The Wilentz, Goldman & Spitzer Coronavirus (COVID-19) Response Team unites lawyers from our business and personal law practices to help you address the impact of the coronavirus on your business and life.
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The coronavirus (COVID-19) outbreak continues to escalate, causing major disruption and volatility to businesses, families, governments, markets and economies worldwide. To increase our communication and improve client outreach, we have activated the Wilentz Coronavirus Response Team and this virtual Resource Center. Use it to stay connected to us and to keep abreast of important updates, decisions and resources.
This Resource Center is organized by topical area of law to guide you as you navigate the impact of this crisis on your business and life. Contact any member of our team with concerns and questions, and sign up to receive our coronavirus-focused alerts and publications here. To see all COVID-19 legal alerts, click here.
Key Contacts : Lisa A. Gorab, Peter R. Herman
The CARES Act, signed into law by the President on March 27, 2020, includes a program to provide immediate cash flow relief to small businesses which are suffering due to the coronavirus pandemic. The relief is provided through loans intended to bridge an employer’s future, short-term cash flow demands through June 30, 2020. In return for an employer’s general continued employment of workers and sustained wage levels through the covered period (ending June 30, 2020) and compliance with expenditure rules, the loan is eligible for forgiveness.
Specifically, the Paycheck Protection Program is an approximate $350-billion federal appropriation designed to provide that cash-flow bridge. Through this program, small businesses (generally, those with no more than 500 employees) may apply for a federal loan to fund eight weeks of certain operating costs. The loans are federally guaranteed and, under certain circumstances, are eligible to be forgiven. The loans are being administered by the Small Business Administration (SBA) and will be funded by SBA certified banks.
Wilentz attorneys have reviewed the Paycheck Protection Program legislation in detail and are available to discuss how your business may qualify. We are working with many of our business clients to address their questions and explore financing possibilities for their businesses. These questions include:
- What type of loan is available under the CARES Act Paycheck Protection Program (PPP)?
- What type of company qualifies under the PPP?
- How do I apply for a PPP loan?
- What are the main differences between an SBA Economic Injury Disaster (EID) loan and a PPP loan? Can we apply for both?
- How do I know how much my company is eligible for as a loan under the CARES Act PPP loan?
- Am I or my business required to collateralize, or otherwise guaranty, a CARES Act PPP loan?
- What are the terms of loan forgiveness under PPP?
- What if all or a portion of the PPP loan is not forgiven?
- What expenditures are covered under the PPP?
Alerts and Publications:
- Eligible Employers Affected by COVID-19 Can Access Employee Retention Credit Under CARES Act (April 2, 2020)
- CARES Act Establishes a Public Health Fund for Eligible Health Care Providers (March 31, 2020)
- CARES Act Modifies the Bankruptcy Code to Provide Enhanced Debt Relief to Small Businesses (March 31, 2020)
- CARES Act Establishes the SBA’s Paycheck Protection Loan Program—A Lifeline for COVID-19 Impacted Businesses (March 30, 2020)
- Related Resources: U.S. Small Business Administration COVID-19 Guidance & Loan Resources
- CARES Act Expands Unemployment Insurance Benefits for Workers Affected by COVID-19 (March 30, 2020)
Key Contact : Tracy Armstrong
In light of the rapidly evolving coronavirus (COVID-19) outbreak, we are working with employers to help them address the challenges they are facing, especially those connected to the health and safety of their employees.
We are fielding and advising on a range of situations and challenges, including:
- Can you take employees’ temperature?
- Should you request your employees to wear face masks or other personal protective equipment?
- If your employee is out sick or caring for a family member, can the employee be paid using PTO and/or paid sick leave, temporary disability insurance or workers compensation?
- What should you tell your employees if you are forced to close or reduce hours?
- Do you have a notice obligation under the federal Worker Adjustment and Retraining Notification (WARN) Act to provide 60 days advance notice to your employees prior to a plant closing or mass layoff resulting from unforeseeable business circumstances?
- What can you do about your employees’ health insurance?
