Latest updates

COVID-19: restructuring and corporate recovery measures
Ogier
  • Insolvency & Restructuring
  • Jersey
  • 05 June 2020

Most employees in the Jersey financial services industry are working from home and there has been no interruption to business continuity for the sector due to the COVID-19 crisis. Further, the Jersey Financial Services Commission has confirmed that while its physical premises are closed, a flexible business continuity strategy is being implemented. This article sets out potential insolvency reforms which may be implemented in the financial services sector with respect to local, regulated and international business.

IRS flexes its administrative summons power in recent tax case
McDermott Will & Emery
  • Corporate Tax
  • USA
  • 05 June 2020

A recent US Court of Appeals for the 10th Circuit decision underlines the Internal Revenue Service's ability to obtain information that it needs to examine taxpayers' returns using its powerful summons tool. To be successful in defending against a summons, taxpayers must ensure that they have a strong case – for example, non-disclosure based upon a privilege claim.

California attorney general submits CCPA regulations for approval
Hogan Lovells
  • Tech, Data, Telecoms & Media
  • USA
  • 05 June 2020

The California attorney general recently submitted the final text of the California Consumer Privacy Act regulations to the California Office of Administrative Law for approval. Although regulations submitted to the Office of Administrative Law in June 2020 ordinarily would not become effective – if approved – until 1 October 2020, the attorney general has requested an expedited review.

Significant insolvency reform for United Kingdom: Corporate Insolvency and Governance Bill
Taylor Wessing
  • Insolvency & Restructuring
  • United Kingdom
  • 05 June 2020

The much-anticipated Corporate Insolvency and Governance Bill was published on 20 May 2020. The proposed legislation is split into two broad categories: temporary provisions brought about as a result of COVID-19 and permanent provisions which will result in fundamental changes to UK insolvency law. The proposals, both temporary and permanent, reflect a shift towards a more debtor-friendly regime.

Latest MELANI report – most important cyber incidents in second half of 2019
Walder Wyss
  • Tech, Data, Telecoms & Media
  • Switzerland
  • 05 June 2020

The Reporting and Analysis Centre for Information Assurance recently published its latest semi-annual report regarding the most important cyber incidents and cyber risks of the second half of 2019 in Switzerland and abroad. The report contains several practical recommendations for individuals and companies to improve their protection against cyberattacks.

State of emergency's impact on North Macedonian Competition Authority operations
Schoenherr
  • Competition & Antitrust
  • North Macedonia
  • 04 June 2020

Owing to the state of emergency declared due to the COVID-19 pandemic, the government adopted the Regulation on the Implementation of the Administrative Proceedings Act During the State of Emergency, which affected the timeline of proceedings before the North Macedonian Competition Authority (NMCA). This article outlines the regulation's practical implications for the NMCA's operations.

New minimum wage regime
Rato, Ling, Lei & Cortés Advogados
  • Private Client & Offshore Services
  • Macau
  • 04 June 2020

Amid the global COVID-19 crisis, the Legislative Assembly has approved Law 5/2020 on workers' minimum wage, which aims to protect workers and avoid overly low salaries. The new law has expressly revoked the minimum wage for cleaners and security workers in the property administration industry and is the first almost-universal regulation to set a minimum wage in Macau.

COVID-19: summary of legislation enacted in relation to corporate regulations and businesses
Lennox Paton
  • Private Client & Offshore Services
  • Bahamas
  • 04 June 2020

In response to the COVID-19 pandemic, the governor general declared a public state of emergency and implemented the Emergency Powers (COVID-19) Regulations 2020. Pursuant to the regulations, the prime minister implemented the Emergency Powers (COVID-19) (2) Order 2020 and the Emergency Powers (COVID-19) (Special Provisions) Order 2020. This article provides a summary of the provisions contained in the orders.

Competition Commission adopts measures amid COVID-19 pandemic to facilitate filings and hearings
Vellani & Vellani
  • Competition & Antitrust
  • Pakistan
  • 04 June 2020

In light of the COVID-19 pandemic, Pakistan has been under a nationwide lockdown since 23 March 2020. As such, the Competition Commission recently launched an online M&A application filing system to facilitate local and foreign stakeholders with mergers, acquisitions and joint ventures. Further, in order to continue its regular functions amid the pandemic, the Competition Commission has resumed hearings by allowing parties to participate through videoconferencing.

Grand Court successfully responds to COVID-19 challenges
Ogier
  • Private Client & Offshore Services
  • Cayman Islands
  • 04 June 2020

The substantive hearing of a winding-up petition which was successfully conducted via videoconferencing shows that the Grand Court is responding effectively to the challenges of the COVID-19 pandemic. The Grand Court's apparent seamless adaptation to these challenging times is a testament to its well-established technological capabilities, given that judges have frequently presided over interlocutory hearings by video link from abroad in the past.

