Table of contents
2.1. Chart 1: top 10 Lexology work areas with most COVID-19-related content 4
2.2. Chart 2: cumulative total of COVID-19-related articles published in key Lexology work areas. 5
2.3. Chart 3: total COVID-19-related articles published in key jurisdictions. 6
3. Key legal issues this week. 7
5.1. Africa & the Middle East 11
5.1.1. Corporate & Commercial 11
5.1.2. Employment & Immigration. 11
5.2.1. Competition & Antitrust 12
5.2.2. Employment & Immigration. 12
5.3.1. Competition & Antitrust 12
5.3.2. Employment & Immigration. 13
5.4. Latin America & the Caribbean. 14
5.4.2. Private Client & Offshore Services. 14
5.5.1. Employment & Immigration. 14
5.6. United Kingdom & the Channel Islands. 15
5.6.1. Employment & Immigration. 15
5.6.2. Insolvency & Restructuring. 15
As we begin to look forward, clear return-to-work policies and procedures which focus on keeping employees safe from infection will be imperative for all businesses looking to avoid potential disputes.
The next section summarises some of the most pressing legal issues faced by our in-house counsel audience over the past week.
We endeavour to develop and refine the content of these weekly reports over time to ensure utmost relevance and usefulness to readers' daily practice.
Below is a weekly summary of the latest trends regarding COVID-19, as identified by Lexology readers and contributors.
Chart 1 provides a summary of the top 10 most popular Lexology work areas between 1 June and 7 June, as compared to the previous week. This week we have seen a considerable uptick in employment, capital markets and data content. The most significant uptick (ie, capital markets content) is likely a result of the Securities and Exchange Commission issuing warnings about potential pandemic-related disclosures, fraud and disruptions to the financial markets.
Chart 2 sets out the cumulative total of COVID content within key Lexology work areas. As shown here, the three work areas with the most COVID-19 content are Employment, Banking and Company & Commercial.
Chart 3 tracks the week-by-week amount of COVID-19-related content being published in the jurisdictions most affected by the COVID-19 virus, as well as those with significant amounts of legislation and/or content. Interestingly, there has been a slight uptick in content – particularly out of the United States and the United Kingdom. This is likely as questions arise regarding employer and employee rights as many more businesses open over the next few weeks.
The 25 most-read articles by in-house counsel across Lexology provide a holistic view of how the legal industry is being shaped by COVID-19. All new litigation, recent FAQs, checklists and noteworthy legislation/regulation are highlighted to enable better navigation of this ever-changing landscape.
For further information, please see the Lexology Coronavirus hub.
Key
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New legislation |
FAQs |
Litigation |
Regulatory |
Checklist |
Are You Ready to Reopen Your Office Building? CDC Says Not So Fast!
Littler Mendelson PC | 2020-06-02 Relevant work areas: Employment & Labor, Healthcare & Life Sciences Relevant jurisdictions: USA
Not a requiem for a dream: why we should stop writing eulogies to the office
Corrs Chambers Westgarth | 2020-06-02 Relevant work areas: Employment & Labor, Real Estate Relevant jurisdictions: AUS, GBR
The Littler COVID-19 Return to Work Survey Report
Littler Mendelson PC | 2020-06-02 Relevant work areas: Employee Benefits & Pensions, Employment & Labor Relevant jurisdictions: USA
McCann FitzGerald | 2020-06-02 Relevant work areas: Employee Benefits & Pensions, Employment & Labor Relevant jurisdictions: GBR, IRL
Employers, Your Return-to-Work Policies Should Include Accommodation Requests
FisherBroyles LLP | 2020-06-01 Relevant work areas: Employment & Labor Relevant jurisdictions: USA
Can Home Office Expenses Be Deducted If You’re Working From Home During COVID-19?
