Publications

Coronavirus (COVID-19) Resource Center

August 1, 2022

At Patterson Belknap we continue to diligently monitor the outbreak of the COVID-19 coronavirus and assess the potential legal and business issues that may arise relating to the virus.  The situation is fluid, and best practices and guidelines are evolving in real time.  We are closely monitoring the situation as it unfolds, and share our latest perspectives on the legal issues relating to COVID-19 below.

Corporate

Paycheck Protection Program Act Update: Consolidated Appropriations Act, 2021 (January 5, 2021)

SEC Allows Electronic Signatures (December 3, 2020)

Paycheck Protection Program Act Updates (July 6, 2020)

Paycheck Protection Program Flexibility Act and Updates on Foreign Affiliates and Loan Forgiveness (June 8, 2020)

CARES Act: Paycheck Protection Program Loan Forgiveness Application Released (May 22, 2020)

CARES Act: Paycheck Protection Program Guidance Updated (May 15, 2020)

CARES Act: Additional Guidance on the Paycheck Protection Program (May 8, 2020)

CARES Act: Paycheck Protection Program (PPP) Additional Guidance and Additional Funds (April 24, 2020)

The Federal Reserve’s COVID-19 Economic Relief Programs (April 10, 2020)

CARES Act: Paycheck Protection Program (PPP) FAQs (April 7, 2020)

CARES Act Benefits Explained: Key Provisions for Businesses and Nonprofit Organizations (April 3, 2020)

Employment Law

EEOC Updates Workplace Guidance on COVID-19 Testing (August 1, 2022)

The Activation of Exposure Prevention Plans Under the NY HERO Act Has Ended (March 22, 2022)

Supreme Court Rejects OSHA Mandate (January 19, 2022)

End of Year Update (December 29, 2021)

Take 2: OSHA Vaccine or Testing Mandate Back in Effect (December 21, 2021)

New York City Issues Guidance on Vaccine Mandate for Private Employers (December 16, 2021)

Governor Hochul Issues Mask or Vaccine Mandate to New York Businesses (December 10, 2021)

New York City Announces Vaccine Mandate for All Private Employers and Additional Expansions to Current Rules (December 6, 2021)

New York City Health Commissioner Issues Omicron Variant Masking Advisory (December 3, 2021)

OSHA’s COVID-19 Vaccination Mandate: What This Means for Your Workplace (November 5, 2021)

New York Requires Employers to Implement Airborne Infection Diseases Exposure Prevention Plans Under the NY HERO Act (September 8, 2021)

New York Releases New Guidance on Implementation of the HERO Act (July 9, 2021)

New York Lifts Most Statewide COVID-19 Restrictions (June 21, 2021)

New Federal and State Guidance Regarding Vaccinated Employees (May 20, 2021)

New York Imposes New Workplace Safety Measures with Passage of the HERO Act (May 7, 2021)

The EEOC Has Announced a New Deadline for Employers to Submit Workplace Diversity Data (April 2, 2021)

American Rescue Plan: FFCRA Leave and Expansion of Pandemic Unemployment Assistance (March 22,2021)

New York Employees Now Entitled to Paid Leave for COVID-19 Vaccination (March 18, 2021)

New York State Issues New Guidance Clarifying Eligibility for COVID-19 Leave (February 2, 2021)

Stimulus Legislation Allows Temporary Changes to Health and Dependent Care Flexible Spending Account Plan Rules (January 4, 2021)

The EEOC Issues Clarifying Guidance about COVID-19 Vaccines in the Workplace (December 22, 2020)

Amendments to the New York City Earned Safe and Sick Time Act (October 28, 2020)

Department of Labor Announces Proposed Regulations Regarding Worker Classification Under the FLSA (September 29, 2020)

Reminder to New York Employers: Sick-Leave Law Compliant Policy due September 30, 2020 (September 17, 2020)

DOL Issues Revised Regulations on COVID-19-Related Leave Under the FFCRA (September 15, 2020)

Department of Labor Issues Additional Guidance on COVID-19-Related Leave Based on School Reopening (September 8, 2020)

Federal Judge in SDNY Strikes Down Key Limitations on Leave Under the FFCRA (August 5, 2020)

Department of Labor Issues New Guidance, Including Much Needed Guidance on Telework (July 28, 2020)

Update on New York State’s COVID-19 Sick Leave: Employees Who Engage in Non-Essential Travel to High Risk States Are Ineligible (July 2, 2020)

The Legal and Practical Considerations of Re-Opening Workplaces in the COVID-19 Era: Part Two – Legal Considerations, FAQS, and Best Practices (June 2, 2020)

The Legal and Practical Considerations of Re-Opening Workplaces in the COVID-19 Era: Part One – Practical Considerations (June 1, 2020)

EEOC Issues Guidance on the Permissibility of Mandatory COVID-19 Testing in the Workplace (May 4, 2020)

CARES Act: Unemployment Relief (May 4, 2020)

COVID-19 Update: Additional Guidance and Developments for Employers (April 20, 2020)

New York Statewide Paid Sick Leave is Here to Stay (April 13, 2020)

