19
Private and Confidential | © Copyright Lexology 2020 COVID-19 Weekly Report 27 April 3 May 2020

COVID-19 Weekly Report - International Law OfficeShannon Rajan, Jocelyn Yean Tse Lim Read more 4.2.3.Corporate & Commercial Force majeure and impact of COVID-19 on contractual obligations

  • Upload
    others

  • View
    4

  • Download
    0

Embed Size (px)

Citation preview

Page 1: COVID-19 Weekly Report - International Law OfficeShannon Rajan, Jocelyn Yean Tse Lim Read more 4.2.3.Corporate & Commercial Force majeure and impact of COVID-19 on contractual obligations

Private and Confidential | © Copyright Lexology 2020

COVID-19 Weekly Report 27 April – 3 May 2020

Page 2: COVID-19 Weekly Report - International Law OfficeShannon Rajan, Jocelyn Yean Tse Lim Read more 4.2.3.Corporate & Commercial Force majeure and impact of COVID-19 on contractual obligations

COVID-19 Weekly Report | 04/05/2020

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

4.2. Asia Pacific ............................................................................................................................................................. 6

4.2.1. Aviation ...................................................................................................................................................... 6

4.2.2. Construction ............................................................................................................................................... 7

4.2.3. Corporate & Commercial ............................................................................................................................. 7

4.2.4. Insurance ................................................................................................................................................... 7

4.2.5. Intellectual Property .................................................................................................................................... 8

4.2.6. Litigation ..................................................................................................................................................... 8

4.2.7. Real Estate ................................................................................................................................................. 8

4.2.8. Tech, Data, Telecoms & Media .................................................................................................................... 9

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

4.3.1. Competition & Antitrust ................................................................................................................................ 9

4.3.2. Corporate & Commercial ........................................................................................................................... 10

4.3.3. Corporate Tax ........................................................................................................................................... 11

4.3.4. Employment & Immigration........................................................................................................................ 11

4.3.5. Healthcare & Life Sciences........................................................................................................................ 12

4.3.6. Intellectual Property .................................................................................................................................. 13

4.3.7. Litigation ................................................................................................................................................... 13

4.3.8. Shipping & Transport ................................................................................................................................ 14

4.3.9. Tech, Data, Telecoms & Media .................................................................................................................. 14

4.4. International .......................................................................................................................................................... 14

4.4.1. Aviation .................................................................................................................................................... 14

4.5. Latin America & the Caribbean .............................................................................................................................. 15

4.5.1. Environment & Climate Change ................................................................................................................. 15

4.6. North America ....................................................................................................................................................... 15

4.6.1. Aviation .................................................................................................................................................... 15

4.6.2. Employment & Immigration........................................................................................................................ 16

4.6.3. Franchising ............................................................................................................................................... 16

4.6.4. International Trade .................................................................................................................................... 16

4.6.5. Shipping & Transport ................................................................................................................................ 17

4.7. United Kingdom ..................................................................................................................................................... 17

4.7.1. Employment & Immigration........................................................................................................................ 17

4.7.2. Franchising ............................................................................................................................................... 18

5. About ILO .................................................................................................................................................................. 19

5.1. Contact us ............................................................................................................................................................. 19

Page 3: COVID-19 Weekly Report - International Law OfficeShannon Rajan, Jocelyn Yean Tse Lim Read more 4.2.3.Corporate & Commercial Force majeure and impact of COVID-19 on contractual obligations

COVID-19 Weekly Report | 04/05/2020

3 © Copyright LBR 2020

1. Foreword

Many countries have now passed the peak of the COVID-19 pandemic, with infection rates and daily death tolls

beginning to decline. Some jurisdictions are taking the first steps towards relaxing lockdown measures and

restarting their economies at large. However, the threat posed by the virus is still far from vanquished, with a

vaccine unlikely to be available to the general public before the end of the year.

As such, companies and their counsel will likely turn their attention to the numerous issues to consider when

reopening their businesses. Even in places where reopening is legally permitted, the question of whether, when

and how to resume on-site operations will need to be addressed with a finely balanced holistic approach which can

nonetheless adapt to ever-evolving government guidance and fast-moving developments concerning the virus

itself. Directors should be fully attuned to the fact that business will not automatically return to normal; on the

contrary, there will be a new normal to contend with for the foreseeable future. For most companies, navigating

their responsibilities as employers will be of utmost concern – with issues ranging from health and safety and

annual leave policies to business travel.

