Private and Confidential | © Copyright Lexology 2020

COVID-19 Weekly Report 13-19 April 2020

COVID-19 Weekly Report | 13/04/2020

2 © Copyright LBR 2020

Table of Contents 1. Foreword ..................................................................................................................................................... 3

2. Content snapshot ......................................................................................................................................... 4

2.1. Chart 1: ILO work areas with most COVID-19-related content ................................................................... 4

3. Key legal issues this week ............................................................................................................................ 5

4. Expert commentary ...................................................................................................................................... 6

4.1. Africa and the Middle East ........................................................................................................................ 6

4.1.1. Employment & Immigration ........................................................................................................... 6

4.1.2. Healthcare & Life Sciences ........................................................................................................... 7

4.1.3. Insurance ...................................................................................................................................... 8

4.2. Asia-Pacific .............................................................................................................................................. 8

4.2.1. Corporate & Commercial ............................................................................................................... 8

4.2.2. Litigation ....................................................................................................................................... 8

4.3. Europe ..................................................................................................................................................... 9

4.3.1. Corporate & Commercial ............................................................................................................... 9

4.3.2. Corporate Tax ............................................................................................................................... 9

4.3.3. Employment & Immigration ........................................................................................................... 9

4.3.4. Litigation ..................................................................................................................................... 10

4.3.5. Private Client & Offshore Services .............................................................................................. 10

4.3.6. Shipping & Transport .................................................................................................................. 11

4.4. Latin America and the Caribbean............................................................................................................ 11

4.4.1. Competition & Antitrust ............................................................................................................... 11

4.4.2. Employment & Immigration ......................................................................................................... 12

4.4.3. Environment & Climate Change .................................................................................................. 12

4.5. North America ........................................................................................................................................ 12

4.5.1. Competition & Antitrust ............................................................................................................... 12

4.5.2. Employment & Immigration ......................................................................................................... 13

4.5.3. Intellectual Property .................................................................................................................... 13

4.5.4. International Trade ...................................................................................................................... 13

5. Videos........................................................................................................................................................ 15

5.1. Latin America and the Caribbean............................................................................................................ 15

5.1.1. Aviation....................................................................................................................................... 15

6. About ILO .................................................................................................................................................. 16

6.1. Contact us .............................................................................................................................................. 16

COVID-19 Weekly Report | 13/04/2020

3 © Copyright LBR 2020

1. Foreword

Despite the initial hopes of many economists and market commentators, there are growing signs that a ‘V’-shaped

economic recovery from the COVID-19 pandemic – that is, a sudden fall followed by a quick rebound – may be

unlikely. Recently issued federal guidelines in the United States set a phased approach with strict criteria for states

to ease lockdown measures; the United Kingdom has extended its lockdown for at least another three weeks; and

although certain non-essential businesses are beginning to reopen across Europe, these are subject to the caveat

of re-imposing lockdown should a second wave of infections arise.

All in all, this means that economic life is unlikely to return to normal for quite some time. Many companies, having

implemented initial crisis response measures, are now looking to navigate these choppy new commercial waters in

order to survive in the long term. Some are adapting the goods and services that they offer in order to better cater

to frontline emergency needs, while others are changing the way in which they offer these in order to sustain

revenue streams. With these changes come new risks and challenges – not least, new regulations that must be

complied with and practical hurdles to implementation of contingency plans.

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. As such, we invite you to send any feedback on how the scope of future

editions can be improved to admin@internationallawoffice.com.

Make your voice heard – take our survey now! The aim of the survey is to better understand what corporate counsel need in terms of content and support around the COVID-19 pandemic, and to ensure that we continue to offer a high standard of legal information at this challenging time. www.surveymonkey.co.uk/r/6DQ8JCG

COVID-19 Weekly Report | 13/04/2020

4 © Copyright LBR 2020

2. Content snapshot

2.1. Chart 1: ILO work areas with most COVID-19-related content

Chart 1 provides a summary of the top 10 most popular ILO work areas between 27 February and 19 April 2020.

Notably, Employment & Immigration has the most published COVID-19 content to date, likely as the good-faith duty

to protect employee wellbeing is a key concern for companies at this stage of the pandemic.

