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    Covid - 19 Legal Issue Compendium
    2020-05-11

    TABLE OF CONTENTS

    COVID-19: Summary of Key Issues.................................................................................... 1

    Filed under:
    Global, Banking, Capital Markets, Company & Commercial, Competition & Antitrust, Employment & Labor, Energy & Natural Resources, Healthcare & Life Sciences, Insolvency & Restructuring, Insurance, Internet & Social Media, IT & Data Protection, Litigation, Media & Entertainment, Real Estate, Morgan, Lewis & Bockius LLP, Medicare, Corporate governance, Medicaid, Employee Retirement Income Security Act 1974 (USA), Private equity, Cybercrime, H-1B visa, Fintech, Force majeure, Personal data, Cybersecurity, Coronavirus, Personal protective equipment, Paycheck Protection Program, Internal Revenue Service (USA), US Securities and Exchange Commission, European Commission, Federal Trade Commission (USA), HM Revenue and Customs (UK), UK House of Commons, Office of Foreign Assets Control (USA), USPTO, US Department of Labor, NASDAQ, GDPR, Tax Cuts and Jobs Act 2017 (USA), CARES Act 2020 (USA)
    Location:
    Global
    Firm:
    Morgan, Lewis & Bockius LLP
    Measures to reduce the risk of insolvency in the context of the COVID-19 pandemic in Romania
    2020-05-11

    During the current state of emergency, the Romanian government has adopted a series of measures aimed at reducing the negative effects of the COVID-19 pandemic on the business environment in Romania, such as supporting the payment of technical unemployment, state guarantees for loans with subsidised interest rates for SMEs, and VAT refunds to companies. However, in some sectors of the economy being severely hit, we expect possible future insolvency cases.

    1. Immediate action to be taken by the management of a company in the current context

    Filed under:
    Romania, Insolvency & Restructuring, Kinstellar, Force majeure, Coronavirus
    Location:
    Romania
    Firm:
    Kinstellar
    COVID-19 Special Newsletter - Spain | Week between May 11 and May 17
    2020-05-11

    Phase 1 of the ‘scaling-down’ process, third tranche of guarantees, extension of ERTE temporary layoffs, potential delay in the application of VAT directives and of DAC6, and measures to support the cultural sector

    Filed under:
    Spain, Arbitration & ADR, Company & Commercial, Employment & Labor, Insolvency & Restructuring, Litigation, Tax, Trade & Customs, Garrigues, Force majeure, Coronavirus, European Commission
    Authors:
    Mónica Martín de Vidales , Álvaro López-Jorrín , Carlos de los Santos , Alfredo Fernández Rancaño , Eduardo Abad Valdenebro , Rosa Zarza Jimeno , Adrian Thery
    Location:
    Spain
    Firm:
    Garrigues
    Commercial Bankruptcies in Mexico During Times of COVID-19
    2020-05-08

    The current worldwide health emergency has had serious effects on Mexico's economy. Companies in various sectors and industries are facing serious financial difficulties due to decreasing income, which is having a further effect in complying with their obligations before their creditors.

    Filed under:
    Mexico, Insolvency & Restructuring, Holland & Knight LLP, Force majeure, Coronavirus
    Authors:
    Juan Pablo Moyano , Alejandro Landa Thierry
    Location:
    Mexico
    Firm:
    Holland & Knight LLP
    Romania: Insolvency in the context of the Covid-19 pandemic
    2020-05-08

    1. Immediate action to be taken by the management of a company in the current context

    Filed under:
    Romania, Insolvency & Restructuring, Kinstellar, Force majeure, Coronavirus
    Location:
    Romania
    Firm:
    Kinstellar
    Mexico: COVID-19 - Decree initiative to add Fifteenth Title "Emergency Insolvency Regime" to the Insolvency and Bankruptcy Law (Ley de Concursos Mercantiles)
    2020-05-07

    In brief

    On 28 April 2020, it was presented before the Chamber of Senators an initiative of reform to the Insolvency and Bankruptcy Law that pretends to add an emergency insolvency proceeding. Such proceeding foresees that companies that are financially affected by an emergency (such as the COVID-19 pandemic, for example) can request and be subject to an automatic declaration of insolvency.

