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Coronavirus Thought Leadership Connection

Coronavirus Thought Leadership Connection

As part of our efforts to provide you with knowledge regarding the impact of the coronavirus (COVID-19), we’re aggregating a selection of links to related blog posts by our attorneys. Check this page frequently for new content.

DISCLAIMER: In addition to being subject to our standard Disclaimer and Terms of Use, the information contained in the following blog posts may not reflect the most current developments, as the subject matter is extremely fluid and constantly changing. Please continue to monitor this site for ongoing developments. Readers are also cautioned against taking any action based on information contained herein without first seeking advice from professional legal counsel.

By William C. Menard (Re: Immigration Law, Travel Ban)

New Jersey Sees Dramatic Increase in Driver’s Licenses after Permitting Undocumented Individuals to Apply

The state of New Jersey has seen a more than 60% increase in new driver’s licenses issued since May 1, as the new state law took effect law that permitted residents to obtain licenses regardless of immigration status. » Immigration Weekly Round-Up: NJ Driver’s Licenses Skyrocket; White House Seeks Speedier Processing at Border and With Asylum Cases; COVID Restrictions to Continue at U.S. Border

By Theodore J. Zeller III (Re: Liquor Law, Food and Beverage, Restaurants, Hospitality Industry)

The Pennsylvania COVID-19 emergency declaration really changed how alcohol was sold and regulated over the last 16 months. While there were significant limitations on restaurants, several benefits helped the hospitality industry pivot to other income sources. Under the original series of declarations made by Governor Wolf, licensees could not sell food or alcohol for on-premises consumption and, incrementally, occupancy was eventually permitted but remain limited. » Read More

By Sandra Jarva Weiss (Re: Health Care Industry, Labor and Employment Law, Employers, Workplace Safety)

On June 10, 2021, the Occupational Safety and Health Administration (OSHA) issued an emergency temporary standard (ETS) workplace safety rule that requires health care employers to protect workers from on-the-job risk of COVID-19 infection. This rule follows President Biden’s executive order directing OSHA to pursue an ETS for COVID-19 in high-risk workplaces. » Read More

By Raymond G. Lahoud (Re: Immigration Law, Employers, Form I-9, Employment Verification, Coronavirus Relief)

U.S. Immigration and Customs Enforcement (ICE) has announced an extension of its interim policy that allows employers to inspect the Form I-9 requirement virtually through August 31, 2021. This flexibility was first issued by ICE in March 2020, due to the pandemic, and has been extended multiple times since. » Read More

By Raymond G. Lahoud (Re: Immigration Law, Travel Ban, India)

On April 30, 2021, a new COVID-related travel ban was implemented by the Biden administration. The ban suspended entry into the United States of nonimmigrants who were physically present in India during the preceding 14 days. The administration instituted this ban to curtail the spread of a new coronavirus variant that has caused catastrophic devastation in India. » Read More

By John F. Lushis, Jr. and Theodore J. Zeller III (Re: Liquor Law, Food and Beverage, Restaurants, Bars, Breweries, Wineries, Finances, Coronavirus Relief)

On March 11, 2021, the American Rescue Plan Act (ARPA) became public law, establishing the Restaurant Revitalization Fund (RRF). The ARPA appropriated $28.6 billion for the U.S. Small Business Administration (SBA) to provide financial assistance to restaurants, bars, and other similar places of business that suffered revenue losses related to the COVID-19 pandemic. » Read More

By Theodore J. Zeller III and Brandon J. Lee (Re: Liquor Law, Food and Beverage, Restaurants, Bars, Dining, Pennsylvania)

Over a full year after restrictions were put in place to combat the COVID-19 pandemic and exactly one month after capacity limits were raised to 75%, Governor Tom Wolf announced on May 4, 2021, that (almost) all the COVID-19 mitigation orders will be lifted beginning 12:01 a.m. » Read More

By Raymond G. Lahoud (Re: Immigration Law, Undocumented Immigrants, Vaccines, Coronavirus Relief)

The past year was unique for everyone battling the pandemic, but it was especially challenging for refugees who had to acclimate to a new country while also navigating the pandemic. Many immigrants were left with little choice but to take up jobs with a high risk of contracting the infection or jobs where social distancing is impractical. » Read More

By Robert C. Gabrielski (Re: International Business, Economy, Vaccines)

Following a “teaser” on the CBS Sunday morning show, “Face the Nation,” CBS aired Scott Pelley’s interview of Federal Reserve Chairman Jerome Powell on its Sunday evening “60 Minutes” program yesterday. During the interview, which took place the previous Wednesday, Powell discussed the current state of the economy, the aggressive monetary policy supported by the Fed, and his take on the U.S. » Read More

By Robert C. Gabrielski (Re: International Business, Tax Planning, Income Tax, Corporate Taxation, Economy, Vaccines)

Yellen calls for minimum global corporate income tax” – Looks to partially offset Biden’s proposed corporate tax increase

With chatter from Senator Mitch McConnell (R – KY) on President Biden’s second stimulus plan, Treasury Secretary Janet Yellen proposed in her virtual remarks to the Chicago Council on Global Affairs, a creative, perhaps aggressive, plan to adopt a global minimum corporate income tax. » Read More

By Christopher R. Gray (Re: Taxation, Law Reform, Gifts, President Biden)

It’s 2021. COVID vaccines are being administered, the election is over, the electoral college votes have been certified, and the Georgia runoff has been concluded. We know that Joe Biden is the President, the House is controlled by the Democrats, and the Democrats hold a razor-thin margin that depends on a Vice Presidential tiebreaker and complete loyalty from the Democratic caucus. » Read More

By Raymond G. Lahoud (Re: Immigration Law, Undocumented Immigrants, DACA, Stimulus Checks, Coronavirus Relief)

About 90 million people have received their third wave of stimulus checks, according to a joint letter by the Internal Revenue Service and the Social Security Administration, and many still await help. Immigrants who are desperate for relief will not receive any aid due to their undocumented status. » Read More

By Norris McLaughlin, P.A. (Re: Estate Planning, Tax Law, Wealth Transfer, Gifts, Beneficiaries)

With all the uncertainty we have faced during the COVID-19 pandemic, the need for effective estate planning has become more apparent than ever. Further, the prospect of significant changes to the federal transfer tax regime makes 2021 the perfect time for attorneys to help their clients focus on updating outdated estate planning documents, create new documents to ensure assets pass to clients’ intended beneficiaries, and advise clients about wealth transfer techniques to take advantage of the current federal transfer tax laws before any changes occur. » Read More

By Robert C. Gabrielski (Re: International Business, Global Marketplace, Stimulus Checks, Inflation)

The Federal Open Market Committee (FOMC) met yesterday, March 17, and the central bankers appeared more optimistic about the U.S. economic outlook. They are increasing their median growth estimate two points, raising it to 6.5% for 2021. The increased growth projections emanate from the $1.9 trillion COVID-19 relief package signed into law by President Biden on March 11. » Read More

By Brandon J. Lee (Re: Liquor Law, Food and Beverage, Restaurants, Dining, Pennsylvania)

On March 16, 2020, Gov. Tom Wolf ordered all restaurants and bars in Allegheny County and the four counties ringing Philadelphia to close their dine-in facilities due to COVID-19’s rapid spread just a day before one of the busiest bar nights of the year — St. Patrick’s Day. » Read More

By Nicholas F. Pellitta and Timothy P. McKeown (Re: Real Estate Law, Property Owners, Tax Appeals)

One obvious reason for filing real estate property tax appeals is to obtain a lower assessment on your real property and thereby save significant tax dollars. Another important reason to lower your assessment and taxes is to help maintain the value of the property by making it more marketable to potential buyers. » Read More

By Raymond G. Lahoud (Re: Immigration Law, Employers, Form I-9, Employment Verification, Coronavirus Relief)

Applicants for Deferred Action for Childhood Arrivals (DACA) receive a work permit in the form of the Employment Authorization Document (EAD), which is subject to timely renewal. Owing to COVID-19, the United States Citizenship and Immigration Services (USCIS) is facing substantial delay in processing EAD applications. » Read More

By Brandon J. Lee and Theodore J. Zeller III (Re: Liquor Law, Food and Beverage, Restaurants, Dining, Pennsylvania)

Philadelphia restaurants are now able to allow 50% capacity for indoor dining. However, they must meet new ventilation standards set forth by the Philadelphia Department of Health, and many restaurant owners are confused about the application process. According to official guidelines released by the Philadelphia Department of Health, if a restaurant uses an HVAC system or standalone ventilation unit, the following standards are required for reopening to 50% capacity: » Read More

By Theodore J. Zeller III (Re: Liquor Law, Food and Beverage, Restaurants, Bars, Breweries. Wineries, Distilleries, Dining, Pennsylvania)

Across our commonwealth, restaurants have faced enforcement efforts from different agencies charged with enforcing orders directed at combatting the COVID-19 pandemic. As infection rates have changed and health and government officials learned more about COVID-19, initial closure orders deemed “mitigation efforts” have morphed into myriad orders, guidance, and advisory notices, all difficult to interpret and sometimes conflicting. » Read More

By Shana Siegel (Re: Elder Care Law, Finances, Exploitation, Financial Abuse, Solo Seniors)

We have long known that seniors are more vulnerable to financial abuse. The COVID pandemic has only amplified this problem due to the increased social isolation and stress it has wrought. Perpetrators look for opportunities when their victims are most vulnerable. » Read More

By Shana Siegel (Re: Elder Care Law, Medicaid, Disability, Finances, Stimulus)

For most of us, the prospect of $600 (or perhaps even $2,000) appearing in our bank account is a welcome gift. However, if our loved one is on Medicaid it can fill us with concern. How can this money be used? » Read More

By Raymond G. Lahoud (Re: Immigration Law, USCIS, Applications, Citizenship, Petitions)

Owing to the pandemic, federal immigration agencies are facing significant delays in processing various immigration applications. On January 8, the United States Citizenship and Immigration Services (USCIS) acknowledged delays in processing as the result of COVID-19 restrictions, increases in filings, and current postal service volume and other factors. » Read More

By Sandra Jarva Weiss (Re: Health Care Systems, Labor and Employment Law, Physicians)

COVID-19 has had a dramatic impact on the health care system, causing a re-evaluation of the way physician care is delivered. During the pandemic, in-person office visits have been postponed or changed to telehealth visits, elective procedures have been canceled, and patients, concerned about contracting COVID, have delayed or postponed their regular visits. » Read More

