Recent Publications - Corporate


How Will Trump’s Immigration Ban Affect You?
April 23, 2020 | Immigration

After a teaser on Twitter and a verbal preview during a press conference, President Trump has signed an executive order preventing certain foreign nationals from receiving an immigrant visa for the next 60 days. The purpose of the order is protecting United States workers from competition from foreign workers. In reality, however, the order will

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Recent Commercial Division Decision Highlights That Sometimes Less Is More
April 16, 2020 | Commercial Litigation

A recent decision by New York County Commercial Division Justice, the Hon. Barry Ostrager, gave litigants a reminder of the preference that New York courts have for reasonable non-solicitation and confidentiality clauses that do not include covenants not to compete.

In King v. Marsh & McLennan Agency, LLC, 2020 NY Slip Op 50370(U) (Sup. Ct.

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Coronavirus and Statutes of Limitations in New York: A Lingering Effect?
April 14, 2020 | Commercial Litigation

We’ve all heard the COVID-19 pandemic described as “unprecedented.” Governor Cuomo’s Executive Order 202.8 and its treatment of time limitations (including statutes of limitations), may also be unprecedented.

Executive Order 202.8 was issued on March 20, 2020. It states that “any specific time limit for the commencement, filing, or service of any legal action, notice,

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Diversity and Inclusion Matter, Even During a Pandemic
April 13, 2020 | Labor & Employment

As we all face these challenging times, it is  more important than ever to remain committed and focused on diversity and inclusion. Many employees, especially those who are underrepresented, may feel increasingly overlooked.

Rivkin Radler remains committed to our Development, Diversity and Inclusion initiative, and as a reminder of the importance of connectivity during these unusual days, the following are some helpful tips:

  1. Be cognizant of who you are assigning
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Nonprofits Eligible for CARES Act Assistance
April 9, 2020 | Banking

Although small businesses have been the focus of coronavirus-related financial assistance, nonprofits have been similarly struggling. They, too, must cover payroll expenses, rent and financing obligations. Rightly, the Coronavirus Aid, Relief, and Economic Security (CARES) Act signed into law by President Trump on March 27, 2020, also applies to them.

The following describes the benefits

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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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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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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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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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