As these and other issues and concerns continue to unfold, we encourage you to check back here for COVID-19 resources and developments affecting New Jersey employers.
Alerts and Publications:
- Department of Labor Issues Temporary Paid Leave Regulation Under Families First Coronavirus Response Act (April 3, 2020)
- Eligible Employers Affected by COVID-19 Can Access Employee Retention Credit Under CARES Act (April 2, 2020)
- Small Business Exemptions Under Emergency Paid Sick Leave Act and Emergency Family and Medical Leave Expansion Act (March 31, 2020)
- CARES Act Expands Unemployment Insurance Benefits for Workers Affected by COVID-19 (March 30, 2020)
- Department of Labor Clarifies Definition of "Health Care Provider" under Families First Coronavirus Response Act (March 30, 2020)
- Employers Must Comply with WARN Acts During COVID-19 Pandemic (March 27, 2020)
- Federal Relief Available for Businesses Subject to COVID-19 Legislation (March 26, 2020)
- What Employers Should Know About the Families First Coronavirus Response Act (March 26, 2020)
- Small Business Owners May Find Financial Relief Through Coronavirus Stimulus Bill (March 26, 2020)
- OSHA Compliance Guidance for Employers During the COVID-19 Pandemic (March 25, 2020)
- Related Resource: OSHA Guidance on Preparing Workplaces for COVID-19
- Understanding Payment Calculations Under The New Federal Paid Sick Leave and FMLA (March 23, 2020)
- New Jersey and New York Limit In-Person Workforce to Essential Businesses (March 23, 2020)
- Related Resources: New Jersey Executive Order No. 107
- New Jersey Administrative Order No. 2020-5
- New York State: Governor Cuomo Issues Guidance on Essential Services Under The 'New York State on PAUSE' Executive Order
- New York State Executive Order 202.6: Request for Designation as Essential Business Form
- President Trump Signs Expanded Family and Medical Leave Act in Response to Coronavirus (March 20, 2020)
- Will Business Interruption Insurance Cover The Closure Of Your Business Due To COVID-19? (March 19, 2020)
- New Jersey Department Of Labor: COVID-19 Scenarios and Employment Benefits Available (March 18, 2020)
- Modifying Your Employees Work Schedule May Impact Their Health Insurance (March 18, 2020)
- What Is An Employer To Do About Coronavirus? (March 11, 2020)
Key Contacts : Peter A. Greenbaum, Grace D. Mack
In light of the rapidly evolving coronavirus (COVID-19) outbreak, we are working with companies to help them address the challenges they are facing, especially those connected to their continuing operations. We are fielding and advising on a range of situations and challenges, including:
- Complying with contractual obligations of the business during the pandemic
- Cash flow, liquidity and debt-related questions
- Retaining, laying off and furloughing of staff
Alerts and Publications:
- Take-Out and Delivery Limitation Does Not Relax Rules for Bars and Restaurants During COVID-19 Pandemic (April 1, 2020)
- Employers Must Comply with WARN Acts During COVID-19 Pandemic (March 27, 2020)
- Small Business Owners May Find Financial Relief Through Coronavirus Stimulus Bill (March 26, 2020)
- What Employers Should Know About the Families First Coronavirus Response Act (March 26, 2020)
- Federal Relief Available for Businesses Subject to COVID-19 Legislation (March 26, 2020)
- OSHA Compliance Guidance for Employers During the COVID-19 Pandemic (March 25, 2020)
- Understanding Payment Calculations Under The New Federal Paid Sick Leave and FMLA (March 23, 2020)
- Does the Coronavirus Excuse a Commercial Tenant's Obligation to Pay Rent? (March 23, 2020)
- President Trump Signs Expanded Family and Medical Leave Act in Response to Coronavirus (March 20, 2020)
- Will Business Interruption Insurance Cover The Closure Of Your Business Due To COVID-19? (March 19, 2020)
- COVID-19 Scenarios and Employment Benefits Available (March 18, 2020)
- What Is An Employer To Do About Coronavirus? (March 11, 2020)
Key Contacts (New Jersey): Edward T. Kole, Willard C. Shih
Key Contacts (Pennsylvania): Jonathan J. Bart, Daniel S. Bernheim, 3d
In light of the rapidly evolving coronavirus (COVID-19) outbreak, we are working with clients to help them address the challenges they are now facing on a daily basis, some of which they never imagined would ever happen.
