Coronavirus Legal Response Team & Resource Center

The CARES Act, signed into law by the President on March 27, 2020, included a program to provide immediate cash flow relief to small businesses which are suffering due to the coronavirus pandemic (the “Paycheck Protection Program”).  The relief was provided through loans intended to bridge an employer’s future, short-term cash flow demands through June 30, 2020, which has been extended to December 31, 2020 following the June 5^th passage of the Paycheck Protection Flexibility Act (“PPP Flexibility Act”).  In return for an employer’s general continued employment of workers and sustained wage levels through the covered period (the earlier of 24 weeks from loan origination or December 31, 2020) and compliance with the updated expenditure rules, the loan is eligible for forgiveness.

The Paycheck Protection Program is an approximate $659 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 between eight and twenty four 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 funded by SBA certified lenders.

Wilentz attorneys have reviewed the Paycheck Protection Program legislation, the PPP Flexibility Act, and the updates and related guidance from the IRS and the SBA 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, including:

• During which period of time must I use my Paycheck Protection Loan (PPP) in order to qualify for forgiveness?
• What is the result to the Borrower if less than 60% of the Borrower’s PPP loan proceeds are used for payroll costs?
• What is the impact to forgiveness if a Borrower finds that an employee is either unable or unwilling to return to work? 
• Is a Borrower able to terminate employees for cause during the covered period without reducing forgiveness?  What if the Borrower chooses not to, or is unable to, replace such employees?
• When must a Borrower apply to their lender for forgiveness?
• For PPP loan amounts that are not forgiven, what are the repayment terms a Borrower can expect?
• Can a Borrower defer repayment of PPP loan amounts that are not forgiven?
• Can a Borrower defer its employer portion of payroll taxes even if the Borrower has received partial or full forgiveness of a PPP loan?

Alerts and Publications:

• Additional Provider Relief Fund Distributions Announced by HHS to Eligible Medicaid & CHIP Providers (June 11, 2020)
• Paycheck Protection Program Flexibility Act Extends Loan Forgiveness Period and Additional Benefits (June 5, 2020)
• Reminder: Employers have Obligations for Paycheck Protection Program Loan Forgiveness (June 3, 2020)
• Additional Guidance Now Available Concerning Paycheck Protection Program Loan Forgiveness (May 27, 2020)
• Health and Human Services Extends Deadline for Return of Provider Relief Funds by 45 Days (May 26, 2020)
• SBA Releases Paycheck Protection Program Loan Forgiveness Application and Instructions (May 16, 2020)
• PPP Loan Repayment “Safe Harbor” Clarified and Deadline Extended to May 18 (May 13, 2020)
• Employer FAQ: Will PPP Loan Forgiveness Be Reduced if an Employee Declines to Return to Work? (May 12, 2020)
• Employer FAQ: Can PPP Loan Funds Be Applied to Pay Employees Under Families First Coronavirus Response Act (May 8, 2020)
• An Alternative for Employers to Reducing the Workforce: New Jersey’s Shared Work Program (May 6, 2020)
• Paycheck Protection Program Loan Repayment “Safe Harbor” Extended to May 14 (May 6, 2020)
• Paycheck Protection Program Loan Forgiveness Now Conditioned on SBA Review (May 4, 2020)
• Limitations Imposed on Paycheck Protection Program Loans for Related Entities (May 1, 2020)
• Health and Human Services Announces Distribution Process for Second Tranche of Relief Fund Payments to Healthcare Providers under the CARES Act Provider Relief Fund (April 27, 2020)
• Additional Paycheck Protection Program Funding Approved by Congress, Awaiting President’s Signature (April 23, 2020)
• Additional Paycheck Protection Program Funding Imminent (April 22, 2020)
• Paycheck Protection Program Reporting Best Practices (April 17, 2020)
• CARES Act Provider Relief Fund Distributes $30 Billion to Eligible Healthcare Providers for COVID-19 Expenses and Patient Testing and Treatment (April 10, 2020)
• CARES Act Offers Eligible Employers Employee Retention Tax Credits and Social Security Tax Deferrals (April 9, 2020)
• Unemployment Benefits Now Available for Self-Employed Workers Under the CARES Act (April 6, 2020)
• 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 Expands Unemployment Insurance Benefits for Workers Affected by COVID-19 (March 30, 2020)
• CARES Act Establishes the SBA’s Paycheck Protection Loan Program—A Lifeline for COVID-19 Impacted Businesses (March 30, 2020)

In light of the rapidly evolving coronavirus (COVID-19) outbreak, we are working with employers to help them address new challenges they are facing, especially those connected to the health and safety of their employees, restarting their operations, and navigating a new, rapidly evolving regulatory landscape.

