Ruskin Moscou Faltischek’s attorneys from its different legal departments and practice groups have been analyzing the legal impact that existing, new, and proposed federal and state laws will have on employers and individuals in dealing with the effects of the COVID-19. To help address various aspects of these laws we have created a COVID-19 Resource Page with informational alerts and summaries to help you navigate through these laws. Below are links to recently drafted alerts and summaries. We are continuously updating our COVID-19 Resource Page as issues evolve, so check back frequently for more information to help guide you and your business.
A Message from the Managing Partner, Adam P. Silvers: read more
- Enforceability of Contracts During a Pandemic – April 30, 2020 Many businesses are now wondering whether they are required to perform their contractual obligations in light of COVID-19 pandemic and the “New York State on PAUSE”…read more
CORPORATE & SECURITIES
- Small Business Administration: Business Loan Program Interim Final Rule – May 13, 2020 The Small Business Administration (“SBA”) issued Interim Final Rules interpreting aspects of the Paycheck Protection Program (“PPP”). …read more
- Independent Contractor Alert – May 13, 2020 The SBA released an Interim Final Rule regarding eligibility criteria for self-employed individuals on April 15,
2020… read more
Webinar- The Paycheck Protection Program: Now What?– April 11, 2020… listen here
SBA and NYC Offer Financial Assistance Programs to Small Businesses– March 30, 2020
Under the Coronavirus Preparedness and Response Supplemental Appropriations Act the U.S. Small Business Administration is offering states low-interest federal disaster loans for working capital to businesses suffering substantial economic injury as a result of the coronavirus… read more
- SEC Update: Conditional Relief Provided for Filing, Proxy Statements, and Annual Report Deadlines– March 27, 2020… read more
- Borrowing Under The CARES Act- March 26, 2020
Congress is in the process of enacting the most significant economic bailout package in United States history. While still subject to modification, many of the provisions are likely to remain intact, particularly with respect to government lending to small businesses… read more
- E-Signatures and Notary Acknowledgements in the Age of COVID-19- March 25, 2020
In the age of COVID-19, the use of electronic signatures (e-signatures) and remote notary acknowledgements has become a societal imperative, as social distancing and remote working requirements have made inperson execution and acknowledgement of documents increasingly difficult, if not impossible… read more
- Important First Steps After Data Privacy Breach – May 19, 2020 Throughout the COVID 19 crisis, government agencies have warned of increasing cyber-attacks…read more
- FBI Warns of COVID-19 Scams– April 9, 2020
On April 6, 2020, the Federal Bureau of Investigations issued an alert warning of an increase in Business Email Compromise (“BEC”) scammers who are targeting individuals and companies making legitimate funds transfers… read more
- Practicing Good Cyber-Hygiene– March 30, 2020
Cyber scammers are ever alert to crises and COVID-19 is no exception. People who perceive a crisis are more vulnerable to being duped and taken advantage of and companies must be aware of the risks and remind all employees to practice good cyber-hygiene… read more
- Vaccine Mandate: Coming Soon To A Large Employer Near You – November 5, 2021 – On November 5, 2021, the Occupational Safety and Health Administration (“OSHA”) published its long awaited Emergency Temporary Standard (“ETS”) requiring employers with at least 100 employees… read more.
- HERO ACT: COVID-19 NOW REQUIRES HERO ACT PLANS TO BE ACTIVATED – September 8, 2021 – On September 6, 2021, Governor Hochul announced that COVID-19 will now be designated as “a highly contagious communicable disease… read more.
- Important Upcoming Employment Deadlines: NYS HERO Act and COBRA Subsidy Final Notice – September 2, 2021- Important state and federal employment deadlines are rapidly approaching for New York employers…read more.
- Biden Issues Executive Order Seeking Non-Compete Reform – July 23, 2021 – On July 9, 2021, President Biden issued an Executive Order on Promoting Competition in the American Economy… read more.
- HERO Act Guidance Published By NY Department of Labor – July 13, 2021 – In May 2021, Governor Andrew Cuomo signed the New York Health and Essential Rights Act, known as the HERO Act… read more.
- New York Updates Restrictions For Office Spaces – June 17, 2021 – On June 15, 2021, Governor Cuomo
announced that a majority of COVID-19 restrictions would be lifted… read more.