COVID-19 Weekly Report | 13/04/2020

5 © Copyright LBR 2020

3. Key legal issues this week

DIGITAL CONTRACT FORMATION: Many readers are moving on from force majeure issues with their existing contracts and beginning to examine the pandemic’s consequences for new and future contracts. Many governments have released guidance on digital transactions and enabled notarial services to continue online. A key point of concern is the formation of contracts arising from negotiations via email. The contractual intent behind these communications is often ambiguous, so careful drafting and scrutiny are paramount.

1

RELIEF PROGRAMME COMPLIANCE: Uptake of government relief schemes is beginning to increase, as kinks have gradually been ironed out. However, many of these initiatives include oversight mechanisms to prevent and investigate abuses and mismanagement of relief funds. Companies benefiting from these schemes should therefore be aware of and account for the increased compliance burdens.

2

COMPETITION CONCERNS: Competition authorities are busy issuing new guidelines to reflect the new trading conditions imposed by the pandemic. Some have relaxed merger control filing deadlines or improved e-filing capabilities, while many have issued stark warnings of enforcement action for price-gouging activities. Others have loosened strict rules against coordination with competitors in order to ensure the supply of essential items during the crisis. However, numerous grey areas remain, so the activities of these authorities should be closely monitored.

3

COVID-19 Weekly Report | 13/04/2020

6 © Copyright LBR 2020

4. Expert commentary

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 admin@internationallawoffice.com.

4.1. Africa and the Middle East

4.1.1. Employment & Immigration

Population and Immigration Authority issues guidelines regarding visas for foreigners due to COVID-19 Israel - Fischer Behar Chen Well Orion & Co

In light of the COVID-19 outbreak in Israel, and the significant restrictions imposed on foreign nationals entering

Israel, the Population and Immigration Authority has issued a series of guidelines regarding visas for foreigners and

foreign workers in Israel. This article summarises the relevant instructions.

Author: Amit Bechler

Read more

COVID-19: employment contracts and continuing business Morocco - CWA Maghreb

The COVID-19 pandemic in Morocco and the measures taken to combat its spread have created a number of

difficulties and uncertainties for companies and employees. This article considers the impact of COVID-19 on

employment relationships, particularly with regard to employment contracts and issues that arise when a company

continues business during the pandemic.

Author: Mohamed Oulkhouir

Read more

COVID-19 Weekly Report | 13/04/2020

7 © Copyright LBR 2020

COVID-19: support for private sector employers United Arab Emirates - Pinsent Masons

Authorities in the United Arab Emirates have published new guidance and legislation to support private sector

employers against the unprecedented backdrop of the COVID-19 pandemic. This article examines two resolutions

which cover redundancy restructuring and remote working and come at a time when guidance and clarity is more

important than ever.

Authors: Luke Tapp, Ruth Stephen

Read more

4.1.2. Healthcare & Life Sciences

FAMHP adopts measures to avoid medicine shortages during COVID-19 pandemic Belgium - ALTIUS

The Federal Agency for Medicines and Health Products recently adopted a consolidated version of its decision to

take a series of urgent measures for certain listed medicines (and raw materials) to avoid medicine shortages

during the COVID-19 pandemic. The measures apply until the end of April 2020 but may be renewed on a monthly

basis. This article discusses the measures and their legality under EU law in more detail.

Authors: Kirian Claeyé, Hanne Baeyens

Read more

COVID-19: impact on medical device industry in European Union European Union - Eversheds Sutherland (International) LLP

The COVID-19 pandemic is having a significant impact on the medical device industry in the European Union. For

instance, scientists and engineers who have been working on the new EU Medical Device Regulation framework

for several years are now switching to COVID-19-related research. The pandemic has also significantly increased

the demand for protective equipment such as face shields, protective mouth and nose masks, protective clothing

and gloves.

Authors: Magdalena Kotyrba, Tobias Maier

Read more

COVID-19 Weekly Report | 13/04/2020

8 © Copyright LBR 2020

4.1.3. Insurance

COVID-19 and insurance litigation: current and expected trends Israel - Levitan, Sharon & Co

The outbreak and spread of COVID-19 in Israel is affecting businesses and the movement of individuals, as well as

significant reductions in commercial activity. This article examines how COVID-19 will affect insurance litigation and

what can be expected in the long term.

