Recent Publications - Corporate


IRS Provides Answers to FAQs Regarding COVID-19 Relief
March 25, 2020 | Tax

In an effort to provide as much timely guidance as possible, the IRS has created a Frequently Asked Questions (FAQs) site to address taxpayer questions and concerns with respect to recently promulgated Notice 2020-18. The Notice generally provided relief with respect to income tax return filings and payments and the FAQs serve to guide taxpayers

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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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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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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 | Labor & Employment | Immigration

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

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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Is Coronavirus Covered by Your Contract’s Force Majeure Provisions?
March 18, 2020 | Commercial Litigation | Corporate

Part of the commitment to entering into a contract includes an agreement between parties to perform contractual obligations on a timely basis, with limited exceptions. Contracts frequently include a provision titled “force majeure,” which translates literally from French to mean “superior force.”

Force majeure provisions, generally part of the boilerplate section of a contract and

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NY Appellate Courts Cancel Oral Arguments and Suspend Filing Deadlines
March 18, 2020 | Appeals

The outbreak of COVID-19 presents the New York court system with unprecedented challenges.  New York’s appellate courts have responded by taking swift, decisive action.  Attorneys litigating in New York’s appellate courts should be aware of the modifications to oral argument and the deadlines established by court rules.

The courts have made other temporary changes, and

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Employers Must Consider Immigration Compliance When Responding to COVID-19
March 17, 2020 | Corporate | Labor & Employment | Immigration

The spread of coronavirus (COVID-19) has presented unprecedented challenges for employers who hire foreign nationals. Employers must take special care to ensure compliance with immigration laws during this crisis.  Here a few of the most common scenarios, with recommendations on how to address them.

Working Remotely

Now that social distancing has become the norm, many

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