Latest updates

COVID-19 restructuring and corporate recovery measures
Ogier
  • Private Client & Offshore Services
  • Cayman Islands
  • 28 May 2020

The government recently held a virtual meeting with the heads and delegates of financial services industry associations in Cayman to allow it to engage with them directly on various COVID-19-related business continuity plans relating to the financial services industry. It is hoped that any chosen actions will be taken swiftly, consistent with the government's stated desire of assisting users of the financial products that the jurisdiction offers.

Has COVID-19 affected real estate transactions?
Lennox Paton
  • Private Client & Offshore Services
  • Bahamas
  • 28 May 2020

Restrictions on both domestic and international travel, lockdowns and curfews have been imposed in The Bahamas to restrict movement in an attempt to reduce the spread of COVID-19. While law firms have had to close their physical doors to the general public, real estate and resort development attorneys have embraced new and efficient procedures for closing transactions.

Secretariat of ComCo advises on obligation to notify concentration
Lenz & Staehelin
  • Competition & Antitrust
  • Switzerland
  • 28 May 2020

Under Swiss law, a proposed concentration triggers a mandatory pre-merger notification if one of the undertakings concerned has been held to be dominant, irrespective of the statutory turnover thresholds. It was previously unclear whether this criterion had to be met at the time of signing or at the time of closing. The Secretariat of the Swiss Competition Commission has now clarified this question.

Wills in the time of COVID-19: challenges and solutions
Cyril Amarchand Mangaldas
  • Private Client & Offshore Services
  • India
  • 28 May 2020

The COVID-19 pandemic has led to increased interest in succession planning, including through wills. However, there are considerable practical and legal challenges to consider when making a will while social distancing, isolation or quarantine measures are in place. Although no solution is foolproof, there are some measures that may help testators to overcome the various complications associated with creating a will.

COVID-19: CCA remains fully operational
Schoenherr
  • Competition & Antitrust
  • Croatia
  • 28 May 2020

The government recently announced a phased plan to lift restrictions that were imposed in Croatia as a result of the COVID-19 pandemic. While many sectors prepare to resume operations, the Croatian Competition Authority has been fully operational since 11 May 2020.

Preventive approach to incapacity issues
LALIVE
  • Private Client & Offshore Services
  • Switzerland
  • 28 May 2020

The COVID-19 pandemic has placed issues of life and death at the forefront of people's minds, with many people requiring intensive medical care which may deprive them of their capacity of judgement and require others to take decisions for them. This time of significant change is an opportune moment to consider the importance of taking preventive steps before a state of incapacity arises to ensure that individuals' wishes are respected, as well as the various means available to do so.

Executing wills during lockdown
Ogier
  • Private Client & Offshore Services
  • Guernsey
  • 28 May 2020

The legal formalities for executing a will in Guernsey aim to prevent fraud and undue influence. A will must be in writing and it must be signed, or the signature must be acknowledged, by the testator in the presence of two or more witnesses who are present at the same time. The witnesses must then sign the will in the testator's presence. These requirements do not normally cause much of a problem but can become quite challenging in the context of COVID-19.

COVID-19 ate my homework – recent extensions and relief for retirement plans
McDermott Will & Emery
  • Employment & Immigration
  • USA
  • 27 May 2020

In recognition of the difficulties faced by retirement plan sponsors, participants and beneficiaries due to the COVID-19 pandemic, the Department of Labour, in conjunction with the Internal Revenue Service and the Department of the Treasury, recently issued guidance extending a number of retirement plan deadlines, including deadlines for many participant notices and benefit plan claims.

Impact of COVID-19 pandemic on employment
Nagashima Ohno & Tsunematsu
  • Employment & Immigration
  • Japan
  • 27 May 2020

In April 2020 the government declared a state of emergency due to the COVID-19 pandemic. In response, prefectural governors have requested certain industries to suspend their business operations. This article provides information for employers on how to handle employment matters during the COVID-19 crisis, including employment adjustment subsidies, salary reductions and dismissals.

DOT issues new guidance regarding airlines' obligation to provide passenger refunds
Cozen O'Connor
  • Aviation
  • USA
  • 27 May 2020

Passengers who no longer wish to travel due to COVID-19 concerns or who have had their flights cancelled are demanding refunds from airlines. Airlines, on the other hand, are grappling with a difficult truth: if they refund all tickets, including those purchased under the condition of being non-refundable or those cancelled by a passenger, this will result in negative cash balances that will lead to bankruptcy.

