Your COVID-19 Resource Center:


Legal Updates Regarding the Coronavirus

 

Updated 5/22/20
COVID-19 Business Interruption Complaint Survey
Hurwitz & Fine’s Coverage Team has updated its survey of known COVID-19 business interruption complaints filed to date.
Updated 5/21/20
COVID-19 Business Interruption Coverage Legislative Summary
The Hurwitz & Fine Coverage Team has updated its consolidated resource document comprised of legislative summaries for all proposed state and federal legislation to date concerning COVID-19 business interruption coverage.
   
5/20/20
As OSHA Returns to Pre-COVID-19 In-Person Inspections, Employers Must Make Efforts to Find Out If An Employee’s COVID-19 Is Work-Related – But How?
On May 19, 2020, 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.
5/19/20
COVID-19 Weekly Legal Alert: Medical & Nursing Home Liability
Our latest Medical & Nursing Home Liability legal alert contains timely news on the impact of COVID-19 on medical & nursing home liability claims, including:
▶️ Statewide Survey of All Healthcare Immunity Provisions Applicable to COVID-19
▶️ New Executive Order Requires Testing For Staff and Rolls Back Admission Requirement
▶️ Insurance Brokers Looking for Solutions to the Troubled Nursing Home Market

Updated
5/19/20

NY Unveils More Details Regarding Phase 1 of Reopening: Is Your Business Included?
Hurwitz & Fine details out the businesses included in Phase 1, and the "Business Safety Precautions" plan they must to develop in order to reopen.
   
