Table of contents
2. Key legal issues this week. 4
4.1. Africa & the Middle East 8
4.1.1. Energy & Natural Resources. 8
4.3.3. Corporate Finance/M&A. 10
4.3.5. Employment & Immigration. 11
4.3.7. Intellectual Property. 12
4.4. Latin America & the Caribbean. 13
4.5.2. Employment & Immigration. 14
4.5.3. International Trade. 14
4.6.1. Employment & Immigration. 15
On the commercial front, companies continue to carefully navigate their existing liabilities to customers and suppliers while maintaining cash flow, notably against a backdrop of wildly fluctuating supply and demand as well as backlash against certain contentious refund policies. This will involve mitigating the adverse effects on contractual counterparties, such as through customer credits against future transactions and increasing flexibility in supply chains, among other things.
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.
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 |
Conducting workplace investigations remotely during COVID-19
Lewis Silkin | 2020-05-13 Relevant work areas: Compliance Management, Employment & Labor, White Collar Crime Relevant jurisdictions: GBR, GLOB, USA
Execution of documents - Recent development in the UK
Deacons | 2020-05-13 Relevant work areas: Company & Commercial, IT & Data Protection, Litigation, Tax Relevant jurisdictions: GBR
Pox Americana: Four Types of Litigation to Surge Post-COVID
Goodell DeVries Leech & Dann LLP | 2020-05-11 Relevant work areas: Banking, Company & Commercial, Legal Practice, Litigation, Personal Injury Relevant jurisdictions: USA
Episode 315: Google to Washington: “Send your man to see my man. And we’ll stiff him.”
Steptoe & Johnson LLP | 2020-05-11 Relevant work areas: Copyrights, Internet & Social Media, Public Relevant jurisdictions: USA
Kilpatrick Townsend & Stockton LLP | 2020-05-11 Relevant work areas: Employment & Labor, Healthcare & Life Sciences Relevant jurisdictions: USA
As the Spread of Coronavirus Slows, a Contagion of Class Actions Has Only Begun
Kelley Drye & Warren LLP | 2020-05-10 Relevant work areas: Capital Markets, Company & Commercial, IT & Data Protection, Litigation, Product Regulation & Liability Relevant jurisdictions: USA
Bryan Cave Leighton Paisner LLP | 2020-05-08 Relevant work areas: Employment & Labor Relevant jurisdictions: USA
Recalled Workers Don’t Want to Return Because of Health Risks or Child Care - Now What?
Shawe Rosenthal LLP | 2020-05-08 Relevant work areas: Employment & Labor Relevant jurisdictions: USA
Risky Business: EEOC Interprets ADA Coverage for Individuals at Higher Risk of Contracting COVID-19
Littler Mendelson PC | 2020-05-08 Relevant work areas: Employment & Labor, Healthcare & Life Sciences Relevant jurisdictions: USA
Constangy Brooks Smith & Prophete LLP | 2020-05-08 Relevant work areas: Employment & Labor Relevant jurisdictions: USA
Sheppard Mullin Richter & Hampton LLP | 2020-05-08 Relevant work areas: Employment & Labor Relevant jurisdictions: USA
Updated Country Guide: Government Measures Taken in Response to COVID-19
Thompson Hine LLP | 2020-05-07 Relevant work areas: Banking, Company & Commercial, Corporate Finance/M&A, Employee Benefits & Pensions, Employment & Labor, Healthcare & Life Sciences, Insolvency & Restructuring, Leisure & Tourism, Product Regulation & Liability, Projects & Procurement, Public, Real Estate, Tax, Trade & Customs Relevant jurisdictions: AUS, BEL, BRA, CAN, CHL, CHN, CRI, DEU, ESP, EU, Eurasia, FRA, GBR, GTM, HND, IDN, IND, ISR, ITA, JPN, KOR, MEX, NLD, PAN, PHL, POL, RUS, SLV, THA, TUR, USA, VNM, ZAF
Force Majeure and Frustration Flowchart
Charles Russell Speechlys LLP | 2020-05-07 Relevant work areas: Company & Commercial Relevant jurisdictions: GBR
California Will Presume COVID-19 Infections Arose From On-Site Work Performed After March 19
Proskauer Rose LLP | 2020-05-07 Relevant work areas: Employment & Labor Relevant jurisdictions: USA
Wave of COVID-19 Litigation Already Rising, Threatening Employers as They Return to Work
Littler Mendelson PC | 020-05-07 Relevant work areas: Employment & Labor Relevant jurisdictions: USA
Latest case of force majeure offers lessons for businesses affected by COVID-19
Osborne Clarke | 2020-05-07 Relevant work areas: Company & Commercial, Litigation Relevant jurisdictions: GBR
How HIPAA Impacts Provider Disclosure of COVID-19 Testing to Employers
Faegre Drinker Biddle & Reath LLP | 2020-05-06 Relevant work areas: Employment & Labor, Healthcare & Life Sciences, IT & Data Protection Relevant jurisdictions: USA
Electronic Signature Guide Australia
Squire Patton Boggs | 2020-05-06 Relevant work areas: Company & Commercial Relevant jurisdictions: AUS
Four Takeaways From April 2020’s LIBOR Transition Developments
Troutman Sanders LLP | 2020-05-04 Relevant work areas: Banking, Capital Markets Relevant jurisdictions: GBR, USA
A Covid-19 Legal Toolkit for the Construction Industry - Force Majeure & Change in Law
HFW | 2020-05-04 Relevant work areas: Company & Commercial, Construction Relevant jurisdictions: GBR
Reopening The Workplace: A Legal Perspective
Baker McKenzie | 2020-04-30 Relevant work areas: Employee Benefits & Pensions, Employment & Labor, Healthcare & Life Sciences Relevant jurisdictions: PHL
Force Majeure Certificates in a global context: What are they and what is their effect?