By Raymond G. Lahoud (Re: Immigration Law, USCIS, Applications, Employers, Student Visas)

Earlier this month, U.S. immigration authorities provided the first-ever update about the situation at Application Support Centers, when United States Citizenship and Immigration Services (USCIS) announced delays in issuing receipt notices for some applications filed at the USCIS lockbox facility. In a sense, the agency’s issues date back almost to the beginning of the coronavirus pandemic, when in-person services at USCIS offices were canceled from March to June of 2020. » Read More

By Raymond G. Lahoud (Re: Immigration Law, Undocumented, Essential Workers)

A new study released by the pro-immigrant reform group, FWD.us, shows that more than two-thirds of undocumented immigrant workers have frontline jobs considered essential to the U.S. fight against COVID-19. According to the 2019 American Community Survey by the Census Bureau, the Department of Homeland Security (DHS) announced that 69% of undocumented immigrant workers hold jobs that are deemed essential. » Read More

By Shana Siegel (Re: Elder Care Law, Social Security, Medicaid, Disability, Long-Term Care Facilities, Finances, Stimulus)

If you receive Social Security or SSI, you likely have already noticed that your check is slightly larger this year. The Social Security Administration has provided a 1.3% cost-of-living adjustment (COLA) for benefit payments. This brings the federal SSI payment to $794. » Read More

By Raymond G. Lahoud (Re: Immigration Law, Undocumented, New Jersey)

New Jersey state was to start issuing driver’s licenses for immigrants without legal documents by the beginning of January this year. But the state Motor Vehicle Commission (MVC) officials announced that there will be a delay due to the COVID pandemic. » Read More

By Shana Siegel (Re: Elder Care Law, Health Care, Guardianship, Caregivers, Vaccine)

Should I Consent to My Ward/Loved One Getting Vaccinated?

Remember that you are obligated to consult your ward and apply the substituted judgment standard; that means making the decision based on their previously expressed wishes and values, not what you or their physician thinks is best for them. » Read More

By Raymond G. Lahoud (Re: Immigration Law, Undocumented, DACA, TPS, Coronavirus Relief)

Last week, Congress passed the $900 billion coronavirus relief package that was signed into law by President Donald Trump on December 27, 2020. In this package, the U.S. government will allow mixed-status households to receive stimulus checks. In mixed-status families, at least one member of the household must have a Social Security number (SSN). » Read More

By Shana Siegel (Re: Elder Care Law, Senior Citizens, Assisted Living, Nursing Homes, Long-Term Facilities, Caregivers)

In recent days, The New York Times has devoted several articles to the long-term care industry and its failure in the pandemic. (See “This Is Why Nursing Homes Failed So Badly,” “Nursing Home Patients Are Dying of Loneliness,” and “Push for Profits Left Nursing Homes Struggling to Provide Care.”)» Read More

By Raymond G. Lahoud (Re: Immigration Law, Employers, Form I-9, Employment Verification, Coronavirus Relief)

On December 23, 2020, United States Immigration and Customs Enforcement (ICE) announced an extension to its remote Form I-9 verification policy through January 31, 2021. The policy had been set to expire on December 31, 2020. This extension helps employers who are working remotely due to the COVID-19 emergency to verify their new hires. » Read More

By Norris McLaughlin, P.A. (Re: Business Law, Real Estate, Cooperative Management, Commercial Maintenance, Rent Collection)

On December 28, I wrote the blog post, “Housing Cooperatives and PPP Loans: Is It Time To Rejoice?” regarding the significant and retroactive changes to the eligibility and administration of the Paycheck Protection Program (“PPP”) through the Consolidated Appropriations Act, 2021 (“CAA”) and “Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act.” » Read More

By David N. Vozza (Re: Health Care Law, Physicians, Practitioners, Providers, Telehealth, Vaccine)

As we look toward the end of a tumultuous year, it is incumbent on all those who are involved in the fight against COVID-19 to consider what was learned, acknowledge where efforts went wrong, celebrate collective achievements, and transition the provision of medicine to comport with the ever-changing needs of patients. » Read More

By Norris McLaughlin, P.A. (Re: Business Law, Real Estate, Cooperative Management, Commercial Maintenance, Rent Collection)

The Consolidated Appropriations Act, 2021 (“Omnibus Spending Bill”), passed by Congress on December 21, 2020, and just signed by the President, should “spark joy” for housing cooperatives (“co-ops”). The Bill, which is not yet signed into law, would render housing cooperatives eligible for the Paycheck Protection Program (“PPP”). » Read More

By Raymond G. Lahoud (Re: Immigration Law, Coronavirus Relief, Financial Aid, New Jersey)

On the turnpike near Edison, a newly placed billboard urges the state legislature to pass relief measures to aid working immigrants left out of federal assistance as they struggle during the COVID-19 pandemic. The billboards were placed between exits 9 and 10 of Middlesex County by Grassroots Immigrant Rights Organization and Make the Road New Jersey. » Read More

By Norris McLaughlin, P.A. (Re: Labor and Employment Law, Employers, Employees, EEOC, Discrimination, Vaccine)

For several months, the Equal Employment Opportunity Commission (EEOC) has maintained a technical assistance publication examining key questions that arise under federal equal opportunity laws as they relate to COVID-19. The publication, entitled “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” has been updated throughout the pandemic responding to developing issues that impact the workplace. » Read More

By Theodore J. Zeller III (Re: Liquor Law, Food and Beverage, Restaurants, Bars, Breweries. Wineries, Distilleries, Dining, Pennsylvania)

Beginning tonight, just after midnight, all indoor dining and consumption of alcohol at restaurants, breweries, wineries, and distilleries will be prohibited under new orders issued by Governor Wolf on December 10, 2020. These facilities will still be allowed to serve customers via curbside, take-out, delivery, and outdoor dining and alcohol service through this holiday season. » Read More

By Patrick T. Collins (Re: Labor and Employment Law, Employers, Travel, New Jersey)

On December 4, 2020, the New Jersey Department of Health updated its restriction guidelines on self-quarantining after out-of-state travel. This guidance was published on New Jersey’s COVID-19 information hub on December 7, 2020. The updated guidance follows the Centers for Disease Control and Prevention’s (CDC) recently updated recommendations on self-quarantining periods. » Read More

By Theodore J. Zeller III (Re: Liquor Law, Food and Beverage, Restaurants, Hospitality Industry, Insurance Coverage, Business Interruption, Claims)

The hospitality industry has suffered significant economic distress as a result of COVID and the related state-mandated shutdowns on business operations. The COVID pandemic has created a unique set of facts that have not been addressed by the insurance industry in the United States, and restaurant owners with business interruption policies have taken insurance company denials to court. » Read More

By Peter D. Hutcheon (Re: Business Law, Securities, Municipalities, Government, Corporate Finance)

Alternative Trading Systems

On Monday, September 28, 2020, the U.S. Securities and Exchange Commission (“SEC”) proposed to extend the scope of Regulation ATS to trading in government securities. Regulation ATS (“Alternative Trading Systems”) was originally adopted by the SEC in 1998 in response to the then growth of trading of equity securities not registered on a securities exchange. » Read More

By Steven A. Karg (Re: Class Action Defense, Consumer Fraud, Litigation)

Looking to determine the trends for tort litigation in federal courts? Need to know how many cases are being filed, where the cases are landing, which judges are involved, which law firms and parties are involved, timelines for important court events, case resolutions, and damage awards? » Read More

By Shana Siegel (Re: Elder Care Law, Senior Citizens, Assisted Living, Nursing Homes, Long-Term Facilities, Caregivers)

As COVID cases surge again, many clients have expressed concerns about loved ones requiring long-term care. Families are naturally hesitant to consider facility placement. Facilities are definitely better prepared now than in the spring, and most have so far been able to keep cases under control. » Read More

By Steven A. Karg (Re: Class Action Defense, Consumer Fraud, Litigation)

During this era of COVID-19 lockdowns, entrepreneurs and more established businesses strive to find ways to reach consumers at home. On its face, one of the quickest, least expensive, and most direct ways to reach potential customers is through text messaging. » Read More

By Raymond G. Lahoud (Re: Immigration Law, Higher Education, Colleges, Universities, International Students)

America, which has long been considered one of the premier destinations for education, now faces a steep drop in the number of international students enrolling for all education levels. Primary reasons for this are the ongoing pandemic and the recent changes to the U.S. » Read More

By F. Peter Lehr (Re: Health Care Law, Hospitals, Physicians, Providers, Testing, Treatment, Vaccine)

On October 28, 2020, the Centers for Medicare & Medicaid Services (CMS) issued an interim final rule with a comment period, the fourth such issuance during the COVID-19 public health emergency, in anticipation of vaccine availability in the near future. Effective immediately, these provisions will continue through the duration of the emergency. » Read More

By Theodore J. Zeller III (Re: Liquor Law, Food and Beverage, Restaurants, Bars, Dining, New Jersey)

As case numbers continue to rise during the fall months, New Jersey Governor Murphy has issued new orders on COVID-19 restaurant restrictions. Many bars and restaurants that previously were permitted to re-open their indoor dining areas now face additional restrictions to curb the spread. » Read More

By Raymond G. Lahoud (Re: Immigration Law, New Jersey, ICE, Crime, Deportation, Detention)

On November 4, United States Immigration and Customs Enforcement (ICE) in Newark arrested 88 inmates who had been released from New Jersey prisons. All the inmates detained by ICE had criminal violations and were either offenders or convicted of serious crimes. » Read More

By Patrick T. Collins (Re: Labor and Employment Law, Employers, Employee Wellness, Workplace Safety, Coronavirus Relief)

At 6:00 a.m. on November 5, 2020, Governor Murphy’s Executive Order 192 (“E.O. 192”) takes effect. E.O. 192 imposes mandatory health and safety protocols to help guard against the continuing spread of COVID-19. These mandates apply to all employers who require or permit any employee to be physically present at a worksite. » Read More

By Christopher R. Gray (Re: Estate Planning, Tax Law, IRS, Interest Rates, Gifts, Beneficiaries)

Every month, the Internal Revenue Service (IRS) publishes interest rates that taxpayers use to determine the interest to be charged in income tax and estate planning strategies. Those published rates are called the Applicable Federal Rates and depend on the length of the term of a promissory note, the number of times interest is paid each year (i.e., » Read More