5/15/20
School’s Out for Summer: US DOL Issues New Guidance on FFCRA Childcare Leave and More
The initial flurry of requests for Families First Coronavirus Response Act (“FFCRA”) leave may have passed, but as New York businesses make plans to reopen, we are likely to see new situations where parents with school-aged children may request leave under the FFCRA. 
5/14/20
Law360: "Expert Analysis: Major Trends In COVID-19 Business Interruption Lawsuits"
In addition to compiling and updating a survey of known COVID-19 business interruption complaints filed to date, Attorneys Lee S. Siegel and Ryan P. Maxwell have published an article in Law360, which analyzes these lawsuits for trends.
5/14/20
WSHU Public Radio: "How Coronavirus Relief May Lead To Tort Reform"
Attorneys Lee S. Siegel and Joseph S. Brown were interviewed in the May 14, 2020 NPR news segment.
5/14/20
A Note From Our New
Managing Partner
We’re two months into working from home, and two weeks into our new leadership. Jody Briandi, Managing Partner, details how Hurwitz & Fine is handling the challenges and staying the course during COVID-19.
5/14/20
Update on the Courts
This update provides information on the defense of claims, filing and serving papers, pending motions, and trials during the pandemic.
5/12/20
COVID-19 Weekly Legal Alert: Medical & Nursing Home Liability
This legal alert contains timely news on the impact of COVID-19 on medical and nursing home liability claims. 
5/12/20
Finding Creative Solutions to Business Disputes During the COVID-19 Pandemic
The COVID-19 pandemic provides a unique opportunity for businesses to find creative and cost-effective solutions to their most pressing business disputes in a time of uncertainty.
5/11/20
Eviction Moratorium Extended Though August 20th – What Does That Mean For Landlords?
On May 7th, New York Governor Cuomo extended the moratorium on commercial and residential evictions due to COVID-19 related hardships by another 60 days—through August 20, 2020.
5/08/20
EEOC Issues New Return-to-Work Guidance for Employers on ADA Implications of COVID-19
The EEOC has provided updated guidance to employers on issues related to: (1) employee requests for reasonable accommodations under the Americans with Disabilities Act (“ADA”); (2) individuals at high risk for contracting COVID-19 who have not requested accommodations; and (3) potential undue burdens on employers.
5/07/20
What Happens to Your PPP Loan Forgiveness Amount if a Laid Off Employee Rejects an Offer to Rehire?
For those businesses who obtained a PPP loan, in order to have it forgiven, they may need to get their staff off unemployment and back on the payroll.  But what if a laid off employee rejects an offer to rehire?
5/07/20
Embracing Gratitude and New Opportunities in a Time of Crisis
With change comes new opportunities to best serve our clients. We have responded by creating and launching our COVID-19 Legal Response Team, which is an inter-disciplinary practice group devoted to COVID-19 liability issues.
5/07/20
Rebound Your Business: What You Should Know
Is your business ready to re-open when workplace restrictions issued in response to the COVID-19 crisis are eventually lifted? 
5/05/20
COVID-19 Weekly Legal Alert: Medical & Nursing Home Liability
The courts in New York are slowly and cautiously re-opening as limited electronic filing on pending matters were permitted as of May 4, 2020.  New lawsuits are still not permitted, and the tolling of the Statute of Limitations remains in effect and likely to be extended. 
5/05/20
City & State New York: Attorney Dan Kohane Quoted in "Should Insurance Companies Have to Cover Small Businesses’ Pandemic Losses?"
Attorney Dan Kohane questions imposing upon insurance companies an obligation to pay for claims for which they never accepted a premium in the article in the May 5, 2020 edition of City & State New York.
5/05/20
Hurwitz & Fine Resources on COVID-19 Business Interruption: Lawsuits and Legislative Summaries
As national coordinating and lead counsel for several carriers, Hurwitz & Fine is tracking legislative initiatives and the dozens of lawsuits filed by policyholders seeking Business Interruption coverage. We have highlighted a few key takeaways from these recent developments.
