Recent Publications - Commercial Litigation


Law360: Tenn. Hospital Bankruptcy May Be the First of Many
April 16, 2020 | Bankruptcy | Health Services

Jim Lagios, Bob Iseman and Stu Gordon wrote an article for Law360 regarding the impact of coronavirus on the financial well-being of hospitals and health systems. To read the article, click on the link below.

Tenn. Hospital Bankruptcy May Be The First Of Many

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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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Updated ESD Guidance on Essential Business and Construction
April 13, 2020 | Construction

On April 9, 2020, the New York State Empire State Development (ESD) updated its “Guidance for Determining Whether a Business Enterprise is Subject to Workforce Reduction Under Recent Executive Orders” (the “Guidance”).

In the updated Guidance, ESD adds two new essential business categories, provides additional details regarding which activities constitute “essential construction,” expands the list

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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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New York Courts Expand Virtual Operations To Non-Essential Matters.
April 7, 2020 | Commercial Litigation

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

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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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U.S. DOL Issues New Guidance on the Families First Coronavirus Response Act
March 31, 2020 | Labor & Employment

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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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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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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