Author: Peggy Sharon

Read more

4.2. Asia-Pacific

4.2.1. Corporate & Commercial

FAQs on legal impact of COVID-19 Indonesia - ABNR

With the world facing its biggest challenge of the century so far, and probably its greatest challenge since World

War II, businesses are asking how they should best respond to the impact of the COVID-19 crisis. This article

answers the FAQs that businesses are asking with regard to contracts, force majeure and shareholders' duties.

Authors: Emir Nurmansyah, Nafis Adwani, Agus Ahadi Deradjat

Read more

4.2.2. Litigation

Hong Kong courts begin use of video conferencing Hong Kong - RPC

Given the extended general adjourned period, during which the courts in Hong Kong have been closed except for

urgent and essential court business, the judiciary has adopted an incremental approach to the use of technology

for remote hearings. Set against the background of the COVID-19 public health emergency, the new Guidance

Note for Remote Hearings for Civil Business in the High Court represents Phase 1 of the courts' adoption of IT

initiatives for civil proceedings in Hong Kong.

Authors: Antony Sassi, Carmel Green, David Smyth

Read more

COVID-19 Weekly Report | 13/04/2020

9 © Copyright LBR 2020

4.3. Europe

4.3.1. Corporate & Commercial

COVID-19 and public company AGMs Jersey - Ogier

COVID-19 is putting pressure on boards to make quick decisions about upcoming annual general meetings

(AGMs) and to communicate with their investors about how best to proceed in such uncertain times. This article

discusses how best to manage the upcoming AGM season in light of the government's new restrictive measures

and the developing COVID-19 pandemic.

Authors: Simon Dinning, James Fox, Alexander Curry

Read more

4.3.2. Corporate Tax

Tax credits for disposal of non-performing loan portfolios and unlikely-to-pay exposures Italy - Studio Legale e Tributario Biscozzi Nobili Piazza

The government recently published Decree-Law 18/2020, the so-called 'Heal Italy' decree-law, which entered into

force immediately. Article 55 of the decree-law entitles companies (not only banks and financial institutions, but

also industrial and commercial companies) willing to dispose of non-performing loan portfolios and unlikely-to-pay

exposures by 31 December 2020 to claim a conversion of deferred tax assets into tax credits, thus increasing their

cash flow during this period.

Authors: Andrea Spinzi, Oliviero Cimaz, Francesco Nobili

Read more

4.3.3. Employment & Immigration

COVID-19 and new employment measures Hungary - Schoenherr

The appearance and spread of COVID-19 in Hungary has made extraordinary measures necessary. The

government has declared a state of emergency and new measures have been adopted. This article summarises

the key information for employers with regard to COVID-19.

Authors: Dániel Gera, Dorottya Gindl

Read more

COVID-19 Weekly Report | 13/04/2020

10 © Copyright LBR 2020

Department of Citizenship and Expatriates issues new measures in light of COVID-19 Malta - Fenech & Fenech Advocates

In light of COVID-19, Identity Malta's Department of Citizenship and Expatriates has released a number of

measures which seek to assist third-country nationals and EU, EEA and Swiss nationals currently residing in Malta

with their respective obligations in terms of the Immigration Act and its subsidiary legislation. In addition to these

changes, the Central Visa Unit has implemented more rigid measures in light of the travel restrictions imposed.

This article provides an overview of the salient changes.

Author: Rebecca Diacono

Read more

4.3.4. Litigation

COVID-19: suspended proceedings and judicial terms Turkey - Gün + Partners

The Law on the Amendment of Certain Laws 7226 recently entered into force upon publication in the Official

Gazette. Pursuant to Law 7226, the procedural terms will be suspended until 30 April 2020 in order to prevent any

loss of rights in regard to trials due to the measures taken during the COVID-19 outbreak.

Authors: Beril Yayla Sapan, Asena Aytuğ Keser

Read more

4.3.5. Private Client & Offshore Services

Tax implications of COVID-19 pandemic for individuals and their families United Kingdom - Forsters LLP

Few would have anticipated only a few weeks ago that by March 2020 a large part of the world, including the

United Kingdom, would be or have been in virtual lockdown, with many planes grounded and borders closed.