5/04/20
Coronavirus Leaves Child Victims Act Cases in Limbo
Advocates and attorneys have noted that it remains unclear whether NY on PAUSE applies to the Child Victims Act look-back window. Attorney Dan Kohane is quoted on how this will affect insurance companies in the May 4, 2020 edition of City & State New York.
4/30/20
Law360: Motions To Compel Video Deposition May Face Barriers In NY
Hurwitz & Fine Attorney Eric D. Andrew wrote an article for Law360 discussing this new litigation issue, in light of the coronavirus pandemic.
4/28/20
Governor Cuomo and White House Announce Initial Plans for Reopening the Economy: Is Your Business Ready?
While plans to reopen the economy are still in their earliest stages, now is the time for employers to start preparing to reopen their businesses.
4/28/20
Loan Forgiveness or Not? Pointers for PPP Utilization
Hurwitz & Fine presents a set of business/operational recommendations, which, depending on your particular situation, you may find helpful in managing your PPP loan to maximize loan forgiveness.
4/28/20
DOL Clarifies When an Employer Can Require an Employee to Use Paid Time Off Under the FFCRA
Under what circumstances may an employer require an employee to use his or her existing leave under a company policy for paid time off (PTO) and when does the choice belong to the employee under the DOL regulations? 
4/27/20
Recent Executive Orders and Immunity for Hospitals and Nursing Homes Dealing with COVID-19
Governor Cuomo and the NYS Health Department have issued several Executive Orders and Health Directives addressing the expectations of care to be provided to hospital, nursing home and assisted living facility residents, and the liability that facilities may face if they fall short in regards to COVID-19.
4/20/20
Hurwitz & Fine Resources on COVID-19 Business Interruption Lawsuits and Legislative Summaries
Hurwitz & Fine has been tracking legislative initiatives and the dozens of lawsuits that have already been filed by policyholders seeking Business Interruption coverage. 
4/20/20
EEOC Issues Updated Guidance on Return to Work Considerations under the Americans With Disabilities Act
Hurwitz & Fine discusses new issues, which have arisen as to legal questions that employers will likely face as the nation returns to “normal” business operations.
4/18/20
Buffalo Business First, "Fine print on policies has businesses, insurers and legislators in a quarrel"
Attorneys Dan D. Kohane and Lee S. Siegel were featured in the April 18, 2020 article, discussing proposed NY legislation to potentially overturn denials and pay businesses for pandemic-related losses.
4/15/20
New COVID-19 Guidance from the EEOC and OSHA on ADA Issues and Workplace Transmission Reporting
The U.S. Equal Opportunity Employment Commission (EEOC) and U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued updated guidance for employers responding to workplace COVID-19 workplace issues.
4/13/20
Changes to Medicaid Application Process in Light of COVID-19
The NYS Division of Eligibility and Marketplace Integration issued a General Information System message to all Local District Commissioners and Medicaid Directors regarding changes to the Medicaid application and recertification process in light of the COVID-19 crisis.
4/12/20
Empire State Development Issues Updated Guidance on “Essential Business”
Empire State Development recently issued updated guidance on the meaning of “Essential Businesses” in relation to Gov. Andrew Cuomo’s executive orders pertaining to the state’s response to the COVID-19 pandemic.
4/10/20
New CDC Guidance for When an Employee is Exposed to Coronavirus and Other Considerations When an Employee Refuses to Come into Work
This past week, the Center for Disease Control issued new guidelines for when an essential employer should permit a critical infrastructure employee to return to work after a coronavirus exposure. Hurwitz & Fine breaks down the new recommendations.
4/10/20
DOL Issues Temporary Regulations and Additional Guidance on the Families First Coronavirus Response Act and the Cares Act
On April 1, 2020, the U.S. Department of Labor released temporary regulations interpreting the FFCRA.

