Eric Wrubel Authors New York Law Journal Article on Balancing Parenting Roles Post Divorce Amid COVID

Eric Wrubel, partner and chair of the Matrimonial Law Department, wrote an article for the New York Law Journal, “Blurred Lines: Balancing Parenting Roles Post Divorce Amid COVID.”

Ally Hack and Elizabeth Erickson Co-Author New York Law Journal Article on the Implications of the 'Fields v. Fields': “Townhouse Stoop-Sweeping” Case 10 Years Later

In this New York Law Journal article, Ally Hack and Elizabeth Erickson review how New York Courts have handled the "head-scratching" decision in 'Fields v. Fields' in the subsequent 10 years after the case.

Read the full article.

Client Alert: Tax Planning This Election Year

The Tax Cuts and Jobs Act of 2017 effected a number of tax changes that benefited high-net-worth in­dividuals and businesses. With the upcoming Presidential and other elections this November, which could deliver control of the White House and the Senate to the Democrats, a number of observers have expressed concern that many of the foregoing benefits, as well as benefits that were in effect prior to enactment of the 2017 Tax Act, may be repealed.

For this reason, and because asset values are expected to increase as the recession winds down, there are a number of steps high net worth taxpayers might consider in order to take advantage of these endangered benefits. These steps include triggering income and gain this year, accelerating asset acquisitions and like-kind exchanges, restructuring foreign and domestic business operations, and gift giving. Learn more in this alert.

Sophie Jacobi-Parisi Authors Article on Why Living Through a Divorce is a Bit Like Living Through Our Current Climate for Thrive Global

Matrimonial Group Partner Sophie Jacobi-Parisi recently wrote the article, “Five Reasons Why Living Through a Divorce is a Bit Like Living Through Our Current Climate” for Thrive Global. Click here to read the article.

Navigating DACA After SCOTUS Halts Its Rescission: Key Points

Client Alert: Supreme Court: SEC Disgorgement Survives, but with Limitations

Warshaw Burstein Title IX/College Discipline Group Co-Authors Expert Opinion Article for New York Law Journal on New Regulations Demand Due Process for Campus Sexual Misconduct Cases

In an Expert Opinion column in the New York Law Journal titled, "New Regulations Demand Due Process for Campus Sexual Misconduct Cases" written by members of the Warshaw Burstein Title IX/College Discipline Group: Kimberly C. Lau, Litigation Partner and Chair, James Figliozzi, Counsel and Branden Lynn, Associate, the authors review top-line changes in the new Title IX regulations, the renewed focus on due process, and also address the regulations' likely successes and shortcomings ahead of their implementation on August 14, 2020.

The Cares Act Amended: Paycheck Protection Program Flexibility Act of 2020

If you have already received a PPP loan, the PPP Flexibility Act will not allow you to apply for or receive a second loan. With respect to loans applied for after enactment of the PPP Flexibility Act, although the covered period has been extended to 24 weeks, there has been no change to the maximum loan amount that can be borrowed under the PPP - it remains 2.5 times a borrower's one-month average payroll cost, as determined under the existing PPP application.

Martin Siegel and Ally Hack Co-Author Law360 Article on Executing NY Contracts While Working From Home

Partners Martin Siegel and Ally Hack co-authored a Law360 article on executing NY contracts while working from home. In the article, Martin and Ally explore how lawyers can satisfy the New York Statute of Frauds remotely using technology to help facilitate deals and make contractual commitments such as by using mobile phones and videoconferencing tools, including Zoom, BlueJeans or Skype For Business

Elizabeth Erickson, an attorney in the Matrimonial Group, was a guest blogger for Caroline Zwickson, a women's health and life coach, as part of Zwickson's "ML Spotlight Series." The article explored how the “mental load”, as a significant parenting dynamic, is overlooked in custody arrangements, and suggests simple steps to address and recalibrate the mental load so that all family members can thrive in post-divorce life.  Click here to read the article.  

Warshaw Burstein Partner Felicia Ennis Discusses Keys to Successful Business Reopening

Felicia Ennis, Partner in the Employment law group, discusses the elements of a post-pandemic Back to Work Plan for businesses.  

VICE News featured Kimberly C. Lau, Litigation Partner and Chair of our Title IX/College Discipline Group, in an in-depth story about Title IX following the recently released final rules. 
 