Documentation Requirements for COVID-19-Related Leave (April 3, 2020)

Update on Federal Requirements for COVID-19 Related Leave: DOL Guidance and Model Notice (March 30, 2020)

Federal WARN and NYS Mini-WARN: Obligations for Employers in Light of COVID-19 (March 27, 2020)

COVID-19 Reporting and Privacy Issues (March 26, 2020)

New York State's New COVID-19 Sick Leave (March 21, 2020)

Mandatory Non-Essential Business In-Person Workforce Reductions (March 21, 2020)

Coronavirus-Related Leave:  Employers Required to Provide Paid Sick and Child-Care Leave (March 19, 2020)

New York Employer Tips for Responding to the Coronavirus (March 3, 2020)

Business Reorganization & Creditors’ Rights

COVID-19 Related Updates to Bankruptcy Courtroom Policies and Procedures (September 25, 2020)

Tenants in Bankruptcy: Landlord’s Ability to Draw on Letter of Credit May Turn on Notice Requirements in Lease (July 2, 2020)

The Impact of the CARES Act on US Consumers, Small Businesses, Bankruptcy and Insolvency Laws and Procedures (May 18, 2020)

Retail Apocalypse 2.0: The Fallout from the Coronavirus Will Present New Challenges to an Already Reeling Sector of the Economy (April 23, 2020)

Uncertainty in the Pipeline: Energy Companies Navigate COVID-19 (April 14, 2020)

Bankruptcy Considerations in Light of COVID-19 Pandemic (April 7, 2020)

Troubled Waters: The Cruise Line Industry May Face an Uncertain Future (March 18, 2020)

Employee Benefits & Executive Compensation

Reminder: Notices Required For the End of COBRA Premium Assistance (August 16, 2021)

IRS Publishes Detailed Guidance Relating to ARPA COBRA Premium Assistance (June 4, 2021)

American Rescue Plan Act: New Guidance on COBRA Premium Assistance (April 15, 2021)

IRS Guidance: COVID-19 PPE May be Eligible to be Reimbursed from Health FSAs, HRAs, and HSAs (April 1, 2021)

American Rescue Plan Act: COBRA Premium Subsidies and Increased Limits for Dependent Care Benefits (March 19, 2021)

Stimulus Legislation Allows Temporary Changes to Health and Dependent Care Flexible Spending Account Plan Rules (January 4, 2021)

COVID-19 Update: IRS Issues Guidance on Coronavirus-Related Distributions and Plan Loans Under the CARES Act (June 24, 2020)

COVID-19 Update: New Retirement Plan Guidance on Electronic Notarization (June 18, 2020)

COVID-19 Update: New Section 125 Cafeteria Plan Relief and Guidance (May 15, 2020)

COVID-19 Update: Additional Relief from the DOL for Employers During the Pandemic Outbreak Period (May 6, 2020)

COVID-19 Update: IRS and DOL Extend COBRA and Other Benefit Plan Deadlines During the Pandemic Outbreak Period (May 5, 2020)

COVID-19: IRS Provides Additional Relief for Time-Sensitive Actions Relating to Employee Benefit Plans (April 14, 2020)

CARES Act Update – Employee Benefit Plans and Arrangements – Part 2 (March 30, 2020)

CARES Act - Retirement Plan Provisions for Employers and Plan Administrators (March 27, 2020)

False Advertising

Liability Immunity Under The PREP Act: A Potent New Defense Against COVID-Related False Advertising Claims (May 21, 2020)

Federal Agencies Crack Down on Coronavirus Advertising (April 3, 2020)

Intellectual Property

FDA Issues Updated Guidance on Emergency Use Authorization for COVID-19 Vaccines (October 14, 2020)

PTO Announces Deferred Fees for COVID-19 Applications Under New Program (September 22, 2020)

The FDA Regulatory Landscape for COVID-19 Treatments and Vaccines (Updated) (September 17, 2020)

FDA Releases Industry Guidance on Development and Licensure of COVID-19 Vaccines (July 17, 2020)

Litigation

Chief Judge Provides Update on NYC Civil Jury Trials (October 22, 2020)

Commercial Division Considers Effects of COVID Executive Orders on Use and Occupancy Payments for Real Estate (September 28, 2020)

New Oral Argument Protocol at the First Department (August 18, 2020)

The Commission to Reimagine the Future of New York’s Courts Releases Goals for Restarting in-Person Juries (August 12, 2020)

Second Department to Allow Virtual Option for Oral Arguments (August 11, 2020)

INSIGHT: Implications of Covid-19 for Catastrophe Bond Litigation (July 17, 2020)

COVID-19 Business Interruption Coverage – Chief Roadblocks And Potential Paths To Coverage For Commercial Losses In New York (July 16, 2020)

Business Interruption Recovery in New York—Two Cases Might Help (July 6, 2020)

Virtual Court May Be the New Normal in New York City, At Least For Now (June 22, 2020)

Chief Judge DiFiore Announces Expanded In-Person Court Services in Five Upstate Regions (June 17, 2020)

