When the COVID-19 pandemic caught the world by surprise, Cozen O’Connor mobilized quickly to anticipate the needs of our clients. With a multidisciplinary team of more than 80 professionals across the firm’s various offices focusing on the unique and dynamic legal and business challenges the pandemic presented, Cozen O’Connor established itself as a trailblazer in a time of widespread uncertainty.
Our team produced hundreds of client advisories and other materials to help clients navigate the pandemic, and spent countless hours providing advice and counsel to clients facing some of their toughest challenges to date. We continue to assist clients with the full spectrum of issues related to COVID-19, including those involving business continuity, contract cancellations and modifications, employment issues and policies, health care and data privacy, insurance coverage, liability, lending and bridge financing, consumer protection, public company disclosure requirements, resource repurposing, zoning and real estate, stimulus funding, and sector-specific legislative developments.
While the darkest days of the pandemic are behind us, many organizations are still reeling. As long as pandemic-related issues persist, Cozen O’Connor’s COVID-19 team is here to help.
May 03, 2023
In today's new episode, I am joined by current EEOC Commissioner and Vice Chair Jocelyn Samuels to get some insight on a wide-range of topics, including public perception of the EEOC; the likely impact of pending Supreme Court decisions on religious accommodation and diversity/equity/inclusion...
March 27, 2023
COVID-19 business interruption claimants have had few state appellate court decisions upon which to rely. Louisiana produced one such decision in Cajun Conti, LLC v. Certain Underwriters at Lloyd’s, 2022 La. App. LEXIS 939 (La. App. 4 Cir., June 15, 2022). The insurer prevailed in the trial court...
November 09, 2022
The TSA has extended the requirement for all nonimmigrant foreign nationals to present proof of being fully vaccinated prior to entering the United States.
November 02, 2022
The FAA will not extend its COVID-19 related relief policy for U.S. slot-controlled & FAA-designated International Air Transport Association Level 2 airports.
September 19, 2022
There is a clear nationwide trend of federal courts disposing of COVID-19 business interruption suits. Insureds are not clearing their initial burden to establish direct physical loss or damage to property, or they are running afoul of virus and contamination exclusions. Relatively few state...
September 06, 2022
Today's new episode discusses what you may have missed during the Summer of 2022, including COVID-19 and Monkeypox updates, unlawful dress codes, an ADA first, and brand new guidance from the EEOC and DOL.
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August 22, 2022
Fran Rayer discusses certain flexibilities with respect to various petitions filed with USCIS and the possibility of USCIS extending these flexibilities indefinitely.
July 28, 2022
The recently released spring rulemaking agenda reflected a September 2022 target for a permanent COVID-19 rule for healthcare workers. Although the spring rulemaking agenda outlines a non-binding schedule, Assistant Secretary of Labor for Occupational Safety and Health Doug Parker has confirmed...
June 27, 2022
A recent New Jersey Appellate Division ruling follows the general trend nationally in which courts are, by and large, rejecting insureds’ claims for coverage for business income losses due to government orders related to preventing the spread of Covid-19. While there have been certain outliers,...
April 08, 2022
Covid-19 may cause businesses to be unable to use their property, but loss of use doesn’t constitute the “direct physical loss or damage” necessary to trigger commercial property insurance coverage, according to a first-of-its kind New York appellate court decision issued Thursday....
April 06, 2022
It’s been two years since COVID-19 not only radically changed our daily lives but altered how recovery professionals approach litigating claims. Yes, two years have passed! In the first few months of the pandemic, courts, litigators and recovery professionals quickly adapted to use readily...
February 01, 2022
Daniel Johns authored an article about how the rise of virtual workplaces during the COVID-19 pandemic has led to confusion for labor arbitrators who need to determine liability for off-duty misconduct.
January 28, 2022
Current EEOC Commissioner Andrea Lucas joins me on the podcast today to talk about public perception of the EEOC, responding to employee religious accommodation requests, combating anti-semitism in the workplace, Covid-19 as a "disability," the benefits of mentorship, and what we can expect in...
January 20, 2022
As office vacancies remain at record levels in D.C., and even leased buildings continue to remain largely empty thanks to COVID, the city is looking to find ways to incentivize conversion of older commercial buildings (office, hotel, or retail) to residential use. The Office of the Deputy Mayor for...
January 19, 2022
The Second Circuit has now joined the Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, and Eleventh Circuits in holding that no insurance coverage exists for business interruption losses caused by the Covid-19 pandemic and the associated government orders. In 10012 Holdings Inc. v. Sentinel Insurance...
Anne Greene, John Ho, and Jim Sullivan discuss the Supreme Court decision to allow the CMS vaccine directive to go forward.
January 14, 2022
Yesterday afternoon, the U.S. Supreme Court re-issued a stay prohibiting the federal government (OSHA) from enforcing its ETS that required large employers to either mandate COVID-19 vaccines or weekly testing. Today's new episode discusses the Supreme Court's decision and the impact on...
January 12, 2022
James Sullivan authored an article about if an unvaccinated employee is a “direct threat” to the health and safety of themselves or others in the workplace.
January 07, 2022
The Fifth Circuit Court of Appeals has joined seven other Circuits in finding no coverage for COVID-19 business interruption claims. In Terry Black’s Barbecue, L.L.C. v. State Auto. Mut. Ins. Co., 2022 U.S. App. LEXIS 287 (5th Cir. Jan. 5, 2022) and Aggie Invs., L.L.C. v. Continental Cas. Co.,...
December 30, 2021
On December 27, OSHA announced it is allowing its ETS for healthcare facilities to sunset but that it would continue to work expeditiously to promulgate a permanent standard for coronavirus-related hazards. In its statement, OSHA formally withdrew the non-recordkeeping portions of the ETS,...
December 21, 2021
At least five Circuit Courts of Appeal have now come out in favor of insurers in COVID-19 business interruption lawsuits. The latest is the Seventh Circuit Court of Appeals in Sandy Point Dental, P.C. v. Cincinnati Ins. Co., 2021 U.S. App. LEXIS 36399 (7th Cir. Dec. 9, 2021). The Court in Sandy...
December 18, 2021
Last night, the Sixth Circuit lifted the Fifth Circuit’s national stay on OSHA’s general duty COVID ETS. Shortly thereafter, OSHA issued information to employers stating it would exercise enforcement discretion and not issue citations for noncompliance with any ETS requirement before January 10,...
December 16, 2021
To state the obvious, the pandemic has resulted in completely unexpected change across the country in so many ways. OSHA’s visibility and role are probably one of the most significant changes to any federal agency. Prior to the pandemic, most businesses outside of specific industries like...
December 09, 2021
John Ho, Janice Agresti, and Jim Sullivan discuss Mayor de Blasio's expansion to the “Key to New York City” program.
December 08, 2021
Larry Prosen discusses recent how the DOJ is auditing, investigating, and, where appropriate, prosecuting PPP recipients who broke the rules
December 01, 2021
Today we have insights from Norm Keith , a management-side employment and labor lawyer for KPMG.
The COVID-19 pandemic continues with over 5.1 million deaths worldwide and over 29,000 in Canada.  Tens of thousands of workers have contracted the deadly virus at work and filed workers’...
November 18, 2021
California has been a hotbed of litigation regarding COVID-19 business interruption claims. The vast majority of the trial courts have held in favor of insurers and against businesses. Now, the California Court of Appeal has weighed in. In a published decision, The Inns by the Sea v. California...
Scott Bettridge authored an article about the United States reopening its border to international travelers from 33 countries including Brazil, Canada, Mexico, the U.K. and the European Schengen area (EU) and with this new proclamation has implemented a global vaccination requirement for all adult foreign national air travelers pursuant to CDC-specific regulations.
November 15, 2021
John Ho and Jim Sullivan discuss the Fifth Circuit's stay of OSHA's ETS and what happens next.
Ed Langhammer, John Ho, and Jim Sullivan discuss Cal/OSHA agenda item “Proposed Emergency Safety Orders for Adoption,” and how California employers can weigh in on how these regulations will impact them.
