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Legal Alerts

Michigan State Court Renders First Substantive COVID-19 Decision Nationwide And It’s A Big Win For Carriers

Friday, July 3rd, 2020

The first substantive COVID-19 business interruption decision nationwide is a big win for insurance carriers. A Michigan state court holds that “direct physical loss of or damage to property” requires more than mere loss of use/access, and, as a bonus, that the virus exclusion unambiguously excludes coverage for the viral pandemic.

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Managing Conflict as a Leader

Wednesday, June 24th, 2020

The leader who recognizes the importance of conflict resolution is a leader who understands the value of building strength from within, but to do so, one needs to be aware and mindful of the conflict and the need to resolve it.

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A Whirlwind Introduction to Our New Series on Business Contracts

Wednesday, June 24th, 2020

Now more than ever, we urge our business friends and clients to take this time to reflect on how commercial activities were conducted before the pandemic in the hope of changing the way you effectively conduct business going forward, with the purpose of mitigating or at least reducing your legal risk of exposure.

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Discrimination, Harassment, and Accommodations During a Pandemic, Part 2: What Employers Should Know About the EEOC’s Latest Guidance

Thursday, June 18th, 2020

In Part 2 of this series, we will focus on the new EEOC guidance related to age, sex, and pregnancy discrimination issues that may arise as the result of the pandemic. 

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Discrimination, Harassment, and Accommodations During a Pandemic, Part 1: What Employers Should Know About the EEOC’s Latest Guidance

Tuesday, June 16th, 2020

With many regions now in Phase 3 of New York’s reopening plan, employers should be aware of potential claims they may not immediately view as COVID-19 related.

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Erie County Clerk's Office to Re-Open Under Very Limited Parameters

Saturday, June 13th, 2020

Erie County Clerk Michael P. Kearns has issued a directive opening the Erie County Clerk’s Office to title companies ONLY starting this coming Monday, June 15, 2020.

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Legislative Updates - June 2020

Thursday, June 11th, 2020

With the New York lawmakers returning to work, the NYS Legislature has been working to address a number of timely issues, including the (until recently) quickly dwindling CVA lookback window and a multi-bill package intended to reform New York's various law enforcement agencies. 

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NY Workers’ Compensation Board Issues Fact Sheet on COVID-19 Claims

Wednesday, June 10th, 2020

New York State Workers' Compensation Board (WCB) recently published a fact sheet—entitled COVID-19 & Workers’ Compensation Q&A—which suggests that many COVID-19 claims are likely to be approved.  The key take-aways from the fact sheet and best practices for employers are summarized in this alert.

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Fun in the Sun: What Employers Should Know About the Re-Opening of Outdoor Dining in NYS

Wednesday, June 10th, 2020

As of June 4, 2020, outdoor and patio dining have re-opened in WNY as part of Phase 2 of the State’s re-opening plan. How should employers go about re-opening their outdoor dining spaces, and what should they know about the NYS Department of Labor Interim Guidance on outdoor dining? 

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SECURE Act Limits “Stretch IRA” Estate Planning Opportunities

Monday, June 8th, 2020

The rules for how an IRA account balance is treated upon the death of the account owner have changed significantly, and those changes could impact many families.

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Buffalo Business First: "Interruption insurance debate may lead to consolidated litigation"

Friday, June 5th, 2020

More than 350 Business Interruption lawsuits have been filed by policy holders against insurers in response to the pandemic. Attorneys Lee S. Siegel and Ryan P. Maxwell talked to Buffalo Business First in the June 5, 2020 edition on what could happen next.

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"Excess Insurance Case Summaries" from the ABA Spring 2020 Newsletter

Friday, June 5th, 2020

Hurwitz & Fine Insurance Coverage Attorneys Dan D. Kohane, Steven E. Peiper, Agnieszka E. Wilewicz and Charles J. Englert III were featured in the American Bar Association's Tort Trial and Insurance Practice Section Spring 2020 newsletter for their excess insurance case summaries.

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PPP Changes Will Benefit Small Business Owners

Thursday, June 4th, 2020

The Paycheck Protection Program Flexibility Act of 2020 was signed into law on June 5th, making the program's lending terms more favorable to small businesses.

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With WNY Poised for Phase 2, Is Your Business Ready to Re-open?

Tuesday, June 2nd, 2020

This alert summarizes some of the key issues that businesses must consider as they make plans to reopen, including putting together a workplace safety plan.

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No Shirt, No Shoes, No Mask, No Service

Tuesday, June 2nd, 2020

Private business and store owners/operators now can use the “no mask-no entry” rule to deny individuals entry into their businesses if they have no mask on or refuse to wear a mask or other face-covering.

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U.S. DOL Simplifies Analysis of Overtime Exemption for Commissioned Sales Staff in the Service and Retail Industries

Thursday, May 28th, 2020

The Wage and Hour Division of the United States Department of Labor has issued a non-COVID-19-related final rule that service and retail industry employers should not overlook.

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Marc A. Schulz and Amber E. Storr Advance From Associates to Members

Wednesday, May 27th, 2020

Hurwitz & Fine announces attorney promotions of Marc A. Schulz and Amber E. Storr.

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Lani J. Brandon Joins Hurwitz & Fine as a Litigation Associate

Thursday, May 21st, 2020

Lani J. Brandon has joined Hurwitz & Fine as an associate in the firm’s Litigation Department, where she handles matters involving automobile liability and premises liability. 

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As OSHA Returns to Pre-COVID-19 In-Person Inspections, OSHA Says Employers Must Make Efforts to Find Out If An Employee’s COVID-19 Is Work-Related – But How?

Wednesday, May 20th, 2020

On May 19, 2020, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) announced that it is increasing in-person inspections at all types of workplaces, and it will now enforce the recordkeeping requirements for employee coronavirus illnesses for all employers.

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