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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.

IRS Releases Implementing Guidance on Payroll Tax Deferral [Alert]

August 31, 2020

Anne Greene discusses the IRS's Notice 2020-65, which provides guidance regarding implementation the deferral of the withholding and payment of the employee portion of social security taxes.

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...

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.

A Win for the Cruise Industry Regarding “Emotional Distress” Claims [Alert]

July 16, 2020

Chris Kende discusses U.S. District Court for the Central District of California's decision in Weissberger v. Princess Cruise Lines Ltd.

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.

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.

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.

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.

Philadelphia Enacts Broad Protections Against Perceived COVID-19 Risks in Employment [Alert]

June 29, 2020

Mike Hanlon discusses a new ordinance amending the Philadelphia Code to enact employee protections in connection with COVID-19” health orders.

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.

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.

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.

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....

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.

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.

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...

USCIS Issues Updates on Premium Processing, Reopening of Local Field Offices [Alert]

June 03, 2020

Daniela Barshel discusses what services will be available when USCIS opens certain field offices tomorrow.

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.

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.

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...

Los Angeles Mayor Signs Two Ordinances Regulating Employer Rehire Processes [Alert]

May 22, 2020

Austin Dieter discusses two new ordinances in Los Angeles impacting employers reopening operations in L.A.

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....

Landlords in California Must Prepare to Address COVID-19 Based Rent and Eviction Moratoria [Alert]

May 13, 2020

Tom Lombardi discusses why real property owners must familiarize themselves with all applicable rent moratoria governing their properties and cannot take a blanket approach concerning enforcement of their rights and compliance with moratoria.

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.

Governor Newsom Creates Rebuttable Presumption of Workers’ Compensation Eligibility [Alert]

May 11, 2020

Austin Dieter discusses California Governor's order and how it may impact employers.

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.

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.

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.

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.

Texas Unemployment Insurance Update: TWC Lists Valid Reasons for Refusing Work Amid COVID-19

May 01, 2020

Adam Gutmann explains the changes the Texas Workforce Commission made to the various reasons that workers can give to legitimately turn down available work amid the COVID-19 outbreak.

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.

Pennsylvania Hospitals Can Now Resume Elective Surgeries and Procedures [Alert]

April 29, 2020

Gregory M. Fliszar discusses what measures Pennsylvania hospitals must take before resuming elective surgeries and procedures.

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...

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

California Supplemental Paid Sick Leave for Food Sector Workers [Alert]

April 17, 2020

Austin Dieter discusses the California governor's supplemental paid sick leave order, including which employers are impacted by it.

What OSHA’s New Guidance Means for the Construction Industry

April 17, 2020

Chris Sweeney explains what the new OSHA guidance means for the construction industry.

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)

Updates on Texas and Federal CARES Act Unemployment Insurance Benefits [Alert]

April 14, 2020

Adam Gutmann discusses the Texas Workforce Commission's updated guidance regarding the availability of unemployment insurance benefits, as supplemented by the federal CARES Act.

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...

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

April 10, 2020

Don Kassilke and Wayne Rohde discuss FEMA's anticipated temporary final rule prohibiting certain exportation of PPE, including N95 respirators, surgical masks, and exam and surgical gloves.

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.

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.

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.

Los Angeles Supplemental Paid Sick Leave Order

April 10, 2020

Austin Dieter discusses Mayor Garcetti's order lifting the paid sick leave requirements for some mid-sized businesses in Los Angeles.

COVID-19-Related Fraud | Stay-at-Home Orders Enforced| AGs Support Suits Where Injuries Occurred [Blog Post]

April 09, 2020

COVID-19 Attorneys General and Federal Agencies Battle a Flood of COVID-19-Related Fraud, Fake Medicines, and Price Gouging State and federal law enforcement agencies are stepping up their efforts to protect the public from bad actors capitalizing on the COVID-19 pandemic. Included here are...

Dealing with Employee Protests and Strikes due to COVID-19 Concerns [Alert]

April 09, 2020

Adam Gutmann discusses what employers should do when employees strike, participate in sickouts, or request PPE or to work from home due to concerns surrounding COVID-19.

More Troubled Waters for the Cruise Industry [Alert]

April 09, 2020

Chris Kende discusses the new class action lawsuit filed against an Italian subsidiary of Carnival Corporation for various physical and emotional damages as a result of the COVID-19 pandemic.

First $30 Billion to be Immediately Distributed to Hospitals, Other Health Care Providers

April 09, 2020

Gregory M. Fliszar discusses CMS's announcement that $30 billion will be distributed from the health care provider relief fund in the CARES Act.

Financial Relief Arrives for Small and Mid-Size Businesses [Alert]

April 09, 2020

Jeff Vogel, Matt Howell, Evan Berquist, and Jason Kreps discuss the additional $600 billion in loans, terms of the loans, and which businesses are eligible.

Important Update to the Office of Zoning Operations During the COVID-19 Emergency [Blog Post]

April 08, 2020

As reported in this blog, on March 20, 2020, the District of Columbia’s Zoning Commission (the commission) and the Board of Zoning Adjustment (the BZA) suspended all public hearings and public meetings. But, in a glimmer of positive news, the District’s Office of Zoning has announced that the...

Duty to Report Employees Who Test Positive for COVID-19

April 08, 2020

John Ho and Peter Ennis describe whether employers should report, under federal or state law, an employee who has tested positive.

UPDATE: Condo and Coop Eligibility for PPP Loans

April 08, 2020

Leni Cummins gives an update on condo and coop eligibility for Paycheck Protection Program loans following the SBA's Interim Final Rule.

SBA Issues Frequently Asked Questions on Paycheck Protection Program [Alert]

April 08, 2020

Steve Dickinson, Marty Schrier, Bob Magovern, James Van Orden, and Jason Kreps summarize the SBA's FAQs about Paycheck Protection Program loans.

DOT Offers Airlines No Relief From Ticket Refund Obligations in Light of COVID-19 Flight Disruptions [Alert]

April 07, 2020

Rachel Welford and David Heffernan discuss DOT's notice regarding "Refunds By Carriers Given the Unprecedented Impact of the COVID-19 Public Health Emergency on Air Travel" and what carriers must do to ensure their compliance.

COVID-19 Emergency Mandates on Utility Construction Activities and Supplies

April 07, 2020

Dave Zambito, Michael Klein, Michael Connolly, and Jonathan Nase explain what utility companies need to know about their construction projects in Pennsylvania and New Jersey.

Five Steps To Consider When Contemplating A Divorce During The COVID19 Pandemic [Blog Post]

April 06, 2020

In the midst of this pandemic, many are speculating that the aftermath will result in a baby boom or a rise in the number of divorces.  Perhaps there will be a bit of both.  It is undisputed that there are typically an influx of divorce cases after the holidays and summer break because these are...

