COVID-19 Task Force

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.

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VII-130- An Interview With EEOC Commissioner (Vice Chair) Jocelyn Samuels [Podcast]

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...

Louisiana Supreme Court Reverses a Rare State Court of Appeals Win for COVID-19 Business Interruption Claimant [Blog Post]

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...

Non-U.S. Nonimmigrants to Provide Proof of COVID-19 Vaccination [Alert]

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.

FAA Declines to Extend COVID-19 Relief at U.S. Slot-Controlled and IATA Level 2 U.S. Airports [Alert]

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.

Oklahoma Supreme Court Rejects “Loss of Use” Argument, Nixes COVID-19 Business Interruption Suit [Blog Post]

September 19, 2022

There is a clear nationwide trend of federal courts disposing of COVID-19 business interruption suits.[1] 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...

VI-119 - What Did You Miss This Summer? [Podcast]

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. Download this episode....

USCIS Extends COVID-19 Flexibilities and Permanently Adopts Reproduced Signature Flexibility [Alert]

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.

Permanent COVID-19 Standard for Healthcare Workers Still Slated for the Fall [Blog Post]

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...

New Jersey Appellate Division Rules Insurers Not Obligated to Cover Certain Business COVID-19 Related Losses [Blog Post]

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,...

NY Appellate Court: Covid-19 Business Losses Don’t Constitute “Physical” Damage to Property, Don’t Trigger Commercial Property Policies [Blog Post]

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....

Two Years of Remote Litigation & Beyond [Blog Post]

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...

Labor Arbitration For Virtual Work Issues Can Be Tricky [Law360]

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.

VI-111- A Conversation With EEOC Commissioner Andrea Lucas [Podcast]

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...

D.C. Looking to Incentivize Office to Residential Conversions [Blog Post]

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...

Second Circuit Holds No Coverage for COVID-19 Business Interruption Losses [Blog Post]

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...

Supreme Court Allows CMS Vaccine Directive To Go Forward [Alert]

January 19, 2022

Anne Greene, John Ho, and Jim Sullivan discuss the Supreme Court decision to allow the CMS vaccine directive to go forward.

VI-110 - End of the OSHA ETS? Supreme Court Re-Issues A Stay [Podcast]

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...

Designating Unvaccinated Employees as a ‘Direct Threat’ to Others [Bloomberg Law]

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.

Major Victories for Insurers in Fifth Circuit Regarding COVID-19 Business Interruption Claims [Blog Post]

January 07, 2022

The Fifth Circuit Court of Appeals has joined seven other Circuits in finding no coverage for COVID-19 business interruption claims.[1]  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.,...

OSHA Withdraws COVID ETS for Healthcare [Blog Post]

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,...

Seventh Circuit Continues String of Insurer Victories in COVID-19 Business Interruption Litigation [Blog Post]

December 21, 2021

At least five Circuit Courts of Appeal have now come out in favor of insurers in COVID-19 business interruption lawsuits.[1] 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...

Sixth Circuit Lifts OSHA ETS Stay [Blog Post]

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,...

A Glimpse Into OSHA Today and Tomorrow [Blog Post]

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...

NYC Implements Wide-Ranging Pandemic Restrictions, Including Private Sector Vaccine Mandate [Alert}

December 09, 2021

John Ho, Janice Agresti, and Jim Sullivan discuss Mayor de Blasio's expansion to the “Key to New York City” program.

In extremis — PPP Money Is Not “Free” So Applicants & Recipients Need to Beware

December 08, 2021

Larry Prosen discusses recent how the DOJ is auditing, investigating, and, where appropriate, prosecuting PPP recipients who broke the rules

Canadian Union Challenges to Mandatory Proof of COVID-19 Vaccination Policies [Blog Post]

December 01, 2021

Today we have insights from Norm Keith [1], 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. [2] Tens of thousands of workers have contracted the deadly virus at work and filed workers’...

COVID-19 Business Interruption Claims: First California Court of Appeal Decision Holds That Closure Orders Are Not “Direct Physical Loss” [Blog Post]

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...

What Employers Need to Know as the US Welcomes Back International Travelers [Daily Business Review]

November 18, 2021

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.

California Employers Can Let Cal/OSHA Know Federal OSHA COVID-19 ETS Potential Workplace Impacts [Alert]

November 15, 2021

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.

Court Affirms Stay of OSHA Vaccinate-or-Test Emergency Temporary Standard [Alert]

November 15, 2021

John Ho and Jim Sullivan discuss the Fifth Circuit's stay of OSHA's ETS and what happens next.

Ninth Circuit Holds COVID-19 Business Interruption Losses Require Direct Physical Damage To The Property [Blog Post]

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...

V-105- The New OSHA ETS on Mandatory COVID-19 Vaccines [Podcast]

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. Download this episode....

OSHA Publishes General Industry Emergency Temporary Standard [Blog Post]

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...

Insurer Wins First Jury Trial on Coverage for COVID-19 Business Interruption Losses [Blog Post]

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)....

How Labor Law May Affect Your COVID Vaccine Mandate [Law360]

October 29, 2021

Daniel Johns authored an article discussing labor law considerations surrounding the COVID-19 vaccine mandates in the workplace.