We are fielding and advising on a range of situations and challenges, including:

• Should employers test for COVID-19?
• What steps should an employer take if an employee tests positive for COVID-19?
• How do employers bring workers back safely?
• What options are available for reducing the workforce?
• As an employer, am I eligible for tax credits or social security tax deferral?
• What policies should be adopted and communicated to comply with new coronavirus-related reforms?
• If your employee is out sick or caring for a family member, can and how does the employee get paid and must the employer hold the employee’s job?
• 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 legislation continues to be issued and these and other concerns continue to unfold, we encourage you to subscribe to our legal alerts to get new notifications sent directly to your inbox. If you have a pressing concern, contact Tracy Armstrong.

Alerts and Publications:

• EEOC Issues Guidance that Employers May Not Require COVID-19 Antibody Tests of its Employees (June 19, 2020)
• Employer Update: Another Employment Law Poster that You Must Display! (June 12, 2020)
• Employers Now Permitted to Pay Bonuses to Employees on Fluctuating Workweeks (June 8, 2020)
• Reminder: Employers have Obligations for Paycheck Protection Program Loan Forgiveness (June 3, 2020)
• Employers May Shorten “Interactive Process” Concerning Accommodation Requests by Employees with Disabilities During the Public Health Crisis (June 1, 2020)
• Employer Update: Does Your Policy (and Handbook) Comply with the Expanded Coverage of the New Jersey Family Leave Law? (May 15, 2020)
• Employer FAQ: Will PPP Loan Forgiveness Be Reduced if an Employee Declines to Return to Work? (May 12, 2020)
• CDC Issues Updated COVID-19 Guidance for Employers (May 10, 2020)
• Employer FAQ: Can PPP Loan Funds Be Applied to Pay Employees Under Families First Coronavirus Response Act (May 8, 2020)
• An Alternative for Employers to Reducing the Workforce: New Jersey’s Shared Work Program (May 6, 2020)
• Public Schools and Approved Private School for Students with Disabilities Now Authorized to Provide Remote or Virtual Instruction During Health Emergency (April 28, 2020)
• Employers May Test Employees for COVID-19 According to New Guidance from EEOC (April 27, 2020)
• New Jersey Family Leave Act Expands Job Protection During Health Emergencies (April 24, 2020)
• Employers Update: DOL Announces Stay Period for Families First Coronavirus Response Act Violations has Ended (April 20, 2020)
• Guidance for Employers Concerning Employees Returning to Work After COVID-19 (April 17, 2020)
• Steps an Employer Should Take if an Employee Tests Positive for COVID-19 (April 16, 2020)
• New Jersey’s Mini-WARN Act Modified in Response to COVID-19 Pandemic (April 16, 2020)
• An Employer's Guide to Reporting Cases of COVID-19 in the Workplace (April 14, 2020)
• CARES Act Offers Eligible Employers Employee Retention Tax Credits and Social Security Tax Deferrals (April 9, 2020)
• Eligibility for Payroll Tax Credit Under Families First Coronavirus Response Act: A Checklist for Employers (April 7, 2020)
• Guidance for Employers Concerning Control and Prevention of Coronavirus in the Workplace Issued by Occupational Safety and Health Administration (April 7, 2020)
• Unemployment Benefits Now Available for Self-Employed Workers Under the CARES Act (April 6, 2020)
• 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)
• COVID-19 Scenarios and Employment Benefits Available - Updated (April 1, 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)
• 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)
• 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)
• What Is An Employer To Do About Coronavirus? (March 11, 2020)

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
• Managing cash flow, liquidity and debt-related questions
• Retaining, laying off and furloughing of staff
• Applying for, and complying with the requirements of, Federal and State loan and grant programs, including obtaining loan forgiveness under the Payroll Protection Program
• Applying health care guidance to employment-related questions, such as how do employers bring workers back safely and steps an employer should take if an employee tests positive for COVID-19
• Re-opening businesses in compliance with various mandates

Wilentz’s multi-disciplinary approach enables our attorneys to provide guidance to our clients on all areas of law, including employment, insurance, litigation, real estate and banking. Similarly, Wilentz attorneys pride themselves in staying current on all relevant Federal and State Executive Orders and Guidances.

