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 [email protected].
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
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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
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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
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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 [email protected].
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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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London EC4A 4HL
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T +44 20 7234 0606
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