We are fielding questions and advising on a range of situations and challenges, including:
- Are you entitled to business interruption insurance?
- Are you entitled to rent abatement, or conversely, can your tenant stop paying rent?
- How do you address defaulting on agreements?
- Any number of issues concerning work stoppage (from employment issues to addressing vendors/ creditors)
- Potential dissolution
- Partnership and shareholder disputes
Key Contacts : Peter R. Herman, David H. Stein, Anthony M. Osbourne
In light of the coronavirus (COVID-19) outbreak and governmental response pertaining to social gathering restrictions, business closures, travel bans and a general economic downturn, we are working with financial institutions and business owners to help them address the challenges in such diverse business sectors, including construction, distribution, franchises, healthcare, lodging, hospitality, manufacturing, real estate, restaurants, retail, service providers, technology and transportation.
We are fielding and advising on a wide range of situations and challenges from a lender’s and a borrower’s perspective, including:
- What type of loan is available under the CARES Act Paycheck Protection Program?
- What efforts can be taken to continue business operations and address liquidity and cash-flow issues?
- What proactive steps can be taken to right-size a business?
- Would a loan restructuring, amendment, or forbearance be the appropriate course of action?
- Does the current situation affect the collateral or security interests or the parties’ obligations under the credit facility documents?
- Is a financial restructuring option available under the auspices of Chapter 11 of the Bankruptcy Code?
- Does a borrower as a vendor or trade creditor, have rights regarding delivery of goods “in-transit” or other collection issues?
- How proactive should discussions between the lender and the borrower be?
- Which businesses have a notice obligation under the federal Worker Adjustment and Retraining Notification (WARN) Act to provide advance notice prior to a plant closing or mass layoff resulting from unforeseeable business circumstances?
Alerts and Publications:
- CARES Act Modifies the Bankruptcy Code to Provide Enhanced Debt Relief to Small Businesses (March 31, 2020)
- CARES Act Establishes the SBA’s Paycheck Protection Loan Program—A Lifeline for COVID-19 Impacted Businesses (March 30, 2020)
- NJEDA Announces Initiatives to Aid Small and Medium Sized Businesses in the Wake of the Coronavirus (March 27, 2020)
Key Contacts : Todd E. Lehder, Laurie E. Meyers
In response to the continued disruption to our commercial real estate community resulting from the coronavirus pandemic, we are advising clients with regard to the impact on existing leasing relationships, pending contracts and ongoing transactions. While many of the earliest questions were similar in nature (e.g., force majeure, business interruption, quiet enjoyment) the answers differed depending on circumstances and contract language.
We are emphasizing the need to exercise caution and where possible, encouraging patience while we monitor the effect on the economy and the response of our local, state and federal governments. The impacts of the $2 trillion dollar federal stimulus continue to work their way through the markets. While the program promises to provide much needed support for the commercial real estate industry, there is uncertainty regarding program implementation and follow through. We are mindful that the impacts of this emergency legislation on businesses and future actions before the courts could substantially change our loss mitigation strategies over coming weeks and months.
For the most part, we are experiencing cooperation and understanding in our ongoing negotiations within the real estate community. Landlords and tenants are largely cooperating as they work to restructure short term rent payments. Correspondingly, landlords and lenders are modifying loans and adjusting short term loan payment obligations. The Federal government is playing an active role in facilitating these short term adjustments by easing banking restrictions and liquidity requirements.
Since the pandemic hit US markets, commercial real estate acquisition activity has slowed. Of the transactions that are proceeding, many have been renegotiated to substantially increase approval, due diligence and closing timetables. Leasing activity reflects a similar slowdown with prospective tenant’s future needs growing increasingly uncertain. Savvy market players are already on the lookout for distressed opportunities and institutional developers and investors are strategizing how to position their portfolios for the post pandemic economy.