New York State grants COVID-19 Immunity to Health Care Industry

April 06, 2020

David Loh and John Ho discuss New York's new state budget and the Emergency or Disaster Treatment Protection Act, which protects health care professionals from liability that may result from the treatment of individuals with COVID-19.

CARES Act Suspends Air Transportation Federal Excise Tax

April 06, 2020

Steve Haas discusses the suspension of the FET and what jet cardholders and customers of on-demand charters should do.

IV-62-Weekend Roundtable Discussion on Various Impacts of the Federal CARES/Coronavirus Programs [Podcast]

April 04, 2020

In this special weekend edition, I am having a roundtable discussion with 6 of my Cozen colleagues to discuss frequently asked questions on the following issues: (1) labor and employment considerations; (2) SBA and Treasury funding processes for small, medium and large businesses; (3) the impact on...

The Impact of the COVID-19 Crisis on Politics and the Presidential Election [Blog Post]

April 04, 2020

The COVID-19 pandemic has quickly evolved from a health crisis to a financial and economic one, shuttering businesses, upending entire industries, and resulting in staggering unemployment filings. The Democratic Party announced on Thursday that it will postpone the Democratic National Convention because of the coronavirus. As the scope and scale of the pandemic and its impact remains unknown, Howard Schweitzer, Mark Alderman, and Jim Schultz, break it all down and discuss how the crisis may impact politics and the November election.

What The CARES Act Means For Your Business [Blog Post]

April 04, 2020

Exactly one week after The Coronavirus Aid, Relief, and Economic Security (CARES) Act, “phase three” legislative response to the COVID-19 crisis, was passed, members of Cozen O'Connor's Coronavirus Task Force – including Howard Schweitzer, Mark Alderman, Steven Dickinson, Robert Magovern, Michael Schmidt, Christopher Raphaely, and Jeff Vogel, analyze the impact of the CARES Act on specific industries and provide practical and legal guidance to businesses in those industries for maximizing the financing options available to them under the Act. Howard Schweitzer, CEO of Cozen O’Connor Public Strategies (CPS), who served as the COO of the US Treasury’s TARP program during the 2008 financial crisis, and Mark Alderman, CPS Chairman, moderate the discussion.

Treasury Issues Interim Regulations on Affiliation Rules Under Payroll Protection Program

April 04, 2020

Steve Dickinson, James Van Orden, and Bob Magovern discuss the latest affiliation rules under the PPP as they apply to faith-based organizations.

HHS to Release Highly Anticipated Public Health and Social Services Emergency Fund Guidance Soon [Blog Post]

April 03, 2020

The CARES Act (“Act”) appropriates $100 billion to create a Public Health Social Service Emergency Fund (“Fund”) to prevent, prepare for, and respond to coronavirus domestically and internationally for necessary expenses to reimburse, through grants or other mechanisms, eligible health...

The CARES Act Provides New Distribution and Loan Options for Individual Account Retirement Plans [Alert]

April 03, 2020

Matthew Clyde explains how the CARES Act may impact individual retirement accounts.

Treasury Issues Regulations Implementing The PPP Loan Application Process [Alert]

April 03, 2020

Steve Dickinson and James Van Orden outline the updated regulations implementing Paycheck Protection Program loans.

OCR Loosens Restrictions on Business Associates in Response to the COVID-19 Pandemic [Alert]

April 03, 2020

Gregory M. Fliszar explains HHS's announcement that it will exercise its enforcement discretion and will not impose penalties for violations of certain provisions of the HIPAA Privacy Rule against health care providers or their business associates for the good faith uses and disclosures of protected health information.

Potential Zoom Vulnerability | Unemployment Benefits for Gig Workers | Postponed Regulatory Reporting for Financial Institutions [Blog Post]

April 02, 2020

COVID-19 Attorneys General Move to Limit Debt Collection in Response to COVID-19 Pandemic AGs across the country are taking action to limit or cease debt collection during the COVID-19 pandemic. Massachusetts AG Maura Healey issued emergency regulations placing new limits on debt collection...

California COVID-19 Developments [Alert]

April 02, 2020

Austin Dieter discusses local orders and ordinances in California that may impact employers dealing with the COVID-19 pandemic.

Do Not Sign That Lien Waiver [Alert]

April 02, 2020

Chris Sweeney discusses what contractors, subcontractors, and suppliers should do before signing any lien waivers.

Property Owners Must Act to Reap Benefits of Two New Laws [Alert]

April 02, 2020

Leni Cummins, David Hackett, and Marty Schrier discuss how property owners and condo and coop boards can take advantage of programs in FFCRA and the CARES Act.

IRS Provides New Guidance Regarding Tax Credits under the Families First Coronavirus Response Act

April 02, 2020

Nandini Sane and Tina Syring summarize employers' obligations and benefits under the FFCRA.

Small Business Administration’s COVID-19 Loan Programs

April 02, 2020

A quick guide for small businesses interested in the Economic Injury Disaster Loan program r the Paycheck Protection Program.

Employer Checklist for Responding to a Positive COVID-19 Test [Alert]

April 01, 2020

Michael Hanlon and Anna Will Kentz detail how employers should handle an employee who tests positive for COVID-19 or whom demonstrates symptoms of the virus.

Interstate Travel for Construction During COVID-19 Restrictions [Alert]

April 01, 2020

Chris Sweeney discusses options for employees who must cross state lines for work and deal with conflicting stay-at-home orders.

Paycheck Protection Program Begins April 3 [Alert]

April 01, 2020

Steve Dickinson, Jason Kreps, James Van Orden and Marty Schrier outline the implementation of the Paycheck Protection Program.

The Impact of COVID-19 on Civil Litigation in New Jersey Courts [Alert]

April 01, 2020

Evan Caplan details how the COVID-19 pandemic is impacting the state and federal courts in New Jersey.

Dallas Paid Sick Leave Ordinance Struck Down by Federal Court

April 01, 2020

Adam Gutmann discusses the preliminary injunction stopping the enforcement of the ordinance enacted by the City of Dallas last year that would have required many Dallas employers to provide paid sick leave to their employees.

Cybersecurity Best Practices in the Remote-Working Environment [Blog Post]

March 31, 2020

In the wake of the COVID-19 crisis, much of the workforce has shifted to working remotely, with many workers operating out of makeshift "offices" they created in their homes with little or no warning. Along with this remote work comes an increased cybersecurity threat. We recently issued a...

D.C. Office of Tax and Revenue Delays Hotels and Motels Real Property Tax Payments for “First Half 2020” in Response to COVID-19 [Blog Post]

March 31, 2020

Similar to the rest of the District of Columbia government, the District’s Office of Tax and Revenue (OTR) has made changes and extended deadlines for certain real property and business sales and use tax filings this year. As a general matter, all OTR walk-in centers are closed and its building at...