DLA Piper | 2020-04-30 Relevant work areas: Company & Commercial, Litigation Relevant jurisdictions: CHN, FRA, GBR, HKG, ITA
Cozen O'Connor | 2020-04-02 Relevant work areas: Construction Relevant jurisdictions: USA
COVID-19 | ‘Business days’ when business has changed
Gadens | 2020-04-01 Relevant work areas: Company & Commercial, Litigation 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].
4.1.1.Energy & Natural Resources
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DPR issues COVID-19 circular and declares pandemic event of force majeure Nigeria - Streamsowers & Köhn |
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After the president issued regulations directing a lockdown of areas where oil and gas companies' head offices are located, the Department of Petroleum Resources issued a circular to ensure the safety and welfare of all personnel and contain the spread of COVID-19, directing that all operators and their contractors must comply with the directives of government authorities on measures such as social distancing, curfews and lockdowns and that the current situation constitutes force majeure. |
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Author: Chiagozie Hilary-Nwokonko |
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Air passenger rights curtailed by COVID-19 pandemic Malaysia - SKRINE |
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According to the Malaysian Aviation Commission (MAVCOM), the COVID-19 pandemic constitutes 'extraordinary circumstances' under the Malaysian Aviation Consumer Protection Code. As a result, MAVCOM is temporarily providing some leeway in terms of how airlines can respond to passenger refund requests. However, in doing so, it may have inadvertently exposed passengers to the risk of losing their entire ticket cost. |
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Authors: Raja Nadhil Aqran bin Raja Ahmad Aminollah, Eric Gabriel Gomez |
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Extension of filing deadlines for disclosure documents in response to COVID-19 outbreak Japan - Nagashima Ohno & Tsunematsu |
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In response to the COVID-19 outbreak, the Financial Services Agency has announced an extension of the deadlines to file certain mandatory disclosure documents, including annual securities reports. This article explains this unprecedented measure taken in recognition of issuers' difficulties in preparing their disclosure documents in light of the current COVID-19 crisis. |
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Author: Takashi Tsukioka |
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COVID-19: construction industry players, start your engines! Malaysia - SKRINE |
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As Malaysia transitions into the third phase of the Movement Control Order (MCO Phase 3), the government has moved to allow additional economic sectors to operate during this period. This includes construction projects and services related to construction works. However, construction industry players that intend to resume operations during MCO Phase 3 should take note that they must comply with the third set of frequently asked questions issued by the Ministry of International Trade and Industry. |
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Authors: Shannon Rajan, Rachel Chiah, Jeremiah Ch’ng |
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COVID-19: courts go online to regulate administration of justice Malaysia - Gan Partnership |
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In order to curb the spread of COVID-19, the government introduced the Movement Control Order (MCO). During the MCO period, all courts and offices of advocates and solicitors are closed. However, a judicial notification of 26 March 2020 stated that parties can apply to the courts for an online hearing of civil matters via an e-review system, an exchange of emails or a video conference, subject to certain conditions. |
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Authors: Gan Khong Aik, Lee Sze Ching (Ashley) |
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Additional COVID-19 measures introduced for aviation industry Italy - Studio Pierallini |
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The government recently introduced additional measures to tackle the COVID-19 pandemic. A number of specific rules were introduced for the transport of airline passengers which must be complied with by airlines and airports to contain the spread of COVID-19 in Italy. The new rules will be in force until 17 May 2020, but they remain subject to extension or amendments in light of the continuously evolving scenario. |
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Author: Laura Pierallini |
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FINMA: temporary exemptions for banks due to COVID-19 crisis Switzerland - Meyerlustenberger Lachenal |
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The Swiss Financial Markets Supervisory Authority (FINMA) recently provided banks with clarifications on dealing with COVID-19 credits with federal guarantees within the framework of the capital and liquidity requirements and temporary exemptions relating to the leverage ratio. FINMA will likely further specify these guidelines or issue additional rules depending on the development of the current crisis. |
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Authors: Alexander Vogel, Reto Luthiger, Lukas Lezzi |
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Support for start-ups in Switzerland Switzerland - Meyerlustenberger Lachenal |
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Following the widespread outbreak of COVID-19 in Switzerland, the Federal Council implemented several emergency measures to mitigate the virus's economic impact. After weeks of pressure from the growing Swiss start-up ecosystem, the Federal Council acknowledged that start-ups had little or no access to the existing emergency aid and, considering their importance for the economy as a whole, stated that it would devise a liquidity support programme specifically designed for innovative start-ups. |
