Recent Publications - Commercial Litigation


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 | Employment & Labor

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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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:

  1. The right to Public Health Emergency Leave, which amends the existing statutory text of the Family and Medical Leave
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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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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 | Real Estate, Zoning & Land Use | Commercial Litigation

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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