UPDATE: President Biden Lifts COVID-19 Travel Ban [Alert]

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.

U.S. Government Requires COVID-19 Vaccination for Foreign Visitors Arriving by Air; Modifies Pre-Departure Testing and Data Collection Requirements [Alert]

October 28, 2021

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.

COVID-19 Vaccination: The EEOC’s Long-Awaited Religious Exemption Guidance [Alert]

October 27, 2021

Janice Agresti discusses the EEOC's guidance for employers when an employee requests a religious exemption from the COVID-19 vaccination.

V-103 - A Conversation About Mental Health and COVID-19 [Podcast]

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...

Update: Travel Bans to be Rescinded; Proof of Vaccination will be Required [Alert]

October 19, 2021

Beth Olivera and Fran Rayer discuss Biden's easing of travel restrictions on all fully vaccinated international travelers.

Lawsuits Fighting OSHA Covid-19 Vaccine Standard May Not Matter [Bloomberg Law]

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.

What Federal Contractors Need to Know About the Biden Administration’s Vaccine Mandate

September 16, 2021

Matt Howell and Bob Magovern discuss what Biden's September 9, 2021, executive order means for federal contractors.

V-101 - President Biden's New OSHA COVID-19 Directive [Podcast]

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...

More than 100 Employees? Mandatory Vaccinations or Weekly Testing Soon To Be Required Under OSHA’s Forthcoming Emergency Temporary Standard [Blog Post]

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...

OSHA’s Updated COVID-19 Guidelines for Employers and What They Mean [PICPA]

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.

Eleventh Circuit Becomes Second Federal Appellate Court To Hold No Coverage For COVID-19 Business Losses [Blog Post]

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....

V-100 - The Latest on Vaccine Policies and Bellwether States [Podcast]

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. Download this...

Continuing the “Return to Normalcy” at the Pennsylvania Public Utility Commission [Alert]

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.

State Privacy Law Update - Colorado and Nevada [Blog Post]

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...

First Appellate Ruling Holds COVID-19 Business Losses Are Not Physical Loss or Damage [Alert]

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.

OSHA’s New COVID-19 Guidelines and What They Mean for Employers [Alert]

June 16, 2021

Dave Barron discusses new OSHA guidance for vaccinated workers.

In the absence of any grave danger, OSHA still issues a COVID-19 Emergency Temporary Standard but limits its coverage to healthcare and provides new guidance to all other employers [Blog Post]

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...

A Revised Post-Coronavirus Return to Work Checklist [Alert]

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.

V-98 - BREAKING: The EEOC's New COVID-19 Vaccine Guidance [Podcast]

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....

Are We Ever Going To See A COVID-19 ETS And, If So, What Will It Look Like? My Meeting With The White House This Week Didn’t Reveal Much [Blog Post]

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 (“OIRA”) at...

To Mask or Unmask; that is the Question [Blog Post]

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 vaccinated on...

V-96- LOTS of Big Employment Law Developments [Podcast]

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...

Need an Infectious Disease Prevention Plan? In New York, You Soon Will under the HERO Act [Alert]

May 14, 2021

John Ho, Jim Sullivan, and Anne Greene discuss New York's HERO Act and what employers should do now to comply.

An Infectious Disease Prevention Plan and Workplace Safety Committee: Two New Significant Requirements Under New York’s HERO Act [Blog Post]

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...

Consumer Financial Protection Bureau Enters Eviction Fray With New Ruling Under FDCPA [Alert]

May 04, 2021

Steve Katkov and Amy Katz discuss the CFPB interim final rule and First Amendment challenges to the CDC moratorium currently pending.

OSHA’s COVID-19 ETS Expected Soon – Too Little, Too Late? [Blog Post]

April 28, 2021

On 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...

V-95 - Very Active Federal Agencies and Insight From an OSHA Insider [Podcast]

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...

Southern District of New York Holds Contamination Exclusion is Ambiguous as Applied to Covid-19 Business Losses [Blog Post]

April 16, 2021

The 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...

Employers are being Cited by OSHA for Failing to Comply with the Respiratory Protection Standard and Not just Healthcare Industry Employers [Blog Post]

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...

DOL Issues Model COBRA Notices For Implementing COVID-Relief Bill’s Subsidized COBRA Requirements [Alert]

April 09, 2021

Robert Kaplan discusses the DOL's three model notices employers are required to send to qualified beneficiaries.

Wine Asset Sale Watered Down | Fake Vaccination Cards | Misleading Franchisee Offer [Blog Post]

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...

Why was OSHA’s COVID-19 Emergency Temporary Standard Placed in “Limbo” by Secretary of Labor Walsh? [Blog Post]

April 08, 2021

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...

Getting Your Workforce Vaccinated Without Getting Sued [Century City Bar Association]

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.

California Enacts New COVID-19 Supplemental Paid Sick Leave Requirements With Retroactive Application

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.

The American Rescue Plan’s Impact on New York State and City Government, Businesses, and Nonprofits

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.

Paycheck Protection Program Extended

March 26, 2021

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.

COVID-19 Vaccination Policies for California Employers - Navigating Uncertainty [Blog Post]

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...