November 09, 2021
In March 2020, Mudpie Inc.—a San Francisco children’s store—ceased operations when California Governor Gavin Newsom ordered all “non-essential” businesses to close due to the COVID-19 pandemic. Because of the shut-down, Mudpie sought coverage for loss of “business income” and “extra expense” under...
November 08, 2021
In today's new episode, I break down the primary obligations under OSHA's new ETS on mandatory vaccination and testing, provide an update on current legal challenges, and suggest what employers should be doing right now.
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November 05, 2021
OSHA’s long-awaited general industry COVID-19 emergency temporary standard (“ETS”) was officially published today and became effective immediately for employers in those states without “state OSHA” plans. However, employers covered by federal OSHA still have until December 5, 2021, to comply with...
November 02, 2021
An insurer has won the first jury trial on coverage for Covid-19 business interruption losses after a federal jury in the Western District of Missouri issued a verdict in favor of The Cincinnati Insurance Company in K.C. Hopps Ltd. v. Cincinnati Insurance Co., Case No. 4:20-cv-437 (W.D. Mo. 2021)....
October 29, 2021
Daniel Johns authored an article discussing labor law considerations surrounding the COVID-19 vaccine mandates in the workplace.
October 28, 2021
Fran Rayer and Beth Olivera discuss President Biden's proclamation lifting travel restrictions on people traveling from Brazil, China, India, Iran, Ireland, the Schengen Area, South Africa, and the United Kingdom.
Jonathon Foglia and Rachel Welford discuss the president's proclamation and the CDC's orders that impose additional restrictions and documentary requirements on airlines and other air operators, passengers, and crew members to combat the spread of the virus that causes COVID-19.
October 27, 2021
Janice Agresti discusses the EEOC's guidance for employers when an employee requests a religious exemption from the COVID-19 vaccination.
October 25, 2021
In today's episode, I am joined by Dr. Christina Carson-Sacco, the co-founder of The Center for Neuropsychology and Counseling, to talk about the impact that the COVID-19 pandemic has had on the mental health of employers and employees, and how all of us can better promote mental health moving...
October 19, 2021
Beth Olivera and Fran Rayer discuss Biden's easing of travel restrictions on all fully vaccinated international travelers.
September 24, 2021
Jim Sullivan authored an article detailing that six of just nine emergency temporary standards issued by OSHA since the 1970s have been challenged in courts, and only one has been upheld.
September 16, 2021
Matt Howell and Bob Magovern discuss what Biden's September 9, 2021, executive order means for federal contractors.
September 14, 2021
In today's new episode, we address President Biden's new directive that OSHA issue an Emergency Temporary Standard (ETS) requiring employers with 100 or more employees to mandate vaccines or weekly testing. We also look at the import of New York State finally designating COVID-19 as a "highly...
September 10, 2021
On September 9, 2021, the Department of Labor announced plans to issue an emergency temporary standard (“ETS”) requiring employers with more than 100 employees to ensure that every employee is fully vaccinated against COVID-19 or tests negative every week. Although neither the White House nor the...
September 08, 2021
Debra Friedman authored an article about OSHA's latest COVID-19 guidance for non-health care employers and employees and how it is causing employers to reevaluate their return-to-work policies and procedures.
September 01, 2021
In the second federal appellate ruling on Covid-19 business losses, the Eleventh Circuit has joined the Eighth Circuit in holding that they do not trigger coverage because they do not involve “physical loss” or “physical damage” to property. In Gilreath Family & Cosmetic Dentistry Inc. v....
August 27, 2021
On today's episode (our 100th!), I talk about the latest developments with COVID-19 vaccines and mandatory vaccine policies, and am joined by my Cozen O'Connor colleague John Carrigan to discuss what California and other bellwether states are doing on the vaccine issue.
July 19, 2021
David P. Zambito and Jonathan P. Nase discuss the PUC's various orders gradually ending the emergency measures it took in response to the COVID-19 pandemic.
July 07, 2021
While a uniform federal privacy law in the United States continues to be an uncertain prospect overshadowed by other national priorities such as infrastructure and COVID relief, state legislatures have pushed forward with their own privacy regimes, resulting in an increasing patchwork of laws...
July 06, 2021
Alycen A. Moss and Elliot Kerzner discuss the Eighth Circuit's decision in Oral Surgeons, P.C. v. The Cincinnati Insurance Company.
June 16, 2021
Dave Barron discusses new OSHA guidance for vaccinated workers.
June 11, 2021
On May 26, 2021, we told our readers that we thought that although an “emergency” no longer existed about OSHA’s need to regulate employers’ handling of the COVID-19 virus, OSHA would nonetheless still issue an emergency temporary standard (ETS) due to immense political pressure on the Department...
June 07, 2021
In light of recent guidance issued by the Center for Disease Control and the EEOC, we have updated our Return to Work Checklist.
June 01, 2021
Right at the start of the Memorial Day weekend, the EEOC issued new guidance on COVID-19 vaccine policies and incentive programs. Today's episode breaks down the Commission's answers to key questions and what it all means for employers.
Download this episode....
May 26, 2021
The one question on everyone’s mind is when, if ever, will
employers learn whether OSHA will actually issue the COVID-19 Emergency
Temporary Standard (“ETS”) that OSHA delivered to the White House’s Office of
Management and Budget’s (“OMB”) Office of Information and Regulatory Affairs
May 19, 2021
Every business in the United States has been asking itself
these past few days whether to drop any requirements it may have for visitors
or employees to wear face masks since the CDC changed its COVID-19 guidance
related to masks and physical distancing for individuals who are fully
May 17, 2021
In today's new episode, I talk about social media and schools (and what that means for employers generally), spousal claims against employers for getting COVID-19 at home, the withdrawal of the independent contractor rule, the new New York HERO Act, and what the CDC just did to eliminate...
May 14, 2021
John Ho, Jim Sullivan, and Anne Greene discuss New York's HERO Act and what employers should do now to comply.
May 10, 2021
On May 5, 2021, Governor Cuomo of New York signed the New York Health and Essential Rights Act (the “Act”) into law which amends the New York Labor Law. The Act creates occupational safety and health standards in the private sector for all airborne infectious diseases, including but not limited to...
May 04, 2021
Steve Katkov and Amy Katz discuss the CFPB interim final rule and First Amendment challenges to the CDC moratorium currently pending.
April 28, 2021
April 26, OSHA sent its COVID-19 emergency temporary standard (ETS) to the
Office of Management and Budget’s Office of Information and Regulatory Affairs
(OIRA) for review. OIRA is the regulatory “gatekeeper” that is required, under
various executive orders, to review proposed rules from...
April 19, 2021
The past several weeks have seen significant action from the major federal agencies involved with employment law: EEOC, NLRB, DOL, and OSHA. In today's new episode, I will highlight the direction these agencies seem to be taking and am joined by Jim Sullivan, my colleague and former Chairman of the...
April 16, 2021
Southern District of New York recently held that a contamination exclusion was
ambiguous in the context of Covid-19-related business interruption losses.
Accordingly, the court held that the issue was inappropriate to decide at the
summary judgment stage and denied both parties’ cross-motions...
April 15, 2021
Both federal and state OSHA regulators
have been regularly citing employers for failure to comply with their
respective respiratory protection standards in connection with COVID-19
inspections and these citations have not been restricted to the healthcare industry.
OSHA's Respiratory Protection...
April 09, 2021
Robert Kaplan discusses the DOL's three model notices employers are required to send to qualified beneficiaries.
April 08, 2021
2022 AG Elections
County District Attorney Launches Bid for Wisconsin Attorney General
Fond du Lac County DA Eric Toney announced his candidacy for the Republican nomination in the 2022 race for the Wisconsin AG’s office, currently held by Democratic AG Josh Kaul.
Toney was first elected to...