Gov. Cuomo Tolls Procedural Laws Including Statutes of Limitations (June 9, 2020)

Presiding Justices of the Appellate Division Participate in Virtual Town Hall (June 9, 2020)

Five Upstate Judicial Districts Begin Phase II of In-Person Court Operations (June 4, 2020)

Updates on COVID-19’s Impact on Commercial Appeals (May 29, 2020)

New York State Courts Begin Reopening Process As Some Upstate Regions Meet Initial State Reopening Criteria (May 27, 2020)

E-Filing of New, Non-Essential Matters to Resume (May 21, 2020)

Commercial Division Justices Discuss Litigating During COVID-19 (May 18, 2020)

Phase One Re-Opening of In-Person Court Operations (May 15, 2020)

New York Courts Expand Virtual Operations Amid COVID-19 Emergency (May 4, 2020)

Webinar: COVID-19’s Impact on Commercial Transactions and Disputes (April 17, 2020)

Chief Judges Announce Plan for Virtual Court Proceedings and Resumption of Non-Essential Matters in the Commercial Division and Other Courts (Updated) (April 10, 2020)

COVID-19’s Impact on Commercial Transactions and Disputes (March 23, 2020)

COVID-19’s Effect on the New York Commercial Division (March 16, 2020)

Privacy & Data Security

Ransomware Attacks During COVID-19 (September 3, 2020)

COVID-19 Cyber Risks Continue to Grow (May 12, 2020)

Privacy Suits Against Zoom and Houseparty Test the CCPA’s Private Right of Action (April 28, 2020)

New York SHIELD Act in Full Effect During COVID-19 Crisis (April 24, 2020)

Governmental Organizations Across the Globe Warn of Enhanced Cyber Threat Environment Related to COVID-19 (April 8, 2020)

COVID-19 Cybersecurity Threats Spiral as Businesses Implement Prophylactic Security Measures (April 1, 2020)

HIPAA Regulator Relaxes Enforcement for Telehealth Services During the COVID-19 Crisis (April 1, 2020)

Consumer Reports Opposes Efforts to Delay CCPA Enforcement Due to COVID-19 (March 25, 2020)

Industry Groups Request Delay in CCPA Enforcement Due to COVID-19 (March 24, 2020)

DFS Extends Cybersecurity Certification Deadline to June 1, 2020 (March 23, 2020)

Cyber Risk and COVID-19: Practical Guidance for Secure Remote Working (March 19, 2020)

Products Liability

HHS Broadens Scope of PREP Act Immunity for Individuals and Entities Fighting COVID-19 (December 4, 2020)

FDA Releases COVID-19 Vaccine Guidance for Industry (July 8, 2020)

HHS Amends Tort Immunity Declaration Under the PREP Act to Clarify that Immunity Extents to Products that “Limit the Harm” COVID-19 “Might Otherwise Cause” (June 16, 2020)

HHS Issues Advisory Opinion Further Clarifying Scope of PREP Act Immunity (April 22, 2020)

HHS Provides Limited Tort Immunity to Companies Providing Pandemic Response Countermeasures under the PREP Act (March 24, 2020)

Real Estate

COVID-19: Issues Impacting Commercial Leases (March 23, 2020)

Tax

Employee Retention Credit Further Expanded by the American Rescue Plan Act (March 24, 2021)

Cross-Border Tax-Related COVID-19 Relief (May 6, 2020)

Tax-Exempt Organizations

Paycheck Protection Program Flexibility Act and Updates on Foreign Affiliates and Loan Forgiveness (June 8, 2020)

CARES Act: Paycheck Protection Program Loan Forgiveness Application Released (May 22, 2020)

CARES Act: Paycheck Protection Program Guidance Updated (May 15, 2020)

CARES Act: Additional Guidance on the Paycheck Protection Program (May 8, 2020)

CARES Act: Paycheck Protection Program (PPP) Additional Guidance and Additional Funds (April 24, 2020)

Nonprofits Take on the COVID-19 Crisis: Federal and New York Filing Extensions for Nonprofits (April 15, 2020)

The Federal Reserve’s COVID-19 Economic Relief Programs (April 10, 2020)

CARES Act: Paycheck Protection Program (PPP) FAQs (April 7, 2020)

CARES Act Benefits Explained: Key Provisions for Businesses and Nonprofit Organizations (April 3, 2020)

Nonprofits Take on the COVID-19 Crisis: Enhanced Deductibility Benefit for Large Cash Gifts to Charity and for Non-Itemizers (March 31, 2020)

Nonprofits Take on the COVID-19 Crisis: Starting a New Charitable Organization (March 27, 2020)

Nonprofits Take on the COVID-19 Crisis: Employer-Provided Disaster Relief (March 24, 2020)

Nonprofits Take on the COVID-19 Crisis: A Primer on Disaster Relief (March 23, 2020)

Trusts & Estates

Perspective and Planning During Uncertainty (March 11, 2020)

White Collar Defense & Investigations

INSIGHT: CARES Act Creates New Treasury IG, Ups Enforcement Ante (April 8, 2020)