41-State Data Breach Settlement | Additional CCPA Regulations | Suit over Patient Discharge Notice [Blog Post]

March 18, 2021

Antitrust 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...

Pennsylvania Public Utility Commission Enters a New Phase in Responding to the COVID-19 Pandemic [Alert]

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.

U.S. Airlines, Aviation Contractors to Receive Additional $15 Billion Under American Rescue Plan Act [Alert]

March 15, 2021

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.

Employee Benefits and Executive Compensation Provisions in the American Rescue Plan Act [Alert]

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.

Anti-Discrimination Clarification from CFPB | $110 Million Charity Scam | Deceptive Claims re: CBD Cures [Blog Post]

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...

1st Amendment Win for Credit Card Surcharges| Texas Sues over Electricity Bills | Dodgy COVID Fees [Blog Post]

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...

Odds Increase On OSHA Issuing COVID-19 Emergency Temporary Standards [Blog Post]

March 03, 2021

Shortly 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...

Texas Power Companies Investigated Post-Storm | Cryptocurrency Investors Misled| Student Loan Relief [Blog Post]

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...

I-9 Documentation Review Amidst the COVID-19 Pandemic [Alert]

February 25, 2021

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

$834 Million Plavix Judgment | Student Loan Servicing Settlement | Former NH Attorney General’s New Role [Blog Post]

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...

V-91- (Part 2 of 2) One-On-One Conversation With EEOC Commissioner Keith Sonderling [Podcast]

February 18, 2021

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...

V-90- (Part 1 of 2) One-On-One Conversation With EEOC Commissioner Keith Sonderling [Podcast]

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...

Progressive Paid Leave Policy Introduced in Philadelphia City Council [Alert]

February 17, 2021

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.

PPP Fraud Is Ripe for Enforcement in 2021. Can Self-Disclosure & Cooperation Create a Path to Leniency? [Alert]

February 17, 2021

Rachel Collins-Clarke and Calli Padilla discuss the government's government enforcement of abuse of the CARES Act, PPP, or Economic Aid Act.

Congress Enacts Modification to Bankruptcy Procedures Governing Assumption and Rejection of Leases

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.

Should Boards of Cooperatives and Condominiums Implement a Vaccination Policy?

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.

V-89- New OSHA Guidance on Covid-19 [Podcast]

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? Download this episode....

Strengthening Price Gouging Statute | Illegal Fees for Mortgage Payments | AGs Contest Reprieve for Robocallers [Blog Post]

February 04, 2021

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...

OSHA Issues Revised COVID-19 Guidance: What it Means and What’s Next [Blog Post]

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....

USCIS Extends Flexibility Deadlines for Responding to Requests [Alert]

February 01, 2021

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.

Employer Guide to COVID-19 Vaccination [Blog Post]

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...

How Rebooted Paycheck Protection Program Works: Part 2

January 22, 2021

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.

New PPP Forgiveness Guidance And Forms [Alert]

January 22, 2021

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.

Impostor Government Invoices | Car Dealer Employees Working Without Pay? | Democratic AGs v. Trump Administration [Blog Post]

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...

How Rebooted Paycheck Protection Program Works: Part 1

January 21, 2021

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.

Employer Guide to COVID-19 Vaccination

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.

CDC Requires COVID-19 Testing of International Passenger Arrivals in the United States [Alert]

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.

COVID-19 Pandemic Creates Unique Hiring Concerns For Remote Employees [Blog Post]

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 to...

Restarting the Paycheck Protection Program [Alert]

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.

Google Faces 2 Antitrust Suits | “Made in USA” Glue Isn’t | Mortgage-Backed Securities Settlement [Blog Post]

January 07, 2021

Antitrust 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...

Policyholders’ Counsel Test “Mother of All” Covid-19 Coverage Suits in a Bid to Block Insurers’ Path to Federal Court [Blog Post]

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 court?...

The “New and Improved” Paycheck Protection Program [Alert]

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.

Top 5 Takeaways From The EEOC COVID-19 Vaccine Guidance [Blog Post]

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...

Credit Score Use Without Notice | Financing Bad Landlord Behavior | § 340B Mandated Pharma Discounts [Blog Post]

December 17, 2020

COVID-19 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 and its CEO (collectively “BookIt”) to resolve allegations that it knowingly collected money...

#No Filter: Terminating an Employee for Social Media Posts – Part 3 [Blog Post]

December 17, 2020

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...

City of Pittsburgh Enacts Ordinance Mandating Paid Time Off Related to COVID-19 [Alert]

December 17, 2020

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.

IV-84- BREAKING: EEOC Issues Mandatory Vaccine Guidance [Podcast]

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....

IV-83- Mandatory Covid-19 Vaccines [Podcast]

December 16, 2020

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....

Getting Your Workforce Vaccinated Without Getting Sued [Law360]

December 14, 2020

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.

As the Pandemic Spreads, So Does the Reach of State Nexus

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.

AGs Urge CARES Act Extension | iPhone Throttling Settlement | Consolidation in Web Listings Service Market [Blog Post]

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...

New “Necessity” Forms Create Headaches and Risks for PPP Borrowers [Alert]

December 03, 2020

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.