In light of DOE's release of the final Title IX regulations, "You (Online)," the digital magazine about reputation management, features Kimberly C. Lau, Litigation Partner and Chair of Warshaw Burstein LLP’s Title IX/College Discipline Group, in a Q/A entitled: "Title IX: Legal Insight into Reputation-Damaging College Issues." 

Updated SEC Guidance for Investment Advisers

IRS Issues Notice Denying Deductions for Expenses Paid with PPP Loans

The rules regarding SBA PPP loans are evolving, but what is clear is the importance of bookkeeping and the guidance about allowable expenses.

Now that lenders have started to advance funds under the Paycheck Protection Program, recipients of those funds need to turn their focus to the proper use of PPP funds and the measures that can be taken to maximize the debt forgiveness feature of PPP loans.

Commercial insurance policies often contain a business interruption clause that covers unanticipated business closures due to unforeseen events such as weather, fire and floods. Whether insurance policies cover a pandemic or government order to shutdown is yet to be determined.

As the COVID-19 pandemic has progressed, many of our clients have had questions about the business interruption provisions of their insurance policies.

The Child-Parent Security Act Is a Game Changer: Here's What You Need to Know

SEC Office of Compliance Inspections and Examinations has alerted investment advisers and brokerage firms to changes in Form CRS and related rules regarding information required to be provided to investors and scope of examinations to verify firms’ compliance with new rules. 

Divorce Magazine published an article by Eric I. Wrubel, Chair of the Matrimonial Department, on guidelines for addressing custody issues during the COVID-19 pandemic.

A COVID-19 outbreak at a JBS plant led to employee, Saul Sanchez contracting the virus. Wednesday, 4/15, Sanchez was laid to rest - the first to die following the outbreak. Felicia Ennis, Warshaw Burstein Employment Law Partner, will discuss how employers should be protecting workers at 2:00pm on the Law & Crime network, Youtube and Facebook’s Law & Crime page.

Real Estate and Litigation partner Maxwell Breed and associate Lisa Liu authored an Expert Analysis article in Law360 on a recent NY Court of Appeals decision that might call into question the constitutionality of key portions of the Housing Stability and Tenant Protection Act of 2019.

On April 2, amid the COVID-19 crisis, New York's Court of Appeals barred, as unconstitutional, retroactive application of certain provisions of the Housing Stability and Tenant Protection Act of 2019 — the recent overhaul of New York’s rent regulatory laws.

Law360 published an article discussing how colleges and universities should handle Title IX cases during COVID-19 authored by members of the Warshaw Burstein Title IX/College Discipline Group: Kimberly C. Lau, Litigation Partner and Chair, James Figliozzi, Counsel and Branden Lynn, Associate.

As schools across the country trade in-person instruction for online curriculums, the fate of countless student disciplinary proceedings hangs in the balance. Schools now find themselves in the unenviable position of moving their investigations and hearings online.

Update: Tax Provisions of the CARES Act

On Monday, April 13, 2020 we issued a Client Alert that addressed the interplay between the covered loan program and the payroll tax provisions of the Coronavirus Aid, Relief, and Emergency Security Act (the “CARES Act”) in which we described the CARES Act as suggesting “strongly, but not conclusively,” that deferring its deposit and payment of its share of employer payroll (i.e., social secu­r­ity) tax will not affect an employer’s right to receive a covered loan or to have that loan forgiven.

The COVID-19 pandemic motivated many to take care of their healthcare proxies and wills. By Executive Order 202.14, Governor Cuomo enables individuals to do so via Skype, Zoom and similar technologies.

On April 7, 2020, Governor Cuomo signed Executive Order 202.14 which allows wills and health care proxies to be signed in New York State using audio-video technology.  

Gotham Gazette, a publication that covers New York policy and government, ran an Opinion piece by Eric I. Wrubel, Chair of the Matrimonial Department, on the legalization of gestational surrogacy which was passed as part of the New York State Executive Budget.

The Federal Stimulus package contains provisions covering businesses with paycheck protection loans and payroll tax credits. While these seemingly complementary provisions are still be untangled, here is Warshaw Burstein’s interpretation of how these provisions will impact taxes.

