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
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
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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
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
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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
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
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Alerts: Sports Law: In the Press: Quoted
As Facetime Photoshoots Find Favor in Fashion, What Does That Mean for Authorship and Ownership?
The Fashion Law quotes Jeremy S. Goldman on authorship and ownership questions surrounding the rise of FaceTime and Zoom photoshoots. View Article
April 26, 2020
Alerts
IRS Provides Further Coronavirus-Related Tax Relief
Individuals or corporations that have quarterly estimated tax payments due between April 1 and July 15, 2020 can wait until July 15 to make that payment without penalty. Read more.
April 9, 2020
Alerts
Interactive Entertainment Alert
In recent years the video game industry has been the subject of several lawsuit trends, including suits related to dance moves within video games and suits related to tattoos on persons depicted in video games. Two recent victories for game publishers have altered the risk calculus for use of third-party intellectual property. Read more.
April 9, 2020
Alerts: Estate Planning Law
Executive Order 202.14 Allows Audio-Video Witnessing for Execution of Wills, Trusts, Powers of Attorney, Health Care Proxies, and Appointments of Agent for Disposition of Remains
On April 7, 2020, Governor Cuomo issued Executive Order No. 202.14, which allows for audio-video witnessing of Wills, Trusts, Powers of Attorney, Health Care Proxies and Appointments of Agent for Disposition of Remains. Read more.
April 8, 2020
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Alerts
COVID-19 and Commercial Leasing: What New York Landlords and Tenants Need to Know
A series of New York Executive Orders in response to COVID-19 are now interrupting normal business operations for nearly all landlords and commercial tenants -- including in the office, retail, restaurant and manufacturing sectors. Read more.
April 6, 2020
Alerts
CARES Act: Calculating Employee Headcount Under SBA “Affiliation Rules”
The recently passed Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) created a program called the Paycheck Protection Program (the “PPP”), which makes certain loans available to small businesses. Read more.
April 4, 2020
Alerts
Tax Alert: CARES Act
The Coronavirus Aid, Relief, and Economic Security Act passed by Congress and signed by the President on March 27 (the “CARES Act”) contains a number of tax relief provisions for individuals and businesses intended to ameliorate the economic impact of the Coronavirus pandemic. Read more.
March 30, 2020
Alerts: Employment Law
The FFCRA Implementation Date is Coming Up – How to Get into Compliance
Employers are reminded that the new Families First Coronavirus Act will go into effect commencing on April 1, 2020 and continuing through December 31, 2020. Employers should not only be aware of the law’s key provisions, but know how to stay complaint and provide mandatory notice to employees. Read more.
March 30, 2020
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Alerts: Employment Law
Aid for Small Business and Employees Affected by COVID-19
On March 27th, the House passed and the President signed the Coronavirus Stimulus package, now known as the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act. The CARES Act pumps $2.2 trillion into the American economy to combat the effects of the Coronavirus. Below is a summary of the key provisions of the CARES Act that will provide assistance to workers and small businesses. Read more.
March 28, 2020
Alerts: Employment Law
Updates to Federal and State Employee Leave and Sick Leave Laws
The ongoing COVID-19 crisis has prompted a number of new federal and state laws related to employee leave and sick leave. This alert will highlight recent changes in federal and New York law. Read more.
March 23, 2020
Alerts
Tax Update: Expansion of Emergency Tax Relief
Last week, we told you about the U.S. Treasury’s decision to permit the deferral of tax payments until July 15, 2020. In a sign of the rapid pace of change in the current environment, the IRS on Friday issued a superseding notice, Notice 2020-18, in which it expanded the emergency relief previously announced in Notice 2020-17. Read more.
March 23, 2020
Alerts: Legal Ethics and Professional Responsibility
A Primer On New York’s COVID-19 Executive Orders and What They Mean for Your Practice
This past week, New York has taken a number of steps to restrict movement in and around the State in an effort to contain the COVID-19 crisis. Governor Andrew Cuomo has issued executive orders and the chief judges of the state and federal courts have issued administrative orders that have had a sweeping impact on the legal industry as well as the business community at large. Read more.
March 22, 2020
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Alerts: Employment Law
California WARN Act Requirements Suspended by Governor
On March 18th, California Governor Newsom, at the urging of the Hollywood Chamber of Commerce, granted some relief to business owners in the state by suspending the requirements of the California WARN Act. Read more.
March 20, 2020