On January 21, 2021, President Biden signed an executive order directing OSHA to consider issuing an Emergency Temporary Standard (“ETS”) related to COVID-19. If the ETS is deemed necessary, the executive order instructed OSHA to issue it by March 15, 2021. Now, nearly three and a half weeks past...
March 31, 2021
John Carrigan, Jr. wrote an article about the COVID-19 vaccine and employers looking to a vaccine as a way to keep their workforce and customers safe may face an uphill battle.
March 29, 2021
Nicole Perkin and Elena Hillman discuss SB 95, which continues and expands the requirements for COVID-19-related sick pay as mandated previously by the federal FFCRA and California’s AB 1867, both of which expired on December 31, 2020.
March 26, 2021
Jamie Ansorge, Rose Christ, and Michael Bain discuss how the American Rescue Plan will impact New York City and state, as well as small businesses and nonprofits.
The Paycheck Protection Program is scheduled to expire March 31, 2021. However, the program still has a large amount of unspent money, and there is still considerable support for the program in Congress.
March 23, 2021
Jump to a topic:
Healthy Workplace Strategies Employer Considerations Questions that Employers should ExpectADA and Title VII of the Civil Rights Act of 1964
California employers who are considering implementing policies for employee vaccinations in their workplaces face uncertainty. They...
March 18, 2021
Attorneys General Testify in House Hearing on Big Tech and Competition
On March 18, 2021, Colorado AG Phil Weiser and Nebraska AG Doug Peterson testified before the Subcommittee on Antitrust, Commercial, and Administrative Law of the House’s Committee on the Judiciary in a hearing...
March 15, 2021
David P. Zambito and Jonathan P. Nase discuss the additional steps toward returning to pre-COVID-19 pandemic procedures for collecting amounts due for public utility service in Pennsylvania.
Rachel Welford and Katie Sobotta discuss the American Rescue Plan Act of 2021 that provides much-needed relief to airlines for the continuation of employee wages, salaries, and benefits.
March 12, 2021
Robert Kaplan, Matt Clyde, and Lynn Brehm discuss the American Rescue Plan Act of 2021 and how it affects employee benefit plans and publicly traded companies’ tax deductions for executive compensation.
March 11, 2021
2022 AG Elections
Kansas Attorney General Eyes Governor’s Mansion
Kansas AG Derek Schmidt announced his candidacy for the Republican nomination for Governor in 2022.
Schmidt, who first assumed the AG’s office in 2011, is the first Republican to announce his candidacy to unseat Democratic...
March 04, 2021
Cozen in the News
Meghan Stoppel, Former Nebraska Consumer Protection Division Chief, Joins State Attorneys General Group
Former Nebraska Consumer Protection Division Chief Meghan Stoppel joined Cozen O’Connor’s State AG Group as a Member. She is a Certified Information Privacy...
March 03, 2021
after President Biden took office, he signed an Executive Order directing OSHA
to, among other things, determine whether emergency temporary standards (ETS)
on COVID-19 are necessary; and if so, to issue them by March 15, 2021. Former
Secretary of Labor Eugene Scalia repeatedly stated an...
February 25, 2021
2022 AG Elections
Republican Candidate Seeks 2022 Rematch Against Minnesota’s Incumbent Attorney General
Doug Wardlow, general counsel for My Pillow, Inc. and a former state representative, has announced he will again seek the Republican nomination for Minnesota AG.
If he were to receive...
Fran Rayer and Elizabeth Olivera discuss DHS's and ICE's new flexibility policy when it comes to in-person verification of identity and employment eligibility documentation for Form I-9
February 18, 2021
Cozen in the News
Cozen O’Connor State AG Group Attorneys Discuss Workplace Enforcement Priorities and Regulatory Risks
Cozen O’Connor State AG Group members Maria Colsey Heard and Ann-Marie Luciano published an article in Bloomberg Law in which they discussed how state attorneys general are...
Today's episode is the second of my two-part conversation with EEOC Commissioner Keith Sonderling (Part 1 released yesterday), who discusses the EEOC's enforcement priorities, the increase in use of guidance and opinion letters, hot 2021 topics (including Covid-19), and outreach and litigation...
February 17, 2021
Today's episode is the first of a two-part conversation with EEOC Commissioner Keith Sonderling, who discusses the EEOC's enforcement priorities, the increase in use of guidance and opinion letters, hot 2021 topics (including Covid-19), and outreach and litigation avoidance resources for both...
Joseph Hill, Michael Henlon, and Brianna Westbrooks discuss legislation introduced in Philadelphia City Council that would significantly expand required paid sick leave for individuals at companies with more than 50 employees.
Rachel Collins-Clarke and Calli Padilla discuss the government's government enforcement of abuse of the CARES Act, PPP, or Economic Aid Act.
February 12, 2021
Steve Katkov and Joel Nesset discuss provisions in the Consolidated Appropriations Act that narrowly target companies to assist those that have filed for protection under the U.S. Bankruptcy Code by temporarily modifying the rules governing a tenant’s performance under its leases.
February 09, 2021
Leni Cummins and Jennifer Miller discuss what boards of coops and condos need to consider when implementing a vaccination policy for their buildings now that vaccines are becoming more available.
February 04, 2021
In today's episode, I am joined by my Cozen colleague and the Chair of our OSHA Practice Group, John Ho, to talk about the new guidance (finally?) issued by OSHA on the Covid-19 pandemic. What did the guidance say? What did it not say?
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Cozen in the News
Cozen O’Connor’s State Attorneys General Practice Co-Chairs Quoted in Article About HHS Secretary Nominee
Bernie Nash and Lori Kalani, Co-Chairs of Cozen O’Connor’s State Attorneys General Practice, are quoted in a Healthcare Dive article discussing the expectations for...
February 01, 2021
Almost immediately after taking office, President Biden issued an Executive Order requiring OSHA to publish revised COVID-19 guidance for employers, among other things. This past Friday, OSHA published such revised guidance which can be found here....
Beth Olivera and Fran Rayer discuss USCIS decision to extend deadlines for responding to specific requests from the agency. USCIS will consider a response to the qualifying requests and notices timely filed if they are received within 60 calendar days after the response due date set on the request or notice.
January 22, 2021
David Barron, John Carrigan, Jr., Arielle Eisenberg, Aaron Holt, and Nandini Sane designed a guide on how employers can handle the COVID-19 vaccination for their employees. The most important question right now for Human Resources professionals is vaccination and more specifically, how to implement...
Steve Dickinson, Bob Magovern, and James Van Orden discuss the SBA's interim final rule governing forgiveness of PPP loans and the new versions of the three forgiveness application forms, including a streamlined form for loans up to $150,000.
Steve Dickinson, Robert Magovern, and James Van Orden discuss key provisions to the Consolidated Appropriations Act, which revived the original Paycheck Protection Program (PPP), with some modifications, in part two of a two-part article in Law360.
January 21, 2021
State AGs in the News
Alaska Governor Nominates Acting Attorney General to Be Attorney General
Alaska Governor Mike Dunleavy nominated acting Alaska AG Clyde “Ed” Sniffen for the AG position. The nomination must be confirmed by the Alaska Legislature.
As previously reported, Acting AG...
Steve Dickinson, Robert Magovern, and James Van Orden discuss the omnibus budget act that reinstituted the Paycheck Protection Program (PPP) in part one of a two part article in Law360.
January 20, 2021
David Barron, John Carrigan, Jr., Arielle Eisenberg, Aaron Holt, and Nandini Sane designed a guide on how employers can handle the COVID-19 vaccination for their employees.
January 15, 2021
Rachel Welford and Kathryn Sobotta discuss the CDC's new notice and order requiring pre-departure negative COVID-19 tests from all U.S.-bound passengers traveling by aircraft from any foreign country.
January 14, 2021
We are ten months into this pandemic, and many employees
continue to work remotely with no end in sight. Indeed, recent surveys show
that a sizeable number of employees prefer remote work and hope to continue working
remotely even after the pandemic ends. This reality is causing many employers
January 08, 2021
Steve Dickinson, James Van Orden, and Bob Magovern discuss the Paycheck Protection Program startup and highlights key provisions of the two new implementing rules.