MLT Aikins LLP | 2020-06-01 Relevant work areas: Employee Benefits & Pensions Relevant jurisdictions: CAN
EasyJet Hack: Nine million customer records stolen in “highly sophisticated” cyberattack
K&L Gates |2020-06-01 Relevant work areas: IT & Data Protection Relevant jurisdictions: EU, GBR
COVID-19: Ontario Takes a Creative Approach to the Temporary Layoff Dilemma with O. Reg. 228/20
McCarthy Tétrault LLP | 2020-05-30 Relevant work areas: Employment & Labor, Litigation Relevant jurisdictions: CAN
CDC Issues Reopening Guidance for Offices - “Change the way people work”
Shawe Rosenthal LLP | 2020-05-29 Relevant work areas: Employment & Labor Relevant jurisdictions: USA
Littler Mendelson PC | 2020-05-29 Relevant work areas: Employment & Labor Relevant jurisdictions: USA
Employer deemed liable for employee’s death while working from home on appeal in New South Wales
Cooper Grace Ward | 2020-05-29 Relevant work areas: Employment & Labor, Litigation Relevant jurisdictions: AUS
Paycheck Protection Program: Small Business Administration Issues Interim Rules for Loan Forgiveness
Cahill Gordon & Reindel LLP | 2020-05-29 Relevant work areas: Banking, Company & Commercial, Employment & Labor Relevant jurisdictions: USA
Mills Oakley | 2020-05-29 Relevant work areas: Company & Commercial, Insolvency & Restructuring, Litigation Relevant jurisdictions: AUS
HEROES Act Includes Potentially Disastrous FCRA Amendments
Dykema Gossett PLLC | 2020-05-28 Relevant work areas: Banking, Company & Commercial, Litigation Relevant jurisdictions: USA
Is COVID-19 fakery a federal crime?
Constangy Brooks Smith & Prophete LLP | 2020-05-28 Relevant work areas: Employment & Labor Relevant jurisdictions: USA
Summer 2020 Travel Advisory, U.S. Embassy/Consular Services, and COVID-19 Restrictions
Greenberg Traurig LLP | 2020-05-28 Relevant work areas: Employment & Labor, Immigration Relevant jurisdictions: USA
Colorado Issues Guidance on Accommodations in the Age of COVID-19
Littler Mendelson PC | 2020-05-27 Relevant work areas: Employment & Labor Relevant jurisdictions: USA
Return to Work: OSHA Obligations in the Event an Employee Tests Positive for COVID-19
Nutter McClennen & Fish LLP | 2020-05-26 Relevant work areas: Employment & Labor Relevant jurisdictions: USA
UK: It's Not Me, It's You - Passing the Liability Buck While Working from Home
Littler Mendelson PC | 2020-05-26 Relevant work areas: Employment & Labor, IT & Data Protection, Litigation Relevant jurisdictions: GBR
Cabinet Office guidance calls for responsible contractual behaviour in light of Covid-19
Travers Smith LLP | 2020-05-26 Relevant work areas: Company & Commercial Relevant jurisdictions: GBR
GDPR two years on: What’s happened and what’s ahead?
Baker McKenzie | 2020-05-22 Relevant work areas: IT & Data Protection, Public Relevant jurisdictions: BEL, DEU, ESP, EU, FRA, GBR, ITA, NLD, POL, SWE
Legal developments in construction law
Mayer Brown | 2020-05-22 Relevant work areas: Construction, Litigation Relevant jurisdictions: GBR
Addressing COVID-19-Related Delays in Construction Contracts
Faegre Drinker Biddle & Reath LLP | 2020-05-20 Relevant work areas: Company & Commercial, Construction Relevant jurisdictions: USA
COVID-19 Employment Measures - A Case Study on Selected Countries
Zul Rafique & Partners | 2020-05-12 Relevant work areas: Employment & Labor Relevant jurisdictions: AUS, GBR, HKG, MYS, NZL, SAU, SGP, THA, USA
Webinar: Don't panic in a pandemic! Signing documents during the COVID-19 crisis
Clayton Utz| 2020-05-06 Relevant work areas: Company & Commercial Relevant jurisdictions: AUS
Over the past seven days the International Law Office’s (ILO’s) panel of expert international legal commentators have written about recent legislative and regulatory guidance. Produced in partnership with a team of specialised editors, ILO content provides readers with easy-to-digest insight into how COVID-19 is affecting a specific work area and jurisdiction from a single thought leader in each jurisdiction.
If you would like to submit a question to the ILO panel, please email [email protected].