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

Page 4: COVID-19 Weekly Report - International Law OfficeShannon Rajan, Jocelyn Yean Tse Lim Read more 4.2.3.Corporate & Commercial Force majeure and impact of COVID-19 on contractual obligations

COVID-19 Weekly Report | 04/05/2020

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 3 May 2020.

Employment & Immigration has the most published COVID-19 content to date – a trend which is likely to continue

given the emergence of wrongful death suits and negligence claims against employers in several jurisdictions

Page 5: COVID-19 Weekly Report - International Law OfficeShannon Rajan, Jocelyn Yean Tse Lim Read more 4.2.3.Corporate & Commercial Force majeure and impact of COVID-19 on contractual obligations

COVID-19 Weekly Report | 04/05/2020

5 © Copyright LBR 2020

3. Key legal issues this week

HEALTH AND SAFETY: Any plans to reopen workplaces must put employee and customer health and safety at the forefront. This will likely involve substantial changes to working practices, such as phased employee returns, reconfiguring offices to account for physical distancing rules and procuring sufficient sanitary supplies and protective equipment. The wider economic and practical impact of implementing these measures – potentially for many months – should be carefully considered.

1

PERSONAL DATA: Implementing health and safety measures will often require the collection of personal data – for instance, in the case of employee health checks to ensure their fitness to return to work after contracting COVID-19. Maintaining the confidentiality of such data, and holding it for no longer than absolutely necessary, will be vital to ensuring compliance with the relevant data protection laws, especially as the rules regarding personal health data are often much stricter than those covering other types of personal information.

2

EMPLOYER LIABILITY: Part and parcel with the aforementioned measures is the issue of employer liability for failure to adequately protect the health and personal data of employees. In some cases, not even strict compliance with the relevant government guidelines will be an absolute shield to negligence or statutory claims, as such guidance is often non-binding. Moreover, in some jurisdictions, breach of health and safety legislation constitutes a criminal offence. Employers should therefore carefully review their legal duties and insurance cover in this regard.

3

Page 6: COVID-19 Weekly Report - International Law OfficeShannon Rajan, Jocelyn Yean Tse Lim Read more 4.2.3.Corporate & Commercial Force majeure and impact of COVID-19 on contractual obligations

COVID-19 Weekly Report | 04/05/2020

6 © Copyright LBR 2020

4. Expert commentary

Over the past seven days 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

Immigration permits and COVID-19

Nigeria - Bloomfield Law

This article outlines the potential impact of the COVID-19 pandemic on immigration permits as employers apply to

expatriate workers in Nigeria. Immigration permits are time bound and for a definite period. Thus, one key question

remains: if the lockdown is extended for several months beyond the initial 14-day period, will it be necessary to

extend the tenure of the expatriate quota to cover the lockdown period in affected states?

Authors: Adekunle Obebe, Bolaji Fasehun, Solomon Oshinubi

Read more

4.2. Asia Pacific

4.2.1. Aviation

COVID-19: MAVCOM issues commentary on impact of potential government aid

Malaysia - SKRINE

The COVID-19 pandemic's impact on the Malaysian economy during this period of uncertainty and crisis depends

on national-level efforts to contain the virus. Until then, the global restrictions imposed on travel will continue to

severely undermine the aviation industry, possibly to the extent of necessitating government intervention in the

market. It would be prudent for the government to consider the Malaysian Aviation Commission's position when

conducting any cost-benefit analysis of measures or aid.

Authors: Trevor Jason Mark Padasian, Ryan Jaafar

Read more

Page 7: COVID-19 Weekly Report - International Law OfficeShannon Rajan, Jocelyn Yean Tse Lim Read more 4.2.3.Corporate & Commercial Force majeure and impact of COVID-19 on contractual obligations

COVID-19 Weekly Report | 04/05/2020

7 © Copyright LBR 2020

4.2.2. Construction

COVID-19 and construction projects – what you need to know and what you can do

now

Malaysia - SKRINE

In its effort to contain the COVID-19 outbreak, the government has implemented the Movement Control Order

(MCO) throughout Malaysia. The MCO has affected the performance of non-essential works, including works at

project and construction sites where workers are required to stop work. Questions remain, including does the

COVID-19 outbreak or the MCO constitute a force majeure event? And how does the outbreak or the MCO affect

parties' rights and obligations in terms of timing and costs?

