Alerts
Small and Midsize Business Relief: New “Main Street Lending Program “Is on the Way
In our continuing effort to help clients leverage COVID-19-related federal assistance, we are tracking a new relief program due out soon from the Federal Reserve. The “Main Street Lending Program” will facilitate loans to small- and mid-size businesses that were considered to be in sound financial condition before the start of the COVID-19 pandemic. Read more.
June 9, 2020
Alerts
New York Empowers Businesses and Commercial Building Owners to Require Masks and Temperature Checks
As New York State begins reopening for business, Governor Cuomo gave businesses the right to protect themselves by enacting two New York State Executive Orders. Read more.
June 9, 2020
Alerts: Entertainment Law
California Will Permit Television, Film, and Music Production to Resume on June 12, 2020 Subject to County Public Health Approvals
As several production-heavy states announce the easing of stay-at-home orders and restrictions, the question of how to restart entertainment production in a safe manner has become paramount. Read more.
June 9, 2020
Alerts
PPP Loan Program Updates: Enactment of Paycheck Protection Program Flexibility Act Brings Forgiveness Period, Payroll Cost Threshold, Loan Maturity and Other Changes
The evolution of the PPP continues. On June 5, the Paycheck Protection Program Flexibility Act, which enjoyed bipartisan support in Congress and includes many changes designed to provide more flexibility for PPP borrowers, was signed into law. Read more.
June 9, 2020
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Alerts: Employment Law
OSHA Issues New Guidance on Reporting “Work-related” COVID-19 Cases
Employers preparing to reopen offices and worksites have some new reporting requirements from the Occupational Safety and Health Administration (“OSHA”) of the United States Department of Labor. The new requirements, effective May 26, 2020, spell out when an employer must record and report a COVID-19-related incident. Read more.
June 2, 2020
Alerts: Entertainment Law
Federal Bill Would Increase Availability of Key Insurance Coverages
As states begin to gradually reopen and networks held virtual upfronts, the entertainment industry is contemplating both when and how production will be able to resume. Studio executives, union representatives and epidemiologists are meeting to develop new protocols that will permit production to restart safely. Read more.
June 1, 2020
Alerts
PPP Loan Program Update: The New SBA Loan Forgiveness Application
On May 15, 2020, the SBA released its Paycheck Protection Program (PPP) Loan Forgiveness Application and instructions for its completion. The application must be completed and submitted by PPP borrowers to their lenders at the end of the eight-week covered period in order to obtain forgiveness of their loans. Read more.
June 1, 2020
Alerts: Estate Planning Law
New York State Surrogate’s Courts Continue to Reopen
After weeks of uncertainty regarding commencement of probate petitions and the admission of Wills to probate, the New York State (NYS) Surrogate’s Court system has taken steps toward reopening for both essential and non-essential matters. Read more.
June 1, 2020
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Alerts
NYC COVID-19 Relief Package Will Help Restaurants and Certain Small Commercial Tenants
On May 26, 2020, New York City Mayor Bill de Blasio enacted legislation to help certain small businesses and restaurants in New York City that have been impacted by the COVID-19 pandemic. Read more.
May 27, 2020
Alerts: Employment Law
Checklist: Eleven Policies to Consider Before Reopening Your Business
As economies across the country begin restarting and the COVID-19 pandemic continues, employers have some important, pandemic-related revisions to consider for their employment policies and handbooks. Frankfurt Kurnit’s employment team has been reviewing the applicable federal, state, and local laws, guidelines and regulations to gather a list of specific policies employers should consider creating or revising. Read more.
May 27, 2020
Alerts
PPP Loan Program Updates: Additional Funding and Valuable “Safe Harbors”
The Frankfurt Kurnit Corporate Group continues to track developments in the Paycheck Protection Program (the “PPP”), adopted as part of the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”). Read more.
May 18, 2020
Alerts: Employment Law
California Sues Uber and Lyft for Worker Misclassification
This week, more shots were fired in the ongoing war over AB5. On May 5, 2020, California’s Attorney General and city attorneys for Los Angeles, San Diego, and San Francisco sued Uber and Lyft for misclassification of hundreds of thousands of California workers. Read more.
May 13, 2020
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Alerts
The USPTO’s COVID-19 Extensions of Time: What Trademark Attorneys and Brand Owners Need to Know
The United States Patent and Trademark Office has responded to the COVID-19 pandemic by allowing trademark applicants and owners to extend certain deadlines falling between March 27th and May 31, 2020 until June 1, 2020. Read more.