At Wilentz, we emphasize the need for a measured reaction to the coronavirus pandemic that factors in our current reality and strategic planning for all likely outcomes. With rent defaults growing, bank underwriting has become increasingly uncertain. However, the decline in interest rates is nevertheless a meaningful market stimulant. Those companies that can manage to take advantage of the reduced cost of capital are doing so.
Since the coronavirus impact extends beyond real estate holdings and contractual relationships, the multi-disciplinary approach at Wilentz has enabled us to provide important guidance to our real estate clients on other impacts to their business such as employment, insurance and banking. Outside of the box thinking has never been more useful, and our lawyers are helping our clients to withstand and plan for a rapidly evolving and unprecedented environment.
Alerts and Publications:
Key Contacts : Michael F. Schaff, Grace D. Mack, Peter A. Greenbaum
We are working closely with our health care clients to keep abreast of available resources affecting the delivery of medical care during this outbreak. We are providing guidance on numerous questions challenging health care professionals in their efforts to respond to their patients’ needs, including:
- How to add telemedicine to your medical practice to better serve patients during the coronavirus outbreak?
- How do the HIPAA rules impact the practice of medicine in novel ways during the coronavirus outbreak?
- What are the out-of-state licensing rules applicable to treatment during the coronavirus outbreak?
- How will Medicare and Medicaid reimburse for treatment during coronavirus outbreak? How are commercial payors reimbursing? What will patients be required to pay?
Alerts and Publications:
- To Combat the COVID-19 Pandemic, New Jersey Executive Order No. 112 Suspends Certain Restrictions Governing the Practice of Medicine (April 2, 2020)
- CMS Issues 18 Blanket Waivers To Physician Self-Referral Law During COVID-19 Pandemic (April 2, 2020)
- CARES Act Establishes a Public Health Fund for Eligible Health Care Providers (March 31, 2020)
- Department of Labor Clarifies Definition of "Health Care Provider" under Families First Coronavirus Response Act (March 30, 2020)
- CMS Expands Accelerated/Advance Payment Program to Accelerate Medicare Cash Flow to Health Care Providers (March 30, 2020)
- Elective Surgeries in New Jersey Halted Due to COVID-19 Pandemic (March 25, 2020)
- Related Resource: New Jersey Executive Order No. 109
- NJ Attorney General and NJ DCA Commissioner Issue Guidance on the New COVID-19 Laws (March 23, 2020)
- Two New Laws in New Jersey on Telehealth and Expedited Professional Licenses During COVID-19 (March 23, 2020)
- OCR Announces It Will Not Impose Penalties for HIPAA Non-Compliance for Use of Telehealth During COVID-19 Outbreak (March 18, 2020)
- COVID-19 Resources for Health Care Professionals: The Centers for Medicare & Medicaid Services (CMS) & The Centers for Disease Control and Prevention (CDC) (March 18, 2020)
- Related Resources: Centers for Medicare & Medicaid Services: Coronavirus Information and Updates
- Centers for Medicare & Medicaid Services: COVID-19 Emergency Declaration Health Care Providers Fact Sheet
- Centers for Medicare & Medicaid Services: FAQs Sheet for Patient Triage, Placement and Hospital Discharge
- Centers for Medicare & Medicaid Services: Coverage and Benefits Related to COVID-19 Fact Sheet
- Centers for Medicare & Medicaid Services: Information for Medicare Advantage Organizations and Part D Sponsors
- Medicaid.gov: Medicaid and CHIP Resources for Coronavirus Disease
- New York State Medicaid Coverage and Reimbursement Policy for Services Related to Coronavirus Disease
- Centers for Disease Control & Prevention: Situation Summary for COVID-19
- Centers for Disease Control & Prevention: Information and Guidance for Healthcare Professionals
- Centers for Disease Control & Prevention: Steps Healthcare Facilities Can Take Now to Prepare for Coronavirus Disease
- COVID-19 Resources for Health Care Professionals: Office for Civil Rights (OCR) HIPAA Guidance (March 18, 2020)
- COVID-19 Resources for Health Care Professionals: New Jersey (March 18, 2020)
- COVID-19 Resources for Health Care Professionals: New York (March 18, 2020)
- Related Resources: New York Department of Health Information on Novel Coronavirus: What You Need to Know
- New York City: Information for Providers Regarding Coronavirus (COVID-19)
- New York State Medicaid Coverage and Reimbursement Policy for Services Related to Coronavirus Disease
- Centers for Disease Control & Prevention: Healthcare Provider COVID-19 Weekly Key Updates and Q&A Video
- New Coronavirus Law Allowing Waiver of Telehealth Restrictions (March 6, 2020)
Key Contacts : Angelo J. Cifaldi, Satish V. Poondi
Operating Your Pharmacy During the Coronavirus Pandemic
In light of the rapidly evolving coronavirus (COVID-19) outbreak, we are working with pharmacies to help them address the challenges they are facing, especially those connected to their continuing operations.