Court of Appeal clarifies principles for determining law of arbitration agreement
Clifford Chance
  • Arbitration & ADR
  • United Kingdom
  • 04 June 2020

In a recent decision, the Court of Appeal granted an anti-suit injunction restraining the defendants from pursuing Russian court proceedings in breach of a London arbitration clause. In reaching this decision, the court clarified the principles for ascertaining the law governing an arbitration agreement where the contract does not contain an express choice of such law and the main contract law differs from the law of the seat.

Anti-arbitration injunctions: use and controversy
Khaitan & Co
  • Arbitration & ADR
  • India
  • 04 June 2020

While anti-suit injunctions are typical court-ordered injunction orders which restrain the parties from initiating or continuing legal action in foreign courts, anti-arbitration injunctions are specific orders which prohibit parties from initiating or continuing arbitration proceedings. As the Indian courts may assume jurisdiction and grant anti-arbitration injunctions even though they seem to weaken the competence-competence principle, these injunctions are highly controversial.

Application and interpretation of Article IV of New York Convention
George Z Georgiou & Associates LLC
  • Arbitration & ADR
  • Cyprus
  • 04 June 2020

In recent years there has been a substantial number of cases in which the courts have had to determine whether applicants seeking the recognition and enforcement of an arbitral award have complied with the requirements set out in Article IV of the New York Convention, which the Supreme Court has ruled must be strictly satisfied. The principles highlighted in this article should help to shed light on the courts' interpretation and application of Article IV.

COVID-19: restructuring and corporate recovery measures
Ogier
  • Private Client & Offshore Services
  • Jersey
  • 04 June 2020

Most employees in the Jersey financial services industry are working from home and there has been no interruption to business continuity for the sector due to the COVID-19 crisis. Further, the Jersey Financial Services Commission has confirmed that while its physical premises are closed, a flexible business continuity strategy is being implemented. This article sets out potential insolvency reforms which may be implemented in the financial services sector with respect to local, regulated and international business.

Sickness and sick pay – FAQs for employers as COVID-19 lockdown restrictions ease
Lewis Silkin
  • Employment & Immigration
  • United Kingdom
  • 03 June 2020

The government has set out its roadmap for gradually easing the COVID-19 lockdown restrictions, but as employees begin to return to work, there will continue to be many individuals who are unwell or required to self-isolate. This article answers some of the most frequently asked questions about sickness absence and sick pay during the ongoing COVID-19 pandemic, including the rules on statutory sick pay and the position of people who are self-isolating, shielding or otherwise vulnerable.

Amended Patented Medicines Regulations will come into force on 1 January 2021
Smart & Biggar
  • Healthcare & Life Sciences
  • Canada
  • 03 June 2020

The Patented Medicine Prices Review Board recently announced that the amended Patented Medicines Regulations will now come into force on 1 January 2021. Further, a revised set of draft guidelines will be published during the week of 15 June 2020, followed by a 30-day consultation period.

COVID-19: guide for US businesses
McDermott Will & Emery
  • Employment & Immigration
  • USA
  • 03 June 2020

With the COVID-19 pandemic continuing to affect every facet of life, businesses have much to consider. This article covers the provisions available to employers in the United States and the key questions that they are asking, including topics such as the Families First Coronavirus Response Act, furlough, access to the workplace, reductions in hours and employers' obligations concerning employees who are experiencing symptoms.

How does EPO opinion on patentability of plants and animals affect South Africa?
ENSafrica
  • Healthcare & Life Sciences
  • South Africa
  • 03 June 2020

The European Patent Office Enlarged Board of Appeal may have ended the debate on the patentability of plants and animals which are exclusively obtained by essentially biological processes by ruling that these are not patentable. If South Africa follows the board's interpretation, where essentially biological processes such as natural breeding techniques have been used to produce a plant or animal product, such a plant or animal product (and the process for producing the plant or animal) will not be patentable.

Employer-employee relationships amid COVID-19 pandemic
Obeid Law Firm
  • Employment & Immigration
  • Lebanon
  • 03 June 2020

The government has adopted exceptional measures to manage the spread of COVID-19. These measures have had an unprecedented impact on employers and employees, which have been adjusting to the rapidly changing situation triggered by the pandemic and the national economic crisis. Faced with the intensifying economic impact of both crises, business owners have been forced to introduce adequate changes to the way in which they work.

Extraordinary employment-related measures in fight against COVID-19: regulatory update
CMS Albiñana & Suárez de Lezo
  • Employment & Immigration
  • Spain
  • 03 June 2020

The government has adopted several extraordinary employment-related measures in response to the COVID-19 pandemic. Moreover, since a state of emergency was declared, Spain's employment authorities have published countless guidelines and instructions relating to the practical application of such measures. This article summarises the key employment-related measures adopted since the state of emergency declaration.

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