By Sandra Jarva Weiss (Re: Health Care Law, Health Care Providers, Vision, Chiropractors, Residental Treatment Facilities, Coronavirus Relief)

On Thursday, October 22, the United States Department of Health and Human Services (HHS) announced that the latest Provider Relief Fund (PRF) application period has been expanded to include additional provider applicants such as residential treatment facilities, chiropractors, and vision care providers who have not yet received PRF distributions. » Read More

By David T. Harmon (Re: Labor and Employment Law, Executives, Transitions, Career Moves, Hiring)

The COVID-19 pandemic continues to place heavy burdens on the economy. Therefore, executives at all levels should prepare for a transition in employment. As I wrote in December 2015, regarding a Wall Street Journal piece (December 1, 2015, page C1), and the same holds true today. » Read More

By Raymond G. Lahoud (Re: Immigration Law, USCIS, DHS, DOL, Employers, Visas, H-1B)

Announced by the Department of Homeland Security (DHS) and the Department of Labor (DOL) announced major changes that will make it significantly tougher for employers to sponsor H-1B visas for qualified aliens. The changes require employers to pay significantly higher wages, narrow the types of degrees that can qualify an applicant, and shorten the length of visas for certain workers. » Read More

By Peter D. Hutcheon (Re: Business Law, Securities, Municipalities, Tax, Investors)

As discussed in my earlier blog, “SEC Focus on Municipal Securities: Disclosure and Enforcement – The Peculiar Structure of the Municipal Securities Disclosure Regime,” since 1994 issuers and, in the case of conduit issuers, obligated parties are required to enter into a Continuing Disclosure Agreement (“CDA”) at the time of issuing municipal securities. » Read More

By David C. Roberts (Re: Business Law, Minority Owners, Shareholder Disputes, Business Divorce Litigation)

As the never-ending COVID-19 pandemic slogs along, many businesses have now re-opened, while some are still closed, and a significant number have many of their employees working remotely, at least wherever possible. This remote, “in-between” existence obviously poses several challenges for companies and employees alike. » Read More

By Raymond G. Lahoud (Re: Immigration Law, USCIS, Applications, Foreign Investors, Naturalization)

On September 11, 2020, the United States Citizenship and Immigration Services (USCIS) extended the flexibilities in responding to various requests raised by the agency. The flexibility was originally announced on March 30 in response measure to the coronavirus pandemic. This measure will help applicants, petitioners, and requestors who must respond to the following: » Read More

By Nicholas A. Duston (Re: Business Law, Pennsylvania, Corporate Operations)

In Butler v. Wolf, Judge Stickman of the Western District of Pennsylvania issued an important ruling on Pennsylvania Governor Wolf’s coronavirus lockdown orders which impacts the Governor’s ability to re-impose some of the more draconian restrictions that he, and governors in New York, New Jersey, and elsewhere, put in place between March and June. » Read More

By Shana Siegel (Re: Elder Care Law, Senior Citizens, Assisted Living, Nursing Homes, Long-Term Facilities, Caregivers)

The impact of COVID-19 has disproportionately affected New Jersey seniors living in long-term care facilities. Nearly half of the state’s deaths were residents of these facilities, and nursing homes remain under strict lockdown. I have mourned the loss of clients and listened as families shared devastating stories of death, sudden and drastic decline, and isolation. » Read More

By Theodore J. Zeller III (Re: Liquor Law, Food and Beverage, Restaurants, Breweries, Dining, Retail, Sales, Pennsylvania)

Without any fanfare, the Pennsylvania Department of Economic Development (“DCED”) has released two frequently asked questions (FAQ) postings to further explain Governor Wolf’s recent press release and new orders on COVID-19 restaurant restrictions. The FAQs and new orders actually alter some of the items revealed in the press release just last week. » Read More

By Raymond G. Lahoud (Re: Immigration Law, Crime, Detention, Deportation, Undocumented Immigrants)

Immigration Customs and Enforcement (ICE) conducted a series of operations in July and August, arresting over 2,000 illegal immigrants from 20 counties with a majority of those having criminal charges or convictions. The “at-large” arrests took place across the country at residences, worksites, and traffic stops. » Read More

By Theodore J. Zeller III (Re: Liquor Law, Food and Beverage, Restaurants, Breweries, Dining, Retail, Sales, Pennsylvania)

On Tuesday, September 8, Governor Wolf announced new COVID-19 mandates applicable to the state’s retail restaurants that eased some restrictions but imposed new ones and created many open issues. The good news is that beginning September 21, restaurants (which we assume also means breweries) can increase their indoor capacity to 50%. » Read More

By Peter D. Hutcheon (Re: Business Law, Operations, Corporate Finance, Audits)

The COVID-19 pandemic resulted in the shutdowns of much of the economic activity in the United States by mid-March 2020. Although there were and remain some variances among the several states, in general, businesses were shut, buildings were almost empty, and factories and warehouses (except for Amazon, according to media reports) were still. » Read More

By Peter D. Hutcheon (Re: Business Law, Securities, SEC, Audits, Trading)

In 2005, the Securities and Exchange Commission (“SEC”) established the National Market System (“NMS”), governed by SEC Regulation NMS, “…to modernize and strengthen …[the trading system] for equity securities.” Its aim was to encourage competition both among the several trading markets and among individual orders, SEC Release No. » Read More

By Raymond G. Lahoud (Re: Immigration Law, Health Care, Medical Repatriation, Deportation, Undocumented Immigrants)

A Guatemalan undocumented immigrant who is identified as A.V. was on the verge of “medical repatriation” by Jefferson Torresdale Hospital to a country that is less able to help him. The repatriation has been averted, and A.V. has been moved to a long-term care facility in the Philadelphia region. » Read More

By David T. Harmon (Re: Labor and Employment Law, Employers, Employees, Hiring)

The enforcement of post-employment restrictions continues in the financial services industry. Advisor Hub recently reported that Merrill Lynch and its new advisor-employee were sued by Fidelity Brokerage Services. Fidelity sought to enjoin both Merrill Lynch and the advisor from continuing solicitation of customers by the advisor. » Read More

By F. Peter Lehr (Re: Health Care Law, Hospitals, Physicians, Providers, Testing, Reporting)

On August 25, 2020, the Centers for Medicare & Medicaid Services (CMS) issued an interim final rule with comment period, which establishes new COVID-19 testing and reporting requirements for a variety of health care providers, including nursing facilities, clinical laboratories, and hospitals. » Read More

By Raymond G. Lahoud (Re: Immigration Law, USCIS, Homeland Security, Naturalization)

On August 25, 2020, the United States Citizenship and Immigration Services (USCIS) announced that the anticipated temporary furlough of more than 13,000 employees, scheduled to begin on August 30, has been averted. The agency was able to avoid this due to a steady increase in the day-to-day inflow of revenue and receipts, along with unprecedented spending cuts. » Read More

By Raymond G. Lahoud (Re: Immigration Law, Employers, Form I-9, Employment Verification, Coronavirus Relief)

The United States Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) have announced the flexibility in certain Form I-9 verification procedures have been extended until September 19, 2020, due to the COVID-19 pandemic. This is applicable only for employers working remotely. » Read More

By Peter D. Hutcheon (Re: Business Law, Small Businesses, CARES Act, Paycheck Protection Program, PPP, Loans, Coronavirus Relief)

On March 29, 2020, as part of a massive response to the economic distress inflicted upon businesses and working people in the United States due to the “shutdown” of the economy as part of the efforts to contain the impact of the coronavirus (“COVID-19”), Congress passed and the President signed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). » Read More

By David N. Vozza (Re: Health Care Law, Physicians, Practitioners, Providers, Paid Sick Leave)

In the immediate onset of the COVID-19 crisis, federal, state, and local governments implemented a wide swath of regulations intended to protect the health and financial wellbeing of employees and their loved ones. One such set of regulations, enacted by Congress in March 2020 and known as the Families First Coronavirus Response Act (“FFCRA”), generally provides expanded paid sick leave, free COVID-19 testing, and expanded unemployment benefits for workers. » Read More

By Timothy P. McKeown (Re: Real Estate Law, Small Business, Commercial Landlord/Tenant, Building Owners, Employers)

I recently posted two articles addressing the obligations of building owners and their tenants to undertake reasonable steps to mitigate the potential for transmission of COVID-19 among employees and clients. (See: “Building Owners Must Have a Plan” and “Employer Responsibilities to Provide a Safe Workplace During COVID-19“.) » Read More

By Theodore J. Zeller III (Re: Liquor Law, Food and Beverage, Hospitality, Restaurants, Dining, Retail, Sales, Pennsylvania)

Effective tomorrow, August 4, 2020, the Pennsylvania Liquor Control Board (PLCB) amended sections 407, 415, and 442 of Act 29 of 2020. These revisions allow Pennsylvania Restaurant (“R”) liquor licensees, Eating Place Malt Beverage (“E”) licensees, and Wine Expanded Permit (“WEP”) holders that possess interior connections to another business they operate, such as a grocery store, convenience store, or similarly situated business that cannot have its entire building or business licensed, to have the consumer use the cash registers at their other business to sell malt or brewed beverages and wine for off-premises consumption. » Read More

By Sandra Jarva Weiss (Re: Health Care Law, Hospitals, Physicians, Medicare, Medicaid, Telehealth, COVID-19 Testing and Treatment, Coronavirus Relief)

The Office of Inspector General’s (OIG) Work Plan sets forth various projects including OIG audits and evaluations that are underway or planned to be addressed by the OIG during the fiscal year. The OIG updates its Work Plan monthly. The July 2020 Work Plan updates include six items directly related to the COVID-19 pandemic and includes the following: » Read More

By Raymond G. Lahoud (Re: Immigration Law, Employers, Form I-9, Employment Verification, Coronavirus Relief)

The United States Citizenship and Immigration Services (USCIS) has announced an extension of flexibility in complying with the Form I-9 requirements. This was originally extended on March 19, 2020, due to the COVID-19 national emergency. The Department of Homeland Security (DHS) has decided to extend this policy once again for an additional period of 30 days. » Read More

By F. Peter Lehr (Re: Health Care Law, Hospitals, Physicians, Providers, HIPAA, Testing)

