2020 changed the way family celebrated the holidays. This was especially true for families with loved ones in skilled nursing facilities (SNFs). However, the 2021 holidays look like they will be brighter and visiting loved ones in SNFs will be easier thanks to new federal and state guidance. On November 12, 2021, the Centers for …
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On October 25, 2021, the Equal Employment Opportunity Commission (EEOC) issued a new guidance and questions and answers regarding COVID-19 issues confronting employers and employees. The EEOC’s Technical Assistance is entitled “What You Should Know about COVID-19 and the ADA, the Rehabilitation Act and Other EEO Laws.” This Technical Assistance also provides links and references …
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On September 6, 2021, New York Governor Hochul announced that the New York Commissioner of Health had designated COVID-19 as a highly contagious communicable disease that presents a serious risk of harm to public health under the New York HERO Act (the “HERO Act”). This new designation requires all New York employers to implement workplace …
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Marc Ullman was interviewed for the Nutraingredients-USA article, “Synthetic glycans developer issued warning over failure to file IND in COVID-19 trials.” The Food & Drug Administration (FDA) issued a warning letter to Kaleido for the way they set up trials for its synthetic glycans product. The FDA’s position was that the trials were attempting to …
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Erez Glambosky, Jeremy Honig, Mark Antar and Matt Meisel won reargument and summary judgment against a guarantor of a commercial lease, successfully persuading the Brooklyn Supreme Court to reverse itself, acknowledge its prior error in interpreting a new COVID-related provision of the NYC Administrative Code, and agree with Rivkin Radler’s interpretation of the law. Rivkin …
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In April 2020, in an article entitled, “Coronavirus and Statutes of Limitations in New York: A Lingering Effect?”, we discussed Governor Cuomo’s Executive Order 202.8, issued in the first year of the Covid-19 pandemic. We opined that, based on its language, it served to “toll,” rather than “suspend,” New York’s limitation periods.[1] On June 2, …
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The Delta variant, which increased COVID cases and hospitalizations, also prompted new federal and local COVID rules and mandates, and required employers to revisit their existing COVID policies. OSHA announced a new COVID Emergency Standard for health care employers to take effect in July 2021. This new Emergency Standard requires health care employers to address …
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The New York Department of Labor finally issued Model Safety Plans and Standards for airborne infectious diseases. All employers, regardless of size and with a worksite in New York, must adopt a safety plan by August 5, 2021, and must post, distribute and include the plan in their handbooks to all employees and new hires …
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On July 8, 2021, the New York City Department of Buildings issued Building Bulletin 2021-009 rescinding DOB’s Phase 1 Reopening Guidance and Building Bulletins 2020-006, 2020-010, 2020-015 and 2021-008. A copy of the BB 2021-009 may be found at the following link:  https://www1.nyc.gov/assets/buildings/bldgs_bulletins/bb_2021-009.pdf. Each of these Building Bulletins and the Reopening Guidance dealt with procedures …
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Michael Troisi, Brian Bank, Michael Welch, Laura Mulholland, and Michelle Vizzi secured dismissal of a COVID-19 business interruption putative class action on behalf of Badger Mutual Insurance Company. Three insured Las Vegas restaurants sued Badger in federal court (District of Nevada) on behalf of themselves and a putative class of other policyholders seeking coverage for over …
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On March 10, 2021, the American Bar Association released new guidance for attorneys working remotely. While there has never been a distinction in the Model Rules for Professional Conduct between working in a brick-and-mortar office or working remotely, the prevalence of remote work has increased significantly within the last year. Attorneys will likely continue working …
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Wendy was quoted in the New York Metro Super Lawyers magazine article, “What to Do if You Butt Heads with a Loved One’s Nursing Home.” The story covers what people’s options are should a family member take issue with New York’s guidelines on visiting those in skilled nursing facilities during Covid. To read the article, click …
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Michael Troisi was featured in the Best’s Insurance Law podcast, “How COVID-19 is Changing Business Interruption Claims.” Mike discusses how the courts are interpreting the virus exclusion in insurance policies in light of the coronavirus. To listen to the podcast, click here. Share this article: …
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Yesterday, the Biden administration revoked parts of the Trump-era executive orders that had prevented certain foreign nationals from entering the United States due to the coronavirus outbreak. Here’s what you need to know: What’s Changed U.S. consulates can issue an immigrant visa (i.e. a “green card”) to foreign nationals seeking to enter the United States …
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Evan Schieber and Lawrence Han recently delivered a significant victory for the Firm’s client which was seeking the return of its $1 million down payment in a real estate transaction that failed to close. Prior to New York State’s shutdown of non-essential businesses in March 2020, the client had entered into a contract to purchase …
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