D.C. Closes Non-Essential Businesses, Restricts Sick Employees of Essential Businesses [Alert]

March 31, 2020

Chris Sweeney, Stephen Seeger, Jesse Keene, Kelly Trout, and Alex Busch discuss the D.C. mayor's order closing all non-essential businesses and how it impacts the construction industry.

DOT to Impose Minimum Air Service Obligations For U.S. Carriers Receiving CARES Act Financial Assistance [Alert]

March 31, 2020

David Heffernan and Rachel Welford discuss DOT's proposed parameters for implementing the authority granted it by the CARES Act to maintain scheduled air transportation to U.S. points.

What is Emergency and Essential Construction Under Governor Cuomo’s Executive Order? [Alert]

March 31, 2020

Leni Cummins and Jennifer Miller discuss the Department of Building's guidance following Governor Cuomo's order halting all non-essential construction in New York.

IV-61- Antitrust Concerns With The Coronavirus Pandemic [Podcast]

March 30, 2020

In today's episode, I am joined by my colleague, David Reichenberg, to discuss the antitrust concerns that may be overlooked by businesses during this current Coronavirus outbreak. Download this episode....

Pennsylvania Adds Notice Requirements and COVID-19 Emergency Provisions to Unemployment Comp Law

March 30, 2020

Anna Will Kentz discusses the new Pennsylvania law requiring employers to provide notice of unemployment compensation benefits to employees at the time of their separation from employment.

Maryland and Virginia Close “Non-Essential” Business [Alert]

March 30, 2020

Christopher Sweeney, Stephen Seeger, Jesse Keene, Kelly Trout, and Alex Busch discuss how the Maryland and Virginia executive orders will impact the construction industry.

Ethical Issues with Remote Work During COVID-19 [Alert]

March 30, 2020

Bill Gericke and Deb Winokur discuss lawyers and law firm's ethical obligations when working remotely and outsourcing work.

Maintaining Tax-Exempt Status in a Debt Restructuring Necessitated by the COVID-19 Financial Crisis

March 30, 2020

Jeremy A. Spector discusses how loan restructurings offered under the CARES Act could affect tax-exempt status.

Pandemic-Related Funding Options For Ill. Businesses

March 30, 2020

Christopher Hennessy and Jeremy Glenn published an article to Law360 discussing the different programs the state of Illinois has announced to help businesses navigate through the COVID-19 pandemic.

MINNESOTA Response to COVID-19 [Alert]

March 30, 2020

Tina Syring discusses Minnesota's stay-at-home order and its impact on employers.

There’s A New Investor that’s Come to Town in the Municipal Debt Markets

March 30, 2020

Mark Vacha and Scott Mehok discuss the framework for the U.S. Treasury and Federal Reserve System to introduce supra-institutional investors into the municipal securities markets created by the CARES Act.

Non-Essential Construction Must Cease in New York [Alert]

March 30, 2020

Leni Cummins and Jennifer Miller review ESD's guidance shutting down all non-essential construction in New York.

Summary and Analysis of Key Provisions of the CARES Act

March 28, 2020

Members of Cozen O'Connor's Coronavirus Task Force provide analysis of the CARES Act and how it will impact small businesses, distressed industries, employers and employees, taxes, and the health care, real estates, and energy industries.

Considerations When Aviation Travel Is a Necessity

March 27, 2020

Steve Haas discusses options for individuals for whom aviation travel is a necessity, including private charters and jet cards.

Antitrust Agencies Offer COVID-19 Guidance and Warnings to Competitor Collaborations [Alert]

March 27, 2020

Robert K. Magovern and Matthew Howell discuss the DOJ's and FTC's joint statement pertaining to the enforcement of competition laws during the COVID-19 pandemic.

COVID-19 Construction Update: NJ, NY, DE, and PA Close Businesses

March 27, 2020

Nicholas Berenato, Chris Sweeney, Stephen Seeger, Jesse Keene, and Alex Busch review the executive orders from the governors of Delaware, New York, New Jersey, and Pennsylvania and the impact on the construction industry.

COVID-19-Related Price Gouging | COVID-19-Related Fake Medicines | COVID-19-Related Antitrust Review Speed-Up [Blog Post]

March 26, 2020

COVID-19 Attorneys General Step Up Enforcement Efforts Against Price Gouging AGs across the country are taking steps to protect the public from price gouging by sellers capitalizing on the COVID-19 pandemic. California AG Xavier Becerra sent letters to multiple online commerce platforms,...

Fairfax County’s Response to COVID-19 [Blog Post]

March 26, 2020

Part one in a series, we will examine the effect of the novel coronavirus (COVID-19) outbreak on the Fairfax County, Va., commercial real estate development community. The below provides insight into the status of critical Fairfax agencies as of March 25, 2020....

OCR Releases Guidance on the Disclosure of PHI to First Responders and Public Health Authorities [Alert]

March 26, 2020

Danielle E. Sapega and Gregory M. Fliszar discuss the latest guidance from OCR on when it is permissible to disclose the minimum necessary information of individuals infected with COVID-19.

Cybersecurity Challenges for Companies in the Wake of the COVID-19 Crisis [Alert]

March 26, 2020

Matt Siegel gives companies seven tips they should keep in mind as their employees try to do from home what they would have otherwise done at the office.

Trump Announces REAL ID Compliance Deadline Postponed Due to COVID-19

March 26, 2020

Rachel Welford explains why DHS postponed REAL ID compliance to October 1, 2021.

Notarization by Audio Video Conference in New York State [Alert]

March 26, 2020

Geof Ferrer outlines changes made to the state of New York's notarization requirements.

Illinois Announces More than $90 Million Emergency Assistance for Small Businesses

March 26, 2020

James Argionis discusses various grants and loans available to small businesses in Illinois and Chicago.

IV-60- WARN Act Considerations With The Coronavirus Pandemic [Podcast]

March 25, 2020

Today I am joined by my Cozen O'Connor colleague, Jennifer Williams, to answer questions relating to employers' WARN Act obligations in this current Coronavirus period. Download this episode....

Vessel Registries Grapple with COVID-19 [Alert]

March 25, 2020

Geoffrey Ferrer and Anne Mickey discuss vessel registries relaxing original document requirements and accommodating the acknowledgment process without the need for a face-to-face meeting.

West Coast States Close Businesses Due to COVID-19 [Alert]

March 25, 2020

Chris Sweeney, Stephen Seeger, Jesse Keene, and Alex Busch discuss orders in California, Oregon, and Washington closing businesses due to coronavirus.

Holding Board and Shareholder Meetings Under Social Distancing [Alert]

March 25, 2020

Leni Cummins and Jennifer Miller discuss why boards should consider postponing meetings or holding meetings virtually.

Jennifer Brandt Featured on KYW Newsradio Podcast Discussing Family Court Issues During Coronavirus Pandemic [Blog Post]

March 24, 2020

Jennifer Brandt, chair of the firm's Family Law Practice, was featured on the KYW Newsradio podcast segment titled, “Navigating custody and family court issues during the coronavirus pandemic.” She discusses how court systems are operating, and answers questions to concerns regarding custody...