As COVID-19 swab (PCR) and blood (antibody) testing continue to occur in greater numbers and diverse settings, it is important to recognize that the results of such tests are subject to HIPAA privacy and security compliance rules. There is a common public misconception that the declaration of a public health emergency has created a broad exception for covered entities and business associates to use and share COVID-19 testing results. » Read More

By Timothy P. McKeown (Re: Real Estate Law, Small Business, Commercial Landlord/Tenant, Building Owners, Employers, New Jersey)

I recently outlined the steps the Center for Disease Control (CDC) recommends building owners take when preparing their buildings to be re-occupied after the lifting of the COVID-19 pandemic-related government shutdowns (see: “Building Owners Must Have a Plan”). Because OSHA obligates employers to “furnish to each of [their] employees …a place of employment [that is] free from recognized hazards that are causing or are likely to cause death or serious physical harm to [their] employees,” employers occupying those buildings too must have a safe workplace plan in place. » Read More

By Theodore J. Zeller III (Re: Liquor Law, Food and Beverage, Breweries, Restaurants, Dining, Pennsylvania)

On July 16, 2020, Governor Wolf’s new order went into effect further limiting the operating privileges of Pennsylvania’s hospitality businesses. The major changes are: (1) inside occupancy limited to 25% of capacity, (2) no on-premises alcohol sales without a “meal” as part of the transaction, and (3) indoor events are now limited to 25 people maximum including staff. » Read More

By Patrick T. Collins (Re: Labor and Employment Law, Family Leave, Medical Leave, Sick Time, Employee Benefits, Coronavirus Relief)

The U.S. Department of Labor (DOL) continues to be very active in providing information to the public. Last week, the DOL issued new optional forms that employers can use for the administration of leave under the Family and Medical Leave Act (FMLA). » Read More

By David C. Berger (Re: Liquor Law, Food and Beverage, Hospitality, Restaurants, Bars, Hotels, Taverns, Breweries, Wineries, Distilleries, Pennsylvania)

On July 15, 2020, Governor Wolf announced new statewide mitigation efforts in response to the recent increase in coronavirus cases in the western part of the state. While these mitigation efforts were described as “surgical and targeted,” these new executive regulations affect all bars and restaurants throughout the Commonwealth despite as recent as last week the Governor announced that he would be leaving it up to the local governments to determine any further restrictions. » Read More

By Timothy P. McKeown (Re: Real Estate Law, Small Business, Landlord/Tenant Disputes, New Jersey)

Now that office workers are slowly beginning to return to the office – or anticipate doing so in the near future – it is critical for building owners with tenants to have in place a plan to protect the health and safety of workers and employees occupying the building. » Read More

By David N. Vozza (Re: Health Care Law, Physicians, Telehealth, Patient Privacy)

In response to the COVID-19 epidemic, federal and state governments implemented numerous and expansive regulatory changes to ensure patients were provided access to required testing and treatments. One of the more important (and ultimately successful) regulatory changes was the temporary expansion of telehealth services. » Read More

By David C. Roberts (Re: Business Law, Minority Owners, Shareholder Disputes, Business Divorce Litigation, Minority Owners, New Jersey)

In many places, COVID-19 is making a comeback, or never actually left. But as far as an effective excuse to keep business partners in the dark, the pandemic has been hanging around for far too long. » Read More

By Theodore J. Zeller III (Re: Liquor Law, Food and Beverage, Hospitality, Restaurants, Dining, Delivery, Pennsylvania)

Recently, Governor Wolf and the PLCB issued guidance for hospitality businesses beginning to serve customers inside (green) or outside (green and yellow). We covered that guidance in our last blog post, “Pennsylvania Governor Issues Updated Guidance for Hospitality Businesses Conducting In-Person Service.” » Read More

By Norris McLaughlin, P.A. (Re: Labor and Employment Law, Discrimination, EEOC, Individuals with Disabilities)

The U.S. Equal Employment Opportunity Commission (EEOC), the federal agency responsible for enforcing federal anti-discrimination laws, today updated its Technical Assistance Questions and Answers, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.” » Read More

By Theodore J. Zeller III (Re: Liquor Law, Food and Beverage, Hospitality, Restaurants, Dining, Delivery, Pennsylvania)

Last week, Governor Wolf and the PLCB issued guidance for hospitality businesses beginning to serve customers inside (green) or outside (green and yellow). We covered that guidance in our last blog post, “Critical Compliance Tips from Pennsylvania Liquor Control Board’s Guidance for On-Premise Sales During COVID-19 Crisis.” » Read More

By Norris McLaughlin, P.A. (Re: Real Estate, New York, Cooperatives (Co-ops), Apartments, Closings)

Prior to the pandemic and its ensuing shutdown orders, co-op apartment closings would typically occur at the office of the cooperative’s transfer agent, usually the managing agent or more often the cooperative’s legal counsel. All parties would come together in a conference room and the closing would be finalized in a couple of hours or less. » Read More

By Steven A. Karg (Re: Class Action Defense, Consumer Fraud, MDL and MCL Aggregated Litigation, Price Gouging)

As a follow-up to our April 23, 2020, blog post, “Be Prepared for an Onslaught of Coronavirus-Related Lawsuits,” we are sharing the “COVID-19 Impact Analyzer” report from Lex Machina® on general and COVID-19-related case filing statistics for covered jurisdictions and courts with the permission of Lex Machina®. » Read More

By William L. Brewer, Douglas R. Brown, and S. Graham Simmons, III (Re: Business Law, Small Business, Coronavirus Relief, Loan Forgiveness, Paycheck Protection Program)

Although brief in length, the Paycheck Protection Program Flexibility Act (the “Act”) that was signed into law by President Trump on June 5, 2020, clarifies how borrowers can use Payment Protection Program (“PPP”) loans made pursuant to the CARES Act and grants borrowers much-needed flexibility in the requirements for PPP forgiveness. » Read More

By Shana Siegel (Re: Elder Care Law, Senior Citizens, Assisted Living, Nursing Homes)

For at least the last eleven weeks, nursing home residents have been separated from their families. Some family members have gotten creative – visiting through windows, on ladders, via Zoom, and from parking lots. But many have had no way to reach their loved ones except by relying on staff to give them updates. » Read More

By Steven A. Karg (Re: Class Action Defense, Consumer Fraud, MDL and MCL Aggregated Litigation, Price Gouging)

The coronavirus pandemic has changed the way that companies must do business to survive. This change occurred over an extremely short period of time, with little notice, and while companies had limited resources. This unusual situation caused companies to make decisions on an expedited basis with limited opportunity for careful contemplation and forced them to set priorities quickly. » Read More

By Theodore J. Zeller III (Re: Liquor Law, Food and Beverage, Restaurants, Dining, Delivery, Pennsylvania)

As we outlined in our post last week, Governor Wolf issued guidance for retail food and alcohol businesses in green counties (permitted to have 50% of capacity inside and outside dining) and yellow counties (permitted to have 50% of capacity outside dining beginning on June 5). » Read More

By William L. Brewer, Douglas R. Brown, and S. Graham Simmons, III (Re: Business Law, Small Business, Coronavirus Relief, Loan Forgiveness, Paycheck Protection Program)

The U.S. House of Representatives passed a bill on May 28, 2020, to relax the terms and conditions for forgiveness of Paycheck Protection Program (PPP) loans, just before the eight-week covered periods for early borrowers are coming to an end. The Paycheck Protection Flexibility Act, H.R. » Read More

By Timothy P. McKeown (Re: Real Estate Law, Small Business, Rent, Landlord/Tenant Disputes, New Jersey)

One of the questions frequently asked when the lockdown began over two months ago was from small business owners who wanted to know whether they had the right to suspend their rent payments. In response, the New Jersey Legislature introduced a bill on April 9, 2020, that would authorize Governor Murphy to permit emergency rent suspensions for a small business tenant economically distressed as a result of the pandemic. » Read More

By Theodore J. Zeller III (Re: Liquor Law, Food and Beverage, Restaurants, Dining, Delivery, Pennsylvania)

Yellow Phase – Outdoor Dining

Beginning June 5, restaurants and retail foodservice businesses located in counties designated as being in the yellow phase are permitted to add dine-in service in outdoor seating areas so long as they strictly adhere to the requirements of the guidance, including maximum occupancy limits: » Read More

By Norris McLaughlin, P.A. (Re: Special Needs Law, Estate Planning, Life Care Plans, Guardianship, Health Care Decision-Making, Caregivers)

The law firm Norris McLaughlin, P.A., is pleased to present the Special Needs Spotlight Webinar Series. In this introductory session, “Taking Control – Harnessing Anxiety and Turning it Into a Plan,” Shana Siegel, a Member of the firm and Chair of its Elder Care & Special Needs Law Practice Group, spoke with Trish Colucci Barbosa, RN and Care Manager at Peace Aging Care Experts, LLC, and Elizabeth McKenna, CFP and Chartered Special Needs Consultant at Merrill Lynch Wealth Management. » Read More

By Norris McLaughlin (Re: Health Care Law, Physicians, Ambulatory Surgery Centers, Elective Procedures and Surgeries)

On Friday, May 15, 2020, Gov. Murphy issued Executive Order 145, allowing physicians and dentists to resume elective surgeries and invasive procedures as of Tuesday, May 26. This is long-awaited news by both patients and doctors. However, before Ambulatory Surgery Centers (“ASCs”) start scheduling and performing elective procedures and surgeries, the ASC needs to comply with the directives of the New Jersey Department of Health. » Read More

By Norris McLaughlin (Re: Health Care Law, Physicians, Dentists, Elective Procedures and Surgeries)

On Friday, May 15, 2020, Gov. Murphy issued Executive Order 145, allowing physicians and dentists to resume elective surgeries and invasive procedures as of Tuesday, May 26. This is long-awaited news by both patients and doctors. However, before practices start scheduling and performing elective procedures and surgeries, they should ensure that the practice complies with the directives of the New Jersey Department of Health or the Division of Consumer Affairs, depending on where the procedure will be performed. » Read More

By Dean M. Roberts (Re: Business Law, Real Estate, Cooperative Management, Commercial Tenants, Shareholder Maintenance, Rent Collection, New York)

This blog post is a brief summary of the current status of the Housing Court in New York City and how that may affect the ability of cooperatives to collect maintenance from shareholders and rent revenue from commercial tenants for the balance of this year because of the COVID-19 pandemic. » Read More

By Hon. Rebecca L. Warren (Ret.) (Re: Business Law, Real Estate, Corporate Operations, Public Utilities)