OSHA’s Most Frequently Cited Standards in COVID-19 Investigations [Blog Post]

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...

COVID-19 Fake Cures | Accuracy in Debt Collection Reporting | North Carolina AG Reelected [Blog Post]

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....

$60 Million Pest Control Settlement | Sotheby’s Alleged Tax Dodge | More Zoom Security Scrutiny [Blog Post]

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...

Ethical Issues With Remote Work During COVID-19 [Blog Post]

November 10, 2020

In March 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...

Enhanced Employer Record-Keeping Requirements Relating to COVID-19 [Blog Post]

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...

Top 5 Tips for Managing Remote Employees [Blog Post]

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,...

Indoor Swimming Pools May Open

October 30, 2020

Leni Cummins and Jen Miller discuss New York City's authorization to reopen indoor pools.

2020 Election Impact | Waste Management Merger Antitrust Concerns | NAAG Consumer Protection Conference Highlights [Blog Post]

October 29, 2020

Breaking News 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...

COVID Cash Crunch: Options for Reorganizing or Winding Down Your Company in Illinois

October 27, 2020

Ira Bodenstein and David R. Doyle discuss options for businesses impacted by COVID-19 that are considering winding down or reorganizing.

North Carolina Court Finds Coverage for Restaurants' COVID-19 Business Income Losses [Blog Post]

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,...

New Guidance on Tax Holiday Suspension for Air Transportation Federal Excise Tax [Alert]

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.

Pennsylvania Public Utility Commission Enters Phase 2 of the Moratorium on Utility Shut-Offs [Alert]

October 19, 2020

David P. Zambito and Jonathan P. Nase discuss Chairman Gladys Brown Dutrieuille's modifications to the emergency order.

Coronavirus Pandemic May Force Shift in Oversight of College Sports [The Legal Intelligencer]

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.

Trouble Brewing: Florida Federal Court Dismisses Beer Distributor’s Claim for COVID-19 Losses [Blog Post]

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...

Airline Passengers’ Rights | Fake COVID-19 Cures | Unlicensed Debt Collection Agency Sued [Blog Post]

October 08, 2020

COVID-19 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...

Deed in a Box: An Advantageous Loan Workout Method in the Time of the COVID-19 Pandemic [Alert]

October 07, 2020

Rebecca Eschen discusses why deed-in-a-box transactions are particularly well-suited for the COVID-era economic instability.

Employers Must Beware The Coming Union Organizing Storm [Law 360]

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.

Precious Metals Scam | R, D AGs Weigh In on Pipelines | $60 Million Surgical Mesh Settlement [Blog Post]

October 01, 2020

COVID-19 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,...

Senate Bill Would Require TSA Temperature Checks at U.S. Airports [Alert]

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.

D.C. Council Considers Changes to Condominium Warranty Adjudication Process [Blog Post]

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 Housing and...

Alcoholic Beverage Regulation Administration Issues Fines to Restaurants and Bars Violating Social Distancing Measures [Blog Post]

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 with...

California Codifies New COVID-19 Notice Requirements and Expands Cal OSHA Authority [Alert]

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.

Rebuttable Presumption for COVID-19 Illnesses to Impact Employers Through 2022 [Alert]

September 23, 2020

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.

Zoning Commission Moves to Clarify Regulations for Virtual Meetings and Hearings [Blog Post]

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...

The Interplay Between OSHA and Wrongful Death, Tort, and Gross Negligence Claims in the COVID-19 Era [Blog Post]

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...

AG Climate Change Suits Continue | Dunkin’ in Hot Water | CFPB and States Settle with Student Lender [Blog Post]

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,...

Philadelphia Mandates Two Weeks of Paid Sick Leave for Workers Impacted by COVID-19 [Alert]

September 17, 2020

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.

California’s Large Employers to Provide COVID-19 Paid Sick Leave Following Newsom’s Signature [Alert]

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.

Debt Collectors Sued | States Object to Proposed Fed Banking Rule | States Move to Stop USPS Changes [Blog Post]

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...

COVID-19 Fees Challenged | DC AG Sues Instacart | $10 Million Penalty for Robocalls & False Ads [Blog Post]

September 03, 2020

COVID-19 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...

New York City Condos and Coops Given Greenlight to Reopen Gyms & Fitness Centers [Alerts]

September 03, 2020

Leni Cummins and Jennifer Miller discuss what condo and coop boards need to know before reopening gyms and fitness centers.

Employers Should Prepare for Wave of COVID-Related Wrongful Death Lawsuits [Blog Post]

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, where the...

Voluntary Moratorium on New Jersey Utility Shut-offs Extended to October 15, 2020 [Alert]

September 01, 2020

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.

Is EPA’s Emergency Approval of Long-lasting Disinfectant a Game Changer? [Alert]

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.

The Saga Continues: Pennsylvania PUC Delays Action on Terminating the Moratorium on Utility Shut-offs [Alert]

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.

COVID-19 Price Gouging | Alaska AG Resigns | Honda’s $85 Million Multistate Settlement [Blog Post]

August 27, 2020

COVID-19 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...

Governor Wolf Proposes Legalization of Recreational Cannabis [Alert]

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.