Correlation or Causation for Coronavirus-Related Business Income Losses [Blog Post]

March 24, 2020

In the wake of the Coronavirus (COVID-19) pandemic, countless businesses have reduced or closed operations—some permanently. Flights have been canceled, hotels and restaurants have closed, and employees have been told to stay home. Naturally, businesses will seek to offset their financial losses...

COVID-19 Impact on the District of Columbia Court of Appeals [Blog Post]

March 24, 2020

The District of Columbia Court of Appeals (“Court of Appeals” or “Court”) is making significant operational changes in response to the COVID-19 pandemic, as reflected in the March 23, 2020, Order entered by Chief Judge Blackburne-Rigsby. The change to Court procedures follows suit with many...

D.C. Department of Consumer and Regulatory Affairs (DCRA) Closes In-Person Permit and Licenses in response to COVID-19 [Blog Post]

March 24, 2020

Today, the District of Columbia announced that DCRA will close all of its in-person permit, license and other centers until at least April 27, 2020. Permits remain available online, and DCRA is offering “video consultations” for construction projects greater than 1,000 sq. ft. Importantly,...

Effects of COVID 19 Emergency on Canadian Civil Procedures and Limitation Periods

March 24, 2020

Michael Bailey and Pam Pengelley detail all of the court closings in Canada.

What Landlords Should Consider in the Wake of Coronavirus (COVID-19) [Alert]

March 24, 2020

Marnie Kudon discusses how commercial landlords should navigate tenants' requests to terminate or modify their leases.

COVID-19: Technology to the Rescue in a Remote World? [Daily Business Review]

March 24, 2020

Samuel Lewis wrote an article about ways that you can make working remote become a more productive and a positive experience.

COVID-19 and the Utility, Energy, Telecommunications & Transportation Sectors: What [Alert]

March 24, 2020

David Zambito, Michael Klein, Michael Connolly, Gregory Eisenstark, Ira Megdal, and Jonathan Nase discuss the executive orders in New Jersey and Pennsylvania impacting the utility industry.

Marshall Islands Relaxes Mortgage Recording Requirements in Light of COVID-19

March 24, 2020

Geoffrey Ferrer and Anne Mickey discuss the temporary modification to the mortgage recording and acknowledgments requirements set out in the Republic of the Marshall Islands Maritime Act.

OSHA Considerations For Working Remotely [Blog Post]

March 23, 2020

Many businesses are permitting employees to work from home in response to COVID-19 and many more will do so particularly as states like New York have and/or will be restricting the number of employees at the worksite. Does this mean the employer must inspect an employee’s home to ensure that...

Jennifer Brandt Discusses How to Abide Custody Agreements During the COVID-19 Pandemic [Blog Post]

March 23, 2020

Jennifer Brandt, chair of the firm's Family Law Practice, appeared on Fox29's Good Day Philadelphia discussing how to abide custody agreements during the COVID-19 pandemic. Watch here:

Status of D.C. Agencies Handling Commercial Real Estate Development Issues as of March 23 [Blog Post]

March 23, 2020

This post is part one in a series that will examine the effect of the novel coronavirus (COVID-19) outbreak on the Washington, D.C. commercial real estate development community. Whether you are in the middle of construction or at the beginning of project due diligence, COVID-19 will impact all...

Recommendations for Making and Responding to Requests for Credit Accommodations [Alert]

March 23, 2020

John T. Carroll and Mark E. Felger discuss how to request credit accommodations from your creditors and considerations before doing so.

Turbulence Ahead for the Airlines Under the Montreal Convention? [Alert]

March 23, 2020

Chris Kende discusses liability issues airline carriers may be facing under the Montreal Convention following the coronavirus pandemic.

The Use of Telehealth During the COVID-19 Nationwide Public Health Emergency [Alert]

March 23, 2020

Greg Fliszar and Chris Raphaely explain the recent changes OCR and HHS made to make telehealth services more available.

Labor and Employment Attorneys Answer Three COVID-19 Questions [Lodging Magazine]

March 23, 2020

Susan Eisenberg and Jennifer Williams wrote about the challenges that the hospitality and lodging industry are facing with COVID-19.

IV-59- California Coronavirus Developments (and Independent Contractor/Arbitration Quick-Bites Too) [Podcast]

March 22, 2020

In today's episode, I am joined by Michele Miller (Chair of our firm's West Coast Labor and Employment Group) to discuss how California is addressing Coronavirus issues for employers. While I have her, I also get a few quick thoughts on the status of California's independent contractor and...

DC Office of Zoning Announces Six COVID-19 Changes to Business-As-Usual [Blog Post]

March 20, 2020

The District of Columbia’s Office of Zoning (“OZ”) – the independent agency that, among other tasks, accepts development applications to the District’s Zoning Commission (the “Commission”) and Board of Zoning Adjustment (the “BZA”) – remains open for business in the face of the COVID-19 outbreak,...

COVID-19 Strategies for the Construction Industry

March 20, 2020

Chris Sweeney, Stephen Seeger, and Jesse Keene discuss steps the construction industry can take now to better prepare them for the impact of COVID-19.

Five Tips for Business Continuity During the Coronavirus Pandemic

March 20, 2020

Dan Pascale, executive vice president of Margolis Healy, offers advice on ensuring your business continues operating during the COVID-19 pandemic.

Layoffs, Furloughs, and the Impact of WARN Acts on Reorganizations [Alert]

March 20, 2020

Jen Williams, Peter Ennis, Arielle Eisenberg, and Nandini Sane discuss what employers must consider under state and federal WARN Acts before laying off or furloughing employees during the COVID-19 pandemic.

COVID-19 and Texas Unemployment Insurance Benefits — Key Issues and Critical Updates [Alert]

March 20, 2020

Adam Gutmann details the changes employers and employees need to know about collecting Texas unemployment benefits.

Illinois Governor Issues a “Stay at Home” Order with Limited Exceptions [Alert]

March 20, 2020

Pennsylvania Mandates Business Closures: Considerations for Commercial Property Owners [Alert]

March 20, 2020

Erin Szulewski answers commercial property owners' questions about Pennsylvania's business closure mandate.

California Governor Orders All Residents to Stay at Home [Alert]

March 20, 2020

Austin Dieter, David Hatch, and Brett Greving discuss Governor Newsome's order, who is exempt, and what services will remain available to Californians.

Pennsylvania Hotels Not Included in Statewide Mandated Closures [Alert]

March 20, 2020

Erin Szulewski provides an update on what businesses are considered essential in Pennsylvania when following Governor Wolf's mandate for all non-essential businesses to close.