In 1976, as our country was celebrating its Bicentennial, the American Legion was fittingly hosting its convention in Philadelphia, the birthplace of our nation. Tragically, many Legion convention attendees were sickened and some later died after contracting a mysterious respiratory ailment. » Read More

By John F. Lushis, Jr.  (Re: Business Law, Real Estate, Landlords, Commercial Rent, Insurance Coverage)

The COVID-19 pandemic is having a profound impact on both insurance companies and their insureds with a multitude of claims having already been made and denied. Parties that have been especially hard hit financially by the pandemic are the owners of retail shopping complexes that have multiple tenants, many of which have had to close because they are “non-essential” businesses under government emergency orders. » Read More

By John F. Lushis, Jr.  (Re: Business Law, Real Estate, Lenders, Borrowers, Commercial Loans)

The COVID-19 pandemic is having a profound impact in numerous economic sectors including commercial loans. At this point, there are more questions than answers. Outlined below are key matters that both lenders and borrowers will need to consider. » Read More

By Theodore J. Zeller III (Re: Liquor Law, Food and Beverage, Taprooms, Restaurants, Bars, Pennsylvania)

Finally, there may be a light at the end of the quarantine tunnel for many licensed businesses that have had to close due to Governor Wolf’s shut down of non-essential businesses. On April 22, Governor Tom Wolf expanded on his plans for the reopening of the Pennsylvania economy with a “target date” of May 8.  » Read More

By Shana Siegel (Re: Special Needs Law, Estate Planning, Health Care Decision-Making, Life Care Plans)

Every parent of a child with special needs worries about what will happen if (or when) they predecease their child. But a story I read last weekend sent chills up my spine. It was about a mother in Bergen County who died from the coronavirus, leaving her 30-year-old son with Down syndrome. » Read More

By Patrick T. Collins (Re: Labor and Employment Law, Unemployment, Layoffs, Furlough, Coronavirus Relief)

Many employers have found themselves in the following situation. First, they were required to furlough or layoff employees due to COVID-19. Second, the employers were fortunate enough to obtain a loan under the Paycheck Protection Program (PPP), which in turn allowed the employers to offer jobs back to their laid-off employees. » Read More

By Raymond G. Lahoud (Re: Immigration Law, Employers, Form I-9, Employment Verification, Coronavirus Relief)

The COVID-19 pandemic has compelled many states to issue stay-at-home orders, which has called for the Department of Homeland Security (DHS) to issue a temporary policy regarding the expired List B documents used for the renewal of Form I-9, Employment Eligibility Verification. » Read More

By F. Peter Lehr (Re: Health Care Law, Hospitals, Physicians, Providers, CARES Act, Coronavirus Relief)

Under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, Congress set aside $100 billion to reimburse health care providers for lost revenue and increased costs stemming from the coronavirus pandemic. These funds are being disbursed by the Health Resources Services Administration (HRSA) division of the Department of Health and Human Services (HHS). » Read More

By David C. Roberts (Re: Business Law, Minority Owners, Shareholder Disputes, Business Divorce Litigation, Minority Owners, New Jersey)

Many business owners reading this article are facing a severe COVID-19-related economic downturn and simply struggling for survival. However, this does not describe all businesses. Some have been, and remain, closed completely. Some are better able to adapt to a remote environment than others, and some may even thrive in this environment. » Read More

By Norris McLaughlin, P.A. (Re: Business Law, State of Emergency, Company Shutdowns, Corporate Operations, Business Continuity, Supply Chain, Distribution Channels)

Time to learn from the past. If COVID-19 taught us anything, it is that businesses need to be ready with alternative sources of supply and distribution. Yes, we can focus on what we discussed in our previous article, “The Pandemic Effect: Sale of a Business,” like force majeure, impossibility of performance, and frustration of purpose, but it is better (and healthier) to prepare your business as though this will happen again, because experts say it will.» Read More

By Theodore J. Zeller III (Re: Liquor Law, Food and Beverage, Restaurant Licensees, Hotel Licensees, Delivery, Pennsylvania)

Due to the coronavirus (COVID-19) outbreak, Pennsylvania restaurants and hotel licensees that are permitted to sell mixed drinks and cocktails for on-premises consumption have lost a significant amount of business due to the on-premises sales prohibition. While there have been reports of restaurant licensees in Pennsylvania selling mixed drinks and cocktails to-go, that is not currently legal under the Pennsylvania Liquor Code. » Read More

By Raymond G. Lahoud (Re: Immigration Law, Undocumented Immigrants, ICE Enforcement, COVID-19 Testing, Coronavirus Relief, New Jersey)

A recent report analyzing “the experiences of low-wage immigrant workers and families in New Jersey during the first month of the COVID-19 crisis,” found that “immigrant communities have experienced extreme harm” as a result of the COVID-19 pandemic. This includes limited access to health care services, no unemployment compensation, and pervasive employer conduct—all of which have led to increased anxiety, insecurity, and COVID-19 infection spread in immigrant communities. » Read More

By S. Graham Simmons, III (Re: Business Law, CARES Act, Small Businesses, SBA Loans, Paycheck Protection Program, Coronavirus Relief)

For those who have been following the latest with the Paycheck Protection Program (PPP) loans, it was a busy end to last week! We’ve previously issued an analysis of the CARES Act of 2020 through our “Inside the CARES Act” series on the Norris McLaughlin Biz Law Blog, but this past week saw the passage of the Paycheck Protection Program and Health Care Enhancement Act (Paycheck II), as well as updated FAQs from the Treasury Department and additional guidance from the Small Business Administration (SBA) in another Interim Final Rule issued on Friday, April 24. » Read More

By Sandra Jarva Weiss (Re: Health Care Law, Hospitals, Physicians, Medicare, COVID-19 Testing and Treatment, Coronavirus Relief)

(Updated April 24, 2020, 10:45 AM)  On April 22, 2020, the U.S. Department of Health and Human Services (“HHS”) issued guidelines on how the $100 billion that Congress included in the CARES Act for hospitals and other health care providers (“Provider Relief Funds”) would be allocated and the timetable for health care providers to apply for such funds.» Read More

By Sandra Jarva Weiss (Re: Health Care Law, Hospitals, Physicians, Medicare, COVID-19 Testing and Treatment, Coronavirus Relief)

After a two-week impasse with Democrats and Republicans proposing competing COVID-19 pandemic relief bills, the Senate (on April 21, 2020) and the House (on April 23, 2020) approved a total of $480 billion of additional funds for various COVID-19 pandemic relief programs, including additional funding to the Payroll Protection Program, health care providers treating COVID-19 patients, and state and federal agencies for COVID-19 testing and contact tracing.» Read More

By Steven A. Karg (Re: Class Action Defense, Consumer Fraud, MDL and MCL Aggregated Litigation, Price Gouging)

The coronavirus pandemic has changed the way that companies must do business to survive. This change occurred over an extremely short period of time, with little notice, and while companies had limited resources. This unusual situation has caused companies to make decisions on an expedited basis with limited opportunity for careful contemplation and forced them to set priorities quickly. » Read More

By Theodore J. Zeller III (Re: Liquor Law, Food and Beverage, Breweries, Retail Licensees, Distribution, Shipping, Delivery)

Due to the coronavirus (COVID-19) outbreak, Pennsylvania state stores have shuttered and buying alcohol is limited, at best. In addition, fans of Pennsylvania craft breweries, like ourselves, have been shut out of visiting our favorite taprooms. Prior to this, there were some breweries that shipped directly to consumers across the state through well-planned and set up third-party shipping services. » Read More

By Raymond G. Lahoud (Re: Immigration Law, U.S. Citizenship, Visa Applicants, Green Card Holders, Skilled Workers, Employers, Travel Restrictions)

As promised, last night, President Donald Trump signed an Executive Order that limits the ability of certain future immigrant visa applicants to enter the United States as lawful permanent residents, as a result of the COVID-19 pandemic. The President’s Executive Order, the “Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. » Read More

By Raymond G. Lahoud (Re: Immigration Law, Undocumented Immigrants, FFCRA, CARES Act, Coronavirus Relief, Labor and Employment, Family Leave, Medical Leave, Sick Time, Employee Benefits, Employer Tax Credits)

The COVID-19 pandemic has expanded the eligibility of American employees for employment-related benefits, including medical leave and unemployment compensation. As the Norris McLaughlin employment law blog, Norris in the Workplace, first reported, President Donald Trump, on March 18, 2020, signed the Families First Coronavirus Response Act (FFCRA), “which provides paid leave under the Family Medical Leave Act and paid sick leave for absences resulting from COVID-19.” » Read More

By Norris McLaughlin, P.A. (Re: Business Law, Cannabusinesses, Investors, Investment Fraud, Mergers & Acquisitions, Purchase and Sale)

On April 10, 2020, the U.S. Securities and Exchange Commission (SEC) warned Main Street investors about COVID-19-related fraud. The SEC continues in its efforts to ferret out questionable capital raising initiatives as can be shown through an April 21, 2020, litigation release pertaining to an alleged fraud involving investments in marijuana-related companies. » Read More

By Raymond G. Lahoud (Re: Immigration Law, Health Care, USCIS, Testing, Treatment, Coronavirus Relief)

With testing for the COVID-19 pandemic expected to increase across the United States and a determination to test the entire U.S. population to determine COVID-19 immunity before a true reopening of the economy, the nearly 44.7 million immigrants lawfully in the United States and over 16 million undocumented immigrants living under the radar have expressed concerns as to their ability to seek testing and treatment, if at all. » Read More

By Norris McLaughlin, P.A. (Re: Business Law, State of Emergency, Company Shutdowns, Force Majeure, Insurance Coverage, Purchase and Sale)

Among the many transformational changes caused by the coronavirus (COVID-19) pandemic, the way lawyers and clients approach the sale or acquisition of a business unquestionably will change forever. This article is not about any business sale or acquisition disrupted by the pandemic but about looking forward.» Read More

By Raymond G. Lahoud (Re: Immigration Law, Travel Restrictions)

Shortly after 10:00 p.m. last night, President Donald Trump announced—through Twitter—that he “will be signing an Executive Order to temporarily suspend immigration into the United States,” because of the “attack” from the COVID-19 pandemic on the United States and “to protect the jobs of our GREAT American Citizens.” » Read More