Authors: Shannon Rajan, Jocelyn Yean Tse Lim

Read more

4.2.3. Corporate & Commercial

Force majeure and impact of COVID-19 on contractual obligations

Indonesia - ABNR

Given the economic dislocation caused by the spread of COVID-19, many parties facing difficulties in performing

contracts will be considering their legal situation. Can they be held liable for damages for a breach of contract or

losses suffered by third parties due to circumstances beyond their control or does the law provide a relief

mechanism for dire circumstances such as these? Although Indonesian law provides a relief mechanism, it is a

difficult one of which to avail.

Authors: Emir Nurmansyah, Nafis Adwani, Agus Ahadi Deradjat

Read more

4.2.4. Insurance

COVID-19: regulatory updates

India - Tuli & Co

In order to address the ever-changing COVID-19 pandemic in India, the government has issued various

notifications, including a nationwide closure of all public and private establishments (except for essential service

providers), which have had a direct impact on the normal functioning of entities, including those in the insurance

sector. This article provides an overview of the key notifications and guidelines issued by the Insurance Regulatory

and Development Authority of India with respect to the COVID-19 pandemic.

Authors: Celia Jenkins, Anuj Bahukhandi, Nimisha Srivastava

Read more

Page 8: COVID-19 Weekly Report - International Law OfficeShannon Rajan, Jocelyn Yean Tse Lim Read more 4.2.3.Corporate & Commercial Force majeure and impact of COVID-19 on contractual obligations

COVID-19 Weekly Report | 04/05/2020

8 © Copyright LBR 2020

4.2.5. Intellectual Property

TIPO releases patent information for COVID-19 clinical trial drugs

Taiwan - Lee and Li Attorneys at Law

Research and development (R&D) efforts for COVID-19 diagnosis and treatment methods are in full swing. To

promote and protect the results of this R&D, the Taiwan Intellectual Property Office (TIPO) has verified the

Taiwanese patent database by comparing it with the COVID-19-related clinical trials currently registered in the US

clinical trial database. Further, TIPO has released current Taiwanese patent information regarding COVID-19-

related clinical trial drugs for public reference.

Author: Tsung-Yuan Shen

Read more

4.2.6. Litigation

General adjournment did not extend duration of urgent injunction

Hong Kong - RPC

In Hong Kong, the courts have generally been closed, save for urgent and essential court business, as a result of

COVID-19. Details have been set out in various public notifications issued from time to time by the judiciary

administration. However, a court has held that the general adjourned period (GAP) does not generally extend the

duration of an injunction granted on an urgent basis before the GAP commenced and listed for a return date (for

continuation or discharge) that falls during the GAP.

Authors: Antony Sassi, David Smyth

Read more

4.2.7. Real Estate

COVID-19: no running around condominium compound

Malaysia - SKRINE

With the implementation of the Movement Control Order (MCO) in Malaysia to combat the COVID-19 pandemic,

the movement of Malaysian residents is effectively restricted to their homes unless it is for essential needs. For

strata property residents, the foremost question in their minds is whether movements within the common properties

are restricted. Can residents jog around the condominium during the relevant period? Can the poolside cafe open

for business?

Authors: Jocelyn Yean Tse Lim, Jeremiah Ch’ng

Read more

Page 9: COVID-19 Weekly Report - International Law OfficeShannon Rajan, Jocelyn Yean Tse Lim Read more 4.2.3.Corporate & Commercial Force majeure and impact of COVID-19 on contractual obligations

COVID-19 Weekly Report | 04/05/2020

9 © Copyright LBR 2020

4.2.8. Tech, Data, Telecoms & Media

PTS Channel 3 assigned to provide support for distance learning during pandemic

Taiwan - Shay & Partners

The National Communications Commission recently reached an agreement with the Ministry of Education that due

to possible school closures during the COVID-19 pandemic, Channel 3 of Public Television Services will be

assigned to provide support for distance learning to meet the needs of junior and high schools nationwide.

Author: Arthur Shay

Read more

4.3. Europe

4.3.1. Competition & Antitrust

Merger control time limit suspension extended

Denmark - Gorrissen Federspiel

On 16 March 2020 significant parts of Denmark's public administration were shut down as a result of the COVID-19

pandemic. Although the shutdown has begun to ease up, the merger control time limit suspension remains and has

been extended by executive order until 10 May 2020.