COVID-19: works council consultation, quarantine and social distancing
Mayer Brown
  • Employment & Immigration
  • Germany
  • 27 May 2020

The COVID-19 crisis poses many challenges for employers and employees alike. It also raises new questions about the cooperation process between employers and works councils and the latter's co-determination. Employers are wondering how best to consult works councils when regular operations are suspended. After all, business needs to continue, which can also mean that personnel measures and other changes need to be carried out – all of which are subject to works council consultation.

COVID-19: political agreements on expansion and extension of economic stimulus packages and new measures
Norrbom Vinding
  • Employment & Immigration
  • Denmark
  • 27 May 2020

The government and Parliament recently made a series of political agreements to expand and extend the current economic stimulus packages regarding COVID-19, including the compensation schemes regarding wages and fixed costs, and to implement various new measures. This article outlines the impact of these agreements on employers and employees during the COVID-19 crisis.

COVID-19: anti-crisis shield updates
Sołtysiński Kawecki & Szlęzak
  • Employment & Immigration
  • Poland
  • 27 May 2020

In response to the COVID-19 pandemic, the government introduced a package of measures – the so-called 'anti-crisis shield'. This article summarises the employment-related measures offered under the different versions of the anti-crisis shield relief packages covering topics such as exemptions from social security contributions, downtime relief payment and reduced working time.

COVID-19: workplace health and safety
Stanchi Studio Legale
  • Employment & Immigration
  • Italy
  • 27 May 2020

As Italy is dealing with the COVID-19 pandemic, the national institutions responsible for occupational safety (mainly the National Institute for Insurance against Accidents at Work and the Labour Inspectorate) have issued rules concerning health and safety in the workplace. Italian companies which have been authorised to reopen must enforce a strict set of regulations in order to safeguard the health and safety of their employees and anyone who enters their workplace during this transitional Phase 2 period.

COVID-19: DIFC emergency employment law introduced
Pinsent Masons
  • Employment & Immigration
  • United Arab Emirates
  • 27 May 2020

Employers have been given scope to restructure contracts with their employees to adapt to the challenges posed by the COVID-19 pandemic under a temporary new emergency law introduced in the Dubai International Financial Centre. Under the new legislation, employers can unilaterally decide to reduce employee working hours and remuneration on a temporary basis and make further changes to work practices and employee benefits.

COVID-19: legal position of migrant workers in Malaysian construction sector
  • Employment & Immigration
  • Malaysia
  • 27 May 2020

This article sets out the impact of the COVID-19 pandemic on the legal position of migrant workers in Malaysia, particularly in the construction sector, including the risk of deportation of undocumented workers and the current local stigma. This article covers possible restrictions, procedures and challenges faced by documented migrant workers, documented migrant workers with a permit or pass that expired during the Movement Control Order period and undocumented migrant workers in Malaysia.

MAC launches six-week call for evidence on shortage occupations
Lewis Silkin
  • Employment & Immigration
  • United Kingdom
  • 27 May 2020

Employers have until 24 June 2020 to provide their views to the Migration Advisory Committee (MAC) on what occupations should be on the shortage occupation lists for UK sponsored skilled migration from 1 January 2021. Employers can complete an online form outlining details of what occupations they have difficulty recruiting for and why. In light of the COVID-19 outbreak, the MAC would also like to hear from employers that are unable to respond before the deadline, but can provide details for future research.

COVID-19: does employers' duty of care extend to commuting to work?
Lewis Silkin
  • Employment & Immigration
  • United Kingdom
  • 27 May 2020

Following the government's publication of its post-COVID-19 recovery strategy, employers are beginning to consider how they may safely reopen their workplace for those who cannot work from home. Employers have statutory duties to provide a safe workplace, but what of risks faced by employees during their commute to work? For many employees, the key concern is not what happens in the workplace, but rather the risks of using public transport to get there.

COVID-19: new support for self-employed workers
Castegnaro
  • Employment & Immigration
  • Luxembourg
  • 27 May 2020

A new Grand Ducal Regulation has introduced a certified emergency allowance for self-employed workers during the COVID-19 pandemic. The new allowance is available for merchants, artisans and intellectual workers who work as self-employed persons, including insurance agents and brokers, and may be granted regardless of the number of employees.

What is the correct value of damages caused by a personal information leak?
Anderson Mori & Tomotsune
  • Litigation
  • Japan
  • 26 May 2020

The Tokyo High Court recently rendered a judgment regarding the amount of personal damages owed to victims of a personal information leak by a third party. The decision follows a Supreme Court judgment which determined that in the case of a personal information leak by a company which collected this information for educational purposes, the affected customers could claim damages for their mental suffering even though they could not prove economic loss.

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