By David C. Berger (Re: Liquor Law, Food and Beverage, Hospitality, Restaurants, Bars, Hotels, Taverns, Breweries, Wineries, Distilleries, Pennsylvania)

This blog post will contain the latest updates for restaurant, bar, hotel, tavern, brewery, winery, and distillery licensees related to the coronavirus (COVID-19) pandemic in Pennsylvania (Latest Update: April 20, 2020, 3:45 PM). Below the updates, we included some compliance tips to think about if you choose to or are forced to close your food or beverage business. » Read More

By Raymond G. Lahoud (Re: Immigration Law, Homeland Security, Customs & Border Protection, Import Duties, Taxes, Fee Payments, Coronavirus Relief)

On Sunday, the U.S. Department of Homeland Security’s Customs & Border Protection (CBP) announced that President Donald J. Trump signed an Executive Order that allows CBP to grant a 90-day postponement of certain duties, taxes, and fees that would have otherwise been due to CBP by importers across the United States. » Read More

By Raymond G. Lahoud (Re: Immigration Law, H-2A Visa, Agricultural Employers, Farmers, Foreign Employees, Skilled Workers)

On April 15, 2020, the Department of Homeland Security (DHS), along with the support of the United States Department of Agriculture (USDA), announced a temporary final rule changing certain H-2A visa requirements. This rule will enable U.S. agriculture employers to continue employing lawful-related employment. » Read More

By Norris McLaughlin (Re: Health Care Law, Hospitals, Physicians, Medicare, Coronavirus Relief)

Beginning April 10, the U.S. Department of Health and Human Services (“HHS”), assisted by UnitedHealth Group, began distributing the $30 billion to health care providers and health care systems. These payments are not loans and will not need to be repaid. » Read More

By Dean M. Roberts (Re: Business Law, Shareholder, Real Estate, Estate Planning, New York)

While the death of a shareholder is a serious issue for boards of directors and their managing agents, the current COVID-19 crisis has greatly heightened the issue and this blog post is a brief outline of issues arising from the death of a shareholder and actions the cooperative can and should take . » Read More

By John F. Lushis, Jr.  and Barbara L. Hollenbach (Re: Business Law, Real Estate, Breach of Contract, Lease Agreements, Purchase and Sale, Construction, Pennsylvania)

The onset of the COVID-19 pandemic has created a new normal in a multitude of economic sectors, including commercial transactions. From commercial leases to loan agreements to construction and supply contracts, questions are surfacing about the rights, liabilities, and defenses available to parties to a contract in view of the pandemic. » Read More

By Hon. Rebecca L. Warren (Ret.) (Re: Elder Care, Elder Law, Senior Citizens, Disabilities, Estate Planning, Real Estate, Property Tax, Rent, Pennsylvania)

As part of the COVID-19 relief packages provided by the federal government, qualified United States citizens and resident aliens will be receiving an “Economic Impact Payment,” also being referred to as the “Stimulus Check.” » Read More

By James H. Laskey (Re: Business Law, Real Estate, Public Services, Notaries, Essential Businesses, New Jersey)

The days of physical closings for complex business transactions with everyone on both sides of the transaction gathered in a single conference room in front of stacks of documents feverishly signing multiple copies (and inevitably overlooking something) seem like ancient history now. » Read More

By Shana Siegel (Re: Elder Care, Elder Law, Estate Planning, Health Care Directives, Wills, Notaries, Power of Attorneys, New Jersey)

New Jersey Governor Murphy has just made it easier to complete your estate planning during this coronavirus (COVID-19) pandemic. Many law firms, like ours, are offering Zoom meetings and phone consultations to comply with the social distancing measures. We email and mail documents to our clients. » Read More

By Patrick T. Collins (Re: Labor and Employment Law, Family Leave, Medical Leave, Sick Time, Employee Benefits, Unemployment, Layoffs, Coronavirus Relief)

Yesterday we reported that New Jersey’s legislature has once again approved a series of bills that seek to provide relief to New Jersey residents during the COVID-19 pandemic. Among these bills are two that significantly impact employers. We are updating our report to advise you that Governor Murphy has signed both of the employment-related bills into law. » Read More

By F. Peter Lehr (Re: Pennsylvania, Municipalities, Public Services, Notaries, Essential Businesses)

On April 14, 2020, the Pennsylvania House of Representatives passed Senate Bill 841, which allows public entities and notaries to conduct business remotely during the statewide disaster emergency precipitated by COVID-19. The legislation is a culmination of separate State House and Senate bills to allow public entities, including counties, municipalities, and municipal authorities, to utilize telecommunication services for meetings and notary services during the COVID-19 pandemic. » Read More

By Patrick T. Collins (Re: Labor and Employment Law, Family Leave, Medical Leave, Sick Time, Employee Benefits, Unemployment, Layoffs, Coronavirus Relief)

New Jersey’s legislature has once again approved a series of bills that seek to provide relief to New Jersey residents during the COVID-19 pandemic. Among these bills are two changes that significantly impact employers. » Read More

By Raymond G. Lahoud (Re: Immigration Law, Undocumented Immigrants, Identification, Social Distancing, COVID-19 Testing, New Jersey)

Officials in New Jersey, like the rest of the country, are urging people with symptoms of COVID-19 to get tested. 500,000 unauthorized immigrants in New Jersey are at a crossroads, as many do not have health insurance. However, many immigrant advocates say there are options for undocumented immigrants who need COVID-19 testing. » Read More

By Melissa Anne Peña (Re: Business Law, CARES Act, Small Businesses, Bankruptcy, Coronavirus Relief)

Timing is everything. On February 19, 2020, the Small Business Reorganization Act (SBRA), which added a new subchapter to the United States Bankruptcy Code, became effective. Commonly referred to as Subchapter V, the SBRA was enacted in an effort to reduce the cost and expense of small business bankruptcy reorganizations .» Read More

By F. Peter Lehr (Re: Health Care Law, Hospitals, CARES Act, Coronavirus Relief, Pennsylvania)

On April 10, 2020, Pennsylvania Governor Tom Wolf announced the creation of a state loan program, entitled the Hospital Emergency Loan Program, or HELP for short, to assist hospitals that are facing unprecedented challenges from COVID-19. The loan program will provide immediate financial support to hospitals in Pennsylvania for working capital in order to retain health care personnel and acquire personal protective equipment. » Read More

By Norris McLaughlin, P.A. (Re: Liquor Law, Food and Beverage, Breweries, Wineries, Distilleries, Social Distancing, Hand Sanitizer, New Jersey)

While other states, such as Pennsylvania (which has essentially reverted back to Prohibition) have significantly curtailed activities in the alcoholic beverage industry, New Jersey has amended a number of if its strict regulations in an effort to support alcohol beverage operations in our state. » Read More

By Nicholas J. Dimakos (Re: Estate Planning and Administration, Trusts, Wills, Power of Attorney, Guardianship, Health Care Directives, Notaries, New Jersey)

The COVID-19 pandemic has altered our daily lives. Social distancing measures advanced by the CDC (i.e., maintaining six feet of distance, no group gatherings, wearing masks outside, setting aside documents traveling in the mail for 2-3 days to allow the virus to die on surfaces) are designed to slow the spread of the virus by flattening the curve and keep us safe. » Read More

By Lori Kayne (Re: Estate Planning and Administration, Elder Law, Health Care Decision-Making)

My symptoms for the suspected COVID-19 illness began three weeks ago with a fever, fatigue, nausea, and a loss of my sense of smell and taste. While I was one of the extremely fortunate patients who ultimately did not struggle with shortness of breath, the fear that I could become short of breath at any moment was real and the anxiety almost crippling at times. » Read More

By Barbara L. Hollenbach and Judith A. Harris (Re: Estate Planning and Administration, Trusts, Wills, Power of Attorney, Guardianship, Health Care Directives, Notaries, Pennsylvania)

On April 2, 2020, Pennsylvania Governor Wolf approved a temporary and limited suspension of current law 57 Pa.C.S. § 306, which requires the physical presence of notaries, for estate planning documents that require notarization or for which notarization is considered best practice. » Read More

By Jerome F. Gallagher, Jr. (Re: Business Law, Small Businesses, Bankruptcy, Lenders, Debt Collections, Coronavirus Relief)

In response to the COVID-19 pandemic, Sen. Sherrod Brown (D-OH) introduced Senate Bill No. 3565 entitled “Small Business and Consumer Debt Collection Emergency Relief Act of 2020” (the “Bill”), which proposes several far-reaching amendments to the Fair Debt Collections Practices Act, 15 U.S.C. » Read More

By Timothy P. McKeown (Re: Real Estate Law, Land Use, Municipal Planning, Zoning Boards, New Jersey)

On April 2, 2020, the New Jersey Department of Community Affairs, Division of Local Government Services (DLGS) issued guidance to municipal planning and zoning boards to ensure continuity of land use application procedures and due process while simultaneously adhering to the COVID-19 social distancing and health measures. » Read More

By Oldrich Foucek, III (Re: Business Law, Retirement Plans, Coronavirus Relief)

At 880 pages, the Coronavirus Aid, Relief, and Economic Security (CARES) Act covers a lot of ground, offering COVID-19 relief and benefits to a broad swath of the population. Among its significant provisions are those related to workers’ retirement funds. Specifically, the CARES Act makes employee-favorable changes to existing law regarding: » Read More

By Barbara L. Hollenbach (Re: Business Law, Real Estate, Breach of Contract, Lease Agreements, Purchase and Sale, Construction, Pennsylvania)

In addition to any defenses to performance that may exist under force majeure provisions contained in a contract, Pennsylvania courts recognize impracticability of performance and frustration of purpose as defenses to breach of contract claims. However, the availability of impracticability and frustration of purposes defenses in any particular case is dependent upon the language of the contract and the facts and circumstances of the case. » Read More

By Norris McLaughlin (Re: Health Care Law, Physicians, Nurses, Professional Liability, Telehealth)

As the number of positive COVID-19 cases in New Jersey is expected to continue to rise and in anticipation of the need to expand the New Jersey health care system’s capacity, Gov. Murphy issued Executive Order 112 on April 1, 2020 (“Order”). » Read More

By Patrick T. Collins (Re: Labor and Employment Law, Family Leave, Medical Leave, Sick Time, Employee Benefits, Employer Tax Credits)