Alerts and Publications:

• Paycheck Protection Program Flexibility Act Extends Loan Forgiveness Period and Additional Benefits (June 5, 2020)
• Additional Guidance Now Available Concerning Paycheck Protection Program Loan Forgiveness (May 27, 2020)
• New Law Allows Delivery of Liquor by the Drink in New Jersey During State of Emergency (May 19, 2020)
• SBA Releases Paycheck Protection Program Loan Forgiveness Application and Instructions (May 16, 2020)
• PPP Loan Repayment “Safe Harbor” Clarified and Deadline Extended to May 18 (May 13, 2020)
• Paycheck Protection Program Loan Forgiveness Now Conditioned on SBA Review (May 4, 2020)
• Application of Business Interruption Insurance Due to COVID-19 Shutdown: Is Legislative Help on the Way? (May 1, 2020)
• Limitations Imposed on Paycheck Protection Program Loans for Related Entities (May 1, 2020)
• Additional Paycheck Protection Program Funding Approved by Congress, Awaiting President’s Signature (April 23, 2020)
• Additional Paycheck Protection Program Funding Imminent (April 22, 2020)
• Paycheck Protection Program Reporting Best Practices (April 17, 2020)
• 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)

We are working closely with our healthcare clients to keep abreast of available resources affecting the delivery of medical care during this outbreak. We are providing guidance on numerous questions challenging healthcare professionals in their efforts to respond to their patients’ needs, including:

• What are the requirements and legal concerns for re-opening my practice?
• How to provide telemedicine to 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 the coronavirus outbreak? How are commercial payors reimbursing? What will patients be required to pay?
• What funding sources are available to healthcare providers affected by COVID-19?
• What are the requirements for compliance with the HHS Provider Relief Fund Terms and Conditions?
• How do the OIG waivers available during COVID-19 affect my practice?
• What are the restrictions for providing elective surgeries?

Alerts and Publications:

• Additional Provider Relief Fund Distributions Announced by HHS to Eligible Medicaid & CHIP Providers (June 11, 2020)
• Health and Human Services Extends Deadline for Return of Provider Relief Funds by 45 Days (May 26, 2020)
• Medical, Dental and Other Healthcare Office Practices May Resume Services During Current State of Emergency by Following Mandatory Policies Set Forth Under Administrative Order No. 2020-07 (May 22, 2020)
• New Jersey Department of Health Issues Guidelines for Hospitals and Ambulatory Surgery Centers to Resume Elective Surgeries and Invasive Procedures During Health Emergency (May 20, 2020)
• New Jersey Executive Order 145 Allows Elective Surgeries and Invasive Procedures to Resume in New Jersey on May 26, 2020 (May 16, 2020)
• Health and Human Services Announces Distribution Process for Second Tranche of Relief Fund Payments to Healthcare Providers under the CARES Act Provider Relief Fund (April 27, 2020)
• Foreign Physicians May Apply for New Jersey DCA Temporary Emergency License to Administer Care During Pandemic (April 21, 2020)
• NJ Recognizes Alternative Treatment Centers as 'Essential' Businesses, New Jersey Law Journal (April 15, 2020)
• CARES Act Provider Relief Fund Distributes $30 Billion to Eligible Healthcare Providers for COVID-19 Expenses and Patient Testing and Treatment (April 10, 2020)
• 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)
• 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)
• 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)
• New Coronavirus Law Allowing Waiver of Telehealth Restrictions (March 6, 2020)

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

Alerts and Publications:

• Flattening the COVID-19 Approval Delay Curve: Public Hearings in a Socially Distanced Virtual Universe (May 13, 2020)
• Application of Business Interruption Insurance Due to COVID-19 Shutdown: Is Legislative Help on the Way? (May 1, 2020)
• Governor Phil Murphy Issues Executive Order 122, Imposing Restrictions on Manufacturing, Warehousing and Construction Businesses During COVID-19 Public Health Emergency (April 9, 2020)