However, that is the result of the spread of COVID-19. Along with the numerous health considerations, there are

also a number of tax consequences for individuals with connections in more than one jurisdiction, as well as for

those based in the United Kingdom.

Authors: Daniel Ugur, Nick Jacob, Nicole Aubin-Parvu, Alfred Liu

Read more

COVID-19 Weekly Report | 13/04/2020

11 © Copyright LBR 2020

4.3.6. Shipping & Transport

Coronavirus – possible effects on contracts and precautions for mariners Cyprus - Elias Neocleous & Co LLC

The Deputy Ministry of Shipping recently issued a circular on measures to minimise the risks of coronavirus to

seafarers, passengers and others on board ships and directed interested parties to the International Maritime

Organisation's (IMO's) Circular Letter 4204, which provides additional guidance on how to minimise the risks to the

maritime industry. All owners and managers of ships flying the Cyprus flag are strongly urged to promulgate the

information in IMO Circular Letter 4204.

Authors: Costas Stamatiou, Vasileios Psyrras

Read more

COVID-19: legal challenges for shipping industry Norway - Wikborg Rein

The fast spread of COVID-19 worldwide and the actions taken by regulatory bodies have created challenges for the

shipping industry in particular given its international character. Much information is available, but it is fragmented.

This article set outs several issues of importance and gives basic information to help parties handle the situation at

hand in the best possible manner.

Authors: Christian James-Olsen, Gaute K Gjelsten, Øyvind Axe, Øystein Meland

Read more

4.4. Latin America and the Caribbean

4.4.1. Competition & Antitrust

COVID-19 pandemic: economic competition considerations Mexico - SAI Law & Economics

Extraordinary measures are being taken by companies and governmental authorities to avoid aggravating the

current situation and adapt quickly to the new operational and regulatory challenges arising from the COVID-19

pandemic. Nonetheless, economic competition law is still in force. This article discusses a series of considerations

that companies should keep in mind to prevent potential competition risks relating to their behaviour or practices

during the pandemic.

Authors: Lucía Ojeda Cárdenas, Mariana Carrion

Read more

COVID-19 Weekly Report | 13/04/2020

12 © Copyright LBR 2020

4.4.2. Employment & Immigration

COVID-19: emergency employment and income maintenance programme Brazil - CGM Advogados

Provisional Measure 936 (PM 936) has been published and aims to maintain employment and preserve employees'

income, while ensuring businesses continuity and reducing the social impact of the COVID-19 pandemic. This

article highlights the main aspects covered by PM 936 and the relevant issues affecting labour relations.

Authors: Patricia Barboza, Maury Lobo

Read more

4.4.3. Environment & Climate Change

Air emissions obligations for industry and service sectors Mexico - Hogan Lovells BSTL SC

The Ministry of Environment and Natural Resources and the National Ecology and Climate Chance Institute are

continuing to help Mexico achieve its climate-change-related air emissions goals through data analysis, policy

management and the implementation of the emissions trading system pilot programme. As such, now is an ideal

time for actors in industry and service sectors to evaluate their air emissions obligations. Further, additional

obligations may apply to certain facilities due to the COVID-19 pandemic.

Authors: Brenda A Rogel Salgado, Jeanett Trad Nacif, Mario Jorge Yanez, Javier Camacho

Read more

4.5. North America

4.5.1. Competition & Antitrust

Antitrust agencies' COVID-19 response: federal and state authorities warn against price gouging USA - Norton Rose Fulbright LLP

In the wake of COVID-19, some sellers of essential goods and services have tried to greatly increase the cost of

their products to take advantage of increased demand. However, sellers should be aware that public officials

across the United States have expressed a willingness to prosecute price gougers and companies that facilitate

sales of goods with inflated prices. State attorneys general are at the forefront of investigating and prosecuting

instances of price gouging.