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COVID-19: impact on contractual obligations Lebanon - Obeid Law Firm |
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The COVID-19 pandemic has highlighted the importance of using force majeure to repudiate the performance of burdensome contractual obligations that were undertaken before the pandemic. This article discusses Lebanon's approach with regard to the COVID-19 outbreak and its potential characterisation as a force majeure event by discussing recent developments and the general framework for force majeure under Lebanese law. |
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Authors: Zeina Obeid, Hassan Khalife |
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5.1.2.Employment & Immigration
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Employer-employee relationships amid COVID-19 pandemic Lebanon - Obeid Law Firm |
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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. |
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Authors: Ziad Obeid, Nadine Abi Azar |
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Competition Commission adopts measures amid COVID-19 pandemic to facilitate filings and hearings Pakistan - Vellani & Vellani |
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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. |
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Author: Sanaya F Vachha |
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5.2.2.Employment & Immigration
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Macau - Rato, Ling, Lei & Cortés Advogados |
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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. |
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Authors: Pedro Cortés, Helena Nazaré Valente |
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State of emergency's impact on North Macedonian Competition Authority operations North Macedonia - Schoenherr |
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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. |
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Authors: Srdjana Petronijević, Jelena Obradović |
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5.3.2.Employment & Immigration
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COVID-19: back to business after lockdown guidance for employers Germany - Mayer Brown |
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After several weeks of quasi-lockdown in Germany and immense public pressure to lift limitations imposed by the COVID-19 pandemic, an increasing number of companies are starting to resume their activities. For some, this means increasing the number of employees who can come in and work from a company office, rather than from their homes. For others, it means a complete restart of operations. In these situations, employers are faced with myriad legal requirements with which they must comply. |
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Authors: Hagen Köckeritz, Hasine Azim |
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Extraordinary employment-related measures in fight against COVID-19: regulatory update Spain - CMS Albiñana & Suárez de Lezo |
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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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Authors: César Navarro, María José Ramos, Alejandro Gil |
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Debt collection during COVID-19 Netherlands - AKD |
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The COVID-19 outbreak is greatly affecting legal matters and company wellbeing. Some companies can no longer comply with their contractual obligations, while others have become financially distressed. To ensure that creditors do not make improper use of the measures available to collect a debt or ensure recourse, the question has arisen as to whether the courts should change the way in which they assess such measures. |
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Author: Ben Reinders |
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Grand Court successfully responds to COVID-19 challenges Cayman Islands - Ogier |
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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. |
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Authors: Jennifer Fox, Nour Khaleq |
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5.4.2.Private Client & Offshore Services
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COVID-19: summary of legislation enacted in relation to corporate regulations and businesses Bahamas - Lennox Paton |
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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. |
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Authors: McFalloughn Bowleg, Lenthera Culmer |
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5.5.1.Employment & Immigration
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COVID-19: guide for US businesses USA - McDermott Will & Emery |
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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. |
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Author: Brian S Cousin |
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5.6.1.Employment & Immigration
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Sickness and sick pay – FAQs for employers as COVID-19 lockdown restrictions ease United Kingdom - Lewis Silkin |
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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. |
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Authors: Karen Baxter, Bethan Carney |
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Government's immigration stance on frontline workers proves controversial United Kingdom - Lewis Silkin |
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The Home Office recently published an expanded list of COVID-19 frontline workers' occupations entitling them and their family members to a free and automatic one-year extension of leave. The expanded list includes biochemists, midwives and paramedics. Controversially, other frontline health and social care workers – in particular, care workers and home carers – have been excluded from the extension arrangements. |
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Author: Kathryn Denyer |
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5.6.2.Insolvency & Restructuring
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COVID-19: restructuring and corporate recovery measures Jersey - Ogier |
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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. |
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Authors: Damian Evans, Bruce MacNeil |
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Lexology Webinars are covering the COVID-19 pandemic from a variety of angles, allowing attendees to hear directly from legal experts how they should be tackling the ever-changing situation.
COVID-19 impact on damages – looking for reasonable certainty in uncertain times
HKA
13:00-13:55 UTC, 27 May 2020
COVID-19 could have far-reaching effects on future claims for damages, be that through business interruption insurance claims, litigation, arbitration or even preparing claims for negotiated settlements. In this live webinar, a panel of HKA forensic accounting and commercial damages partners will discuss some of the issues that will need to be considered.
COVID-19: proposed UK insolvency law reforms
Weil Gotshal & Manges LLP
13:00-13:55 UTC, 4 June 2020
In response to COVID-19, the British government has announced a series of reforms to existing insolvency legislation, and has introduced new measures to temper the financial implications for businesses. This webinar will address the legal and commercial implications for businesses in light of the government’s proposals.
COVID-19: insolvency in Hong Kong
Gall 9:00-9:55 UTC, 11 June 2020
Governments have swiftly enacted relief measures but the financial consequences of the COVID-19 pandemic on businesses is unprecedented. Some common law jurisdictions have created new insolvency law measures to tackle the uphill struggle businesses face, but what rescue options are available in Hong Kong?