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 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:

• SBA Releases Paycheck Protection Program Loan Forgiveness Application and Instructions (May 16, 2020)
• The Department of Banking and Insurance Orders Insurers to Refund Premiums for New Jersey Policyholders Affected by COVID-19 (May 13, 2020)
• Additional Paycheck Protection Program Funding Approved by Congress, Awaiting President’s Signature (April 23, 2020)
• Additional Paycheck Protection Program Funding Imminent (April 22, 2020)
• Paycheck Protection Program Reporting Best Practices (April 17, 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)
• NJEDA Announces Initiatives to Aid Small and Medium Sized Businesses in the Wake of the Coronavirus (March 27, 2020)

In response to the continued disruption to the economy and the commercial real estate market resulting from the coronavirus pandemic, we are advising clients concerning 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) recent questions have become more varied as businesses face complex decisions as they make plans to return to work. 

We are still emphasizing the need to exercise caution as our clients plan for a partially reopened economy and the prospects of a potential resurgence of the coronavirus.  The response of our local, state and federal governments to the pandemic and its economic impact is ongoing and we are mindful that future government actions could influence loss mitigation strategies. 

We are mostly experiencing cooperation and understanding in our ongoing negotiations on behalf of clients.  Landlords and tenants are working together to restructure short and medium term rent obligations based on the new economic realities.  In the majority of cases, both landlords and tenants accept the need to find mutually acceptable compromises that both respect existing obligations and permit businesses affected by the coronavirus pandemic to recover. 

When the pandemic hit US markets, economic uncertainty caused commercial real estate acquisition activity to slow.  Generally speaking, transactions that are proceeding include extended timetables for due diligence, approvals and the closing of title.  With plans for restarting the economy at the forefront of everyone’s minds, transactional and banking activity has seen an uptick.  New leasing activity tracks this trend, however, modifications continue to be a focus for landlords and tenants bound by existing leases.

At Wilentz, we emphasize the need for a measured reaction to the coronavirus pandemic that factors in our current reality and strategic planning for the future.  Regardless of where our clients fit into the commercial real estate community, thoughtful planning and preparation is essential and we will continue to work one-on-one with our clients to anticipate and plan for the future.

Since the coronavirus impact extends beyond real estate holdings and contractual relationships, our multi-disciplinary approach 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 needed more, and our lawyers are helping our clients to withstand and plan for a rapidly evolving and unprecedented environment.

Alerts and Publications:

• Governor Phil Murphy Issues Executive Order 142 Permitting “Non-Essential Construction” To Resume (May 14, 2020)
• Flattening the COVID-19 Approval Delay Curve: Public Hearings in a Socially Distanced Virtual Universe (May 13, 2020)
• Governor Phil Murphy Issues Executive Order 128, Authorizing Application of Security Deposit Funds as Rent Payment (April 30, 2020)
• NAIOP NJ Webinar: Commercial Real Estate Legal Issues During the COVID-19 Crisis, Presented by David Gordon (April 27, 2020)
• The Department of Community Affairs Adds Requirement to Executive Order 122 Mandating that Parties Responsible for Construction Projects Demonstrate to the Municipality that the Construction is “Essential” (April 17, 2020)
• Governor Phil Murphy Issues Executive Order 122 Restraining All “Non-Essential Construction” During COVID-19 Public Health Emergency (April 9, 2020)
• Does the Coronavirus Excuse a Commercial Tenant's Obligation to Pay Rent? (March 23, 2020)

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

Alerts and Publications:

• Drug Enforcement Administration Issues Guidance for Physicians and Pharmacists Concerning Dispensing Schedule II Controlled Substances During COVID-19 Pandemic (April 6, 2020)

Resources:

• State of New Jersey: AG Grewal on Price-Gouging: Stop, or Face Consequences (March 17, 2020)
• New Jersey Office of the Attorney General: Guidance for the Pharmacy Community Regarding COVID-19 (March 13, 2020)

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. 

Alerts & Publications:

• Trusts & Estates During COVID-19 (April 15, 2020)

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:

• Negotiating Parenting Time During the Coronavirus Pandemic: A Checklist (March 24, 2020)

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)