- May 31 Notice Deadline Approaching For COBRA Subsidy – May 20, 2021 – The American Rescue Plan Act of 2021 (the “Act”) includes a 100% COBRA premium subsidy effective April 1 through September 30, 2021… read more.
- New York Adopts CDC Guidance for Fully Vaccinated Individuals – May 18, 2021 – On May 17, 2021, Governor Cuomo announced that beginning on Wednesday, May 19, 2021, fully vaccinated individuals will no longer be required to wear a mask or physically distance in most businesses and public settings… read more.
- New York Increases Capacity for Office Spaces – April 29, 2021 – On April 26, 2021, Governor Cuomo announced that beginning on May 15, 2021, office-based capacity limitations will increase from 50% to 75% capacity… read more.
- COVID-19 Relief Legislation: Round Three – March 29, 2021 – On March 11, 2021, President Biden signed into law the third round of COVID-19 relief, providing additional assistance to businesses and individuals… read more.
- Employees Are Entitled To Paid Leave Under NY Law To Receive COVID-19 Vaccine – March 19, 2021 – In an effort to encourage New Yorkers to get vaccinated against COVID-19, New York has amended the NY
Labor Law to provide employees with paid leave to receive the COVID-19 vaccine… read more.
- New York Provides New Guidance Regarding Use Of NYS COVID-19 Sick Leave – January 22, 2021 – On January 20, 2021, the New York State Department of Labor (“NYSDOL”) issued new guidance regarding the use of New York COVID-19 sick leave… read more
- Additional COVID-19 Relief Legislation – December 23, 2020 – On December 21, 2020, Congress came to an agreement on additional COVID-19 relief, providing assistance to businesses and individuals… read more
- Updates To New York’s Travel Advisory For Out-Of-State Travel – November 10, 2020 – On the verge of the holiday season, New York has changed its rules relating to quarantining after out-of-state travel… read more
- New York State Sick Leave Law Takes Effect – October 14, 2020- Earlier this year, New York adopted a statewide paid sick leave law (“Sick Leave Law”) as part of its fiscal year 2021 budget… read more
- COVID-19 Antibody Tests and Returning to Work – June 17, 2020- On June 17, 2020, the Equal Employment Opportunity Commission (the “EEOC”) issued new guidance clarifying that COVID-19 antibody tests… read more
- Back to Work Planning and New Guidance from the Department of the Treasury Regarding PPP Loan Forgiveness– May 6, 2020
As companies begin to plan for the reopening of their workplaces, one issue that many are bound to encounter is laid off employees who refuse to return to work. This issue may impact workforce planning, and also cause concern for those with PPP loans in connection with anticipated loan… read more
- Small Businesses and the Families First Coronavirus Response Act– March 31, 2020
The United States Department of Labor has released guidance relating to how a small business may be exempt from certain of the paid leave requirements in the Families First Coronavirus Response Act…read more
- FAQ’s: COVID-19 and Workplace Impact– March 27, 2020
The COVID-19 pandemic has had an unprecedented impact on employers of all sizes in New York and nationwide. This FAQ addresses common workforce-related questions raised by the changing employment law landscape resulting from COVID-19…. read more
- Coronavirus Employment Law Update– March 20, 2020
Workforce Reduction Order, Families First Coronavirus Response Act, Emergency Family Medical Leave Expansion Act and… more
- COVID-19 Coronavirus– March 17, 2020
With the declaration of a national emergency centered around the COVID-19 coronavirus, and new frightening statistics emerging daily, employers are trying to navigate these challenging times and to establish a new normal for their employees… read more
FINANCIAL SERVICES, BANKING & BANKRUPTCY
- What Satisfies the Due Diligence Requirement for Bringing a Preference Action? – July 26, 2021 – The Small Business Reorganization Act (“SBRA”) was enacted August 23, 2019, and went into effect in February 2020… read more.
- Pennsylvania District Court Rules that the Automatic Stay does not Apply to Actions by the United States Department of Labor Under the Fair Labor Standards Act – April 8, 2021 – A recent decision in the District Court, Western District of Pennsylvania (Hornak, D.C.J.) held that the automatic stay under § 362 of the Bankruptcy Code… read more.