Opening Indoor Pools: Divergence Between NYS and NYC

August 21, 2020

Leni Cummins and Jennifer Miller discuss the conflicting guidance regarding opening indoor pools in New York City.

Eleventh Circuit Confirms Cleaning is not Direct Physical Loss [Blog Post]

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...

Ethical Implications When Outsourcing Legal Work [Blog Post]

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...

COVID-19 Price Gouging on Eggs | EPA Picks up Cleanup Tab | Not All Smiles with this Judgment [Blog Post]

August 13, 2020

COVID-19 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...

JPML Will Not Allow Centralization of MDL Covid-19 Lawsuits [Blog Post]

August 13, 2020

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...

COVID-19 Drug Availability | Federal Banking Rule vs. State Usury Laws | Kickbacks for Pain Meds [Blog Post]

August 06, 2020

COVID-19 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...

Employer Back to School Guide

August 06, 2020

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.

New York Federal Judge Strikes Down Portions of Dept. of Labor’s Emergency Paid Leave Rules [Alert]

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.

IV-77- Breaking: Federal Judge Invalidates Portions of the DOL's FFCRA Regulations [Podcast]

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....

COVID-19 PPE Scam | Biotech Company in $94 Million False Claims Settlement | Hidden Telecom Fees [Blog Post]

July 30, 2020

COVID-19 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...

Virginia Adopts Workplace Safety Standards for the Pandemic — May be Coming to a State Near You [Alert]

July 30, 2020

Jerry Kilgore and Julia Hammond discuss Virginia's workplace safety standards to protect Virginia workers.

Jennifer Brandt Appears on Fox 29 News Discussing the Status of Divorce Proceedings during the COVID-19 Pandemic [Blog Post]

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:

Employers Must Vigilantly Evaluate WARN Obligations As Pandemic Continues [Alert]

July 28, 2020

Dave Hackett and Anna Wermuth discuss what employers must do to ensure they are complying with all applicable laws.

SBA to Begin Accepting PPP Forgiveness Applications on August 10 [Alert]

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.

The Efficacy of Preemption Defenses in Airline COVID-19 Litigation [Alert]

July 27, 2020

William H. Walsh and Anusha E. Jones discuss potential preemption defenses that could be available to airlines and their potential effectiveness.

Credit Card Interest Rate Scam | “Made in USA” Settlement | Vaping Laws Enforced [Blog Post]

July 23, 2020

COVID-19 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...

Pennsylvania PUC Remains Deadlocked over Terminating the Moratorium on Utility Shut-offs [Alert]

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.

DOT Provides Airline Payment Flexibility for Enforcement Penalty During COVID-19 [Alert]

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.

Resumption of Visa Services at the U.S. Consulates [Alert]

July 15, 2020

Fran Rayer and Beth Olivera discuss the resumption of Visa services at certain U.S. embassies and consulates around the world.

Foreign Students Can Remain in the U.S. Even if All Classes Will Be Online

July 15, 2020

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.

Private Pools in Condos and Coops Can Reopen [Alert]

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.

AGs’ Expanding Focus Due to COVID-19 | New Antitrust Guidelines | AG Sues Timeshare Exit Companies [Blog Post]

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...

Hold Off on Reopening Pools and Gyms in Condos and Coops [Alert]

July 09, 2020

Leni Cummins and Jennifer Miller discuss the Empire State Development Corporation's guidance for private pools and fitness centers.

IV-76- Covid-19 Employee Leave Entitlement When Summer Camp/Program Is Unavailable [Podcast]

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. Download this episode....

Paycheck Protection Program Updates [Alert]

July 07, 2020

Steve Dickinson, James Van Orden, and Bob Magovern discuss updates to the Paycheck Protection Program.

DOT/HHS/DHS Issue Joint COVID-19 Guidance to Airlines and Airports

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.”

COVID-19 FAQs For California Employers

July 01, 2020

Michele Ballard Miller, Walter Stella, Elena Hillman, and Austin Dieter designed an FAQ that California Employers have regarding COVID-19.

Immigration COVID-19 FAQ

July 01, 2020

Frances Rayer and Elizabeth Olivera addressed common questions related to immigration and COVID-19.

As State Level First Responders, AGs Contend with New Challenges in Response to 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.

WV AG Primary Results | $3.6 M Misleading Advertising Settlement | AGs Seek Stay of Pipeline Injunction [Blog Post]

June 25, 2020

COVID-19 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, and its CEO (collectively “BookIt”) for allegedly knowingly collecting money from consumers for...

Expect an Uptick in Employee Embezzlement Following COVID-19 Lockdowns [Alerts]

June 25, 2020

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.

Keeping Pace with Truck Driver Drug and Alcohol Testing During COVID-19 [Alert]

June 25, 2020

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.

SEC Releases Guidance Regarding COVID-19 Disclosure Considerations [Alert]

June 25, 2020

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.

IV-75 - A Covid-19 Update From the EEOC and OSHA [Podcast]

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. Download this episode....

IRS Issues Guidance Implementing Coronavirus-Related Retirement Plan Provisions Under the Cares Act [Alert]

June 23, 2020

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.

