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Coronavirus Thought Leadership Connection II

Coronavirus Thought Leadership Connection II

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 Pamela H. Muschler (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 and Matthew B. Andersen (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 Matthew B. Andersen (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 Matthew B. Andersen (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 and Matthew B. Andersen (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

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