Authors: Martin André Dittmer, Thomas Skou

Read more

FCO guidance on cooperation between competitors during COVID-19 crisis

Germany - Fieldfisher (Germany) LLP

The antitrust authorities have signalled their approval for cooperation between competitors during the ongoing

COVID-19 crisis. President of the Federal Cartel Office Andreas Mundt and EU Commissioner Margrethe Vestager

emphasise that the authorities are open to direct communication. According to Mundt, even after the crisis,

cooperation might be necessary to overcome economic difficulties.

Author: Sascha Dethof

Read more

Page 10: COVID-19 Weekly Report - International Law OfficeShannon Rajan, Jocelyn Yean Tse Lim Read more 4.2.3.Corporate & Commercial Force majeure and impact of COVID-19 on contractual obligations

COVID-19 Weekly Report | 04/05/2020

10 © Copyright LBR 2020

COVID-19: state aid scheme sets maximum prices and margins for certain goods

Poland - Schoenherr

The European Commission recently approved a state aid scheme worth Zl3.5 billion (approximately €700 million)

for loans and guarantees to support the Polish economy in the context of the COVID-19 outbreak. The scheme will

allow the Polish authorities to grant aid to support Polish companies affected by the COVID-19 outbreak by

providing liquidity support in the form of guarantees on loans and subsidised interest rates for loans. This article

addresses the new competition rules under the scheme.

Author: Agnieszka Stawiarska

Read more

4.3.2. Corporate & Commercial

Electronic signing of documents in light of COVID-19

Guernsey - Ogier

With self-isolation and social distancing now the rule rather than the recommendation, working from home has

become the norm. Although these actions have proven necessary, they also present certain logistical and

administrative obstacles to companies continuing their business efficiently and effectively. Key questions in this

regard are whether the directors of a Guernsey company can execute documents electronically and whether they

can rely on documents executed in such a manner.

Authors: Craig Cordle, Bryon Rees, James Walsh, James Dickinson

Read more

COVID-19 and business: force majeure

Slovakia - Allen & Overy LLP

Within the framework of commercial relationships, the question has arisen as to whether the COVID-19 pandemic

may be considered a force majeure event and, if so, what impact this could have on contractual obligations.

Notably, the occurrence of a force majeure event does not automatically relieve the liability to fulfil an obligation.

Authors: Matej Kosalko, Martin Magal

Read more

Page 11: COVID-19 Weekly Report - International Law OfficeShannon Rajan, Jocelyn Yean Tse Lim Read more 4.2.3.Corporate & Commercial Force majeure and impact of COVID-19 on contractual obligations

COVID-19 Weekly Report | 04/05/2020

11 © Copyright LBR 2020

4.3.3. Corporate Tax

Tax measures introduced due to COVID-19

Cyprus - Elias Neocleous & Co LLC

The government has introduced a variety of tax measures intended to help taxpayers preserve their cash flows and

ease the administrative burden on them during the COVID-19 health emergency. In this regard, the deadlines for

payment of indirect taxes and those pertaining to tax returns have been extended.

Author: Elena Christodoulou

Read more

Tax measures to support businesses during СOVID-19 pandemic

Russia - Gorodissky & Partners

The COVID-19 pandemic and the measures taken to combat it will have a significant impact on both the global and

Russian economies. The government has taken a number of measures to stop the spread of the virus, such as

suspending the activities of most Russian businesses, including service providers, from 27 March until 30 April

2020. As such, the government has also had to adopt a comprehensive support programme for affected

businesses.

Author: Valery Narezhniy

Read more

4.3.4. Employment & Immigration

How to introduce a temporary COVID-19 unemployment regime based on force

majeure

Belgium - ALTIUS

Until recently, when considering implementing a temporary unemployment regime within a company, employers

could, depending on their specific situation, apply for the temporary unemployment regime based on either 'force

majeure' or 'economic reasons'. The government has implemented a temporary COVID-19 unemployment regime

whereby if an employer is faced with temporary unemployment due to the COVID-19 pandemic, this situation is

automatically considered to be force majeure.

Authors: Phillipe De Wulf, Esther Soetens, Emma Van Caenegem

Read more

Page 12: COVID-19 Weekly Report - International Law OfficeShannon Rajan, Jocelyn Yean Tse Lim Read more 4.2.3.Corporate & Commercial Force majeure and impact of COVID-19 on contractual obligations

COVID-19 Weekly Report | 04/05/2020

12 © Copyright LBR 2020

New COVID-19 employment measures to respond to economic crisis

Belgium - ALTIUS

The government has adopted new socio-economic measures that aim to support the Belgian economy during the

COVID-19 economic downturn. Most of the measures seek to encourage individuals to continue working and allow

for more flexibility in the way that work can be carried out. This article provides an overview of the different

measures that have been approved by the Council of Ministers.