January 07, 2021
Google Is in the Crosshairs of Two Multistate Antitrust Suits
Two groups of AGs filed antitrust lawsuits against Google LLC (“Google”).
A group of seven Republican AGs, led by Texas AG Ken Paxton, sued Google over allegations that it violated the Sherman Act and state antitrust...
January 04, 2021
Covid-19 has caused trillions in business losses. Whether
those losses are covered by commercial property insurance is an existential
issue for both policyholders and insurers. But before that legal battle, the
battlefield must be chosen. Do these coverage suits belong in federal or state
December 28, 2020
James Van Orden, Robert Magovern, and Steven Dickinson outline the changes made to the PPP in the omnibus budget signed by President Trump this weekend.
December 18, 2020
As the new year rolls in, the COVID-19 vaccine is on everyone’s mind. The Pfizer vaccine has officially been distributed throughout the United States (albeit through a more limited Emergency Use Authorization process) and rumors are circulating that the FDA will approve the Moderna vaccine any day...
December 17, 2020
Defunct Travel Agency To Refund Travelers Who Paid Twice for Their Lodgings
Massachusetts AG Maura Healey reached a settlement with online travel agency BookIt Operating LLC d/b/a BookIt.com and its CEO (collectively “BookIt”) to resolve allegations that it knowingly collected money...
Prior to the advent of social media, employers were generally comfortable drawing a bright line between what employees did on their own time and workplace misconduct. Those bygone times, however, have been replaced by a modern era wherein employers are forced to apply employment laws created before...
Peter Ennis discusses the ordinance signed by Mayor Bill Peduto covering employers with 50 or more employees and requiring them to provide paid time off for employees working in the city who miss work due to reasons related to COVID-19.
December 16, 2020
Shortly after this morning's episode on mandatory vaccines (episode IV-83), the EEOC issued its long-awaited guidance on mandatory Covid-19 vaccine policies. This new episode discussed the EEOC's latest guidance and what employers should be thinking about now.
Download this episode....
In today's episode, I am joined by my Cozen O'Connor colleagues David Barron and Howard Schweitzer to discuss the latest political and employment law implications of employers requiring employees to get the Covid-19 vaccine.
Download this episode....
December 14, 2020
December 04, 2020
Heidi Schwartz and Joe Bright co-authored an article in Bloomberg Tax addressing the reporting challenges and potential tax bills confronting employers whose employees are working from home in jurisdictions outside of the employer’s workplace during the COVID-19 pandemic.
December 03, 2020
Cozen In The News
Cozen O’Connor Member Jerry Kilgore Recognized for Contributions to NAAG
Earlier this week, former Virginia Attorney General and Cozen O’Connor member, Jerry Kilgore, was recognized amongst his peers during the Society of Attorneys General Emeritus (“SAGE”) Business Meeting...
Steve Dickinson discusses Forms 3509 and 3510 and how the SBA announcements will use them to review all PPP loans of $2 million or more with regard to necessity.
November 23, 2020
With a new administration on the horizon, it seems likely OSHA may revisit whether it will issue emergency COVID-19 regulations, something Secretary of Labor Scalia has repeatedly stated is not necessary despite heavy criticism by worker advocate groups. Indeed, many states have or will be...
November 19, 2020
2020 AG Elections
Just Called: Incumbent Attorney General Wins Second Term in North Carolina
North Carolina AG Josh Stein (D) won reelection in a closely watched race over Jim O’Neill (R) by a margin of 51% to 49.9%.
AG Stein, first elected in 2016, will serve his second term in office....
November 12, 2020
2020 AG Elections
New Leadership Team at the Republican Attorneys General Association
The Republican Attorneys General Association (“RAGA”) announced the election of the leadership team for its Executive Committee for 2021, which will be led by Chairman Georgia AG Chris Carr, Vice-Chairman...
November 10, 2020
of 2020, international and national events
triggered an immediate and emergent need for
employers to transition their entire work force to working remotely. The World
Health Organization officially declared the novel coronavirus outbreak a
pandemic on March 11 and President Donald Trump...
November 09, 2020
One subject that has not received a lot of attention relating to COVID-19 requirements for employers is the obligation to make and preserve certain records. Depending on what the record is, and who is making it, these mandates will require employers to maintain records for longer periods of time...
November 05, 2020
The COVID-19 pandemic has forced many companies to switch to a remote workforce. This rapid shift has reshaped the landscape of the American workforce, and will likely have far-reaching consequences. Although for many employers, remote working is just a temporary response to the global pandemic,...
October 30, 2020
Leni Cummins and Jen Miller discuss New York City's authorization to reopen indoor pools.
October 29, 2020
A Preview of How the Presidential Election Will Influence the Agendas of State Attorneys General
Cozen O’Connor’s State Attorneys General Practice Member Sean Riley penned an alert analyzing the effect of the presidential election on state AGs’ agenda.
In the alert, Riley lays...
October 27, 2020
Ira Bodenstein and David R. Doyle discuss options for businesses impacted by COVID-19 that are considering winding down or reorganizing.
October 23, 2020
A trial level court in North
Carolina recently found coverage under first-party property insurance policies
for the insured restaurants’ COVID-19-related business income losses. In North
State Deli, LLC et al. v. Cincinnati Ins. Co., et al., Case No.
20-CVS-02569 in the General Court of Justice,...
October 20, 2020
Steve Haas discusses recent guidance regarding the suspension of the 7.5 percent air transportation federal excise tax and how it may impact your travel plans in 2021.
October 19, 2020
Stephen Miller wrote an article discussing the impact of the COVID-19 pandemic has had on college athletics and the future of the NCAA.
David P. Zambito and Jonathan P. Nase discuss Chairman Gladys Brown Dutrieuille's modifications to the emergency order.
October 15, 2020
Insurance claims arising out of COVID-19-related commercial losses have been hotly contested, and lawsuits have been filed across the country by policyholders seeking coverage for lost business income. These claims typically raise similar coverage questions – whether the spread of a virus could...
October 08, 2020
NAAG: Airline Industry Customers Deserve Stronger Consumer Protections
The National Association of Attorneys General (“NAAG”) sent a letter to congressional leaders urging Congress to strengthen consumer protections for airline industry customers.
The letter, signed by a bipartisan...
October 07, 2020
Daniel Johns wrote an article discussing the risk of union organizing that employers may face at the end of the COVID-19 pandemic.
Rebecca Eschen discusses why deed-in-a-box transactions are particularly well-suited for the COVID-era economic instability.
October 01, 2020
AG Coalitions Tackle PPP, Price Gouging Concerns
Eighteen Democratic AGs, led by Illinois AG Kwame Raoul, sent a comment letter to the Small Business Administration (“SBA”) opposing the SBA’s proposed rule governing the appeals process for Paycheck Protection Program (“PPP”) loans,...
September 30, 2020
Rachel Welford discusses the bipartisan bill that would require TSA to conduct temperature checks on all passengers and other individuals seeking entry to an airport’s sterile area.
September 28, 2020
If the COVID-19 pandemic was
not already difficult enough on the D.C. real estate development community,
recent proposed legislation by the D.C. Council might make developing
condominiums in the city more challenging.
On September 17, 2020, the D.C. Council’s Committee on
September 25, 2020
Dr. Robert Redfield, the Director of the Centers for Disease
Control and Prevention, said during his testimony before a Senate subcommittee on
September 16 that wearing face masks may be more effective than a vaccine at
protecting against COVID-19. What is surprising is the authority tasked
September 23, 2020
Elena Hillam and Austin Dieter discuss AB 685, signed by Governor Newsom, implementing new reporting and notice requirements and granting Cal OSHA additional powers following employee exposure to COVID-19 in the workplace.
Elena Hillman and Austin Dieter discuss SB 1159, signed into law by Governor Newsom, expanding access to workers’ compensation and making it easier for first responders, health care workers, and other workers who test positive for COVID-19 due to an outbreak.
