Recent Publications

Brands Respond to COVID-19
April 3, 2020 | Intellectual Property
Many years ago, Mr. Rogers bestowed upon his audience some sage advice given to him by his mother after he would see scary things in the news. His mother told him “look for the helpers. You will always find people who are helping.” In these challenging times, certain brands have done precisely that – helped. …
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NJ Offers Emergency Funding for Small Businesses and Nonprofits
April 2, 2020 | Corporate
Beginning April 3, 2020, applications will open for both the federal SBA coronavirus relief funds and a program for New Jersey businesses being administered by the New Jersey Economic Development Authority. The NJEDA has launched a Small Business Emergency Assistance Grant program together with a Small Business Emergency Assistance Loan program. Both of the grant …
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Lower Stock Prices’ Silver Lining: Good Time to Gift Assets
April 2, 2020 | Tax | Trusts & Estates
The recent stock market volatility due to the coronavirus has understandably caused concern. When the market drops, however, it presents a great estate planning opportunity. Then, it’s the perfect time to gift assets to loved ones at a significant discount, something that would not have been possible even one month ago. Lower stock prices allow …
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State Governments Look to Property Insurers for Small Business Relief
April 2, 2020 | Insurance Coverage
The economic realities brought on by the COVID-19 pandemic have forced our government at both the federal and state level to take unprecedented action.  And, despite congressional passage of the Coronavirus Aid, Relief, and Economic Security Act (Cares Act), with its corresponding infusion of $2 trillion into the national economy, governors and other state officials, …
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Pandemic Prompts Focus on Attorney Civility
April 2, 2020 | Professional Liability
COVID-19 has sent litigation into a tailspin, with court closings and moratoriums on filings leaving attorneys scrambling to figure out how to balance their obligations to their clients to keep cases moving with the obstacles now in place. Many attorneys are not practicing out of their offices, do not have access to key files, and …
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Protect Your Videoconference from the ‘Zoombombing’ Epidemic
April 1, 2020 | Privacy, Data & Cyber Law
The New York Times reported that New York Attorney General Letitia James sent a letter to Zoom Video Conferencing, Inc. asking it to address recent challenges to its data privacy and security practices. One security problem that the letter discussed was the infiltration of hackers into the Zoom videoconference platform in a practice referred to …
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CMS Issues Guidance on Blanket Stark Law Waivers During COVID-19 Crisis
April 1, 2020 | Health Services
When the President has declared a national emergency under authorizing legislation, the Secretary of the U.S. Department of Health and Human Services is authorized to grant waivers to certain prohibitions under the Social Security Act, which includes the Stark Law, during a declared public health emergency in order to ensure (i) sufficient health care items …
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CMS Expands Accelerated and Advance Payment Program to Assist Providers
April 1, 2020 | Health Services
As healthcare providers continue to fight the coronavirus outbreak, many practices are suffering major disruptions due to the cancellation of elective surgeries and office visits, among other things. In an effort to lessen the financial hardships facing these providers, on March 28 the Centers for Medicare & Medicaid Services (CMS) announced an expansion of its …
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U.S. DOL Issues New Guidance on the Families First Coronavirus Response Act
March 31, 2020 | Employment & Labor
The Families First Coronavirus Response Act (FFCRA) will take effect on April 1, 2020, and will require all private employers with 499 or fewer employees to provide paid sick leave and emergency family leave to qualified employees. The FFCRA will apply to a broader set of individuals than New York’s paid sick leave law passed …
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Legal Protections for Healthcare Workers during the COVID-19 Pandemic
March 31, 2020 | Health Services | Medical Malpractice Defense
At a time when medical professionals are overwhelmed by the COVID-19 crisis, Governor Cuomo issued an executive order expanding resources to healthcare workers. The goal is to meet the treatment demands of coronavirus patients, and most significantly, provide health care providers with protection, in most instances, from lawsuits for medical malpractice and other potential liability. …
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Hidden Benefits of the Paycheck Protection Program for Landlords and Tenants
March 31, 2020 | Real Estate, Zoning & Land Use
With “stay at home” orders in effect throughout the United States, business has come to a virtual standstill in many markets, resulting in the closure of stores and offices, layoffs and furloughs of employees and other actions. As a result, nearly every commercial landlord and tenant is facing unprecedented challenges. Landlords and tenants alike are …
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Courts Respond to COVID-19 with Consolidated, Virtual Options
March 31, 2020 | Commercial Litigation
They say necessity is the mother of invention, and perhaps no less so in trying times like these. For years, the idea of virtual courts in New York has been discussed, and, in some very limited cases implemented. But now, in the current crisis, they are more necessary than ever and the Chief Judge of …
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DHS-CISA Updates Guidance on Essential Industries
March 31, 2020 | Health Services
On March 28, 2020, the U.S. Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency issued a much-needed update clarifying what constitutes “essential industry” during the national COVID-19 response.  This updated Guidance is especially important as many of the individual state declarations of emergency refer to “essential industry” without any enumeration, or specifically reference DHS-CISA …
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Behold the Prior Art: A (Patentable) Solution to the COVID-19 Pandemic?
March 31, 2020 | Intellectual Property
In his (perhaps, what will one day be a) seminal report on the results of a clinical trial, Dr. Didier Raoult and colleagues reported that after six days of administering hydroxychloroquine combined with azithromycin, 100% of patients infected with COVID-19 were “virologicaly cured,” compared with 57.1% who were treated with hydroxychloroquine only. In the control …
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An Important Message during Difficult Times
March 30, 2020 | Trusts & Estates | Tax
Friends and colleagues- My thoughts are with you during these uncertain times. First and foremost, I want you and your family to stay safe and healthy. Social distancing is a small price to pay for guarding the wellness of our most vulnerable. Second, I am sure you are anxious about your health and the health …
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