- SBA Publishes Additional Guidance and FAQ’s on Eligibility for Paycheck Protection Program – April 30, 2020 Businesses reeling from the impact of the COVID-19 pandemic immediately utilized the initial resources committed to the Payroll Protection Program (“PPP”)… read more
- Part II-Restructuring and Bankruptcy Options to Save your Company from the Brink: Large Company Solutions for Small and Mid-Market Enterprises– April 27, 2020… read more
- Restructuring and Bankruptcy Options to Save your Company from the Brink– March 25, 2020
The short and long term economic impact of COVID-19 may not fully manifest itself for months or years.In the meantime, business owners must take short and long term measures to protect, or salvage, their operations…read more
- Important Changes to the Payroll Protection Program – June 15, 2020 – On or about June 5, 2020, in an effort to provide businesses with greater flexibility and more time to keep
employees on payroll as the country reopens for business… read more
- Guidance For Reopening Health Care Practices During COVID-19 – June 9, 2020 Many healthcare offices have been closed for many weeks due to the “sheltering in place”, “pause” and “social distancing” directives in most jurisdictions caused by the Covid-19 pandemic… read more
- Are You Thinking About Buying Or Selling A Dental Practice? – May 22, 2020 If you are a dentist thinking of selling your dental practice, or buying the practice of another dentist, you may feel overwhelmed and unsure of what is involved in the process… read more
- Important First Steps After Data Privacy Breach – May 19, 2020 Throughout the COVID 19 crisis, government agencies have warned of increasing cyber-attacks…read more
- CMS Suspends Accelerated And Advance Payment Program To Medicare Suppliers– April 28, 2020
On April 26, 2020, the Centers For Medicare & Medicaid Services (“CMS“) announced that, effective immediately, it is suspending its Advance Payment Program and reevaluating the amounts that it will pay to Medicare Part B suppliers under its Accelerated Payment Program… read more
- FAQs on Paycheck Protection Program Loans- April 9, 2020… read more
- Immunity For Health Care Facilities and Professionals During the COVID-19 Emergency– April 8, 2020
The newly enacted 2021 New York State Budget includes the passage of the Emergency Disaster Treatment Protection Act (“EDTPA”). The purpose of the EDTPA is to provide immunity to health care facilities and health care professionals providing care and treatment to… read more
- Health Care Practitioners Surviving Economic Effects of COVID-19– April 7, 2020
As the novel coronavirus grips many in the nation in panic, and devastates our economy, independent healthcare practitioners, whose income depends on “elective” care, have been hard hit by government-mandated closures… read more
- CMS Issues Waiver for Stark Law and COVID-19– April 3, 2020
On March 30, 2020, the Center for Medicare and Medicaid Services (“CMS”) announced that it had issued a waiver of sanctions under the physician self-referral law (“Stark Law”) retroactive to March 1, 2020, in response to the COVID-19 pandemic… read more
- Important New Guidance for Home Health Agencies– April 3, 2020
The Trump Administration issued new guidance on March 30, 2020 affording home health agencies with additional flexibility in our fight against COVID-19. These temporary measures have been designed to… read more
- Accelerated Payment Program For Medicare Providers And Suppliers During COVID-19 Crisis– April 1, 2020
On March 28, 2020, the Centers for Medicare & Medicaid Services (“CMS”) announced an expansion of its Accelerated and Advance Payment Program for Medicare providers and suppliers to help provide resources needed to meet the COVID-19 public health emergency… read more
- In Response To The COVID-19 Outbreak, Governor Cuomo Issues Executive Order, UPDATED– April 1, 2020 This Executive Order, effective until April 22, 2020, contains sweeping language that substantially modifies existing laws related to health care providers and the practice of medicine…read more
- In Response To The COVID-19 Outbreak, Governor Cuomo Issues Executive Order– March 27, 2020
- Employing Effective Telemedicine in the COVID-19 era– March 24th
While New York passed a law in 2016 permitting the delivery of telehealthcare services to Medicaid patients, it requires a two-way live audio-visual connection. However, over the last week there has been a sea change in emergency regulation, both state and federal, designed to encourage physicians and the rules are presently relaxed… read more