NY State Debt Collection Suspended | Anti-Gouging Enforcement | AGs: Who’s an “Accredited Investor”? [Blog Post]

March 19, 2020

Breaking News Despite COVID-19, the State AG Report Stays on the Beat In these unprecedented times, the Cozen O’Connor State AG Group is committed to continuing to bring you important AG news stories and keeping you informed on current AG concerns, including new and ongoing efforts to combat...

IV-58- Breaking: New Federal Coronavirus Legislation [Podcast]

March 19, 2020

Last night, President Trump signed the new federal Coronavirus legislation providing significant changes to the FMLA and paid sick leave requirements (effective April 2, 2020). I am joined in this episode by Howard Schweitzer, CEO of Cozen O'Connor Public Strategies, to discuss what happened this...

FAQ: Families First Coronavirus Response Act [Alert]

March 19, 2020

Aaron Holt answers employers' questions regarding the Families First Coronavirus Response Act.

COVID-19 and Your Family Law Matter

March 19, 2020

Jennifer Brandt discusses how COVID-19 is impacting families who are dealing with family law issues.

Coronavirus: Is There Coverage Under Property Insurance Policies? [Blog Post]

March 18, 2020

Coronavirus (“COVID-19”) has disrupted events, supply chains, sales, and entire industries. As a result, businesses are going to look to their property insurers to recuperate lost business income, as well as expenses related to cleaning, sanitizing and decontamination. The first lawsuit alleging...

COVID-19 and Antitrust? An Announcement from the Department of Justice [Alert]

March 18, 2020

David Reichenberg and Jonathan Grossman discuss the DOJ's warning against violations of antitrust laws in the manufacturing, distribution, and sale of public health products such as face masks, respirators, and diagnostics.

Force Majeure from the Trenches: Cancelling Contracts in the Midst of a Global Pandemic [Alert]

March 18, 2020

Michael D. Rafalko discusses factors to consider when canceling a contract due to force majeure.

Texas Governor Requests Small Business Administration Disaster Loans [Alert]

March 18, 2020

Aaron Holt discusses steps the governor of Texas has taken to secure to long-term, low-interest Economic Injury Disaster Loans (EIDL) for businesses and private nonprofits.

USCIS Announces Cancellation of all In-Person Appointments and Interviews to Combat COVID-19 [Alert]

March 18, 2020

Fran Rayer and Beth Olivera explain what the USCIS canceling all face-to-face appointments, interviews, and events, including asylum interviews and citizenship ceremonies, means for applicants and petitioners.

HHS Issues EMTALA Waivers As a Result of the COVID-19 Pandemic [Alert]

March 18, 2020

Greg Fliszar discusses HHS's waiver of certain requirements of EMTALA in an effort to help hospitals being overrun and having capacity issues in their emergency rooms as a result of the COVID-19 pandemic.

Coronavirus and Commercial Real Estate Leases [Alert]

March 18, 2020

Christian Bruno, Matt Robbins, Jon Schoenwetter, and Erin Szulewski discuss the impact the COVID-19 outbreak is having on commercial real estate assets whose tenant occupants are experiencing complete or partial shutdown of their business operations.

IV-57-Coronavirus Breaking Developments: Part 2 of 2 [Podcast]

March 17, 2020

In today's Part 2 of 2 this week, I rebroadcast the audio of Cozen O'Connor's 90-minute webinar in its entirety, entitled "Coronavirus and the Workplace." The discussion addresses the current status of the outbreak, as well as OSHA, ADA and other implications for employers, and frequently asked...

Working from Home in the Age of COVID-19 — Answers to 10 Questions Employers Should Be Asking [Alert]

March 17, 2020

Peter Ennis and Michael Hanlon answer the questions employers should be asking as the workforce moves to telecommute.

Illinois Shuts Down Most Gatherings, Expands Unemployment Benefits [Alert]

March 17, 2020

Jim Argionis discusses recent executive orders impacting Illinois's citizens and businesses.

FAA Grants Airlines Relief From U.S. Airport Slot-Use Restrictions in Response to Coronavirus [Alert]

March 16, 2020

David Heffernan discusses the FAA's announcement that carriers that cancel or reduce service at U.S. slot controlled airports will not forfeit their slots.

IRS Announces High Deductible Health Plans Can Cover COVID-19 Expenses Without Applying a Deductible [Alert]

March 16, 2020

Robert Kaplan discusses the IRS Notice 2020-15 allowing employers to relax deductibles and other out-of-pocket limits for coronavirus-related expenses.

Coronavirus Issues for Commercial Real Estate Owners [Alert]

March 16, 2020

Paul Rutter discusses what property owners need to do now in relation to their properties and the coronavirus.

Property Insurance Coverage Issues Associated with COVID-19 [Alert]

March 16, 2020

Joe Ziemianski, Melissa Brill, Alycen Moss, Stephen Pate, and Paul Ferland discuss how courts have analyzed and applied first-party property policies for these types of non-physical losses, potential coverage under a civil authority provision, and pollution/contamination exclusions.

Public Company COVID-19 Disclosures and Mitigating Securities Litigation Risks [Alert]

March 16, 2020

Joseph Dever, Linda Regis-Hallinan, and Andrew Punzo discuss the SEC's announcement regarding public disclosures in a company's periodic report in light of COVID-19.

Keep Calm — and Look at Your Contract(s) [Alert]

March 16, 2020

Barbara Muller discusses force majeure clauses and other codes and laws that may be applicable to defending your contracts in the wake of the coronavirus.

Model Coronavirus Response Plan

March 16, 2020

David Barron and John Ho designed a response plan for employers facing coronavirus, along with questions for employees.

IV-56-Coronavirus Breaking Developments: Part 1 of 2 [Podcast]

March 15, 2020

This special weekend episode (Part 1 of 2) summarizes brand new emergency legislation that passed the U.S. House of Representatives over the weekend that will provide immediate changes to the FMLA and paid sick leave laws for coronavirus-related circumstances. The episode also discusses new...

Mayor to Announce District of Columbia Will Operate Under a Telework Schedule [Alert]

March 13, 2020

Meridith Moldenhauer discusses systems that may be impacted by D.C. mayor's decision to operate under a telework schedule beginning March 16.

Medical Inquiries and Examinations Related to Coronavirus [Alert]

March 13, 2020

David Barron and Debra Friedman answer employers' frequently asked questions when it comes to the coronavirus.

Employers Should Make Coronavirus Preparations Now [Bar Business Magazine]

March 13, 2020

Aaron Holt wrote an article discussing the action that employers should take with coronavirus within the workplace.

HIPAA and COVID-19: Balancing Public Health Concerns and Patient Privacy in the Midst of a Pandemic [Alert]

March 13, 2020

Gregory M. Fliszar and Danielle Sapega discuss the HIPAA Privacy and Novel Coronavirus bulletin and what providers and covered entities need to know during a public health emergency.