    Among the main proposals of additions, there is the creation of a new insolvency proceeding with the following characteristics:

    Filed under:
    Mexico, Insolvency & Restructuring, Baker McKenzie, Force majeure, Coronavirus
    Authors:
    Athziri Gabriela Soto-De la Torre , David Márquez-Lechuga
    Location:
    Mexico
    Firm:
    Baker McKenzie
    So You’re Thinking of Going Back to Work… A Legal Perspective for Leasing Professionals | Part 2
    2020-05-07

    Click here to read Part 1 of this article

    What is a tenant or landlord to do if the tenant can no longer afford the premises they have leased?

    Filed under:
    Canada, Employment & Labor, Insolvency & Restructuring, Litigation, Real Estate, WeirFoulds LLP, Force majeure
    Authors:
    Lisa Borsook
    Location:
    Canada
    Firm:
    WeirFoulds LLP
    Updated Country Guide: Government Measures Taken in Response to COVID-19
    2020-05-07

    In collaboration with our foreign law firm partners, we continue to update our chart of COVID-19 measures taken by governments around the world. Today’s update includes new information for many countries as indicated in the chart: Global Government Measures Taken in Response to COVID-19.

    Filed under:
    Australia, Belgium, Brazil, Canada, Chile, China, Costa Rica, El Salvador, Eurasia, European Union, France, Germany, Guatemala, Honduras, India, Indonesia, Israel, Italy, Japan, Mexico, Netherlands, Panama, Philippines, Poland, Russia, South Africa, South Korea, Spain, Thailand, Turkey, United Kingdom, USA, Vietnam, Banking, Company & Commercial, Corporate Finance/M&A, Employee Benefits & Pensions, Employment & Labor, Healthcare & Life Sciences, Insolvency & Restructuring, Leisure & Tourism, Product Regulation & Liability, Projects & Procurement, Public, Real Estate, Tax, Trade & Customs, Thompson Hine LLP, Wage, Dividends, Sick leave, Tax deduction, Subsidy, Force majeure, Annual general meeting, Tax deferral, Donald Trump, Coronavirus, CARES Act 2020 (USA)
    Location:
    Australia, Belgium, Brazil, Canada, Chile, China, Costa Rica, El Salvador, Eurasia, European Union, France, Germany, Guatemala, Honduras, India, Indonesia, Israel, Italy, Japan, Mexico, Netherlands, Panama, Philippines, Poland, Russia, South Africa, South Korea, Spain, Thailand, Turkey, United Kingdom, USA, Vietnam
    Firm:
    Thompson Hine LLP
    COVID-19: Directors' Duties and Personal Liability for Insolvent Trading
    2020-05-05

    The COVID-19 pandemic has caused significant disruptions to businesses and their cash flow, with some pushed to the brink of insolvency. The directors of a company should be aware of their duties and potential personal liability if the company continues to trade while it is insolvent. These duties and potential liability may also apply to officers primarily responsible for the management of the company.

    Overview of directors' duties

    A director owes various statutory and fiduciary duties to the company, including:

    Filed under:
    Malaysia, Company & Commercial, Insolvency & Restructuring, Lee Hishammuddin Allen & Gledhill, Force majeure, Coronavirus
    Authors:
    Mong Chung Seng , Chia Oh Sheng , Amelia Loh
    Location:
    Malaysia
    Firm:
    Lee Hishammuddin Allen & Gledhill
    Strategic Acquisitions of Distressed Companies in the COVID-19 Environment
    2020-05-04

    During the course of the most recent bull market, merger and acquisition (M&A) activity generally remained robust. We increasingly saw competitive auctions for desirable companies, some of which also had the ability to pursue an initial public offering instead of a sale. In the years since the 2008 financial crisis, many acquisitive companies have become accustomed to pursuing target companies with solid balance sheets and bright prospects.

    Filed under:
    USA, Insolvency & Restructuring, IT & Data Protection, Sidley Austin LLP, Due diligence, Force majeure, Coronavirus, Committee on Foreign Investment in the United States, GDPR, Hart-Scott-Rodino Antitrust Improvements Act 1976 (USA)
    Authors:
    Jennifer Fitchen
    Location:
    USA
    Firm:
    Sidley Austin LLP

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