Global merger control and competition enforcement updates amid the COVID-19 pandemic – ‘on the ground’ perspectives
Global Competition Review
13:00-13:55 UTC, 11 June 2020
During this webinar, a panel of competition lawyers from the United States, South Korea, China and Europe will discuss the impact of COVID-19 on the enforcement regimes in their respective jurisdictions. This webinar provides a unique opportunity to hear from leading antitrust practitioners across the globe and presents global companies or companies doing business in any of these jurisdictions with an overview of the key issues they need to be aware of in the new challenging pandemic environment.
How COVID-19 is impacting reasonable notice
Blue J Legal 17:00-17:55 UTC, 11 June 2020
Recent circumstances have forced many companies to lay off employees without cause. Canadian employers are grappling with difficult decisions around the appropriate amount of reasonable notice they must provide workers. During this webinar, employment lawyers from leading Canadian employment & labour law firms will discuss how the current economic environment may impact reasonable notice periods awarded by the courts.
State aid throughout and post COVID-19
Linklaters LLP
13:00-13:55 UTC, 30 June 2020
In this webinar, experts will discuss how state aid has been deployed as a tool for tackling economic turmoil in the COVID-19 outbreak, what we can learn from state aid policy in past crises and what the future may hold. This is the second in a webinar series that has been developed by Linklaters to help companies tackle the live issues relating to competition law enforcement in the wake of the COVID-19 outbreak.
COVID-19 outbreak – legal and commercial risks for your global business to consider
Squire Patton Boggs
The impact of the coronavirus disease 2019 (COVID-19), commonly known as ‘coronavirus’, is now being felt across the globe. This webinar will highlight the key legal and commercial risks for global businesses to consider, together with the practical steps they should be taking to mitigate the impact of the virus on their business, staff and supply chains.
COVID-19 – managing employment costs during the economic slowdown
Freshfields Bruckhaus Deringer LLP
At a time when global employers are facing significant business disruption, it is likely that attention will turn to ways to reduce costs. Redundancies are one potential option, but alternatives are available and may produce better outcomes overall. During this webinar a group of Freshfields lawyers from around Europe and Asia will discuss redundancies and alternative measures.
Force majeure - litigation in the wake of COVID-19
Stewarts
COVID-19 has impacted almost every area of our daily lives. This webinar will highlight the impact this will have on contracts, and whether force majeure and frustration principles can be applied. Chinese importers have already declared force majeure regarding LNG imports – will the world follow suit?
Antiviral patents – how prepared are we to combat novel viral diseases?
PatentSight GmbH
With the novel coronavirus spreading both fear and illness across the world, it is a worthwhile exercise to look at the patent landscape of antiviral vaccines. By analysing both the quality and quantity of the patent portfolios of the world's leading manufacturers and researchers, it is possible to evaluate the companies and research institutes that are at the forefront of finding vaccines and cures for potentially deadly viral diseases.
Lessons from the first virtual trial in the Commercial Court
Stewarts
Stewarts will share practical advice following their recent experience of running the first virtual trial in the Commercial Court. On 19 March 2020, the court directed that the trial of National Bank of Kazakhstan v The Bank of New York Mellon would proceed the following week. As a result of the social distancing measures following the outbreak of Covid-19, Mr Justice Teare directed that the parties implement a solution to ensure that the trial could proceed as a fully virtual one. This webinar will put you in direct contact with the team representing the claimants in this case, counsel and the IT support provider. You will hear their first-hand experience in running the first remote hearing in the Commercial Court. Watch now
Pandemics to recession: finding AML and ABC synergies in tough times
K2 Intelligence/Financial Integrity Network
During times of economic upheaval and uncertainty it is natural for businesses to focus their strategic efforts on continuity planning and shoring up resources to weather the storm. Though increased focus on AML and ABC measures may not seem critical at this time, loosening this oversight could cause major issues down the line. This webinar will discuss how organisations can leverage compliance resources in order to maintain a robust programme even in times of turmoil. Watch now
COVID-19 and the impact on consumer brands, retail and hospitality industry: your questions answered Squire Patton Boggs
The spread of COVID-19 is having a ripple effect across all industries worldwide. Organisations are having to adapt to a rapidly changing situation.
Shaped by the questions that you want answered, this webinar will address the legal implications, commercial risks and best practices for businesses in the brands, retail and hospitality industries in the UK.