A number of clients have recently asked us about the interplay between the covered loan program and the payroll tax provisions of the Coronavirus Aid, Relief, and Emergency Security Act (the “CARES Act”) and particularly whether claiming the Employee Retention Credit or deferring the payment of employer payroll taxes would affect their ability to receive covered loans and loan forgiveness under the Paycheck Protection Program.  

CARES Act Enacted April 9, 2020

New COVID-19 regulations, including work shutdown orders, have sent the construction community scrambling to get projects back on track. Max Rubin writes that contract provisions will provide the roadmap for going forward.

The ongoing COVID-19 crisis has had widespread effect and the construction industry is no exception.  Parties to construction contracts would do well to consider how current and evolving circumstances might bear on their contractual rights and obligations.

Real Estate Partner Slava Hazin offers some considerations for commercial landlords and tenants during the COVID-19 crisis

The shutdown of all “non-essential” businesses by the New York State and New York City governments due to the global coronavirus (COVID-19) pandemic has created an acute financial crisis for both commercial landlords and tenants.

Significant Tax Provisions of CARES Act

On March 27, President Trump signed into law the Coronavirus Aid, Relief, and Emergency Security Act (the “CARES Act”).  

Law360 published an Expert Analysis article by Grant R. Cornehls, Counsel in the Litigation Group, on the potential long-term effects of a March 20 Executive Order by New York State Governor Andrew Cuomo extending court deadlines as a result of the coronavirus pandemic.  

Coronavirus Alert Update: The CARES Act: What You Need To Know

Late Wednesday, the Senate unanimously approved an historic stimulus bill – the Coronavirus Aid, Relief and Economic Security Act (“CARES Act”) - to provide significant aid to the American people and businesses impacted by the coronavirus pandemic.  

The College Fix Interviews Partner Kimberly C. Lau, Chair of our Title IX/College Discipline Group about How Coronavirus is affecting Title IX cases

Higher education publication The College Fix interviewed Kimberly C. Lau, who is a pioneer of the Title IX practice area, for an article entitled "Colleges are using coronavirus to restrict how accused students can defend themselves" to find out if she is experiencing delays in how Title IX cases are being handled by colleges and universities.

Coronavirus and the Workplace Update: Key Components of Impending Federal Stimulus Package and SBA and New York City Relief for Small Business

While negotiations on a Coronavirus Federal Stimulus Package continue in the Senate, many critical components of the expected package have been made public. The current consensus is that a stimulus package will be passed this week.

The Economic Impact of The Coronavirus & How We Can Help

As many of you face economic challenges in these unprecedented times, there is relief available to help mitigate the impact of the coronavirus on your small business and your personal finances. 

Relief from Tax Deadline: New York State Update

Relief From Tax Deadlines Update

Coronavirus and the Workplace Updated: New York State Legislation Offers Paid Leave For Some Affected Employees

Federal and state legislation has now been passed to offer relief to some employees unable to work due to the 2019 novel coronavirus (COVID-19) pandemic. 

Relief From Tax Deadlines

Coronavirus and the Workplace Updated: Trump Signs Families First Coronavirus Response Act

President Donald Trump has signed the Families First Coronavirus Response Act (“FFCRA”), or H.R. 6201, which had passed the Senate on March 18, 2020 by a vote of 90 to 8. 

Coronavirus and the Workplace: Benefits and Assistance for Employees and Employers

As the coronavirus pandemic continues to evolve and government and health officials place restrictions on business operations, businesses must face difficult decisions concerning employee layoffs, reductions in work hours and business shutdowns. 

Coronavirus: A Note to Our Clients

Coronavirus in the Workplace: Five Recommendations for Employers to Consider

The rapid spread of COVID-19 has ratcheted up the pressure on employers to address concerns in the workplace.

New York Wants To Legalize Surrogacy. There Are A Lot Of Moving Parts.

Intellectual Property Cases to Watch in 2020

SEC Announces 2020 Examination Priorities

Keeping the House Post-Divorce Has Gotten More Affordable

Barry A. Klingman, Tax Partner, co-authors an in-depth article in Tax Notes International, entitled: “The Risk of Double Taxation When U.S. Taxpayers Invest in India-Focused Funds,” with Bijal Ajinkya, Partner at Khaitan & Co., a well-established, century old full service law firm with a global practice, having multiple offices in India.

SEC Proposes Update to Accredited Investor Definition