Authors: Phillipe De Wulf, Esther Soetens, Astrid Caporali

Read more

Prohibition on termination and unilateral unpaid leave enters into force

Turkey – Gün + Partners

The Law on Minimising the Impacts of the New Coronavirus (COVID-19) Outbreak on Economic and Social Life

and the Amendment of Certain Laws recently entered into force. The most significant amendments include the

prohibition on employers terminating employment contracts for three months as of 17 April 2020 and the provision

that employers can impose unpaid leave without an employee’s consent during the three-month prohibition period.

Authors: Beril Yayla Sapan, Asena Aytuğ Keser

Read more

4.3.5. Healthcare & Life Sciences

Medical supplies: public procurement procedures in cases of extreme urgency

Belgium – ALTIUS

The COVID-19 outbreak has created an urgent need for certain goods, including medicines and medical devices.

However, do public authorities (eg, hospitals) still need to follow the complete public procurement procedures to

procure these urgently needed goods? In cases of extreme urgency, such as that presented by the COVID-19

pandemic, contracting authorities can use the negotiated procedure without publication to place tenders.

Authors: Vera Van Thuyne, William Timmermans

Read more

Page 13: COVID-19 Weekly Report - International Law OfficeShannon Rajan, Jocelyn Yean Tse Lim Read more 4.2.3.Corporate & Commercial Force majeure and impact of COVID-19 on contractual obligations

COVID-19 Weekly Report | 04/05/2020

13 © Copyright LBR 2020

Federal government restricts sale of PPE and medical devices for fighting COVID-

19

Belgium - ALTIUS

The minister of economic affairs recently adopted a ministerial decree which restricts the retail and wholesale

distribution of certain types of personal protective equipment and medical devices used for treating COVID-19

patients. Further amendments were implemented by ministerial decrees on 27 March 2020 and 7 April 2020. This

article provides a short description of the relevant trade restrictions followed by a legal analysis in light of

fundamental principles of EU law.

Authors: Christophe Ronse, Hanne Baeyens

Read more

4.3.6. Intellectual Property

Patent infringement to deal with COVID-19 emergency: possible exemptions

Italy - IP Law Galli

In a province badly affected by COVID-19, valves for respirators used in hospitals in emergency COVID-19 therapy

have been replicated locally with a 3D printer (the original valves are reproduced and patent protected) to cope with

valve shortages and the impossibility of receiving them in time from the authorised manufacturer. In this case, the

fact that a 3D printer is being used for non-commercial production purposes could be per se relevant as an

exemption from liability.

Author: Cesare Galli

Read more

4.3.7. Litigation

COVID-19: securing receivables while enforcement is suspended

Slovenia - Schoenherr

One of the measures adopted to combat the spread of COVID-19 in Slovenia is the suspension of all non-urgent

court proceedings, including enforcement proceedings, until further notice. However, the suspension of court

proceedings does not apply to urgent matters, including all security proceedings under the Claim Enforcement and

Security Act, provided that they do not require physical contact between the participants.

Authors: Bojan Brežan, Jan Primožič

Read more

Page 14: COVID-19 Weekly Report - International Law OfficeShannon Rajan, Jocelyn Yean Tse Lim Read more 4.2.3.Corporate & Commercial Force majeure and impact of COVID-19 on contractual obligations

COVID-19 Weekly Report | 04/05/2020

14 © Copyright LBR 2020

4.3.8. Shipping & Transport

Cyprus ship registry: updates on precautions for mariners in relation to COVID-19

Cyprus - Elias Neocleous & Co LLC

The Shipping Deputy Ministry recently informed the registered owners, charterers, ship managers and

representatives of Cyprus-flagged ships of a number of new circular letters issued by the International Maritime

Organisation. All owners and managers of Cyprus-flagged ships are advised to take note and implement the

measures contained in the circular letters and the interim advice for ship operators prepared at the request of the

Directorate General for Health and Food Safety.