Two important pieces of information were released today on the Families First Coronavirus Response Act (“FFCRA”). The United States Department of Labor issued its regulations on the FFCRA, which provided detailed guidance on how the law should be interpreted. » Read More

By Norris McLaughlin, P.A. (Re: Business Law, CARES Act, Small Businesses, SBA Loans, Coronavirus Relief)

Businesses actively awaiting guidance from the Small Business Administration (SBA) regarding the process for application to the Coronavirus Aid, Relief, and Economic Security (CARES) Act Paycheck Protection Program were given some guidance yesterday evening. The SBA released a Sample Application for the Paycheck Protection Program. » Read More

By Theodore J. Zeller III (Re: Liquor Law, Food and Beverage, Federal Excise Tax Filing, Operational Reporting Due Dates, Breweries, Wineries, Distilleries)

We all know that alcoholic beverage retailers have been hit hard by COVID-19, but so have alcoholic beverage manufacturers. Reduced retail sales translate to reduced manufacturer sales (particularly draught beer). By now you have certainly heard about the CARES Act, where the federal government will be providing aid and incentives to many small businesses. » Read More

By Norris McLaughlin, P.A. (Re: CARES Act, Coronavirus Relief, Income Tax Returns, Individual Tax Planning)

In response to the substantial financial effects of COVID-19 on individuals, Congress, through the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”), created a form of relief through tax rebates for qualifying taxpayer individuals. » Read More

By Shana Siegel (Re: Estate Planning, Elder Law, Health Care Decision-Making)

Did you know that 92% of Americans believe it is important to discuss their end-of-life wishes with their loved ones? Yet, how many have done so? Only 32%. » Read More

By Norris McLaughlin, P.A. (Re: Business Law, CARES Act, Small Businesses, SBA Loans, Coronavirus Relief)

As a part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, the Small Business Administration (SBA) loan program has been expanded for qualifying businesses and qualifying self-employed individuals. The CARES Act’s “Paycheck Protection Program” provides 100% federally backed SBA loans to cover operational costs like rent, payroll, employee health benefits, interest on other debt obligations, insurance, and utilities, among others. » Read More

By Norris McLaughlin, P.A. (Re: Liquor Law, Food and Beverage, Restaurants, Bars, Breweries, Wineries, Distilleries, Delivery, New Jersey)

Following last week’s Executive Order No. 107, the New Jersey Division of Alcoholic Beverage Control (“ABC”) has issued Advisory Notice AN 2020-03 regarding industry member’s operations amidst the COVID-19 emergency, as well as a Special Ruling relaxing certain provisions of its May 29, 2019, Special Ruling Authorizing Certain Activities By Holders of Limited Licenses. » Read More

By the Norris McLaughlin Women’s Forum (Re: Mental Health, Working From Home, Work-Life Balance)

These are no doubt challenging times for everyone and, according to the CDC, “fear and anxiety about a disease can be overwhelming and cause strong emotions” in all of us. This fact, coupled with our continued commitment to our professional and personal responsibilities, can add to the stress of the current environment in which we are living due to the coronavirus crisis. » Read More

By Sandra Jarva Weiss (Re: Health Care Law, Hospitals, Physicians, Medicare, Coronavirus Relief)

The CARES Act, signed into law on Friday contains a number of provisions affording financial relief to health care providers who have been struggling with the impact of the COVID-19 pandemic. » Read More

By Patrick T. Collins (Re: Labor and Employment Law, Family Leave, Medical Leave, Sick Time)

Over the weekend, the United States Department of Labor issued an additional set of FAQs on the Families First Coronavirus Response Act (FFCRA). The FAQs provide valuable guidance on the interpretation of the FFCRA and should be reviewed by anyone charged with administering the benefits which will be available on April 1, 2020. » Read More

By Timothy P. McKeown (Re: Real Estate Law, Litigation, Business Owners, Landlord/Tenant Disputes, New Jersey)

With the COVID-19 crisis upon us and New Jersey businesses shuttered, many commercial tenants suddenly find themselves deprived of the ability to pay their rent. By order of Governor Murphy, there is a moratorium on residential evictions and foreclosures in New Jersey. » Read More

By Norris McLaughlin (Re: Business Law, CARES Act, Small Businesses, Coronavirus Relief, Tax Planning, Business Taxes)

The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) relaxes the limitations on a company’s use of losses. Under the current rules amended by the 2017 Tax Cuts and Jobs Act (“TCJA”), net operating losses (“NOLs”) are subject to a taxable-income limitation and cannot be carried back to reduce income in a prior tax year. » Read More

By Melissa Anne Peña (Re: Business Law, CARES Act, Small Businesses, Bankruptcy, Lenders, Coronavirus Relief)

The Coronavirus Aid, Relief, and Economic Security (CARES) Act makes important revisions to the United States Bankruptcy Code. The most remarkable change is that it has opened the doors to the Bankruptcy Court for many small businesses. » Read More

By Milan D. Slak (Re: Business Law, CARES Act, Small Businesses, SBA Loans, Coronavirus Relief)

In addition to the expansion of the Small Business Act’s (“SBA”) business loan program and the SBA’s disaster loan program, the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) authorizes loan payment subsidies for certain loans. » Read More

By Dolores A. Laputka (Re: Business Law, CARES Act, Small Businesses, SBA Loans, Coronavirus Relief)

Emergency grants from the Small Business Administration (SBA) included as part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020 provide for immediate grants within three days of submitting the application of up to $10,000 for eligible entities. » Read More

By Norris McLaughlin, P.A. (Re: Business Law, CARES Act, Small Businesses, SBA Loans, Coronavirus Relief)

Section 1106 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act provides loan forgiveness for certain qualifying Small Business Administration (SBA) loans. A “covered loan” is a loan added under new Section 7(a)(36) of the Small Business Act, which was added by the CARES Act itself. » Read More

By Raymond G. Lahoud (Re: Immigration Law, DMV, Identification, Social Distancing, Pennsylvania, New Jersey)

Faced with the quick community spread of COVID-19, federal officials have extended state REAL ID compliance deadlines for one year to prevent overcrowding in state motor vehicle offices across the United States who are already struggling to meet the quickly approaching October 1, 2020, deadline. » Read More

By Barbara L. Hollenbach (Re: Business Law, Real Estate, Notaries, Pennsylvania)

On March 25, 2020, in response to the coronavirus (COVID-19) pandemic, Pennsylvania Governor Wolf approved a temporary and limited suspension of 57 Pa.C.S. § 306, which requires the physical presence of notaries, for both personal and commercial real estate transactions. » Read More

By Norris McLaughlin, P.A. (Re: Labor and Employment Law, Family Leave, Medical Leave, Sick Time, New Jersey)

The U.S. Department of Labor (USDOL) has supplemented the “Families First Coronavirus Response Act: Question and Answers,” which addresses some of the practical questions many employers have been challenged with since the enactment of the Families First Coronavirus Response Act (FFCRA). » Read More

By Raymond G. Lahoud (Re: Immigration Law, Travel Restrictions)

The State Department estimates that as many as 50,000 United States citizens are stuck in foreign countries, who have requested evacuation and reparation assistance as a result of the COVID-19 pandemic. While the overall number was released, specific demographic and location information remained confidential, including the number of Americans abroad who already may be infected with COVID-19 and the severity of their medical condition. » Read More

By David C. Roberts (Re: Business Law, Shareholder Disputes, Business Divorce Litigation, New Jersey)

The world has changed. The COVID-19 virus is impacting everything and everyone, and certainly only the most fortunate of businesses will not be adversely impacted. If you as a business owner have reason to believe that you are an oppressed minority shareholder with the right to file suit against your fellow shareholder(s), it is easy to conclude that you perhaps should hold off on filing that shareholder oppression claim, at least until some semblance of normalcy has been restored. » Read More

By Patrick T. Collins (Re: Labor and Employment Law, Family Leave, Medical Leave, Sick Time, New Jersey)

The U.S. Department of Labor has issued guidance, FAQs, and a poster further explaining the benefits and responsibilities under the Families First Coronavirus Response Act, which provides paid sick leave and family leave for employees impacted by COVID-19. This information can be found on the DOL’s website. » Read More

By Jerome F. Gallagher, Jr. (Re: Construction Law, Certificate Requirements, Inspections, Local Enforcing Agencies, Minor Work)

On March 25, 2020, in response to the COVID-19 pandemic and pursuant to Section 6 of Governor Murphy’s Executive Order 103, Lt. Governor Sheila Oliver, Commissioner New Jersey Dept. of Community Affairs (DCA), issued an emergency adoption of a temporary rule relaxation of regulatory provisions concerning Minor Work (N.J.A.C. » Read More

By Sandra Jarva Weiss (Re: Health Care Law, Hospitals, Physicians, Medicare)

The Senate voted on Wednesday night to approve a $2 trillion COVID-19 relief package to help millions of American workers and businesses survive the impact of COVID-19. The Relief package is titled CARES Act (Coronavirus Aid, Relief and Economic Security Act) and includes COVID-19 relief for individuals, businesses, and the health care industry. » Read More

By Margaret Raymond-Flood and Martha N. Donovan (Re: Business Law, State of Emergency, Company Shutdowns, Insurance Coverage)

On Monday, March 16, 2020, a prominent New Orleans restaurant became the first business nationwide to file suit against an insurance carrier for losses sustained as a result of the novel coronavirus (“COVID-19”). In Cajun Conti, LLC et al. v. Certain Underwriters at Lloyd’s of London, et al. » Read More

By Norris McLaughlin, P.A. (Re: Liquor Law, Food and Beverage, Restaurants, Bars, Breweries, Wineries, Distilleries, Delivery, Social Distancing, New Jersey)

Over the past week, New Jersey Governor Philip Murphy has issued two Executive Orders in response to the COVID-19 pandemic. The most recent, Executive Order No. 107 signed on March 21, 2020 (superseding Executive Order No. 104), includes several provisions directly affecting members of New Jersey’s alcoholic beverage industry. » Read More

By Norris McLaughlin, P.A. (Re: Taxation Law, Cannabis Industry, Cannabusiness)

Due to the COVID-19 virus-related filing and payment extensions recently announced by the U.S. Treasury Department and IRS, taxpayers now have an additional three months until July 15, 2020 – to prepare and file their 2019 federal income tax returns. » Read More

By Raymond G. Lahoud (Re: Immigration Law, Labor & Employment, Form I-9, USCIS, ICE Enforcement)