AGs and COVID-19 | Face-Mapping | 3D Printed Guns [Blog Post]

March 12, 2020

Breaking News Attorneys General on the Front Line Against Coronavirus-Related Scams Christopher Allen, a Member of Cozen O’Connor’s State Attorneys General Practice, penned a brief summary about the efforts of AGs to protect the public from scams, abuse, and fraud perpetrated by bad actors...

Rough Seas for the Cruise Industry [Alert]

March 12, 2020

Chris Kende discusses the first lawsuit filed against Princess Cruise Lines in the wake of the coronavirus epidemic.

Avoiding Online Scams in the Time of Coronavirus [Alert]

March 12, 2020

Trevor McGuinness discusses ways to avoid email scammers and hackers who may use the coronavirus as a way of accessing computers and personal information.

AGs on the Front Line of the COVID-19 Consumer Protection Fight [Alert]

March 12, 2020

Christopher Allen discusses how Attorneys General (“AGs”) are manning the front line in keeping consumers from becoming victims of scams, abuse, or fraud using the powers they have wielded for decades across a wide range of industries to combat deceptive and misleading claims and unfair business practices.

How Boards and Property Managers Should Prepare for COVID-19 in New York [Alert]

March 09, 2020

Leni Cummins and Jennifer Miller outline how property owners, managers, and boards should prepare themselves for the coronavirus.

DOT Clarifies its Enforcement Policy Regarding Coronavirus [Alert]

March 06, 2020

Rachel Welford discusses DOT's “Enforcement Notice Regarding Denying Boarding by Airlines of Individuals Suspected of Having Coronavirus.”

Settling an OSHA Citation with Enhanced Abatements? Consider Potential COVID-19 Implications [Blog Post]

March 05, 2020

It is not unusual for OSHA to request “enhanced abatements” when resolving citations. Enhanced abatement is when an employer agrees to perform certain abatement actions beyond the recognized hazard in the specifically cited standard. For example, if an employer receives a machine guarding citation...

Considerations for Addressing Coronavirus and other Epidemics in the Workplace [Blog Post]

February 26, 2020

As the evolving coronavirus virus (COVID-19) first discovered in China continues to grow in both China and other countries including the United States, businesses here need to consider a number of factors in preparing a response plan. One of the most challenging issues in dealing with any epidemic...

Addressing an Epidemic in the Workplace: Best Practices and Legal Considerations [Blog Post]

February 26, 2020

As the evolving coronavirus virus (COVID-19) first discovered in China continues to grow in both China and other countries including the United States, businesses here need to consider a number of factors in preparing a response plan. One of the most challenging issues in dealing with any epidemic...

IV-55 - Six Significant Developments to be On Your Radar [Podcast]

February 24, 2020

Today's episode looks at 6 key developments that every company should be thinking about: Coronavirus preparedness, the elimination of "at will", post-shift security check compensation, a win for salary history bans, prohibiting mandatory arbitration, and a survey on telecommuting. Download this...

A Labor Attorney Explains the Work Rules Around Getting Sick in the Office, Whether You're Facing a Small Cold or the Coronavirus [Business Insider]

January 31, 2020

David Barron wrote about company policies involving illness in the workplace and five important questions that both employees and employers should be asking.

Severe Flu Season Creates HR Challenges [Blog Post]

January 24, 2020

With the outbreak of the corona virus dominating headlines, it is a great time to dust off the company policy on dealing with flu season and infectious diseases, generally, in the workplace. Contagious diseases are particularly troublesome subjects for companies because of the varied circumstances...


Upcoming Events

The Impact of COVID 19 on the Workplace

October 16, 2020 - Webinar

John Ho will be presenting at the labor and employment law section fall 2020 meeting.

COVID-19 California Updates: New Laws and New Requirements

October 01, 2020 - Webinar

Cozen O'Connor labor & employment attorneys will be presenting this webinar on the recent bills signed in California related to COVID-19 and the workplace.

Past Events

Board Diversity: A Must Amidst COVID-19

September 10, 2020 - Webinar

Litigating Post-Coronavirus

July 23, 2020 - Webinar

Lessons from Recent Compliance Failures

June 25, 2020 - Webinar

Litigating through the Coronavirus

April 17, 2020 - Webinar

What the Stimulus Means for Your Company

March 31, 2020 - Webinar

National Small Business Town Hall

March 27, 2020 - Teleconference

In The News

PPP loans kept many small businesses afloat this summer. Without more funds, experts say a wave of bankruptcies is coming.

September 10, 2020

Brian Shaw was quoted in a Chicago Tribune article discussing an anticipated wave of bankruptcies among small businesses when Paycheck Protection Program (PPP) loans run out, absent additional funding.

Safety is the new workplace ‘perk’ job seekers will be evaluating when applying to companies

August 31, 2020

Aaron Holt spoke with Business Insider about how safety is more top of mind for employees now.

Houston attorney warns employers to prepare for wave of COVID-19 wrongful death suits

August 26, 2020

David Barron spoke with the Southeast Texas Record about how he believes there will be a large number of cases filed in front line industries and workplaces where there have been substantial outbreaks of COVID-19.

Coronavirus Complicates Workplace Drug-Testing Programs

August 14, 2020

David Barron was quoted in SHRM discussing how employers are also facing issues when handling drug-testing logistics during the pandemic.

School reopenings may create a costly dilemma for small businesses

August 11, 2020

David Hackett was quoted in the Philadelphia Inquirer discussing how fall's school schedule could affect businesses.

How Do You Require Customers to Wear Masks Without Endangering Employees?

August 04, 2020

Michele Miller and Bethany Vasquez spoke with SHRM about how businesses that ask customers to wear face masks walk a fine line between complying with mask mandates and putting employees at risk if customers refuse and respond violently.

Revised CDC isolation timeline may prompt workplace policy changes

July 29, 2020

Debra Steiner Friedman discussed with HR Dive about the CDC's guidance for those not requiring hospitalization may be useful to employers in determining whether employees who have COVID-19 may return to work.

As businesses reopen, workers face a new challenge: getting in the door

July 24, 2020

Michael Schmidt was quoted in Newsday discussing COVID-19 screening for returning to work.

Some employers have illegally fired workers who refuse to sign COVID liability waivers

July 23, 2020

David Barron was quoted in Yahoo! Finance discussing employers requiring employees to surrender their right to sue over COVID-19.

Workers turn into amateur sleuths to track virus cases

July 19, 2020

Aaron Holt was quoted in The Washington Post discussing employers providing a safe work environment during the COVID-19 pandemic.

School Closings Shaping Up As Next Headache For Employers

July 17, 2020

David Barron was quoted in Law360 discussing the possible impact of the upcoming school year on employers.

Parents Raise Concerns About Philadelphia School District’s Reopening Plan

July 15, 2020

David Barron spoke with CBS Philly about the challenges families face with schools reopening.

Cozen O'Connor Group Tackles Surge Of Virus-Driven Lease Disputes

July 09, 2020

Matt Weinstein discusses the formation of Cozen O’Connor’s Real Estate Lease Restructuring Practice, a multidisciplinary team assembled to address the growing needs of landlord and tenant lease renegotiation issues that have resulted from the COVID-19 pandemic in Law360.