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Authors: Alexander Vogel, Marco Fusi |
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Tax exemptions introduced to protect businesses during COVID-19 pandemic Croatia - Macesic & Partners |
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The second package of government measures for mitigating the effects of the COVID-19 pandemic on the Croatian economy, which recently entered into force, includes a number of tax exemptions for companies. For example, companies whose revenue in April 2020, May 2020 and June 2020 has fallen by 50% or more compared with the respective month in 2019 will be completely exempt from their tax liabilities – namely, from paying profit tax, income tax and contributions. |
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Authors: Anita Krizmanić, Ivana Manovelo |
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4.3.5.Employment & Immigration
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Continued remuneration during COVID-19 pandemic Austria - Graf & Pitkowitz Rechtsanwalte GmbH |
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The COVID-19 pandemic has caused employers to use various methods to support employees and maintain business performance. Old and new legal remedies provide for continued payment of salaries (and in some cases also corresponding grants to employers) if performance of work is impossible. This article outlines the routes that employers and employees can take where normal working is impossible, such as sick leave and care leave to look after sick children. |
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Author: Jakob Widner |
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Social elections procedure postponed due to COVID-19 Belgium - ALTIUS |
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As a result of the COVID-19 crisis, the social partners have decided to suspend the current social election procedure and postpone its continuation until after the summer. This article outlines the most important consequences of this postponement for employers. |
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Authors: Phillipe De Wulf, Esther Soetens |
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COVID-19: health and safety considerations when establishing return-to-work plans Ireland - Lewis Silkin |
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As the COVID-19 crisis begins to ease, employers must think carefully about how to safely manage the process of returning employees to the workplace. Companies must ensure the health and safety of their employees and visitors to their premises and comply with any continuing government guidelines, including in relation to physical distancing. This article summarises the legal landscape and various considerations that employers will need to take into account in Ireland. |
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Author: Síobhra Rush |
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Non-payment of insurance premium – legal consequences during COVID-19 pandemic Germany - Arnecke Sibeth Dabelstein |
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In response to the COVID-19 pandemic, Parliament recently passed an act whereby insurers, under certain circumstances, despite non-payment of an insurance premium, are temporarily prohibited from either terminating the insurance contract or refusing cover. Further, the act grants consumers and micro-enterprises a temporary right to refuse performance in the context of contracts for essential continuing obligations, including insurance contracts. |
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Authors: Dieter Schwampe, Karen Lorenz, Lina Wiedenbach |
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IP-related measures adopted due to COVID-19 Spain - Grau & Angulo |
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The health crisis caused by the rapid spread of COVID-19 led to the approval and entry into force in Spain of Royal Decree 463/2020 on 14 March 2020, which declared a state of alarm. The situation led to the adoption of measures in the judicial and administrative areas. This article highlights the measures of interest for IP owners and practitioners that are adapting to the progressive changes in the situation. |
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Author: Paula Gutiérrez |
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Licensing during COVID-19 pandemic: compulsory or not? Turkey - Deriş Patents and Trademarks Agency |
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Since the World Health Organisation declared COVID-19 a global pandemic, compulsory licensing has remained a hot topic in the IP world. As of 30 April 2020, Turkey had 120,204 confirmed cases of COVID-19. Although the official authorities have so far made no public announcements concerning compulsory licensing, this article sets out why Turkey has a significant role to play in the discussion. |
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Author: Okan Can |
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Essential considerations for Cayman funds in challenging times Cayman Islands - Ogier |
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To help Cayman hedge funds navigate the myriad issues brought about by COVID-19, this article offers a high-level checklist for fund directors and investment managers to consider. The checklist covers operational issues, issues around liquidity and possible termination and communication and reporting considerations. Each of these topics is considered in turn in relation to a typical standalone corporate open-ended Cayman fund. That said, most of the checks can be applied using a variety of Cayman vehicles. |
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Authors: James Bergstrom, Gemma Lardner |
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At a glance: COVID-19 court protocols Bahamas - Lennox Paton |