In response to the coronavirus (COVID-19) National Emergency Declaration, the United States Department of Homeland Security (DHS) announced temporary modifications to the Form I-9, Employment Eligibility Verification process and enforcement actions. Changes range from remote verification to E-Verify’s indefinite response extensions. » Read More

By Shana Siegel (Re: Elder Care, Elder Law, Health Care, Health Issues, Senior Citizens, Caregivers)

Every hour another complication of the coronavirus (COVID-19) seems to emerge, many of which seem to fall most heavily on individuals with disabilities and seniors. Obviously, the risk of illness is greatest for the elderly and other people with underlying health illnesses. » Read More

By Norris McLaughlin (Re: Health Care Law, Physicians, Telehealth, Patient Privacy)

In an effort to make health care more accessible during these unprecedented times, while we deal with the coronavirus (COVID-19) pandemic, the government is relaxing some rules and regulations when it comes to telehealth. As we discussed in our earlier blog post, on March 17th, The Office of Inspector General issued a policy statement waiving sanctions for providers’ waiver of telehealth cost-sharing amounts during the current Public Health Emergency. » Read More

By Charles A. Bruder (Re: Taxation Law, Health Care, Testing and Treatment, Insurance Plans, Medical Deductible, Employee Benefits)

As part of the federal government’s rapidly evolving response to the impact of the 2019 Novel Coronavirus (COVID-19), the IRS has announced that individuals covered under a high deductible health plan (HDHP) will not lose their eligibility to make or receive pre-tax contributions to a health savings account (HSA) merely because their health plan provides benefits associated with testing for and treatment of COVID-19 before the HDHP’s ordinary minimum deductibles are met. » Read More

By Norris McLaughlin, P.A. (Re: Business Law, State of Emergency, Company Shutdowns, Corporate Operations, Business Continuity)

In uncertain times like these, we think back to Hurricane Sandy and the efforts of business owners to continue operations through that emergency situation. Business continuity planning was important then and it is equally important now as business owners strategize and probe for ways to continue operations through the coronavirus (COVID-19) pandemic. » Read More

By Nicholas A. Duston (Re: Business Law, Government Involvement, State of Emergency, Business Shutdowns, Force Majeure)

As companies face shutdowns and citizens are encouraged to stay home due to the coronavirus (COVID-19), businesses and people may be asking questions, such as can the government really do that? Those who followed China’s response to the outbreak—which involved using martial law to keep millions of citizens in their home—would have seen references in those stories western democracies being unable to use such extreme measures. » Read More

By Raymond G. Lahoud (Re: Immigration Law, USCIS, ICE Enforcement, Travel Restrictions, Visa Applications, Citizenship, Naturalization, Worksite Raids, International Students)

The coronavirus (COVID-19) pandemic has created an immigration nightmare with changes announced with each passing minute and a level of uncertainty that has only compounded the uncertainty in an already confused and complicated immigration system. Borders across the world have closed to non-citizens. » Read More

By David N. Vozza (Re: Health Care Law, Physicians, Medicare, Medicaid, Telehealth)

We at Norris McLaughlin recognize that the constantly changing crisis related to the COVID-19 virus has resulted in an unprecedented time for all health care practitioners – a time that for most is filled with uncertainty regarding their practices and patients. » Read More

By Milan D. Slak (Re: Taxation Law, Income Tax Returns, Individual Tax Planning, Business Taxes, IRS)

Yesterday, the Treasury Department and the IRS issued a statement providing special tax payment relief to individuals and businesses in response to the coronavirus (COVID-19) outbreak. » Read More

By Patrick T. Collins (Re: Labor and Employment Law, Family Leave, Medical Leave, Sick Time, New York, New Jersey)

On March 18, 2020, President Trump signed the Families First Coronavirus Response Act, which provides paid leave under the Family Medical Leave Act and paid sick leave for absences resulting from COVID-19. » Read More

By Norris McLaughlin, P.A. (Re: Liquor Law, Food and Beverage, Hospitality, Restaurants, Bars, Hotels, Taverns, Breweries, Wineries, Distilleries, Pennsylvania)

On March 18, 2020, the Pennsylvania Liquor Control Board (“PLCB”) issued Advisory Notice No. 26: Temporary Cessation of the Sale of Food and Alcohol for On-Premises Consumption Relative to COVID-19 Public Health Emergency. There is not much difference in this Advisory Notice from the PLCB’s previous releases, but there is certainly a new tone regarding enforcement of these rules. » Read More

By Melissa Anne Peña and William L. Brewer (Re: Business Law, Economic Impact, Creditors, Lenders, Lease Agreements, Bankruptcy, Real Estate)

As we all practice social distancing to avoid the spread of COVID-19, businesses cannot escape the economic impact of the pandemic. With an economic recession on the horizon, the depths of which cannot be fathomed, it is crucial that businesses act proactively to address their obligations owed to creditors. » Read More

By David C. Berger (Re: Liquor Law, Food and Beverage, Labor and Employment Law, Unemployment Benefits, Hospitality, Restaurants, Bars, Hotels, Taverns, Breweries, Wineries, Distilleries, Pennsylvania)

With the shutdowns of all Pennsylvania bars and restaurants and restricting them only to take-out food and beverage sales because of the coronavirus (COVID-19), some licensees are faced with the decision whether to close or remain open in a restricted manner. » Read More

By Patrick T. Collins and Norris McLaughlin, P.A. (Re: Labor and Employment Law, Unemployment Benefits, New York, Pennsylvania, New Jersey)

With the widespread closure of businesses and looming unemployment of thousands, state and federal governments have been scrambling to address this result of the coronavirus pandemic. » Read More

By Norris McLaughlin, P.A. (Re: Business Law, SEC, Securities, Money Manager, Investment Advisers)

The United States Securities and Exchange Commission (“SEC”) issued an Order this week for those SEC-registered investment advisers (among other advisers set forth in the Order) that are affected by the coronavirus (COVID-19) that provides relief “to filing or delivery obligations, as applicable, for which the original due date is on or after the date of [the] Order but on or prior to April 30, 2020.” » Read More

By Norris McLaughlin, P.A. (Re: Consumer Fraud, Price Gouging, Hand Sanitizer, Toilet Paper, New Jersey)

You’ve likely heard about people hoarding pallets of hand sanitizer or toilet paper during the past few weeks due to concern over the coronavirus (COVID-19) pandemic. In fact, authorities in Tennessee recently investigated a man who stock-piled 17,700 bottles of hand sanitizer and was suspected of “price gouging,” or unreasonably inflating the cost of a scarce and necessary product during this time of crisis due to the coronavirus. » Read More

By Sandra Jarva Weiss (Re: Health Care Law, Physicians, Medicare, Medicaid, Telehealth, Co-pays, Deductibles)

The Office of Inspector General (OIG) announced in a policy statement issued today, March 17, 2020, that physicians and other practitioners will not be subject to sanctions for reducing or waiving any Medicare or Medicaid patient co-pays or deductibles for telehealth services furnished to the patient during the period of public health emergency declared by the Secretary of the Department of Health and Human Services on January 31, 2020, in response to the coronavirus (COVID-19) pandemic.» Read More

By Theodore J. Zeller III (Re: Liquor Law, Food and Beverage, Breweries, Beer Manufacturer, Pennsylvania)

Last evening, the Pennsylvania Liquor Control Board circulated the press release from Governor Wolf updating businesses on guidance for coronavirus (COVID-19) mitigation efforts, and while the press release discusses closures of certain businesses, it also clarifies any question whether a brewery can continue manufacturing beer. » Read More

By F. Peter Lehr (Re: Pennsylvania, Municipalities, Public Services, Essential Businesses)

Pennsylvania Governor Tom Wolf has taken unprecedented action in the face of the threat posed by the coronavirus (COVID-19). On March 6, 2020, he issued a proclamation of the existence of a disaster emergency throughout the Commonwealth, pursuant to the Emergency Management Services Code. » Read More

By Theodore J. Zeller III (Re: Liquor Law, Food and Beverage, Wine Sales, Spirits, Special Orders, Pennsylvania)

Yesterday, the Pennsylvania Liquor Control Board issued a terse note to suppliers of wine and spirits that they were shutting down the Special Order program in Pennsylvania due to the coronavirus (COVID-19) pandemic. » Read More

By Theodore J. Zeller III (Re: Liquor Law, Food and Beverage, Beer Sales, Wine Sales, Grocery Stores, Restaurants, Pennsylvania)

Today, Governor Wolf ordered the mandatory shutdown of all non-essential businesses, which includes casinos, bars, shopping malls, Pennsylvania Fine Wine and Good Spirits, and restaurants, although restaurants can stay open to offer only carry-out and delivery. Grocery stores, pharmacies, and gas stations remain essential businesses that are allowed to remain open during this current coronavirus (COVID-19) pandemic. » Read More

By Theodore J. Zeller III (Re: Liquor Law, Food and Beverage, Hospitality, Breweries, Restaurants, Pennsylvania)

Pennsylvania breweries and restaurants, not unlike all others around the United States, are facing unique challenges presented by the coronavirus. While the health of restaurant and brewery owners, employees, and patrons is paramount, everyone is concerned that their business will survive. » Read More

By Shana Siegel (Re: Elder Care, Elder Law, Health Care, Nursing Homes, Assisted Living, Senior Citizens, Caregivers)

Seniors and nursing home residents are at particular risk from the coronavirus (COVID-19). Current estimates are that the death rate is likely to be at least 15% and perhaps substantially higher for this population. Many area nursing homes have decided to prohibit all visitors out of “an abundance of caution.” » Read More

By Norris McLaughlin, P.A. (Re: Construction Law, Construction Business, Business Risks, Business Delays, Construction Damages, Force Majeure)

As the coronavirus spreads around the world, its impact on many businesses and industries, including the construction industry, is increasing. The construction industry in the United States relies heavily on foreign suppliers and manufacturers of goods for construction materials, including steel, millwork, electrical and lighting equipment, plumbing fittings and fixtures, flooring tiles, and HVAC equipment. » Read More

By Shana Siegel (Re: Elder Care, Elder Law, Estate Planning, Health Care, Health Issues, Senior Citizens, Caregivers)

As the Life Care Center of Kirkland in the Seattle area has emerged as the first nursing home in the country to report residents infected with the coronavirus, senior living and health facilities are bracing for the impact of the outbreak. » Read More

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