We are fielding and advising on a range of situations and challenges, including:
- Requesting the Board of Pharmacy for waivers, including for remote processing and shortening hours
- Defending pharmacies alleged to be price gouging for supplies, including face masks and hand sanitizer
- Requesting extensions in ongoing audits and regulatory investigations due the pharmacies not being able to obtain data and information due to coronavirus
Resources:
Key Contact : Jo Ann Gambale
In these difficult and uncertain times, we want to let you know that we are here for our estate planning clients and are ready to address any of your concerns. In thinking about whether your current documents still meet your needs, you may wish to consider:
- Does my Power of Attorney name those persons who I want and trust to handle my finances (including check-writing) should I become too ill to handle them myself?
- Does my Health Care Power of Attorney name the person I want and trust to make health care decisions for me in the event that I am unable to make them for myself?
- Does my Living Will correctly describe my choices and intentions with respect to the implementation or withdrawal of life-sustaining measures?
- Does my Last Will and Testament name the persons I want to serve as executor and trustee (and as alternate executors and trustees) and are those persons named as beneficiaries still the persons I want to receive my estate (and in the proportions and under the terms and conditions set forth in the Will)?
- Should I give a copy of the Power of Attorney to my agent, or at least keep it handy to give to my agent should the need arise?
- Should I give a copy of my Health Care Power of Attorney and Living Will to the person I named as my health care proxy?
- Do my family members know where the original of my Will is located?
Call us with estate-related questions or concerns.
Key Contact : Joseph J. Russell, Jr.
In light of the rapidly evolving coronavirus (COVID-19) outbreak we are facing, our Family Law team is here to help answer your questions and provide legal support throughout this crisis.
We are fielding questions that include:
- How to navigate custody and parenting time plan during this time?
- Can I still get divorced during this time?
- How is the divorce process different during this time?
- What happens if I am the victim of a domestic violence incident during this time?
- How do I navigate a quarantine with my spouse?
We understand that the divorce can be emotional and difficult for many and recognize that this outbreak is likely to exacerbate divorce situations with new stressors. Call on us for assistance and be assured we will move your case forward as efficiently as possible.
Alerts and Publications:
Key Contacts : Darren M. Gelber, John E. Hogan
During this public health crisis, the attention of law enforcement authorities may be diverted, at least temporarily, from focusing on white collar investigations and prosecutions. Nevertheless, violations of law associated with the COVID-19 pandemic will not go unnoticed.
At Wilentz, we continue to help our clients address a number of new potential risks arising from this pandemic, and make adjustments to respond to changing business needs and governmentally issued and enforced restrictions now in place.
Please call any member of our criminal team with concerns or issues you may have arising from this health crisis.
Alerts and Publications:
- U.S. Office of Inspector General Issues Guidance to Health Care Community in Light of Coronavirus Pandemic (March 30, 2020)
- Legal Violations in the Aftermath of Coronavirus (March 25, 2020)
- Desperate Times Call For Desperate Measures - New Jersey Agrees to Release Hundreds of Inmates in the Wake of COVID-19 Pandemic (March 24, 2020)