Authors: Costas Stamatiou, Vasileios Psyrras

Read more

4.3.9. Tech, Data, Telecoms & Media

COVID-19: telecoms and data protection developments

Austria - Schoenherr

Due to the COVID-19 pandemic, telecoms providers must now send mass alerts (eg, regional access prohibitions)

via text message on order of the government and provide traffic and location data for the purposes of evaluating

whether individuals are complying with quarantine orders. In addition, a number of legislative developments have

taken place with respect to data protection. This article outlines these recent changes.

Author: Günther Leissler

Read more

4.4. International

4.4.1. Aviation

COVID-19: aircraft lessor checklist International - Vedder Price LLP

Although the full effects of the COVID-19 outbreak are unknown, one thing that is certain is that leasing companies

are receiving, and will continue to receive, requests from lessees across the globe to defer lease rentals and

otherwise restructure leases. Luckily, there are numerous actions that leasing companies can take now, or as part

of any rent deferral or restructuring discussion, to ensure that they are as prepared as possible should enforcement

or related action be required in the future.

Authors: Bill Gibson, James Kilner, Adam R Beringer

Read more

Page 15: COVID-19 Weekly Report - International Law OfficeShannon Rajan, Jocelyn Yean Tse Lim Read more 4.2.3.Corporate & Commercial Force majeure and impact of COVID-19 on contractual obligations

COVID-19 Weekly Report | 04/05/2020

15 © Copyright LBR 2020

4.5. Latin America & the Caribbean

4.5.1. Environment & Climate Change

CONAGUA moves forward with online procedures system during COVID-19

quarantine

Mexico - Hogan Lovells BSTL SC

Given the current situation brought about by COVID-19 and the subsequent suspension of private and

governmental activities, the National Waters Commission (CONAGUA) has been reconsidering its online

procedures system, which was initially published in the Federal Official Gazette on 1 October 2018 but was not

implemented until late 2019. CONAGUA's ultimate goal in this respect is the complete substitution of traditional in-

person-initiated procedures with their digital counterparts.

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

Camacho

Read more

4.6. North America

4.6.1. Aviation

Proposed class action claims refunds for flights cancelled due to COVID-19

Canada - Bersenas Jacobsen Chouest Thomson Blackburn LLP

Air Canada, WestJet, Air Transat, Sunwing, and Swoop are facing a proposed class action for offering vouchers

and credits in lieu of refunds for flights that were cancelled due to the COVID-19 pandemic. It remains to be seen

whether a class action with such a wide scope – as opposed to a government bailout or coordinated response from

regulators – will be considered the most efficient way to deal with the claims of those whose flights have been

cancelled due to COVID-19.

Authors: Carlos P Martins, Emma Romano

Read more

FAA grants airlines relief from airport slot use restrictions due to COVID-19

USA - Cozen O'Connor

The Federal Aviation Administration (FAA) has announced that US and foreign carriers that cancel or reduce

service at US slot-controlled airports will not forfeit their slots. The FAA is waiving its 80% minimum use

requirement for slots at certain US slot-controlled airports until 24 October 2020. Foreign carriers' retention of their

slots at US airports is contingent on reciprocity.

Author: David Heffernan

Read more

Page 16: COVID-19 Weekly Report - International Law OfficeShannon Rajan, Jocelyn Yean Tse Lim Read more 4.2.3.Corporate & Commercial Force majeure and impact of COVID-19 on contractual obligations

COVID-19 Weekly Report | 04/05/2020

16 © Copyright LBR 2020

4.6.2. Employment & Immigration

Open for business: how 'essential' businesses can keep their workplace healthy

and safe

USA - McDermott Will & Emery

Most states have issued some form of 'shelter in place' or 'stay at home' order to flatten the curve of COVID-19. As

a result, many business operations have been temporarily suspended, unless the business is engaged in essential

or critical infrastructure functions or supports businesses engaged in such functions. For businesses that are

considered 'essential' and have employees still reporting to work, what steps can employers take to keep their

workplace healthy and safe?

Authors: Michelle Strowhiro, Lindsay Ditlow

Read more

4.6.3. Franchising

COVID-19 and the franchise landscape Canada - Lapointe Rosenstein Marchand Melançon LLP

While some franchised businesses have transitioned to working remotely and have ramped up their e-commerce

business models in light of the COVID-19 pandemic, the vast majority of traditional franchised businesses are in a

precarious state due to a drastic reduction in revenues and uncertain economic conditions for the foreseeable

future. This article sets our practical tips and considerations for franchisors and franchisees with respect to

navigating COVID-19.