May 12, 2020
Alerts: Employment Law
SBA Clarifies Key Loan Forgiveness Issue for Employers
Over the last several weeks, many business have applied for and received loans pursuant to the Paycheck Protect Program administered by the Small Business Association. A key feature of the PPP loans is that they are potentially 100% forgivable so long as headcount and salary levels remain constant through an eight week period that begins to run when the loan is funded. Read more.
May 12, 2020
Alerts: Employment Law
California Workers’ Compensation Order Creates Rebuttable Presumption that COVID-19-related Illness Came From Work
As part of his effort to create an “Expanded Workforce Safety Net”, on May 6, 2020, California Governor Gavin Newsom issued an Executive Order creating a rebuttable presumption that an employee's COVID-19 related illness arose out of the course of employment and, as a result, is covered by workers’ compensation. Read more.
May 12, 2020
Alerts
New York Real Estate and COVID-19: New Relief for Landlords and Tenants
Residential and commercial tenants experiencing pandemic-related financial hardship have been waiting for additional legal relief. On Friday, May 7, 2020, they got it when Governor Cuomo updated the COVID-19 Emergency Executive Orders for residential tenants and commercial tenants. Read more.
May 11, 2020
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Alerts: Estate Planning Law
Remote Document Execution: Current Rules in New York, New Jersey and Connecticut
For the past month, we have been supervising the execution of our clients’ Wills and related estate planning documents through the use of audio-video technology, allowing for the completion of planning projects while maintaining appropriate social distancing. We conduct these signing conferences through the use of various technological platforms, depending on clients’ preferences or limitations – and all coordinated with clients beforehand. Read more.
May 11, 2020
Alerts
Force Majeure: Court Will Decide Whether COVID-19 Excused Developer’s Failure to Close
COVID-19 has disrupted business operations and contracts across industries on an unprecedented scale. Some individuals and companies are trying to avoid or delay their contractual obligations by invoking previously overlooked force majeure provisions. Others are aiming to enforce their contracts after receiving force majeure notices. We expect a new wave of litigation. Last month, one of the first force majeure case arising out of COVID-19 was filed in California: Pacific Collective LLC v. ExxonMobil Oil Corp. Read more.
May 11, 2020
Alerts: Entertainment Law
“Packaging Fees” Dispute: Court Permits Certain Writer Claims to Proceed
Film and television creatives and executives have been closely watching William Morris Endeavor Entertainment, LLC vs. Writers Guild of America, West, Inc., a battle between talent agencies and writers over agency “packaging fees.” Resolution of the dispute will have a large impact on how writers, creators, and agents get paid. Recently, a federal judge issued an important ruling on the WGA and individual writers’ claims -- allowing certain claims to proceed. Read more.
May 11, 2020
Alerts: Entertainment Law
The Show Must Go On: Production During the Pandemic
From pitch meetings to development and production, COVID-19 has changed the way creatives and their representatives do business. Read more.
May 4, 2020
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Alerts: Estate Planning Law
Estate Planning Opportunities During the Pandemic
The pandemic’s effect on the economy has led to reduced valuations for many privately-owned and publicly-traded businesses, as well as reduced valuations for real estate and other assets. At the same time, interest rates remain at historically low levels. This unique economic environment can create estate planning opportunities for certain individuals and families. Read more.
May 4, 2020
Alerts
IRS: Forgiven Paycheck Protection Program Loan Expenses Are Not Deductible
On April 30, 2020, the IRS announced in Notice 2020-32 that expenditures of CARES Act Paycheck Protection Program (“PPP”) loan funds that otherwise would be deductible for federal income tax purposes will not be deductible to the extent such loan funds are forgiven pursuant to the PPP. Read more.
May 4, 2020
Alerts: Sports Law
April Sports Industry News 2020
Here’s what’s happening at the intersection of sports, marketing, and entertainment law as we face an unprecedented and difficult entry into Spring. Read more.
May 1, 2020
Alerts: Employment Law
EEOC Permits Employers to Test for COVID-19
This week, as parts of the nation began returning to work, the EEOC responded to an increasingly urgent question: May employers test employees for COVID-19? Read more.
April 27, 2020
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Alerts
PPP Loan Program Updates: Additional Funding and Additional Guidance
The Frankfurt Kurnit Corporate Group has been tracking developments in the Paycheck Protection Program (the “PPP”), adopted as part of the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”). In this alert we highlight some key developments since our last update. Read more.
April 27, 2020