- Federal Government Issues Emergency Order Permitting Prescriptions For Controlled Substances Without Live Face –to- Face Encounter During COVID-19 Crisis– March 17, 2020
While a prescription for a controlled substance issued via internet must generally be predicated on an inperson medical evaluation, the Controlled Substances Act provides for exceptions in the face of public health emergencies… read more
INSURANCE & INSURANCE LITIGATION
- Insurance Coverage and Coverage for COVID‑19– April 8, 2020
Almost all of you likely have Property Insurance Coverage for your business, which coverage almost always provides coverage for: Business Income, Business Interruption and/or acts of Civil Authority… read more
- Executive Order States COVID-19 Causes Property Loss and Damage– April 2, 2020
One of the most pressing legal issues right now is whether Business Interruption insurance covers claims arising from the COVID-19 pandemic… read more
- New Jersey, Massachusetts, and Ohio Propose Legislation Requiring Insurers to Pay Business Interruption Claims Related to the COVID-19 Pandemic
– April 2, 2002 read more
- Proposed Legislation in New York Requiring Insurers to Cover Business Interruption Claims- April 2, 2020
On March 27, 2020, Assemblymember Robert Carroll introduced a bill to the New York State Assembly that would require insurance carriers within New York State, which provide Business Interruption Insurance… read more
- DFS Issues Letter Directing All Insurance Carriers to Issue “Explanation of Benefits” to Insureds with Business Interruption Coverage– April 1, 2020
On March 10, 2020, the New York State Department of Financial Services (“DFS”), issued a letter to all insurance carriers covering risk within New York to… read more
- COVID-19 — Navigating the Impact on Your Business– March 25, 2020
As the global crisis escalates, consulting counsel with a comprehensive understanding of contractual remedies and insurance coverage is crucial to protecting your business… read more
- “New York State Provides Relief for Those Faced with Making Life and Property and Casualty Insurance Payments”… read more
- To Pay or Not to Pay: Issues Concerning the Payment of Rent During the Coronavirus Pandemic- March 30, 2020
Businesses are shutting down, and people are staying home. Although necessary to slow the spread of theCOVID-19 virus and “flatten the curve,” as they say, it is having a devastating effect on the national and local economies, not to mention household finances... read more
- IRS Issues Additional Guidance On Deductibility Of Expenses Paid With PPP Loans – November 23, 2020 – The IRS has issued guidance in the form of a new Revenue Ruling (Rev. Rul. 2020-27) and Revenue Procedure (Rev. Proc. 2020-51)… read more
- Tax Related Provisions Of The CARES Act– March 30, 2020
Included in the CARES Act were many tax-oriented provisions. These include: Retirement Plan Provisions, Payroll Tax Provisions, Charitable Contributions and…read more
- UPDATE: Tax Relief During The COVID-19 Pandemic– March 30, 2020
Treasury Department and the IRS announced that the income tax filing due date would be automatically extended from April 15, 2020 to July 15, 2020. There is no need to file an application in order to be granted this extension of time to file unless you wish to extend your time to file your income tax returns beyond July 15, 2020… read more
TRUSTS & ESTATES
- Estate Planning Review During COVID-19 Crisis– April 7, 2020
We have received many questions from clients asking what they should do about their estate plan as a result of the COVID-19 crisis. Accordingly, we are providing a few important steps that you can take to ensure that your estate plan is current… read more
- Consider the Potential Benefits of Mediation Or Referees During the Pandemic – May 4,2020 With New York state “on pause”for the foreseeable future, many practitioners are coming up with creative ways to service their clients during the COVID-19 pandemic, while maintaining safe “social distancing” protocols and ensuring the health of our colleagues and clients. … read more
WHITE COLLAR CRIME & INVESTIGATIONS
- Department of The Treasury Issues New PPP Loan Guidance: A Look at Recent Guidance and Future Enforcement Actions – May 15, 2020 As part of the Coronavirus Aid, Relief, and Economic Security Act, the Paycheck Protection Program (“PPP”) was designed to assist small businesses nationwide by providing loans that are subject to forgiveness if at least 75% of the loan was used to cover payroll costs… read more