Updated 5/11/20

Helpful Links to Help You Navigate Through the Coronavirus
Hurwitz & Fine has compiled a list of resources to help you and your business during this time.
4/6/20
New York Governor Grants Immunity to Healthcare Workers Fighting COVID-19
New York Governor Andrew Cuomo issued Executive Order 202.10, suspending and modifying certain healthcare laws in New York State.
4/3/20
SBA Issues Final Interim Rule for Paycheck Protection Program
The U.S. Small Business Administration issued its Interim Final Rule for the Paycheck Protection Program (PPP). Hurwitz & Fine summarizes a few important takeaways.
4/2/20
FDCC YouTube
Attorney Dan Kohane discusses the impact of the COVID-19 outbreak on the legal industry with FDCC
3/30/20
DOL Publishes Additional Guidance on the FFCRA and the CARES Act is Signed into Law Providing Additional Relief to Small Businesses
The U.S. Department of Labor (DOL) published a third round of guidance on the Families First Coronavirus Response Act (FFCRA).
3/30/20
COVID-19: The Latest New York State Law Developments and What Employers Need to Know
Hurwitz & Fine's summary of New York State developments related to the COVID-19 crisis.
3/29/20
Critique of Assembly Bill A.10226 – The COVID-19 “Business Interruption Bill” – The Cure is Worse than the Solution
The Hurwitz & Fine, P.C. coverage team offers a critique of both the thinking behind this legislation and the bill itself, section by section.
3/27/20
Force Majeure: The Coronavirus Made Me Do It!
When uncontrollable events occur that preclude contract performance, force majeure provisions may provide an avenue to limit damages.
3/25/20
DOL Publishes Notice Poster of Employee Rights under the Families First Coronavirus Response Act and Issues New Guidance
While employers ready themselves to comply with FFCRA, which becomes effective on April 1st, there are many open questions and issues that will need to be clarified by DOL in the weeks to come.
3/24/20
After Coronavirus Crisis Passes, Lawyers Expect Financial Stress, Wider Use of Tech
Attorney Dan Kohane is quoted in the New York State Bar Association article.
3/24/20
New York Passes Paid Sick Leave Law and Takes Other Measures in Response to COVID-19 Outbreak
On March 18, 2020, Governor Cuomo signed a bill requiring sick leave for employees in New York State.
3/24/20
The EEOC Issues Coronavirus Guidance for the Workplace
The Equal Employment Opportunity Commission (EEOC) updated its guidance on the topic to expressly address COVID-19. It covers a host of questions about handling employees who have or may have been exposed to coronavirus.
3/24/20
What Employers Need to Know About the Latest Developments on Expansion of the FMLA and Paid Sick Leave Under Federal Law
On March 18, 2020, President Trump signed into law the Families First Coronavirus Response Act (the “Act”) which aims to assist employees impacted by the COVID-19 pandemic.  The Act takes effect on April 1, 2020.  The Act has two key components—expanding Family Medical Leave Act (“FMLA”) coverage and mandating paid sick leave. 
3/19/20
BREAKING: Governor Cuomo Increases Reduction in Workforce at Physical Workspace to 75% and Issues “Essential Services” Exemptions to Reduction Requirement
In response to the spread of COVID-19 in New York State, Governor Andrew Cuomo announced today that all non-essential businesses must reduce their in-person workforce by 75%.  This latest reduction, which takes effect on Friday March 20, 2020 at 8:00 p.m., is an increase from the 50% reduction of in-person workforce announced by Governor earlier in the week.
3/18/20
Hurwitz & Fine’s Response to COVID-19 for Employees and Clients
During this difficult and unprecedent time, the safety and well-being of our employees, along with the legal and business needs of our clients, are our top priorities.  We remain committed to providing our clients with the highest quality of legal services to meet their needs during this crisis and are available to assist in all ways.
3/18/20
Breaking: Governor Cuomo Mandates 50% Reduction in Workforce at Physical Workspace
Governor Cuomo mandated today that all employers must immediately reduce their workforce to 50% in the physical workspace.  To be clear, this does not mean that employers must reduce their actual workforce through layoff, rather, the other 50% of an employer’s workforce is permitted to perform work off-premises. 
3/18/20
Business First
As employers field legal questions, attorneys say communication and flexibility are key.
3/16/20
COVID-19: Employment Law Legislative Update
The U.S. House of Representatives passed the Families First Coronavirus Response (H.R. Bill 6201), sweeping legislation that will provide a myriad of emergency relief to businesses and individuals, including paid family and sick leave.  This alert briefly summarizes two key sections of this 110-page Bill that may be of interest to clients.
3/12/20
COVID-19: What Employers Need to Know About the Coronavirus
Hurwitz & Fine's update is a summary of some of the best practices for non-health care employers as well a brief discussion of employment laws implicated in responding to the latest coronavirus developments.

Hurwitz & Fine's COVID-19 Legal Response Team was created to provide legal advice and counseling our clients are seeking during this time. Our approach is an interdisciplinary model comprised of lawyers from various firm practice groups. For more information, click here.
 
For business services related concerns, please contact any of the members of our Business team:

Kevin J. Zanner
[email protected]

 

Evan Y. Bussiere
[email protected]

 

Nicholas A. Pusateri
[email protected]


 

For all your COVID-19 coverage concerns, including business interruption and first-party property issues; and general, professional, and management liability; please contact our Insurance Coverage team:

Steven E. Peiper
[email protected]

 

Dan D. Kohane

[email protected]



Lee S. Siegel
[email protected]




Brian D. Barnas

[email protected]
 

Ryan P. Maxwell
[email protected]



For employer related concerns, please contact any of the members of our Labor & Employment team:

Ann E. Evanko
[email protected]

 

Andrea Schillaci
[email protected]

 

Joseph S. Brown
[email protected]

 

Amber E. Storr
[email protected]

 

Katherine L. Wood
[email protected]


 

For hospital & nursing home liability related concerns, please contact any of the members of our Medical Malpractice & Nursing Home Liability team:

V. Christopher Potenza
[email protected]

 

Patrick B. Curran
[email protected]


 

Stephanie L. McCance
[email protected]