Recent Publications

Paycheck Protection Program Helps with Operating Expenses
March 30, 2020 | Corporate
The CARES Act, signed into law on March 27, 2020, contains a component that will quickly provide businesses with loans to compensate for lost revenues due to COVID-19. The Paycheck Protection Program is making $349 billion available to small businesses that were operating as of February 15, 2020, and that have been impacted by coronavirus. …
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Stimulus Package Includes Bankruptcy Updates
March 30, 2020 | Bankruptcy
The Coronavirus Aid, Relief, and Economic Security Act(CARES Act), signed by President Trump on March 27, 2020, contains key changes to the Bankruptcy Code. The CARES Act and the previously enacted Small Business Reorganization Act (SBRA) will impact consumers and small businesses that have filed, or may be faced with filing, for bankruptcy relief in …
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CARES Act Includes Behavioral Health and Substance Abuse Provisions
March 30, 2020 | Health Services
Several of the provisions in the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), signed into law on March 27, will help people with substance use disorders (SUDs) and the healthcare professionals who care for them. Congress has recognized that people with SUDs are especially vulnerable during the current public health emergency, and economic …
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CARES Act Changes Privacy Rules for Substance Use Disorder Records
March 30, 2020 | Health Services
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), signed into law on March 27, made some substantial changes to the confidentiality rules for substance abuse and mental health records to bring them in line with HIPAA confidentiality rules. In addition, references to “substance abuse” have been updated to “substance use disorder.”  Patient Consent …
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New York Halts All Non-Essential Construction
March 27, 2020 | Construction
Amid the exponential increase of COVID-19 cases in the State of New York and, more specifically in New York City, Governor Cuomo today issued an order requiring all “non-essential” construction in the State of New York to shut down, with the exception of: (i) emergency projects necessary to protect the health and safety of building …
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U.S. Dept. of Labor Provides Additional Guidance For Employers
March 27, 2020 | Employment & Labor
As we have previously reported, on March 18, 2020 President Donald J. Trump signed the Families First Coronavirus Response Act (FFCRA). The FFCRA provides for two leave requirements arising in different portions of the Act: The right to Public Health Emergency Leave, which amends the existing statutory text of the Family and Medical Leave Act …
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Remote Participation in Shareholder Meetings in the Age of Coronavirus
March 27, 2020 | Corporate
UPDATE After this article was published, New York Governor Andrew Cuomo issued an executive order clarifying this issue. According to the order, due to the coronavirus pandemic, until April 19, 2020, companies incorporated in New York are permitted to hold virtual-only shareholder meetings. The executive order temporarily provides relief from the portions of subsection (a) …
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New York Insurance Coverage Law Update
March 27, 2020 | Insurance Coverage
Policy Endorsement Waived Contribution From Additional Insured’s Insurer, First Department Decides A claimant sued the New York City Housing Authority (“NYCHA”) for personal injuries, and NYCHA was defended as an additional insured under a policy issued to Women Work Construction Corp. (“WWC”). WWC’s insurer asserted that NYCHA’s insurer had to contribute to NYCHA’s defense. The …
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Laboratory-Related Provisions in the CARES Act
March 27, 2020 | Health Services
Several of the provisions in the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) passed by the Senate on March 25 relate to laboratory diagnostic testing for the COVID-19 virus. Within Division A of the CARES Act, titled “Keeping Workers Paid and Employed, Health Care System Enhancements, and Economic Stabilization,” there are four sections …
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Majkowski Publishes Article in Spring 2020 USLAW Magazine
March 25, 2020 | Complex Torts & Product Liability
Paul Majkowski published an article in the Spring 2020 USLAW Magazine entitled, “Not Losing it in Translation Handling Cross-Border Litigation.” Click here to read the article. …
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The IRS’ Role in Providing Tax Relief to Those Affected by COVID-19
March 25, 2020
Under the proposed Coronavirus Aid, Relief and Economic Security Act, Congress has tasked the IRS with overseeing cash stimulus payments to be made to taxpayers. In addition, last week, the Families First Coronavirus Response Act was signed by President Trump, permitting the U.S. Treasury Department, IRS and U.S. Department of Labor to jointly administer two …
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IRS Provides Answers to FAQs Regarding COVID-19 Relief
March 25, 2020 | Tax
In an effort to provide as much timely guidance as possible, the IRS has created a Frequently Asked Questions (FAQs) site to address taxpayer questions and concerns with respect to recently promulgated Notice 2020-18. The Notice generally provided relief with respect to income tax return filings and payments and the FAQs serve to guide taxpayers …
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NYS Offers Forbearance to Borrowers, NYC Allows Penalty Waivers
March 25, 2020 | Banking
On March 21, 2020, Governor Cuomo issued Executive Order 202.9, which is in effect through April 20, 2020. The order provides financial relief to consumers and businesses with outstanding bank loans. The order modifies subdivision two of Section 29 of the Banking Law to provide that it is an “unsafe and unsound” business practice if …
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Proposed NY Bill to Offer Relief to Both Owners and Tenants
March 24, 2020 | Real Estate, Zoning & Land Use
On March 23, 2020, New York Senate Deputy Leader Michael Gianaris introduced proposed legislation which, if adopted, would expand upon the unprecedented Executive Order issued by Governor Andrew Cuomo on March 20, 2020, imposing a 90-day moratorium on all residential and commercial evictions. The proposed bill is intended to provide financial support to residential and commercial tenants and …
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DOJ Takes First Action against COVID-19 Fraud
March 24, 2020 | Privacy, Data & Cyber Law
On March 22, 2020, the U.S. Department of Justice (DOJ) issued a press release announcing its first action against COVID-19 fraudsters: a civil complaint seeking an injunction ordering the website to shut down while an investigation into the site’s operators continues. According to the complaint, filed in the Western District of Texas, “Information published …
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