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COVID-19: Back to Business Analysis from Your Lawyer

As part of our efforts to provide you with the knowledge and information you need to prepare for your company’s “back to business” plan, we’re aggregating a selection of links to blog posts written by Norris Mclaughlin attorneys and specifically geared to the “back to business” theme. Check this page frequently for regular updates.

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.

Impact of the COVID Pandemic on Physician Employment Agreements

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

Commercial Construction & Renovation Magazine Features “Industry Perspective” Bylined by Deanna Koestel

By Deanna L. Koestel (Re: Business Law, Construction Industry, Contractors, Developers)

A lot has been said and written about the changing landscape of commercial construction during the COVID-19 global pandemic: everything from the type and size of projects now undertaken, delayed, canceled or reimagined, to the disruption within the workforce (including a dearth of skilled trade/construction workers), to the challenges all these issues pose to contractors and developers as they struggle to achieve some semblance of recovery. » Read More

ICE Extends Remote I-9 Verification Policy Through January 31, 2021

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

EEOC Updates Its COVID-19 Technical Assistance Publication to Address Vaccinations

By Annmarie Simeone (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

Promising Court Opinions in First Wave of COVID Insurance Loss Claims for Restaurants

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

Treasury Transparency: Enhanced Regulations for Trading in Government Securities

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

Avoiding Commercial Texting Trouble Under the Telephone Communication Protection Act (“TCPA”)

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

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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.Page 1 | Page 2 | Page 3

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.

What Guardians Should Know About COVID and the COVID-19 Vaccine

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

Commercial Construction & Renovation Magazine Features “Industry Perspective” Bylined by Deanna Koestel

By Deanna L. Koestel (Re: Business Law, Construction Industry, Contractors, Developers)

A lot has been said and written about the changing landscape of commercial construction during the COVID-19 global pandemic: everything from the type and size of projects now undertaken, delayed, canceled or reimagined, to the disruption within the workforce (including a dearth of skilled trade/construction workers), to the challenges all these issues pose to contractors and developers as they struggle to achieve some semblance of recovery. » Read More

Mixed-Status Families to Finally Receive Stimulus Checks

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

Will the COVID-19 Vaccine Bring Reform To Long-Term Care Facilities?

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

ICE Extends Remote I-9 Verification Policy Through January 31, 2021

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

Cooperatives Now Eligible for New PPP Loans

By Jillian P. Levitt (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

Telemedicine and the COVID-19 Vaccination – What’s on the Horizon for 2021?

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

Housing Cooperatives and PPP Loans: Is It Time To Rejoice?

By Jillian P. Levitt (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

Taxpaying Immigrants Urge Action on COVID-19 Relief Through Billboard in New Jersey

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

EEOC Updates Its COVID-19 Technical Assistance Publication to Address Vaccinations

By Annmarie Simeone (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

Pennsylvania’s COVID Christmas Closure 2020

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

New Jersey Revises Travel Restriction Guidelines

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

Promising Court Opinions in First Wave of COVID Insurance Loss Claims for Restaurants

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

Treasury Transparency: Enhanced Regulations for Trading in Government Securities

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

Federal Court Litigation Trends and Activity – Lex Machina®’s Torts Litigation Report – Nov. 2020

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

Next Surge of COVID-19 Impact on New Jersey Long-Term Care Facilities

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

Avoiding Commercial Texting Trouble Under the Telephone Communication Protection Act (“TCPA”)

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

CMS Establishes New Rules for Payment of COVID-19 Vaccine

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

Daily Health Checks Under Governor Murphy’s Executive Order 192

By Patrick T. Collins and Annmarie Simeone (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

Major Overhaul of H-1B Program Announced

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

Flexibility in Responding to USCIS Requests Extended

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

Coronavirus and the Constitutional Rights of Businesses: Butler v. Wolf

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

When the Tank Is Empty: Auditing in the Time of COVID-19

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

Are You Ready? Preparing Your Business for a Paycheck Protection Program (PPP) Loan Audit

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

Virginia First To Adopt COVID-19 Rules for Workplaces

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

Employer Responsibilities to Provide a Safe Workplace During COVID-19

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

U.S. Department of Labor Issues New FMLA Forms and Guidance on Return-To-Work Issues

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

Building Owners Must Have a Plan

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

Expanding Telehealth in a Post-COVID World

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