Presidential Proclamation Extending Suspension of Immigration from Abroad [Alert]

June 23, 2020

Fran Rayer, Scott Bettrigde, Daniela Berisiartu Barshel, and Elizabeth Olivera discuss President Trump's extension of Proclamation 10014.

Bipartisan Bill Would Regulate Automated COVID-19 Contact Tracing Technology [Blog Post]

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 exposure notification...

Privacy v. Contact Tracing Apps | Fracking Pollution Criminal Charges | Loans at 251% Interest [Blog Post]

June 18, 2020

COVID-19 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...

New PPP Forgiveness Application Forms [Alert]

June 18, 2020

Steve Dickinson, James Van Orden, and Bob Magovern discuss the new Form 3508EZ and Form 3508 for PPP loan forgiveness.

IV-74- An Interview Breaking Down Covid-19 and Workers Compensation [Podcast]

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. Download this...

OSHA Issues New FAQs Regarding Face Coverings Amidst Employees’ Return to the Workplace [Blog Post]

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...

Stronger Price Gouging Law in New York | Suit over Billions of Robocalls | Settlement with Children's App Developer [Blog Post]

June 11, 2020

COVID-19 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...

New York Return-To-Work Safety Plan Checklist

June 10, 2020

Michael Schmidt addressed best practices for New York employers to return to work from the COVID-19 pandemic.

Additional Clarification of Paycheck Protection Program Changes [Alert]

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.

IV-72 - The Top 10 Employment Claims Arising Out of Covid-19 [Podcast]

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....

Boards Should Prepare Now for a Potential Second Wave of COVID-19

June 05, 2020

Leni Cummins and Jennifer Miller discuss changes to governing documents condo and coop boards should make that better equip themselves for this new reality.

Major Changes in the Paycheck Protection Program [Alert]

June 05, 2020

Steve Dickinson discusses the Flexibility Act of 2020 and the changes to the PPP.

2020 AG Election Updates | Price Fixing on Canned Tuna | Google Sued for Tracking Users [Blog Post]

June 04, 2020

COVID-19 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...

Now is the Time for Construction Impact Claims [Alert]

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.

Lease Forbearance Agreements in the Age of COVID-19

June 02, 2020

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.

Choosing Safe & Effective Disinfection in the Post-COVID-19-World

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.

Adapting To Worker-Friendly City Laws Prompted By Virus [Law360]

June 01, 2020

Jeremy Glenn and Julie Trester wrote an article discussing how the COVID-19 pandemic could impact employee rights.

USCIS Resumes Premium Processing Services for Form I-129 and Form I-140 Petitions [Alert]

May 29, 2020

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.

COVID-19-Related Scams | Improving Access to Internet Nationally | Student Debt Relief Fraud [Blog Post]

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...

The Duty to Bargain When Reopening [Blog Post]

May 28, 2020

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...

SBA Additional Guidance on PPP Loan Forgiveness and Loan Reviews [Alert]

May 28, 2020

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.

Work After COVID-19: What Is the New Normal For Leave, Accommodation Requests? []

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.

Lease Provisions To Consider in the Age of COVID-19

May 27, 2020

Adam Silverman discusses some provisions worth considering in new lease documents in the COVID-19 era.

OSHA Changes COVID-19 Recordkeeping Requirements for Employers (Again) [Blog Post]

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...

FTC Flags COVID-19 Fraud & Abuse | $550 Million Subprime Auto Loan Settlement | Bank Accounts for Marijuana Businesses Urged [Blog Post]

May 21, 2020

COVID-19 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...

What Advocacy Business Development Looks Like During COVID-19 [Campaigns & Elections]

May 21, 2020

Patrick Martin wrote about ways to secure business development opportunities during the COVID-19 pandemic.

TSA Has Legal Authority to Conduct Air Passenger Temperature Screenings [Alert]

May 20, 2020

Rachel Welford discusses how and why TSA should begin temperature screenings.

Democrats and Republicans Introduce Competing COVID-19 Data Privacy Bills [Blog Post]

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...

Congressional Oversight Report on CARES Act Funding — Not Much to Oversee Here (Yet)

May 19, 2020

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.

SBA’S Long-Awaited PPP Loan Forgiveness Guidance [Alert]

May 19, 2020

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.

Pennsylvania Attorney General Announces Nursing Home Criminal Investigations [Alert]

May 15, 2020

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.

Virtual Shareholder Meetings for Republic of Marshall Islands Nonresident Domestic Corporations [Alert]

May 15, 2020

Geoffrey Ferrer and Anne Mickey discuss a newly adopted regulation in the Marshall Islands that officially sanction virtual shareholder meetings.

AG Investigates Nursing Homes | FTC Sends More COVID-19 Warning Letters | Zoom Agrees to Enhance Security [Blog Post]

May 14, 2020

COVID-19 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...

IRS Allows Greater Cafeteria Plan Flexibility During COVID-19 Crisis [Alert]

May 14, 2020

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.

What to Do When a Union Calls [Blog Post]

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...

IV-70 - Understanding the Latest EEOC Covid-19 Guidance [Podcast]

May 13, 2020

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....

DOT Issues New Guidance Regarding Airlines’ Obligation to Provide Passenger Refunds [Alert]

May 13, 2020

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.