September 22, 2020
As COVID-19-related closures are likely to continue into 2021, the
Zoning Commission (Commission) recently took emergency proposed action to further
clarify the rules and procedures for virtual meetings and hearings. The text
amendment applies to Commission and Board of Zoning Adjustment...
September 21, 2020
OSHA practitioners who have handled citations involving fatalities or severe injuries are most likely no strangers to considering how these citations including the alleged violation description might affect collateral litigation such as wrongful death actions or tort claims. Indeed, collateral...
September 17, 2020
2022 AG Elections
Challenger Takes on Texas Incumbent Attorney General
Joe Jaworski, former Mayor of Galveston Texas, announced his intention to seek the Democratic nomination for Texas AG to challenge Republican incumbent AG Ken Paxton in the 2022 election.
For more AG election news,...
George Voegele discusses the city of Philadlelphia's new ordinance that makes two weeks of paid sick leave available to thousands of Philadelphia workers impacted by COVID-19.
September 15, 2020
Bethany Vasquez, Elena Hillman, and Austin Dieter discuss Assembly Bill 1867, requiring large employers to provide COVID-19 related supplemental paid sick leave to their California employees.
September 10, 2020
2021 AG Elections
Virginia Incumbent Attorney General Seeks Reelection, Skips Governor’s Race
Virginia AG Mark Herring reportedly will seek a third term as AG and not run for governor as previously reported.
As previously reported, AG Herring will face Norfolk, Virginia, Delegate Jay Jones...
September 03, 2020
Senior Living Facilities Warned Against Charging Potentially Illegal COVID-19 Fees
Michigan AG Dana Nessel sent cease and desist letters to senior living facilities owner CSIG Holding Co. LLC, management company Senior Village Management LLC, and 11 facilities under their ownership...
Leni Cummins and Jennifer Miller discuss what condo and coop boards need to know before reopening gyms and fitness centers.
September 01, 2020
The latest projections estimate that nearly 300,000
Americans will die from COVID-19 by the end of 2020. Many of those individuals
will be employed when they contract the virus, and a significant number will be
workers in front line businesses such as retail, manufacturing, or healthcare,
Gregory Eisenstark and Michael J. Connolly discuss the voluntary moratorium on utility shut-offs for non-payment of bills that Gov. Murphy extended to October 15, 2020. The moratorium applies to electric, gas, water, and wastewater utilities regulated by the New Jersey Board of Public Utilities.
August 31, 2020
Marcia Mulkey and Evan Preminger discuss the EPA's emergency exemption to the state of Texas to permit the use of a chemical disinfectant product that claims to effectively kill viruses on surfaces for up to seven days after application.
August 28, 2020
David P. Zambito and Jonathan P. Nase discuss the PUC's postponement of its motion addressing termination of the moratorium so the commission would have more time to evaluate comments that had been filed with the PUC.
August 27, 2020
Attorneys General Are Vigilant About Pandemic-Related Price Gouging and Illegal Balance Billing
Pennsylvania AG Josh Shapiro sued online seller M & B Multi Services Inc. and its owner (collectively “M&B”) for allegedly gouging the price of hand sanitizer in violation of the...
August 25, 2020
James Davis and Heidi Schwartz discuss Governor Wolf's COVID-19-related relief programs that includes legalizing recreational marijuana to fund portions of the programs.
August 21, 2020
Leni Cummins and Jennifer Miller discuss the conflicting guidance regarding opening indoor pools in New York City.
August 20, 2020
The Eleventh Circuit has provided some clarity to Florida businesses and their insurers dealing with COVID-19 claims. In Mama Jo’s Inc., d.b.a. Berries v. Sparta Ins. Co., No. 18-12887 (11th Cir. March 18, 2020), the Court held that a restaurant’s lost income and extra cleaning costs due to nearby...
August 13, 2020
Outsourcing on the Upswing
In an era where lawyers and law firms seek to run “lean” as a way of
keeping costs down, outsourcing legal and nonlegal services once performed
in-house by law firms can be a wise financial move. The advent of COVID-19 has
accelerated consideration of outsourcing...
Paying 4X for Eggs? New York Attorney General Alleges Price Gouging in Lawsuit Against Egg Producer
New York AG Letitia James sued egg producer and wholesale distributor Hillandale Farms Corp. and related entities (collectively “Hillandale Farms”) for allegedly gouging the prices...
On April 20,
2020, two policyholders involved in Covid-19 class action suits filed the first
motion with the Judicial Panel on Multidistrict Litigation (MDL) asking for the
transfer and coordination or consolidation of two class actions suits filed in
the U.S. District Court for the Eastern...
August 06, 2020
Bipartisan Group of Attorneys General Seeks to Expand Production of Antiviral Drug
A bipartisan group of 34 AGs, led by California AG Xavier Becerra and Louisiana AG Jeff Landry, sent a letter urging the U.S. Department of Health & Human Services (“HHS”), the National Institutes...
David Barron, David Hackett, Nandini Sane, and Bethany Vasquez designed an FAQ to address concerns that employers have regarding COVID-19 and the Fall semester.
August 05, 2020
David Barron discusses the Southern District of New York's decision on August 3, 2020, finding that four portions of the DOL's final rule exceeded the DOL’s authority and should be set aside as invalid.
August 04, 2020
Today's new episode analyzes this morning's federal court decision that invalidates four separate (significant) portions of the U.S. Department of Labor's regulations implementing the Families First Coronavirus Response Act (FFCRA).
Download this episode....
July 30, 2020
Selling Nonexistent PPE Is Not a Good Business Plan
New York AG Letitia James reached a settlement with medical supply company Borgese Holdings, Inc. d/b/a IMPACT Medical & Surgical Solutions and its owner (collectively, “IMPACT”) to resolve allegations that it fraudulently...
Jerry Kilgore and Julia Hammond discuss Virginia's workplace safety standards to protect Virginia workers.
July 29, 2020
Jennifer Brandt, chair of the firm’s Family
Law Group, was a guest on Fox 29 News discussing the current status of divorce
proceedings in light of COVID-19.
Watch here: https://www.fox29.com/video/833760...
July 28, 2020
Dave Hackett and Anna Wermuth discuss what employers must do to ensure they are complying with all applicable laws.
July 27, 2020
Steve Dickinson, James Van Orden, and Bob Magovern discuss the SBA's procedural notice to lenders participating in the PPP concerning PPP loan forgiveness.
William H. Walsh and Anusha E. Jones discuss potential preemption defenses that could be available to airlines and their potential effectiveness.
July 23, 2020
Attorney General to Congress: Let States Help Battle COVID-19-Related Medicaid Scams
Citing the growing number of COVID-19-related scams, Kansas AG Derek Schmidt urged Congress to expand the authority of states to investigate and prosecute fraud and abuse perpetrated against Medicaid...
July 20, 2020
David P. Zambito and Jonathan P. Nase discuss the Pennsylvania Public Utility Commission vote on party lines to maintain its moratorium on utility terminations while Governor Tom Wolf’s Proclamation of Disaster Emergency on COVID-19 remains in effect.
July 17, 2020
David Heffernan discusses the DOT's consent order against Volaris and how it may provide insights into how DOT is approaching enforcement during COVID-19.
July 15, 2020
Leni Cummins and Jennifer Miller update New York City condo and coop owners and boards with the latest guidance from the Empire State Development Corporation.
Fran Rayer and Beth Olivera discuss the resumption of Visa services at certain U.S. embassies and consulates around the world.
Fran Rayer and Beth Olivera discuss the settlement in President and Fellows of Harvard College et al. v. U.S. Department of Homeland Security et al., allowing foreign students to remain in the United States even if all classes will be online.
July 09, 2020
Cozen in the News
New Challenges for Attorneys General as They Respond to COVID-19
Christopher Allen, a Member of Cozen O’Connor’s State Attorneys General Practice, penned an Alert analyzing the novel ways in which AGs are wielding their legal, political, and policy-making authority in...