The Legal Implications of COVID-19 in the Workplace

July 08, 2020

David Barron spoke with Supply Chain Brain about the legal issues for employers that might arise from employees contracting COVID-19 in the workplace.

How Can Employers and Businesses Protect Their Workers?

July 06, 2020

David Barron discussed with NBC Bay Area about the challenges many businesses and employers are facing as they try to reopen while also protecting the health of their workers.

Want Workers To Sign COVID-19 Waivers? Don't Go There.

July 01, 2020

David Barron spoke with Law360 about whether employers should have employees sign COVID-19 liability waivers.

Can you get fired for protesting? Or spouting off on social media?

June 15, 2020

Aaron Holt was quoted in the Chicago Tribune discussing anti-discrimination protections and incendiary conduct in the workplace.

Marrying Yesterday’s Basis with Today’s Underwriting: Players Unpack What’s Unfolded

June 15, 2020

Duane Montgomery was featured in the Commercial Observer about a panel he moderated about commercial real estate and COVID-19.

Co-op and Condo Boards Need to Prepare for a Possible Second Wave

June 12, 2020

Leni Cummins discusses efforts condo and coop boards can take now to protect and prepare themselves for a possible second wave of the virus in Habitat magazine.

My loved one died without a will—now what?

June 01, 2020

Amanda DiChello discusses the implications of individuals dying without a will or estate plan, a growing issue during the coronavirus pandemic, in Fox Business.

Lawyering Through Covid-19: What We’ve Heard From the Practices

May 28, 2020

Blake Coblentz was quoted in Bloomberg Law about how the COVID-19 pandemic is impacting a cross-section of practice groups and industries.

Employers Could Mandate Heath Checks As Businesses Open, Attorney Says

May 27, 2020

Jeremy Glenn spoke with CBS 2 Chicago about the legal issues and questions surrounding health checks that employers may start mandating for workers.

Businesses are reopening. If you’re older or sick, what happens to your job?

May 22, 2020

Walter Stella was quoted in The Olympian discussing about the workplace reopening with questions that linger about how protections will shield workers who are older or have medical conditions in the time of the coronavirus.

If your unemployment claim was denied, here are your options

May 19, 2020

David Barron was quoted in Fortune discussing what people should do if their unemployment claim is denied.

Mailbag: Should our company set up on-site testing for COVID-19?

May 15, 2020

Debra Friedman was quoted in HR Dive about what should be considered if an employer offers onsite COVID-19 testing.

The Hunt for a Leaker at the Harris County District Attorney’s Office

May 15, 2020

Aaron Holt was quoted in Texas Monthly discussing a public employee in Texas who was fired for sharing an internal email with the public.

Councilman: Resume land-use reviews – but just for Rikers

May 15, 2020

Ken Fisher discusses New York City Council Member Costa Constantinides’ request for the city to restart its land use review process for the Rikers Island Public Place Mapping amid the COVID-19 pandemic in The Real Deal.

Vermont gov. orders in-state employees to take health, safety training ahead of reopening

May 12, 2020

Cozen O'Connor Labor & Employment attorneys were mentioned in HR Dive discussing re-opening guidelines from the COVID-19 pandemic.

Back to Work with Ed Langhammer

May 12, 2020

Ed Langhammer appeared on KGO 810AM discussing Governor Gavin Newsom's plan to return Californians to work.

Wake Up With WURD

May 12, 2020

Debra Friedman appeared on WURD to talk about practical and legal issues surrounding health checks in the workplace during the COVID-19 pandemic.

COVID Crimes: White Collar Cases To Expect From The Crisis

May 11, 2020

Niki Sprinzen was quoted in a Law360 article discussing white collar cases such as price gouging and insider trading that are likely to result from the COVID-19 pandemic and the resulting economic fallout.

Self-employed started applying for unemployment benefits Monday, but there’s a catch

May 11, 2020

Jeremy Glenn was quoted in the Chicago Tribune discussing how it is complicated for states to set up systems for awarding assistance to the self-employed during the COVID-19 pandemic.

Lobbyists prepare for fight over the next coronavirus bill

May 08, 2020

Patrick Martin was quoted in Politico discussing the industries that have been impacted by the COVID-19 pandemic.

Employee rights during the coronavirus

May 08, 2020

David Barron was quoted in the Defender Network discussing the rights employees have if they refuse to return to work as businesses begin to reopen.

Worker sues after being fired for refusing to violate shelter-in-place order

May 08, 2020

David Barron was quoted in HR Dive discussing the risks employers have in reopening business from the COVID-19 pandemic.

Getting to Work in a Pandemic: The Next Challenge

May 07, 2020

Susan Eisenberg was quoted in SHRM discussing the challenges employers face when returning to business during the COVID-19 pandemic.

Psychiatrists start support line for doctors fighting coronavirus

May 07, 2020

Greg Fliszar and a group of psychiatrists launched the Physician Support Line to help doctors deal with the stress of combating the coronavirus crisis, with more than 600 people now volunteering in shifts to help.

Iowa Law Alum Talks Labor and Employment Law in the Wake of COVID-19

May 07, 2020

Jeremy Glenn discussed with the University of Iowa Law School how labor and employment law is impacted by the COVID-19 pandemic.

Don’t Get Cocky: Firms May Not Be Prepared for Long-Term Remote Work

May 07, 2020

Trevor McGuinness and Brian Kint were quoted in a article regarding the legal industry's transition to remote work and how a permanent switch would impact new security and IT policies.

Pro Bono Lawyers at Weber Gallagher, Cozen O'Connor and Other Firms Have Gotten Creative in COVID-19 Response

May 06, 2020

Greg Fliszar and Danielle Sapega were quoted in The Legal Intelligencer about their pro bono work with the Physician Support Line during the COVID-19 pandemic.

Returning To Work: Employment Attorneys Talk Safety In The Office

May 05, 2020

Jeremy Glenn spoke with CBS 2 Chicago about the ever changing job market during the COVID-19 pandemic.

How to Handle More Work-from-Home Requests

May 05, 2020

Susan Eisenberg was quoted in SHRM discussing the challenges employers face with employees working from home during the COVID-19 pandemic.

5 compliance tips for reopening the workplace

May 04, 2020

David Barron spoke with HR Dive about how the recall of employees could present a series of legal pitfalls for the unprepared.

Are Employers Liable if Workers get Sick with COVID-19? As Businesses Prepare to Reopen, Worker Safety is a Priority

May 01, 2020

Jeremy Glenn was quoted in the Chicago Tribune discussing the workers' compensation program, which allows employees to collect benefits for workplace injuries or illnesses without proving their employer was at fault.

