Update:

On April 8, 2020, Chief Administrative Judge Lawrence Marks issued Administrative Order AO/85/20 to promulgate the procedures and protocols in non-essential matters, which take effect on April 13, 2020. Although the order extends virtual operations to non-essential matters, no new non-essential matters may be filed until further notice. Nor may additional papers be filed

Second Circuit Affirms Decision Rejecting ERISA Claims for Retiree Health Benefits

The U.S. Court of Appeals for the Second Circuit has affirmed a district court’s decision dismissing claims under the Employee Retirement Income Security Act of 1974 (“ERISA”) seeking retiree health benefits.

The Case

The plaintiffs were officers at EmblemHealth, Inc., who retired between 2008

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.

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

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

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,

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

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

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

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

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

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.

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

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

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