IRS and DOL Release Employee Benefits Guidance for COVID-19-Related Administration [Alert]

May 11, 2020

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.

COVID-Driven Commercial Litigation – What Businesses Can Expect

May 08, 2020

Adam Schlatner and Michael de Leeuw discuss potential COVID-19 related litigation, based on what is already happening and the legacy of other downturns.

Companies Receiving PPP Funds Should Prepare for Audits, and Implement Compliance Now [Alert]

May 08, 2020

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.

Price Gouging Lawsuits | Antitrust Settlement in Cancer Care Market | Alleged Misuse of Tax Credits by Nonprofit [Blog Post]

May 07, 2020

COVID-19 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...

IV-69- Views on the Post-Covid-19 World From Inside the Retail Industry [Podcast]

May 07, 2020

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....

COVID-19 and Clery Act Considerations for Institutions of Higher Education

May 07, 2020

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.

Pennsylvania Department of Health Issues Revised Employer COVID-19 FAQs [Alert]

May 06, 2020

Bryant Andrews and Bethany Salvatore discuss the Pennsylvania Department of Health's guidance for the businesses permitted to maintain in-person operations.

Commercial Tenants Raising Impossibility of Performance and Frustration of Purpose [Alert]

May 06, 2020

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.

Regulatory Relief Granted to Issuers of Tax-Exempt Bonds in Response to the COVID-19 Pandemic

May 06, 2020

Jerry Spector discusses multiple notices and guidance issued by the Treasure and the IRS that impact the bond market.

Employers With Unionized Workforces Need to be Prepared [Blog Post]

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 agreements...

Midwest States Allow Resumption of Some Construction Projects [Alert]

May 04, 2020

Sam Mogensen and Chris Sweeney provide updates on recent stay-at-home orders in the midwest and how they are impacting the construction industry.

COVID-19-Related Fraud Continues | Wind Turbine Scam | AG Shuts Down Illegal Robocallers [Blog Post]

April 30, 2020

COVID-19 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...

IV-68 - The Impact of Covid-19 on Union Organizing [Podcast]

April 30, 2020

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....

Federal Reserve Provides Greater Access, and Clarity, to the Main Street Lending Program [Alert]

April 30, 2020

Jeff Vogel, Matt Howell, Evan Berquist, and Jason Kreps summarize the Federal Reserve's Expansion of the Main Street Lending Program.

New York’s Phased Plan to Reopen begins with Construction Industry [Alert]

April 29, 2020

Nick Berenato discusses New York's plan to reopen in phases.

CMS Issues Blanket Waivers for Long-Term Care Facilities, SNFs and NFs

April 29, 2020

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.

EEOC Issues Guidelines on COVID-19 Testing of Employees [Alert]

April 29, 2020

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.

New York City Council to Consider Legislation Impacting Employers

April 29, 2020

Katie Schwab & Jamie Ansorge discuss three new bills introduced in New York City City Council that would impact employers in the city.

Additional Health Care Provider Relief Funds In April Stimulus Bill [Blog Post]

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...

Construction Resumes in Pennsylvania on May 1 [Alert]

April 27, 2020

Nick Berenato and Chris Sweeney discuss Governor Wolf's plan to reopen the construction industry in Pennsylvania.

Washington State Reopens Some Construction, with Restrictions [Alert]

April 27, 2020

Jesse Keene discusses Governor Inslee's addendum allowing limited construction projects to resume in Washington.

Small Business Relief Programs Receive Additional Funding [Alert]

April 24, 2020

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.

Return to Work Post-Coronavirus Checklist

April 24, 2020

Cozen O'Connor Labor and Employment attorneys addressed how employers should plan returning to work post-coronavirus.

Potential Pitfalls of Temperature Screenings [Alert]

April 24, 2020

Di Addy Tang, Elena Hillman, and Austin Dieter discuss what employers need to consider before implementing temperature screenings of employees.

Pennsylvania Allows Remote Notarization of Estate Planning Documents During COVID-19 Crisis [Blog Post]

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...

AG Sues China over COVID-19 | Layoffs in AG’s Office | FTC Settles with Rent-to-Own Payment Plan Co [Blog Post]

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...

IV-67- Today's U.S. DOL Phone Briefing re: Federal Coronavirus Initiatives [Podcast]

April 23, 2020

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. Download this...

Contracting to Avoid Force Majeure Litigation in the Midst of the COVID-19 Pandemic [Alert]

April 23, 2020

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.

SBA Asks: Did You Really Need Your PPP Loan? [Alert]

April 23, 2020

Steve Dickinson, James Van Orden and, Bob Magovern discuss the SBA's recent FAQ regarding public companies receiving PPP loans.

New York Extends COVID-19 Restrictions on Utility Activities [Alert]

April 23, 2020

William Lesser discusses how the extension of Gov. Cuomo's New York State on PAUSE order impacts the utility industry.

Presidential Proclamation Temporarily Suspends Immigration from Abroad [Alert]

April 23, 2020

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.

Frequently Asked Questions: Financial Assistance for Small, Mid-sized and Distressed Sector Businesses

April 22, 2020

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.

Demand for Information-Sharing Platforms Has Soared, Raising Privacy Concerns With Regulators [Alert]

April 22, 2020

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.

