New York Federal Courts OVERVIEW The response by the federal courts of New York to COVID-19 has been less drastic than the response by the New York State (“NYS”) courts. For example, in NYS court, pursuant to the Administrative Order of Chief Administrative Judge Lawrence Marks, all non-essential proceedings are halted. That means no filing of any kind – electronic or hard copy – is permitted. And pursuant to the Executive Order signed by Governor Cuomo, as of March 20, all time limits prescribed by New York procedural law, and all statues of limitations, are tolled until April 19, 2020…. Read more
FYI – לידיעתך For most of us, our email is flooded with various articles on how to deal with COVID-19 in the business and legal environments. Because many of us are scrambling to balance being professionals, parents, caregivers, cooks and housekeepers simultaneously, I will keep my message short and actionable. What I have not heard much discussion about is the need to pay attention to the notice provisions in contracts; provisions that are generally viewed as “boilerplate” and not worthy of much focus. While one can hope the opposing party does the “Right” thing in these times, there will be… Read more
We have received a number of COVID-19 related inquiries from cooperative and condominium boards asking about how to deal with annual shareholder and unit owner meetings that their bylaws state should be held in the next few months. There are a number of options: The simplest, most straightforward option is to postpone holding the meeting until conditions improve and “social distancing” is no longer an issue. The NY Business Corporation Law contemplates that a corporation may fail to hold an annual meeting when required under its bylaws, and provides that, except in very special circumstances, doing so is without consequence…. Read more
The reach of COVID-19 has been felt across all facets of life. Travel bans have been enacted. Primary schools have canceled classes, and colleges have turned to full time online education. Supplies of toilet paper and hand sanitizer are scarce. The world of intellectual property has not been spared either, but COVID-19 has not brought it to a halt. IP right enforcement means have been impacted. Trademarks, trade secrets, patents, and copyrights fall under the jurisdiction of the U.S. federal court system, the latter two exclusively. Many federal district courts have issued orders greatly reducing physical access. For example, the… Read more
In response to the novel coronavirus epidemic, the federal government and the State of New York have issued a number of new laws and executive orders that impact employment decisions and working conditions for employees in residential buildings. Below is a short overview of these recently passed laws and guidelines for dealing with building employees during this unique time. Because the governmental guidances and requirements are evolving and specific circumstances may vary, these are general guidelines only; consult with counsel or your HR advisor with respect to specific questions. New York’s Work-From-Home Executive Order: Employees of Businesses Providing Non-Essential Services… Read more
Consistent with OMB guidance, the EPA has authorized telecommuting and voluntary unscheduled leave for all of its eligible workers across the country in response to the corona virus pandemic. While the EPA acknowledges that it does not have any confirmed cases of employees at the agency’s headquarters with COVID-19, the decision to rollout telecommuting across the nation is consistent with guidance issued late Sunday from the White House. The EPA also stated that leaders at each office and region are holding daily calls and commuting with staff about region specific information regarding the virus. For more information, contact Phillip Hoover.
At the end of February 2020, Georgia Governor Brian Kemp issued an executive order establishing a Coronavirus Task Force, comprised of subject-matter experts from the private and public sectors, to assess Georgia’s procedures for preventing, identifying, and addressing cases of the coronavirus (COVID-19). A few days later, in early March 2020, Governor Kemp confirmed that there were two confirmed cases of COVID-19 in Fulton County, Georgia. These cases involve two individuals who reside in the same household, one of which recently returned from Italy. In a press conference held on March 9, 2020, Governor Kemp stated there were six confirmed… Read more