Authors: Vic Domen, William L Troutman

Read more

COVID-19 Weekly Report | 13/04/2020

13 © Copyright LBR 2020

4.5.2. Employment & Immigration

Employee privacy issues during COVID-19 pandemic Canada - Fasken

Employers that are continuing operations during the COVID-19 pandemic must take reasonable steps to protect

the health and safety of their workers. In order to do this, employers may need to ask employees some personal

questions about their health status or conduct health assessments. However, privacy laws continue to apply. This

article provides information about various privacy law issues that may arise when employers request personal

health information from employees.

Authors: Lorene A Novakowski, Kristen Woo

Read more

4.5.3. Intellectual Property

CIPO deadlines extended Canada - Smart & Biggar

Due to the ongoing COVID-19 pandemic, the Canadian Intellectual Property Office has further extended patent,

trademark and industrial design deadlines fixed under the relevant legislation. Deadlines up to 30 April 2020 have

now been extended until 1 May 2020.

Author: David Schwartz

Read more

4.5.4. International Trade

Import and distribution of face shields and respirators during COVID-19 pandemic USA - Arent Fox LLP

In response to the COVID-19 crisis, the US Food and Drug Administration has expanded its Enforcement

Discretion Policy for the import, distribution and use of certain masks and other personal protective equipment

(PPE) intended for medical use. In addition, US Customs and Border Protection has updated some previous

guidance for importing PPE and other medical devices during the pandemic.

Authors: David Salkeld, Deborah M Shelton

Read more

COVID-19 Weekly Report | 13/04/2020

14 © Copyright LBR 2020

Importing under COVID-19: some relief for medical supplies, but no universal duty deferral USA - Arent Fox LLP

To facilitate the import of personal protective equipment and other medical supplies in response to the COVID-19

pandemic, the government continues to waive some tariffs, but balks at broad relief. Among the recent

developments in this respect are the launch of a new US Customs and Border Protection (CBP) COVID-19

website. In addition, CBP and the Food and Drug Administration have issued updated guidance for importing

COVID-19 supplies and new Section 301 tariff exclusions have been published.

Authors: Teresa Polino, David Salkeld, Russell A Semmel

Read more

COVID-19 Weekly Report | 13/04/2020

15 © Copyright LBR 2020

5. Videos

ILO videos 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.

5.1. Latin America and the Caribbean

5.1.1. Aviation

Aviation industry trends – Brazil Brazil - Basch & Rameh

OnDemand

The fallout from the COVID-19 pandemic looks set to cast a long shadow over the Brazilian aviation sector in 2020.

The government has announced plans to assist airlines, but the possible relief efforts look set to affect Brazil's

adherence to the Cape Town Convention and the Montreal Convention. This video examines these relief measures

as well as Brazil's electronic filing system, which has come into its own during the COVID-19 lockdown.

Author: Kenneth D Basch

Read more

COVID-19 Weekly Report | 13/04/2020

16 © Copyright LBR 2020

6. About ILO

ILO delivers expert legal commentary, in the form of concise weekly newsletter emails, to senior corporate counsel

and law firm partners worldwide. Free to receive, the ILO newsletters have been providing tailored, quality-assured

updates on global legal developments to more than 72,000 registered subscribers since 1998.

ILO content is generated in collaboration with over 500 of the world's leading experts and covers more than 100

jurisdictions.

Produced in partnership with a team of specialised editors, the ILO newsletters provide editorially-driven, high-

quality legal news in the form of concise, regular updates from a single leader in their field.

6.1. Contact us

London

Meridian House

34-35 Farringdon Street

London EC4A 4HL

United Kingdom

T +44 20 7234 0606

F +44 20 7234 0808

enquiries@lbresearch.com

Hong Kong

1901, 19/F Dominion Centre

43-59 Queen’s Road East

Wan Chai

Hong Kong

T +852 3956 1600

F +852 2529 2277

enquiries@lbresearch.com

No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission of the publisher, Law Business Research. The facts of this report are believed to be correct at the time of publication but cannot be guaranteed. Please note that all findings, conclusions and recommendations that Law Business Research delivers will be based on information gathered in good faith from proprietary sources plus both primary and secondary sources, whose accuracy we are not always in a position to guarantee. The analysis and conclusions may not necessarily represent the views of the company(ies) covered. As such, Law Business Research can accept no liability whatsoever for actions taken based on any information that may subsequently prove to be incorrect.