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The impact of the novel coronavirus on the global economy and on society the world over, is an historical and defining “moment” for humanity. Uncertainty and change are the only forces which will be certain and constant for some time.

Lex Caribbean has formed a COVID-19 Client Response Team to provide our clients with practical guidance to navigate the uncertainty caused by the spread of the novel coronavirus.

The Lex COVID-19 Client Response Team is a multidisciplinary unit aimed at leveraging our experience across the firm for the benefit of our clients. If you need support on any COVID-19 related issue in the following areas, please contact your usual Lex Caribbean contact, any one of the COVID-19 Client Response Team leaders (below) or click on one of the following headings to email your query directly to the team.

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  • With the increased use and reliance on technology to support remote working, what are the data protection and cybersecurity implications for companies, individuals and financial institutions?

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  • What are the local laws relating to Health & Safety in the workplace?
  • What is the difference between “layoff”, “redundancy” and “severance”?
  • If employees withhold services during a national shutdown, can employers withhold pay?
  • What is continued employment?
  • Can you contract out of local labour legislation?

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  • What is Force Majeure? Could the effects of a pandemic such as the Corona Virus qualify?
  • What is the effect of a failure to fulfil Conditions Precedent in the current situation, for example, a Condition Precedent on the part of the seller to continue to operate and maintain a business before closing?
  • How can typical Conditions Precedent be re-framed and re-negotiated to be workable in the current extraordinary circumstances?

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  • What are the obligations of the tenant and landlord in relation to the maintenance and upkeep of the leased property?
  • What are the obligations of the tenant and landlord in relation to public liability insurance?
  • What does business interruption insurance cover?
  • What is the effect of a lease with no termination clause on the parties’ rights to terminate?

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  • What are the options for restructuring a loan? What effect can restructuring have on the existing security package?
  • How can we help you protect or perfect your security when government closures interfere with traditional registration processes?
  • What is a Material Adverse Effect in the context of the Corona Virus pandemic and your transaction?
  • What if the effect of a decrease in the value of the security? On what basis can additional security be demanded by the lender?
  • How can you prevent a prospective lender from refusing to close?

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  • What options are available to companies wishing to restructure or reorganise their debts during this uncertain financial time?
  • What are the benefits associated with initiating formal insolvency proceedings? What are the related risks or disadvantages?
  • When is an individual or company considered “insolvent” under the laws of Barbados?
  • What does it mean to “file for bankruptcy” and is this an option that you or your company should consider?
  • What alternate forms of debt recovery are available to creditors of “at risk” businesses at this time?
  • What is the impact of formally restructuring or filing for bankruptcy on a company’s employees?
  • What steps should you take if a company or individual that owes you or your company money files for bankruptcy or makes a proposal to its creditors?

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  • What is the impact of physical distancing measures on my litigation matter? Is my High Court litigation stalled indefinitely?
  • What if I need help urgently? Can I file any new claims or applications the in High Court now?
  • Is it possible to keep my matter going by opting to resolve out of court via arbitration or any other method of dispute resolution?
  • Can I advance my arbitration or mediation remotely?

Lex Caribbean COVID-19 Response Team Leadership

Melanie Jones

Managing Partner
Global Business and Entrepreneurial Business Groups

T: 1 (246) 539-3797

F: 1 (246) 430-3899

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melanie-jones

Mary Mahabir

Senior Partner
Corporate Group

T: 1 (246) 539-3752

F: 1 (246) 430-3899

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mary-mahabir

Garth Patterson

Senior Partner
Litigation and Disputes, Restructuring and Insolvency Groups

T: 1 (246) 539-3779

F: 1 (246) 430-3899

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garth-patterson

Vidisha Hathiramani

Partner
Corporate Group

T: 1 (246) 539-3755

F: 1 (246) 430-3899

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vidisha-hathiramani

Tammi C. Pilgrim

Partner
Litigation and Disputes Group

T: 1 (246) 539-3768

F: 1 (246) 435-3776

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tammi-pilgrim

Anice C. N. Granville

Partner
Conveyancing and Property Development Group

T: 1 (246) 539-3834

F: 1 (246) 435-3776

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anice-granville

Onika E. Stewart

Partner
Corporate Group

T: 1 (246) 539-7667

F: 1 (246) 430-3899

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onika-stewart