Open market purchases and liability management in the COVID-19 era Shearman & Sterling LLP
The current state of the markets may lead to a heightened interest by companies to repurchase their debt and/or equity securities, though the reasons for doing so will differ from one Issuer to another.
During this webinar, we will discuss certain key aspects that companies and market players should consider as they evaluate the legal implications and strategic considerations of security repurchases in the open market.
COVID-19: How to facilitate a safe return to the workplace? Freshfields Bruckhaus Deringer LLP
During this webinar a group of Freshfields lawyers from around Europe and Asia will discuss how to facilitate a safe return to the workplace, looking at when the return will take place (gradual reopening), how it will happen (eg, team splits, social distancing, protective gear), who will return (eg, employee and visitor screening, dealing with employees’ refusal to return to the workplace) and on what terms (eg, business travel and annual leave policies, extended probation periods).
The coming wave of COVID-19 arbitration – looking ahead
Alston & Bird LLP
Focusing on investment treaty arbitration, construction and intellectual property, this webinar will look at the likely wave of disputes that will arise in response to the COVID-19 crisis and suggest avenues for corporations to minimise risk in the context of such disputes.
IPBC Talking Heads - How in-house IP leaders are managing during the covid-19 pandemic
IAM
While governments scramble to contain and control the covid-19 crisis, corporate IP leaders have to deal with its impact on the work they do. In this webinar we will explore the solutions they are coming up with, how these may affect the way in which their teams work in the future and how they see the wider IP environment in these turbulent times.
COVID-19 puts spotlight on domain strategy, making IP role essential to revenue and customer loyalty
.sucks
The existence of confusing domain names has always made managing a portfolio a defensive, risk management job. Deploying unique digital assets to inform, admit mistakes, encourage connection and showcase responsive actions can go a long way in building customer loyalty leading to increased revenue. IP professionals are in a key position to identify the right assets and in doing so demonstrate value in building customer loyalty and revenue.
Post-pandemic employee benefits considerations – a closer look at the ‘new normal’ for employers Hall Benefits Law
Now that the COVID-19 pandemic has peaked in the United States, what do employers need to do to maintain their employee benefits legal compliance paradigm under this ‘new normal’? Attorneys Anne Tyler Hall, Scott Santerre and Eric Schillinger of Hall Benefits Law will take a closer look at the new benefits landscape, with a spotlight on the fallout to health and welfare plans, retirement plans and executive compensation arrangements.
There is always somebody ready to take unfair advantage of a crisis situation
Alvarez & Marsal Holdings
COVID-19 has plunged many companies into uncharted territory and, as we have seen in previous global crises, there will always be people who look to take unfair advantage of this unknown. This webinar will explore the key external fraud and economic crime risks and challenges impacting three essential areas: sales and distribution; cost and supply chain; and funding and investment.
Cooperation throughout and post COVID-19
Linklaters LLP
This webinar, titled ‘Cooperation throughout and post COVID-19’, is the first in a series of three that have been developed by Linklaters to help companies tackle the live issues relating to competition law enforcement in the wake of the COVID-19 outbreak. This session focuses on analysing from a multijurisdictional and practical point of view how the regulators, the commission and other NCSs have issued guidelines to help companies navigate the unchartered territory that the pandemic has created.
Lexology Learn videos featuring global legal experts are designed to be watched in minutes. The latest COVID-19 videos provide focused summaries and practical guidance for businesses in response to the pandemic. View all uploads here.
In response to the unprecedented impact of COVID-19, Latin Lawyer and LACCA have launched a free-to-view and regularly updated information hub. Read about legislation and official communications issued by governments across Latin America in response to the evolving crisis here.
Further, see our sister publications IAM and World Trademark Review for more information on how COVID-19 is affecting the world of patents and trademarks.
Lexology is a leading provider of legal intelligence, designed to help legal and other professionals keep on top of the latest legal intelligence and meet specific corporate goals. Lexology delivers timely, insightful and tailored updates, research and analysis covering over 50 work areas worldwide. Lexology’s intelligence archive now contains more than 850,000 articles. This extensive content is supported by our intuitive, innovative technology to provide an unrivalled user experience. Lexology PRO enables quicker research and deeper collaboration through legal analysis tools and an AI-powered, conceptual search that leverage the depth and breadth of content on the Lexology platform. Lexology PRO also includes curated sets of articles and premium, in-depth content; while succinct videos on key topics help lawyers with just-in-time learning.
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