Authors: Bruno Floriani, Marissa Carnevale, Tanya Nakhoul

Read more

4.6.4. International Trade

FEMA: certain exports of respirators, masks and gloves exempt from ban

USA - Arent Fox LLP

In a notification of exemptions action recently published for public inspection, the Federal Emergency Management

Agency (FEMA) set out a list of exemptions to its requirement for prior approval to export previously identified

scarce medical personal protective equipment. However, despite its attempt to clarify previous rules and guidance,

FEMA's notice has raised nearly as many questions as it answers.

Authors: Sylvia G Costelloe, Kay C Georgi, Regan K Alberda, Marwa M Hassoun

Read more

Page 17: COVID-19 Weekly Report - International Law OfficeShannon Rajan, Jocelyn Yean Tse Lim Read more 4.2.3.Corporate & Commercial Force majeure and impact of COVID-19 on contractual obligations

COVID-19 Weekly Report | 04/05/2020

17 © Copyright LBR 2020

Importing and COVID-19: companies suffering financial hardship granted reprieve

to pay duties USA - Arent Fox LLP

Effective 20 April 2020, the government has introduced a temporary 90-day postponement of certain import

payment deadlines for companies and individuals experiencing significant financial hardship due to the economic

fallout from the COVID-19 pandemic. This announcement follows a previously abandoned US Customs and Border

Protection action to provide relief, intense lobbying on both sides of the issue and mixed signals from the Trump

administration.

Authors: David R Hamill, Teresa Polino, David Salkeld, Antonio J Rivera

Read more

4.6.5. Shipping & Transport

USCG guidelines in response to COVID-19 pandemic

USA - Wilson Elser

In response to the COVID-19 pandemic, the United States Coast Guard has released a series of marine safety

information bulletins to keep the marine industry informed and provide guidance for the continued safe operation of

the maritime transportation system. The bulletins detail key maritime issues associated with the COVID-19

pandemic, including reporting requirements for illness or death, vessel inspections, exams, documentation and

federal drug testing requirements.

Author: Katherine W Lynch

Read more

4.7. United Kingdom

4.7.1. Employment & Immigration

Government plans to go ahead with reformed points-based immigration system

despite COVID-19 United Kingdom - Lewis Silkin

The Home Office has released an update for employers on the new points-based immigration system due to take

effect from January 2021. Despite the disruption caused by COVID-19, the Home Office still intends to go ahead

with the new immigration system within the timeframe outlined in its policy statement released on 19 February

2020. What does this mean for UK employers?

Authors: Stephen O'Flaherty, Ella Skinner

Read more

Page 18: COVID-19 Weekly Report - International Law OfficeShannon Rajan, Jocelyn Yean Tse Lim Read more 4.2.3.Corporate & Commercial Force majeure and impact of COVID-19 on contractual obligations

COVID-19 Weekly Report | 04/05/2020

18 © Copyright LBR 2020

Ramadan, COVID-19 and lockdown – how can employers support their staff?

United Kingdom - Lewis Silkin

Ramadan began on the evening of 23 April 2020 and will last for 30 days (until the evening of 23 May 2020), which

means that some or all of it will be taking place under the continued lockdown imposed on account of the COVID-

19 pandemic. What issues do employers need to be aware of during Ramadan?

Author: Tom Heys

Read more

4.7.2. Franchising

Retention of title – how can franchisors and suppliers best protect claims against

insolvent companies? United Kingdom - Fieldfisher LLP

In the wake of the economic turmoil caused by the COVID-19 crisis, a number of high-profile brands in the leisure

and hospitality sectors have entered or will soon enter into formal insolvency processes. Although failure rates

among franchises are typically lower than among non-franchised businesses, franchising will not be immune to this

trend. It is therefore important that franchisors and suppliers ensure that they have the contractual rights to act

quickly and effectively if the need arises.

Author: Gordon Drakes

Read more

Page 19: COVID-19 Weekly Report - International Law OfficeShannon Rajan, Jocelyn Yean Tse Lim Read more 4.2.3.Corporate & Commercial Force majeure and impact of COVID-19 on contractual obligations

COVID-19 Weekly Report | 04/05/2020

19 © Copyright LBR 2020

5. 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.

5.1. Contact us

London

Meridian House

34-35 Farringdon Street

London EC4A 4HL

United Kingdom

T +44 20 7234 0606

F +44 20 7234 0808

[email protected]

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

[email protected]

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.