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COVID-19 has forced society to embrace all things technological and forced individuals to adapt to working remotely. As it stands, court operations before the Magistrates Court and the Supreme Court are restricted to essential services until the first working day after the expiry of the Emergency Powers (COVID-19) (No 2) Order 2020, which may be extended by amendments. This article sets out what is permitted according to the judiciary's latest Mitigation Protocols concerning civil and commercial matters. |
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Author: Al-Leecia Delancy |
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DOT to impose minimum air service obligations on carriers receiving CARES Act financial assistance USA - Cozen O'Connor |
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The Department of Transportation (DOT) has issued an order proposing parameters for implementing the authority granted to the secretary of transportation under the Coronavirus Aid, Recovery and Economic Security Act. The order sets out the DOT's expectations regarding the required service levels. This article provides a summary of the key provisions. |
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Authors: David Heffernan, Rachel Welford |
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Considerations when aviation travel is a necessity USA - Cozen O'Connor |
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Although the idea of aircraft travel may currently be the last thing on many people's minds, for some people, access to aviation travel for business or personal reasons may be necessary even during these difficult times. Moreover, access to business jet travel in lieu of commercial flights will become even more in demand, as commercial airlines reduce the number of available flights, curtail routes or shut down operations altogether. |
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Author: Steven Haas |
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4.5.2.Employment & Immigration
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COVID-19: FAQs on furlough and financial help for employers USA - McDermott Will & Emery |
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With rapid developments in local, state and federal guidance and law, the appropriate approach for each employer in relation to COVID-19 will vary depending on the nature of their work, the industries served and their location and size, among other considerations. This article outlines what employers need to know about furlough and the financial help that is available for employers. |
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Authors: Michelle Strowhiro, Carole Spink |
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USA - Arent Fox LLP |
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Recognising that COVID-19 is further straining humanitarian needs in sanctioned countries and complicating compliance with economic sanctions, the Department of the Treasury Office of Foreign Assets Control recently issued web-based guidance to remind the public of the many ways in which medical exports and other humanitarian services, supplies and donations can legally flow to sanctioned countries, offer reporting and compliance flexibility and provide some Iran secondary sanctions relief. |
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Authors: Matthew Tuchband, Kay C Georgi, Regan K Alberda, Marwa M Hassoun |
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COVID-19: approach to court proceedings USA - Norton Rose Fulbright |
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Existing proceedings in the national courts are inevitably experiencing the impact of the COVID-19 outbreak. Where possible, hearings have been delayed or relocated. However, with many lockdowns extended for the foreseeable future, hearings will still need to be held. As such, many national courts are looking into solutions to these issues, particularly technological ones. |
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Authors: Paul Stothard, Clinton Slogrove |
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4.6.1.Employment & Immigration
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Conducting workplace investigations remotely during COVID-19 United Kingdom - Lewis Silkin |
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COVID-19 has changed the ways in which businesses run and there is still some time before it is 'business as usual'. Most employers are grappling with new ways of working, with many employees working from home. However, what should employers do if they become aware of an allegation of misconduct or wrongdoing? This article considers whether a remote investigation is the right step to take and what employers should bear in mind if they conclude that it is. |
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Authors: Karen Baxter, Lucy Lewis |
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COVID-19: Tier 2 workers' changes to salary, furlough scheme and redundancy United Kingdom - Lewis Silkin |
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The spread of the COVID-19 pandemic across the globe is having significant and wide-ranging economic and public health impacts. Businesses are already feeling the adverse side effects of profoundly changed trading circumstances. This article highlights the immigration implications of a number of actions that employers may be forced to take to protect their business over the coming months. |
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Authors: Joanna Hunt, Priya Gandhi |
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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.
IPBC Talking Heads - How in-house IP leaders are managing during the covid-19 pandemic
IAM
13 May 2020 15:00 – 15:55 UTC
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
19 May 2020
16:00 – 16:55 UTC
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
21 May 2020
17:00 – 17:55 UTC
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.
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.
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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