FEMA Issues Further Guidance on PPE Exports [Alert]

April 22, 2020

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.

Summary of DCRA Business Licensing Virtual Meeting on COVID-19 Impacts to Operations [Blog Post]

April 21, 2020

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...

IV-66 - Predicting the Next Stimulus Legislation and the Post-Coronavirus Workplace [Podcast]

April 21, 2020

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...

How COVID-19 Might Uproot Centuries Of Litigation Traditions

April 21, 2020

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.

CMS Issues Recommendations to Reopen Health Care Systems in Areas with Low Incidence of COVID-19 [Alert]

April 20, 2020

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.

N.J. EO-127 Extends Contested Case, Rule Deadlines — May Impact Utilities, Other Regulated Entities [Alert]

April 20, 2020

Greg Eisenstark and Michael Connolly discuss New Jersey's executive order extending deadlines until after the public health emergency.

CMS Announces Enhanced Nursing Home Reporting Requirements

April 20, 2020

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.

FAA Issues Guidance for Airlines to Carry Cargo in Passenger Cabin

April 20, 2020

Rachel Welford discusses the FAA's guidance for passenger airlines contemplating using empty apace in their aircraft to transport cargo.

OFAC Publishes Fact Sheet on Humanitarian Assistance to Sanctioned Countries [Alert]

April 20, 2020

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.

Pennsylvania Requires New Employer Safety Measures to Combat COVID-19 [Alert]

April 17, 2020

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.

Pennsylvania April 15 COVID-19 Health Measures Order for Certain Businesses, Including Utilities [Alert]

April 17, 2020

Michael Klein discussed Pennsylvania's new order providing guidance for essential businesses, including utilities, to protect employees and the public.

AGs’ COVID-19-Related Resources | Nursing Homes Investigated | Anticompetitive Conduct in Labor Markets [Blog Post]

April 16, 2020

COVID-19 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...

States Require Strict Compliance with CDC Guidance for Continued Construction Operations

April 16, 2020

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.

FMC Expands Use of Innovation Teams to Respond to COVID-19 Supply Chain Concerns

April 16, 2020

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.

Understanding OSHA’s New Guidance on Recording COVID-19 Cases and Related Employee Privacy Concerns [Blog Post]

April 15, 2020

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,...

Environmental Compliance During the COVID-19 Pandemic [Alert]

April 15, 2020

Pete Fontaine, Marcia Mulkey, and Amorie Hummel discuss how various state and federal orders are impacting the environmental industry.

Employers, Staffers, and Recruiters Now on Notice of Antitrust Enforcement During COVID-19 [Alert]

April 15, 2020

Bob Magovern discusses what the DOJ and Federal Trade Commission's joint statement means for employers.

Jennifer Brandt a Guest on Court TV [Blog Post]

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...

CMS Releases Details on $30 Billion Payment to Hospitals and other Health Care Providers [Alert]

April 14, 2020

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.

SBA Issues Additional Guidance On Affiliation Rules Under The Paycheck Protection Program [Alert]

April 14, 2020

Steve Dickinson, James Van Orden, and Bob Magovern discuss the SBA's updated FAQ's on the Paycheck Protection Program.

OCR Releases Notification of Enforcement Discretion at COVID-19 Community-Based Testing Sites [Alert]

April 14, 2020

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)

It’s Springtime for Wage and Hour Rights: Worker-Friendly Changes to Wage & Overtime Regulations Are Blooming in Colorado [Blog Post]

April 13, 2020

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...

Update on N.J. and Pa. Restrictions on Construction Activities — Utility and Other Projects [Alert]

April 13, 2020

Michael Klein and Michael Connolly provide updates to restrictions Pennsylvania and New Jersey have issued on the energy industry.

Takeaways From FDA's Relaxed Rules For Making Face Masks

April 13, 2020

Denise Bense and Karl Neumann published an article to Law360 discussing the FDA's guidance policy for face masks and respirators during the coronavirus pandemic.

IV-63- Your 10 Questions About The New DOL Covid-19 Regulations [Podcast]

April 12, 2020

BREAKING: The U.S. Department of Labor just issued its regulations to implement the new federal Covid-19 obligations on Paid Sick Leave and FMLA. In this episode, I tell you how the new regulations answer the 10 primary questions you have about the new federal requirements. Download this...

New Jersey Imposes Additional Requirements on Construction Project Sites [Alert]

April 10, 2020

Nick Berenato and Chris Sweeney discuss New Jersey's latest executive order and what it means for construction project sites.

UPDATE: Several Midwest States Close Non-Essential Businesses – Potential Construction Impacts

April 10, 2020

Chris Sweeney, Stephen Seeger, Jesse Keene, and Alex Busch detail the various stay-at-home orders issued by Midwest states and the impact of each on the construction industry.

Controlled Substances, CBD and COVID-19 [Alert]

April 10, 2020

Ashley Kessler and Jon Gale discuss recent developments on the state and federal levels that impact the cannabis industry.

U.S. to Prohibit the Export of Certain Personal Protective Equipment

April 10, 2020

Don Kassilke and Wayne Rohde discuss FEMA's anticipated temporary fi