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.

View a Replay of Our Webinar on Back to Business: Navigating the New Normal

We would like to extend our sincerest appreciation to anyone who attended yesterday's webinar, Back to Business: Navigating the New Normal with Felicia Ennis, Chair of our Employment Law practice, and Frederick Cummings, Jr., Chair of our Corporate Law practice and our Managing Partner. We hope that you found the webinar informative and that it provided a jumping-off point for your own reopening plan. If you should have any questions, please do not hesitate to reach out to us.  

View a replay of the webinar.  

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.  

On May 12, 2020, Employment Law partner, Felicia Ennis, spoke to a group of 100 dental practices on the steps that need to be taken in order for them to reopen their offices. The webinar, “Business Recovery from SARS-CoV2 and Planning a Business Survival Strategy in the Event of a Severe Resurgence of the Virus,” was offered for continuing education credit. If you have questions or are interested in further information about COVID-19 and workplace issues, please contact Ms. Ennis at fennis@wbny.com.  To view the webinar, click here. 

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.

Eric I. Wrubel and Sophie Jacobi-Parisi, partners in the Matrimonial Department, engaged in a robust debate about what role the court should play in custody cases during the COVID-19 pandemic on the "I Want To Put a Baby In You" podcast. 

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.

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.

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.

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.

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.  

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.  

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.

Felicia Ennis, Employment Law Partner, appeared on The Law and Crime Network and SiriusXM Radio.  

Felicia Ennis, Employment Law Partner, appeared on The Law and Crime Network on March 30, 2020 (click here to watch) and April 1, 2020 (click here to watch) to talk about employment issues since the outbreak of COVID-19. She also appeared as a guest on the Dan Abrams Show on SiriusXM on April 2, 2020.  Click here to listen.  
 

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.  

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”).  

Felicia S. Ennis, a partner in the employment group, answered viewer questions on Law and Crime Network's COVID-19 Law Q&A program hosted by Brian Ross. 

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.  

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 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.

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. 

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 Update

Relief from Tax Deadline: New York State Update

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. 

Relief From Tax Deadlines

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.