Leni Cummins and Jennifer Miller discuss the Empire State Development Corporation's guidance for private pools and fitness centers.
July 07, 2020
In today's episode, we look at how the U.S. Department of Labor is educating and enforcing the federal Covid-19 Paid Sick Leave and FMLA provisions, and what happens when an employee needs leave because a summer camp or place of care becomes unavailable.
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Steve Dickinson, James Van Orden, and Bob Magovern discuss updates to the Paycheck Protection Program.
July 06, 2020
On July 2, 2020, the U.S. Departments of Transportation, Homeland Security, and Health and Human Services issued a joint guidance document titled “Runway to Recovery- the United States Framework for Airlines and Airports to Mitigate the Public Health Risks of Coronavirus.”
July 01, 2020 Labor & EmploymentStay at Home OrderWork from HomeEmployee HealthBenefits
Michele Ballard Miller, Walter Stella, Elena Hillman, and Austin Dieter designed an FAQ that California Employers have regarding COVID-19.
July 01, 2020 Immigration Policy & Strategy
Frances Rayer and Elizabeth Olivera addressed common questions related to immigration and COVID-19.
June 30, 2020
Christopher J. Allen discusses state AGs wielding their legal, political, and policy-making authority and increasing enforcement to protect consumers, enhance data privacy and security, eliminate price-gouging, and combat false claims for payment to state authorities.
June 25, 2020
Planning a Trip During the Pandemic? Add Reliability of Travel Agency to Your Worry List
Massachusetts AG Maura Healey sued online travel agency BookIt Operating, LLC, d/b/a BookIt.com, and its CEO (collectively “BookIt”) for allegedly knowingly collecting money from consumers for...
Brett D. Watson discusses why small businesses could experience an uptick in embezzlement post-COVID-19, how to prevent it, and how banks can insulate themselves from liability.
Tia Ghattas, Josh Greenbaum and Kendall Hayden discuss the Federal Motor Carrier Safety Administration exemptions for some regulations for certain motor carriers and their drivers that sunset on July 1.
Kathy Jaffari, Edgar Rapoport, and Chris Bellini discuss the SEC's June 23, 2020, guidance on disclosure considerations regarding operations, liquidity, and capital resources in light of the COVID-19 pandemic.
June 23, 2020
In today's new episode, I summarize the most-recent updated guidance from the EEOC and OSHA on such issues as employee accommodations, medical screening, hazard assessments, and pandemic harassment.
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Robert Kaplan and John Wilson discuss the IRS's latest guidance for 401(k), 403(b) and 457(b) retirement plans, including the expanded definition of a qualified individual.
Fran Rayer, Scott Bettrigde, Daniela Berisiartu Barshel, and Elizabeth Olivera discuss President Trump's extension of Proclamation 10014.
June 19, 2020
A new federal COVID-19 data privacy bill with bipartisan
support, the Exposure Notification Privacy Act, would have a substantially narrower
scope of application than two previous partisan draft COVID-19 privacy laws. The bipartisan bill specifically regulates “automated
June 18, 2020
Attorneys General Express Concern Over Contact Tracing Apps
The National Association of Attorneys General (“NAAG”) sent a letter signed by a bipartisan group of 39 AGs to Apple, Inc. and Google, LLC, seeking assurances that all COVID-19-related contact tracing and exposure...
Steve Dickinson, James Van Orden, and Bob Magovern discuss the new Form 3508EZ and Form 3508 for PPP loan forgiveness.
June 17, 2020
In today's new episode, I am joined by Robert Snashall, who has 40 years of experience involving workers compensation matters and served as the Chair of the New York State Workers Compensation Board, to discuss the role of workers compensation in the current Covid-19 pandemic.
June 12, 2020
On June 10, 2020, the Occupational Safety and Health
Administration (OSHA) published a series of frequently asked questions and
answers (FAQs) regarding the recommended use of surgical masks, cloth face
coverings, and respirators in the workplace in the wake of ongoing health
concerns arising from...
June 11, 2020
New York Strengthens Protections Against Price Gouging
New York Governor Andrew Cuomo signed 8189 and A.10270 into law, which strengthen New York state’s ability to combat price gouging on essential goods and services, including products and equipment critically needed during the...
June 10, 2020
Michael Schmidt addressed best practices for New York employers to return to work from the COVID-19 pandemic.
June 09, 2020
Steve Dickinson, James Van Orden, and Bob Magovern discuss the joint statement by the Small Business Administration and Department of the Treasury concerning changes in SBA rules and forms that are necessary to implement the Flexibility Act.
June 08, 2020
In today's new episode, I identify the top 10 likely employment law claims and lawsuits that employers will face from the Covid-19 pandemic.
Download this episode....
June 05, 2020
Steve Dickinson discusses the Flexibility Act of 2020 and the changes to the PPP.
Leni Cummins and Jennifer Miller discuss changes to governing documents condo and coop boards should make that better equip themselves for this new reality.
June 04, 2020
Attorneys General Continue to Address Alleged COVID-19-Related Fraud and Abuse
Florida AG Ashley Moody reached a settlement with Sunshine Community Rx d/b/a PrecisionMed Pharmacy (“PrecisionMed”) to resolve allegations that it marketed and sold COVID-19 test kits by falsely promoting...
June 02, 2020
Chris Sweeney and Alex Busch explain why now could be the perfect moment for contractors to draw a baseline and measure the impacts to date and start measuring future impacts.
Adam Silvermann discusses a variety of issues and provisions landlords (and tenants) should consider when crafting a lease forbearance agreement during the COVID-19 crisis.
June 01, 2020
Pete Fontaine partnered with Aramark to provide owners and operators of commercial and institutional facilities with insight into the important differences in SARS-CoV-2 disinfection methods for interior spaces.
Jeremy Glenn and Julie Trester wrote an article discussing how the COVID-19 pandemic could impact employee rights.
May 29, 2020 Immigration
Fran Rayer and Elizabeth Olivera discuss USCIS decision to resume offering premium processing services for cases involving Form I-129, Petition for a Nonimmigrant Worker, and Form I-140, Immigrant Petition for Alien Worker, in phases over the month of June.
May 28, 2020
Cozen in the News
Cozen O’Connor Adds Privacy, Technology, and Class Action Litigation Depth
Cozen O’Connor added two significant attorney groups in recent weeks whose niche practices are highly complementary to the work of Cozen’s State Attorneys General Practice.
Nine attorneys joined the...
Our May 4, 2020 blog – Employers With Unionized Workforces Need to be Prepared – discussed how employers with collective bargaining agreements (CBA) should start preparing for a union’s response to the Coronavirus (COVID-19). Click here to view that blog. This blog discusses an employer’s duty to...
May 28, 2020 SBAPPP loansloan forgiveness
Steve Dickinson, Bob Magovern, and James Van Orden discuss the two new rules issued by the SBA that provide some additional insight into the Paycheck Protection Program (PPP) loan forgiveness.
May 27, 2020 Commercial Real EstateForce MajeureLeases
Adam Silverman discusses some provisions worth considering in new lease documents in the COVID-19 era.
May 27, 2020
Susan Eisenberg and Jennifer Taylor Williams wrote an article discussing how the EEOC intends that ADA accommodation requests will be alive and well post-coronavirus and employers will be required to engaged in the interactive process with each individual.
May 22, 2020
On May 19, 2020, the Occupational Safety and Health Administration (“OSHA”) published revised enforcement guidance detailing when employers must record COVID-19 illnesses. The new guidance reverses course on prior guidance dated April 10, 2020 which relaxed the circumstances when most employers...
May 21, 2020
FTC Flags for COVID-19-Related Fraud and Abuse
The Federal Trade Commission (“FTC”) and the Small Business Administration (“SBA”) sent joint letters to marketing company ITMedia Solutions, LLC (“ITMedia”) and its client Lendio, Inc. warning them that they may be misleading small...
Patrick Martin wrote about ways to secure business development opportunities during the COVID-19 pandemic.
