Governor Cuomo’s April 7th COVID-19 Executive Order and its Impact on the Business and Legal Affairs of New Yorkers

April 10, 2020 By: Ryan T. Emery

“Update:  The statute of limitations extension discussed below has been extended further by the Governor until August 5, 2020.”  On April 7, 2020, Governor Cuomo signed Executive Order 202.14 (“EO”) as part of New York’s continuing efforts to combat COVID-19.  This new EO affects both individuals and businesses in a variety of ways. Extension of…

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Force Majeure Contract Clauses in the Coronavirus Pandemic

April 8, 2020 By: W. Bradley Hunt

Countless contracts – for the sale of all kinds of goods and services – contain “force majeure” clauses.  “Force majeure” – literally “superior force,” sometimes called an “act of God” – is an event beyond the control of the parties that prevents performance of a contract.  Many contracts contain force majeure clauses providing that, should…

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Custody in the Time of COVID-19

April 7, 2020 By: Jillian DiLaura McGuire

In the past month, New Yorkers have been told to shelter-in-place and self-quarantine in an effort to mitigate the spread of the COVID-19 virus and “flatten the curve.”  Non-essential workers are working from home while others are unfortunately laid off or furloughed as businesses temporarily shutter their doors.  It is an uncertain time for us…

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US CIS Implements Filing Procedures in Response to the Coronavirus Health Crisis Intended to Minimize Potential Adverse Immigration Consequences

April 6, 2020 By: Ramón E. Rivera

The Novel Coronavirus (also known as COVID-19) pandemic has had a devastating impact resulting in potential adverse consequences for anyone seeking immigration benefits during this time. One significant action taken by US Citizenship and Immigration Services (USCIS) in response to this crisis involves considering applicant or petitioner responses to Requests for Evidence (“RFE”), Notices of…

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Individual Provisions of the Coronavirus Stimulus Package

April 2, 2020 By: Ami S. Longstreet

There are numerous relief provisions for individual Americans in the Coronavirus Aid, Relief and Economic Security Act or the CARES Act.  Below is a summary of them. REBATES TO INDIVIDUALS Rebates are available from the Federal Government for up to $1,200 for single individuals and $2,400 for married couples.  Additionally a $500 rebate is available…

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Using CARES Act Funds As Financing For a Small Business Chapter 11 Bankruptcy

April 1, 2020 By: Neil J. Smith

One of the problems that prevents small businesses from using Chapter 11 bankruptcy more widely is the lack of affordable financing to fund operations while a Chapter 11 case is pending. Called Debtor in Possession (“DIP”) financing, financing for deeply distressed small companies that are experiencing an interruption in cash flow can be prohibitively expensive…

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March 30, 2020 By: Anne B. Ruffer

      MEMO To:  Our Clients and Friends Re:  COVID-19: Mackenzie Hughes Task Force Prompted by the devastating effect that the Coronavirus (COVID-19) has had on the financial stability of the country, on March 27, the 2020 Congress passed the Coronavirus Aid, Relief, and Economic Security Act (the “Act” or “CARES”).  Described as the…

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March 30, 2020 By: Christian P. Jones

The USDOL has issued guidance clarifying when the small business exemption applies to exclude a small business from the leave provisions of the Families First Coronavirus Response Act (FCCRA), including both the Emergency Paid Sick Leave Act (EPSL) and Emergency Family and Medical Leave Expansion Act (EFMLA). By way of reminder, the EPSL provides for…

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March 30, 2020 By: Christian P. Jones

The United States Department of Labor (USDOL) has been providing updated guidance for workers and employers explaining paid sick leave and expanded FMLA benefits under the Families First Coronavirus Response Act (FFCRA).  Of particular assistance is a Q&A addressing many critical FFCRA issues, including the scope of small business exemptions, the circumstances under which leave…

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Small Business Bankruptcy Provisions in the Proposed “Coronavirus Aid, Relief, and Economic Security Act”

March 26, 2020 By: Neil J. Smith

At the time of this writing, the Senate has now passed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) and the bill now awaits final approval by the House of Representatives and the President to be enacted into law. In addition to the well-publicized provisions providing direct financial relief to individuals and making…

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