as their registered office in Germany might trigger IPT. These guidelines are especially relevant for vessel and aircraft insurance and English-language policies.

Use of customs information in relation to parallel imports
AKD
  • Litigation
  • Netherlands
  • 07 July 2020

The Hague District Court recently had to answer the question of whether information acquired during a customs seizure under the EU Anti-piracy Regulation may be used for an unauthorised parallel import claim. The regulation provides an effective means and procedure for IP rights holders to request Customs to intercept consignments suspected of containing counterfeit or pirated goods and to have said goods destroyed.

DOJ updates roadmap to effective compliance programmes
Hogan Lovells
  • White Collar Crime
  • USA
  • 06 July 2020

The US Department of Justice (DOJ) has updated its guidance on the Evaluation of Corporate Compliance Programmes, providing increased clarity on some of the key questions that prosecutors ask in assessing the adequacy of corporate compliance programmes when making charging, sentencing and plea and settlement decisions. The guidance helps companies to proactively create or enhance their compliance programmes and effectively advocate before the DOJ in criminal investigations.

ComCo opens up gas market in central Switzerland
Lenz & Staehelin
  • Energy & Natural Resources
  • Switzerland
  • 06 July 2020

The Swiss Competition Commission (ComCo) recently reviewed whether Energie Wasser Luzern Holding AG and Erdgas Zentralschweiz AG had a dominant position in the natural gas market and whether their refusal to grant grid access qualified as an unlawful refusal to deal. The undertakings ultimately concluded a consensual settlement with ComCo which – combined with the future Gas Supply Act – will likely improve competition in the gas supply market.

Seizure of goods before liquidation directorate: an effective way to combat counterfeiting activities
Deriş Patents and Trademarks Agency
  • Intellectual Property
  • Turkey
  • 06 July 2020

Although customs recordals are one of the most efficient ways to combat counterfeiting activities in Turkey, if goods are smuggled and suspended by customs officers or the police ex officio under the Anti-smuggling Law, IP rights holders cannot act against any suspected counterfeiting activities. However, sales of counterfeit goods may be prevented if IP rights holders are aware of the suspended goods before the directorate general of liquidation and report any suspected infringements expeditiously.

Possible fallout from Obinwanne Okeke's guilty plea to US charges
Sofunde Osakwe Ogundipe & Belgore
  • White Collar Crime
  • Nigeria
  • 06 July 2020

Nigerian entrepreneur Obinwanne Okeke has pleaded guilty to a computer-based intrusion fraud scheme. More than $11 million is said to have been traced to the ring, and it has been claimed that Okeke used proceeds from these activities to establish legitimate business enterprises in Nigeria. This follows from reports in 2019 that the Federal High Court in Lagos ordered that N280,500,000 in two bank accounts in Okeke's name be forfeited to the Nigerian government.

French patents can now be opposed before INPI
GEVERS & ORES
  • Intellectual Property
  • France
  • 06 July 2020

Since 1 April 2020 it has been possible to file an opposition to invalidate a French patent directly with the National Industrial Property Institute. Previously, such invalidations had to go through a procedure before the Court of Paris, which created a number of disadvantages – for example, the request was examined by judges without scientific knowledge and required representation by an attorney at law. The length of these legal proceedings, although short, was also a hurdle.

Shop Safe Act 2020: new tool for brand owners in fight against online counterfeits?
Venable LLP
  • Intellectual Property
  • USA
  • 06 July 2020

A bipartisan group of representatives in the US House of Representatives recently introduced the Stopping Harmful Offers on Platforms by Screening Against Fakes in E-Commerce Act to help stem the growing concern over counterfeit products being offered for sale on online third-party marketplace e-commerce platforms. Although e-commerce is a relatively new retail platform, it has been capturing larger percentages of sales in the US retail industry.

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