May 20, 2020 AviationTSATemperature Sceenings
Rachel Welford discusses how and why TSA should begin temperature screenings.
May 19, 2020
Responding to widespread calls for uniform rules and
restrictions regarding the collection and use of individuals’ COVID-19-related
health information, Congressional Republicans and Democrats have each recently introduced
their own versions of federal COVID-19 data privacy bills. Although both...
May 19, 2020 CARES ActCongressional Oversight CommissionTreasuryFederal ReserveMSNLFMSELFMain Street Facilities
Jeff Vogel, Matt Howell, Evan Berquist, and Jason Kreps discuss the programs and facilities announced by the Fed and Treasury to disburse the $500 billion in funding for lending to businesses and to state and local governments in hopes of stabilizing the economy in the short-and long-term and questions related to the $75 billion allocated to the Main Street Lending Facilities.
May 19, 2020 CARES ActSBAPPPLoan Forgiveness
James Van Orden, Bob Magovern, Marty Schrier, and Steve Dickinson discuss the SBA's guidance on forgiveness of Paycheck Protection Program (PPP) loans that allow small businesses and self-employed individuals to seek full forgiveness of their PPP loans that are being used to pay employee wages and other critical expenses during the COVID-19 pandemic.
May 15, 2020 PennsylvaniaNursing HomesDOHState AG
Danielle Sapega discusses the Pennsylvania attorney general's investigation into nursing homes, the Department of Health's guidance for nursing homes, and the governor's executive order granting immunity to health care workers.
May 15, 2020 Marshall IslandsVirtual Shareholder MeetingsNonresident Domestic Corporations
Geoffrey Ferrer and Anne Mickey discuss a newly adopted regulation in the Marshall Islands that officially sanction virtual shareholder meetings.
May 14, 2020
Who’s Watching Gramma? Pennsylvania Attorney General Investigates Nursing Homes for Criminal Neglect
Pennsylvania AG Josh Shapiro is investigating ”several” unidentified nursing homes in the state over COVID-19-related allegations of neglect of a care-dependent person, a criminal...
May 14, 2020 Employee BenefitsIRSCafeteria PlansHealth Care Flexible Spending AccountDependent Care Flexible Spending Account
John Wilson, Jay Dorsch, Lynn Brehm, Robert Kaplan, and Matt Clyde discuss IRS Notice 2020-29 allowing employers to provide flexibility to employees to change their elections under cafeteria plans through December 31, 2020.
May 13, 2020
Last week we posted a blog that discussed how employers with and those without unionized workforces should prepare for a union’s response to the Coronavirus (COVID-19). Click here to view the blog. This blog discusses what an employer with a non-unionized workforce should do when a union calls. It...
The EEOC recently updated its Covid-19 guidance (on May 7, 2020) to address such issues as medical screening and testing, required reasonable accommodations, and discrimination/harassment issues. Today's new episode provides a summary of the EEOC's new guidance.
Download this episode....
May 13, 2020 AviationTravelDOT
Rachel Welford discusses DOT's guidance for airline carriers operating flights to, from, and within in the United States on when it is necessary to offer ticketed passengers refunds.
May 11, 2020 BenefitsIRSDOL
John Wilson and Rob Kaplan discuss guidance from the Department of Labor and the IRS regarding retirement plans, COBRA, and employee benefits subject to ERISA.
May 08, 2020 Commercial LitigationReal EstateFinancial and SecuritiesInsuranceForce MajeureHealth CareEducation
Adam Schlatner and Michael de Leeuw discuss potential COVID-19 related litigation, based on what is already happening and the legacy of other downturns.
May 08, 2020 Paycheck Protection ProgramCARES ActSBATreasury
Nicole H. Sprinzen and Joseph Simpson discuss steps companies who took PPP funds should take now to prepare for audits by the SBA, Treasury, DOJ, or the FBI.
May 07, 2020
Attorneys General Address Pandemic-Related Price Gouging
District of Columbia AG Karl Racine sued convenience store Helen Mart, LLC for allegedly selling bleach at a 200% markup, compared to prices charged by other retailers, in violation of the District’s Natural Disaster Consumer...
In today's episode, I am joined by Jason Brewer, EVP of Communications and State Affairs of the Retail Industry Leaders Association (RILA) to discuss how the retail industry has been planning for the return-to-work phases and what the new "normal" might look like.
Download this episode....
May 07, 2020 Education
Cozen O’Connor’s Institutional Response Group and Margolis Healy outline the Clery Act implications for Institutions of Higher Education (IHE) related to the COVID-19 pandemic.
May 06, 2020 Labor & EmploymentReturn to WorkEmployee HealthEssential Businesses
Bryant Andrews and Bethany Salvatore discuss the Pennsylvania Department of Health's guidance for the businesses permitted to maintain in-person operations.
May 06, 2020 Real EstateCommercial PropertyLeasing
Menachem J. Kastner, Emily Shoor, and Andrew Punzo discuss the case law behind New York courts applying the common law doctrines of Impossibility of Performance and Frustration of Purpose narrowly and strictly and only in limited circumstances.
May 06, 2020 IRSPublic & Project Finance
Jerry Spector discusses multiple notices and guidance issued by the Treasure and the IRS that impact the bond market.
May 04, 2020
With Alameda, Contra Costa, Marin, San Francisco, San Mateo,
and Santa Clara counties beginning to loosen restrictions on the operation of
certain businesses operating primarily outdoors, including resuming
construction, effective on May 4, 2020, employers with collective bargaining
May 04, 2020 Construction
Sam Mogensen and Chris Sweeney provide updates on recent stay-at-home orders in the midwest and how they are impacting the construction industry.
April 30, 2020
Attorneys General and FTC Continue to Protect the Public from COVID-19-Related Fraud
Florida AG Ashley Moody sued advertising company Traffic Jam Events, LLC and its owner for allegedly mailing deceptive used car advertisements disguised as COVID-19 stimulus checks in violation of...
In tonight's episode, I am joined by my colleague, Dan Johns, to discuss the impact that the Covid-19 pandemic is having on union organizing and other traditional labor issues.
Download this episode....
April 30, 2020 Main Street Lending ProgramBusiness/CorporateCARES ActPaycheck Protection Program
Jeff Vogel, Matt Howell, Evan Berquist, and Jason Kreps summarize the Federal Reserve's Expansion of the Main Street Lending Program.
April 29, 2020 Health CareReopening
Gregory M. Fliszar discusses what measures Pennsylvania hospitals must take before resuming elective surgeries and procedures.
April 29, 2020 ConstructionReopening
Nick Berenato discusses New York's plan to reopen in phases.
April 29, 2020 Health CareCMSNursing Homes
J. Nicole Martin and Gregory M. Fliszar discuss CMS's blanket waivers for nursing facilities and skilled-nursing facilities effective through the end of the COVID-19-related emergency.
April 29, 2020 Labor & EmploymentEmployee HealthEEOC
Benjamin L. Shechtman discusses the EEOC's recent guidance allowing ADA-covered employers to administer a COVID-19 test to an employee prior to permitting the employee to enter the workplace, without running afoul of EEO laws.
April 29, 2020 Essential BusinessesGovernment Relations
Katie Schwab & Jamie Ansorge discuss three new bills introduced in New York City City Council that would impact employers in the city.
April 28, 2020
On Friday, April 24th, President Trump signed the Paycheck Protection Program and Health Care Enhancement Act (“Act”) into law that will send an additional $75 billion to the Public Health Emergency and Social Services Fund (“Fund”) used to reimburse eligible health care providers for health care...
April 27, 2020 ConstructionReturn to Work
Nick Berenato and Chris Sweeney discuss Governor Wolf's plan to reopen the construction industry in Pennsylvania.
April 27, 2020 ConstructionReopening
Jesse Keene discusses Governor Inslee's addendum allowing limited construction projects to resume in Washington.
April 24, 2020 Small BusinessesPaycheck Protection ProgramSBA
Steve Dickinson, Marty Schrier, James Van Orden, and Bob Magovern discuss the Paycheck Protection Program and Health Care Enhancement Act, which adds $310 billion in funding to the Paycheck Protection Program and an additional $60 billion to the Economic Injury Disaster Loan program.
