Recent Publications


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 coronavirusmedicalkit.com 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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Cuomo Seeks to Increase Number of NYS Healthcare Workers
March 24, 2020 | Health Services

New York Gov. Andrew Cuomo has issued a number of Executive Orders aimed at temporarily facilitating the ability of healthcare professionals to practice in New York State and aid hospitals in the care and treatment of coronavirus patients.

Executive Order No. 202.5 authorizes the temporary suspension and modification of certain provisions of the state’s laws

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Coronavirus Update – Workforce Reduction and Litigation Impacts
March 23, 2020 | Professional Liability

In recent days, the State of New York has instituted a number of emergency measures affecting business professionals.

All employers in New York State providing non-essential services have been directed to reduce their in-person workforce by 100% no later than March 22 at 8 p.m. This order will likely require many business professionals to transition

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COVID-19 Update: Limited Access to Courts for Commercial Litigants
March 23, 2020 | Commercial Litigation

In these trying times, your options for immediate relief in commercial cases is likely limited unless it directly is related to coronavirus issues. However, if your issues satisfy the requirements of federal jurisdiction, you still have the ability to pursue a remedy in federal court.

When it comes to commercial litigation during the coronavirus pandemic,

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Landlords: Take These Steps Now to Preserve Your Income
March 23, 2020 | Commercial Litigation | Real Estate, Zoning & Land Use

Local, state and federal governments have taken unprecedented measures to control the spread of coronavirus (COVID-19), measures that will negatively impact the real estate industry in the state. Last week, New York Governor Andrew Cuomo issued an executive order that will directly impact New York’s real estate industry.

On March 20, 2020, Gov. Cuomo issued

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90 Days of Relief on Federal Income Tax Filings and Payments
March 20, 2020 | Tax

As part of the federal government’s continued efforts to minimize the economic disruptions caused by the coronavirus pandemic, U.S. Treasury Secretary Steven Mnuchin on March 20, 2020, announced that the April 15th deadline for filing individual income tax returns for tax year 2019 has been moved to July 15, 2020.

In addition to relief on

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Does the Material Adverse Change Clause Cover COVID-19?
March 20, 2020 | Corporate

In mergers and acquisitions, corporate finance and lending, a period of time often passes between signing the applicable transaction agreement and closing the transaction. During the period when the parties prepare for closing, they are subject to any number of risks that could delay or even prevent the transaction from happening.

With the outbreak of

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U.S. Department of Homeland Security Relaxes I-9 Requirements
March 20, 2020 | Immigration | Labor & Employment

In response to the current public health crisis, the United States Department of Homeland Security (DHS) announced today that it will allow certain employers to defer the physical presence requirements associated with Employment Eligibility Verification (Form I-9).

Under ordinary circumstances, employers must physically inspect the documents produced by employees to establish their identity and authorization

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Gov. Cuomo Orders Remote Notarization of Legal Documents
March 20, 2020 | Trusts & Estates

The current health crisis has highlighted the need for many people to put their affairs in order. The New York State Government is doing its part to make this easier in this era of social distancing.

Governor Cuomo, by Executive Order dated March 19, 2020, has permitted documents to be notarized via remote video conferencing.

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SBA Makes Disaster Loans Available to Small Businesses
March 20, 2020 | Banking | Corporate

As the coronavirus pandemic continues to cause disruptions to businesses, the U.S. Small Business Administration (SBA) has announced its Coronavirus (COVID-19) Disaster Relief Lending program, which will offer certain small businesses and nonprofits affected by COVID-19 access to the SBA’s Economic Injury Disaster Loans.

As of today, small business owners in New York State are

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COVID-19 Update: New York State on Pause
March 20, 2020 | Labor & Employment

Governor Cuomo issued Executive Order 202.8 directing all non-essential businesses statewide to reduce in-office staff by 100% until further notice.  This includes bars and restaurants that have been directed to close its’ doors and operate on a limited take-out only basis.

The closures and 100% reduction of in-office staff is part of Governor Cuomo’s 10-point

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Commercial General Liability Insurance Coverage for COVID-19 Lawsuits
March 20, 2020 | Insurance Coverage | General Liability

In this time of medical and economic uncertainty, one thing is for sure – lawsuits alleging injury and damage from the coronavirus pandemic are inevitable. While the country remains in lockdown – schools and businesses are shut down, employees are working from home and everyone is practicing social distancing and self-quarantine – lawsuits have already

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Insurance Update
March 20, 2020 | Insurance Coverage

First and foremost, we hope everyone is staying safe and healthy.

As you probably have noticed, Rivkin Radler has issued a series of bulletins over the past several days to help our clients navigate through this difficult time.

In addition to these bulletins, we will also continue to provide our monthly newsletters.  Here is what

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Confronting Business Interruption Claims Resulting from COVID-19
March 20, 2020 | Insurance Coverage

As the country continues to absorb the shock of the COVID-19 pandemic, commercial property insurers are already experiencing an influx of claims, mostly for business interruption.

There is likely little to no coverage available under most standard commercial property policies for these types of claims. Most commercial property policies provide coverage for lost income or

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