April 24, 2020 Labor & EmploymentReturn to Work
Cozen O'Connor Labor and Employment attorneys addressed how employers should plan returning to work post-coronavirus.
April 24, 2020 Labor & EmploymentEmployee HealthReturn to Work
Di Addy Tang, Elena Hillman, and Austin Dieter discuss what employers need to consider before implementing temperature screenings of employees.
April 24, 2020
The COVID-19 outbreak and government-mandated shutdowns have made in-person meetings between attorneys and clients off limits. Clients seeking to update healthcare directives and rework trust, estate, and wealth-transfer planning in the wake of the pandemic can take comfort in the fact that...
April 23, 2020
Cozen in the News
Cozen O’Connor’s State Attorneys General Practice Member/Former Virginia AG Discusses State Cannabis Compliance Programs
Cozen O'Connor Member and former Virginia AG Jerry Kilgore participated in the opening panel for the Attorney General Alliance’s (“AGA”) Cannabis Law and...
If you missed today's telephone briefing held by the United States Department of Labor (4-23-20), this new episode summarizes the key points made by Secretary Scalia and other senior DOL officials on today's call to discuss current Coronavirus legislation and initiatives.
April 23, 2020 ContractsForce MajeureCommercial Litigation
Abby L. Sacunas and Nicole H. Sprinzen discuss possible language for new and future contracts to avoid contract disputes that arise out of COVID-19 and future pandemics.
April 23, 2020 Paycheck Protection ProgramSBA
Steve Dickinson, James Van Orden and, Bob Magovern discuss the SBA's recent FAQ regarding public companies receiving PPP loans.
April 23, 2020 UtilityConstructionEssential Businesses
William Lesser discusses how the extension of Gov. Cuomo's New York State on PAUSE order impacts the utility industry.
April 23, 2020 Immigration Policy & Strategy
Fran Rayer, Scott Bettridge, Daniela Barshel, and Elizabeth Olivera discuss what President Trump's temporary suspension of certain categories of immigrants from entering the United States means and who is impacted.
April 22, 2020 PPECARES ActSmall BusinessesMid-Size Businesses
James Argionis and Steven Dickinson wrote a white paper in conjunction with Gallagher on guidance in regard to the CARES Act and what this means for different types of businesses.
April 22, 2020 Consumer ProtectionPrivacy & Data SecurityState Attorneys General
Lori Kalani and Ann-Marie Luciano discuss privacy and data security issues state AGs are investigating and what technology companies can do to prevent these issues.
April 22, 2020 Transportation & TradeFEMAPPE
Don Kassilke and Wayne Rohde discuss FEMA's additional guidance about the 10 categories of PPE exports that would be exempt from the recent, temporary ban.
April 21, 2020 Real Estate
The District of Columbia’s Department of Consumer and
Regulatory Affairs (DCRA) – the agency that, among other tasks, issues building
permits and business licenses – conducted a virtual meeting on April 15, 2020.
More than 500 residents and business owners submitted their business...
April 21, 2020 Labor & EmploymentPPEPaycheck Protection ProgramReturn to Work
In today's episode, I am joined by my Cozen O'Connor colleagues Howard Schweitzer (public strategies/gov't relations) and David Barron (labor and employment) to discuss what the next federal stimulus legislation might look like, and what employers should be thinking about when bringing employees...
April 21, 2020 Commercial Litigation
Elisabeth Ross and Christopher Hennessy published an article to Law360 discussing how due to COVID-19 courts, judges and attorneys may have to adapt further or even change the rules of litigation to bring greater flexibility to the way cases are handled.
April 20, 2020 Health CareCMS
J. Nicole Martin and Gregory M. Fliszar discuss CMS's guidance for health care systems in areas with low COVID-19 infections to reopen nonessential care.
April 20, 2020 Utility
Greg Eisenstark and Michael Connolly discuss New Jersey's executive order extending deadlines until after the public health emergency.
April 20, 2020 Health CareCMSNursing Homes
Danielle E. Sapega and Gregory M. Fliszar discuss CMS's new guidance for nursing homes when it comes to reporting confirmed or suspected cases of COVID-19.
April 20, 2020 FAAAviation
Rachel Welford discusses the FAA's guidance for passenger airlines contemplating using empty apace in their aircraft to transport cargo.
April 20, 2020 Transportation & Trade
Don Kassilke, Wayne Rohde, and Kathryn Sobotta discuss OFAC's recently release Fact Sheet detailing regulatory requirements relevant to export humanitarian goods to sanctioned countries such as Iran, Venezuela, North Korea, Syria, Cuba, Ukraine, and Russia.
April 17, 2020 Labor & EmploymentSocial DistancingEssential Businesses
Alan Pittler discusses Pennsylvania's new employer safety measures and what that could mean for non-essential businesses when they are ready to open up.
April 17, 2020 UtilityEssential BusinessesSocial Distancing
Michael Klein discussed Pennsylvania's new order providing guidance for essential businesses, including utilities, to protect employees and the public.
April 16, 2020 State Attorneys GeneralNursing HomesFTC
Attorneys General Take Action to Help Constituents During the COVID-19 Pandemic
AGs across the country are using their prominent public profiles to provide reliable information during the COVID-19 pandemic. For example, Massachusetts AG Maura Healey launched a new website with...
April 16, 2020 MaritimeTransportation & Trade
Bob Magovern and Wayne Rohde discuss the FMC's order aimed at developing improvements to the U.S. ocean transportation supply chain through the use innovation teams.
April 16, 2020 ConstructionEssential Businesses
Kelly Trout and Chris Sweeney detail Maryland, New Jersey, and Pennsylvania's recent orders mandating businesses that are operating follow CDC guidelines for preventing the spread of COVID-19.
April 15, 2020 OSHALabor & EmploymentEmployee Health
On April 10, 2020, OSHA issued additional guidance for employers on their obligations to record COVID-19 cases which can be found here.
Prior to this guidance, OSHA made clear that COVID-19 cases may be recordable if a worker is infected as a result of performing work-related duties. Thus,...
April 15, 2020 Force MajeureEssential BusinessesEnvironmental
Pete Fontaine, Marcia Mulkey, and Amorie Hummel discuss how various state and federal orders are impacting the environmental industry.
April 15, 2020 AntitrustDOJFTC
Bob Magovern discusses what the DOJ and Federal Trade Commission's joint statement means for employers.
April 14, 2020
Jennifer Brandt appeared on Court TV discussing three top of the news cases: Bodycam shows Gilbert Police interview Lori Vallow after husband tried to get her mentally evaluated; Chicago's County Jail Is Facing The U.S.' Worst COVID-19 Outbreak; and Paul Hildwin now free after spending 28 years...
April 14, 2020 Health CareHIPPAOCR
Danielle Sapega and Gregory M. Fliszar discuss OCR's announcement relaxing HIPAA rules in connection with the good faith participation in the operation of a COVID-19 Community-Based Testing Site(s)
April 14, 2020 Health CareCARES ActHHS
Gregory M. Fliszar and Alexandra Campau explain the terms and conditions outlined by CMS for providers who wish to receive a payment from the Public Health and Social Services Emergency Fund.
April 14, 2020 Small BusinessesPaycheck Protection ProgramCARES ActHospitalitySBA
Steve Dickinson, James Van Orden, and Bob Magovern discuss the SBA's updated FAQ's on the Paycheck Protection Program.
April 13, 2020 Labor & Employment
In the midst of growing alarm over the coronavirus
pandemic and an almost all-consuming focus on public health, workplace and
legal developments related to the pandemic, many Colorado employers may have
missed the significant changes in Colorado wage and hour laws recently ushered
in by the...
April 13, 2020 ConstructionEssential BusinessesUtility
Michael Klein and Michael Connolly provide updates to restrictions Pennsylvania and New Jersey have issued on the energy industry.