How To Protect Trade Secrets During The Pandemic

May 01, 2020

James Gale was quoted in Law360 discussing the risks of protecting trade secrets now that employees are working from home during the COVID-19 pandemic.

Risk Management Best Practices For Your COVID-19 Return To Work Plans

April 28, 2020

Susan Eisenberg and Jennifer Taylor Williams appeared on the Prevention Podcast to discuss the risks involved in returning to work during the COVID-19 pandemic.

Can we require a sick employee to pass a COVID-19 test before returning to work?

April 28, 2020

Aaron Holt discussed with HR Dive about employers requiring proof of a negative COVID-19 test before permitting them to return to work.

EEOC Slows Some Processes During Pandemic

April 27, 2020

David Barron was quoted in SHRM discussing if an employee contacts the EEOC for a right-to-sue letter during the COVID-19 pandemic.

How to Protect Yourself if You're Forced to Return to Work

April 24, 2020

Nandini Sane was quoted in Life Hacker discussing what employees should do if they do not feel safe returning to work when stay at home orders are lifted.

‘Work Sharing’ Offers Lifeline to Companies Eyeing Virus Rebound

April 23, 2020

George Voegele was quoted in Bloomberg Law discussing employer concerns with "work sharing" that allows employees to tap into jobless benefits when their hours are reduced.

Furlough vs. layoff? As more workers lose their jobs, here’s what to know about your rights and benefits

April 22, 2020

David Barron spoke with Fortune about the rights that furloughed employees have.

As Unemployment Claims Grow, Here Are Answers To Some Of Your Biggest Questions

April 21, 2020

Jeremy Glenn discussed with CBS 2 Chicago some of the biggest questions regarding unemployment benefits during the COVID-19 pandemic.

Punching In: The Latest COVID-19 Benefits, Liability Questions

April 20, 2020

Jonathan Grossman was featured in a Bloomberg Law article discussing how the feds are on the lookout for staffing agencies, recruiters, and businesses colluding to fix pay rates, limit hours or prevent workers from changing jobs, in violation of antitrust law.

How to Safeguard the Privacy of Workers with COVID-19

April 20, 2020

David Barron was quoted in SHRM discussing what employers should do when an employee test positive for COVID-19.

The Reopening Challenge: 5 Tips for Getting Back to Business

April 17, 2020

David Barron was quoted in Inc. discussing the challenges that employers will face when they reopen their business during the COVID-19 pandemic.

What to know about applying for gig work during the pandemic

April 15, 2020

Jeremy Glenn was quoted in Ozarks First discussing if taking a gig job disqualifies someone from applying for unemployment insurance during the COVID-19 pandemic.

Employers need to have a game plan now for returning to work after coronavirus

April 15, 2020

David Barron spoke with Employee Benefit Adviser about employers preparing to reopen nonessential businesses.

Volunteer Lawyers for the Arts

April 15, 2020

Peter Ennis was featured in the Greater Pittsburgh Arts Council “Volunteer Lawyers for the Arts" Coronavirus edition newsletter.

Workers now deemed ‘essential’ want more: How the coronavirus crisis might bring permanent labor gains on unionizing, sick leave and other issues

April 14, 2020

Jeremy Glenn was quoted in The Olympian discussing companies that plan to keep expanded paid sick leave around once the coronavirus pandemic ends.

What businesses must disclose when a worker is diagnosed with COVID-19

April 13, 2020

Peter Ennis discussed with Newsday what actions employers should take when an employee tests positive for coronavirus.

County officials say they must know more about patients to help first responders

April 10, 2020

Greg Fliszar was quoted in The Citizens' Voice discussing what hospitals and health systems can release publicly regarding coronavirus due to HIPAA.

What Does a Furlough Mean for Your Employment Rights During the Coronavirus Crisis?

April 10, 2020

David Barron was quoted in Getaka discussing the difference between being furloughed and being laid off.

Can you be sent home without pay for having a fever?

April 08, 2020

David Barron spoke with CNBC about employers checking the temperature of employees.

Employers See Strings Attached In $500B CARES Act Relief

April 03, 2020

Niki Sprinzen was quoted in a Law360 article discussing the oversight by a newly created special inspector general of the $500 billion CARES Act that could result in an increase in enforcement and litigation similar to that seen in the aftermath of the 2008 financial crisis.

Forgivable Loan Apps Start Today And Will Be Big For Startups Facing COVID-19 Disruptions

April 03, 2020

David Barron was quoted in Crunchbase discussing the COVID-19 stimulus bill for small businesses in the United States.

What To Do About Rent

April 02, 2020

Danielle Garno was quoted in the Business of Fashion, discussing the best thing for tenants to do during the COVID-19 pandemic.

A Month Later, these Unemployed Workers are still Waiting for their Money

April 01, 2020

Jennifer Taylor Williams was quoted in the South Florida Sun Sentinel discussing the impact the CARES Act has on unemployed independent contractors in Florida.

What does it mean to be furloughed?

April 01, 2020

Michael Schmidt talked with CNN about why a company may do a furlough and what furlough workers should need to know.

Companies Slammed by Coronavirus Look to Cut Contributions to their Employees' 401(k)s

April 01, 2020

Jay Dorsch was quoted in USA Today discussing the impact of employee benefits with the COVID-19 pandemic.

Coronavirus Complicates OSHA Enforcement

March 31, 2020

John Ho was quoted in EHS Today discussing OSHA regulations being enforced during COVID-19.

Stimulus Package Details Emerge

March 31, 2020

Jeremy Glenn was quoted in the Chicago Daily Law Bulletin discussing the recently passed CARES Act and what it means to both employers and employees.

Here’s What Individuals, Workers and Businesses Need to Know About the Coronavirus Stimulus Package

March 27, 2020

Debra Friedman was quoted in Philadelphia Magazine discussing what the coronavirus stimulus package entails.

An Employer's Cheat Sheet For The 854-Page Virus Relief Bill

March 27, 2020

Jeremy Glenn was quoted in Law360 discussing the recently passed Coronavirus Aid, Relief and Economic Security Act.

National Town Hall: What the $2 Trillion Stimulus Means for Your Business

March 27, 2020

David Barron joined a town hall discussion about the recent stimulus package that was passed by the Senate.

$2.2T federal coronavirus stimulus package could be lifeline for many Chicago-area businesses

March 27, 2020

Jeremy Glenn appeared on ABC7 Chicago discussing the coronavirus stimulus package.

Break Quarantine? Your Co-Op Board Can Sue

March 26, 2020

Leni Cummins comments on actions that condo and co-op boards can take if their residents do not follow social distancing or quarantine advisements in The Real Deal.

Can you be fired for working from home?

March 26, 2020

David Barron spoke with CNBC about the new federal legislation that was signed into law that included changes to the paid sick leave requirements included in the Family and Medical Leave Act.

$2 Trillion Stimulus Package on the Way: Here's What's in It for Business Owners

March 25, 2020

David Barron spoke with Inc. about how the COVID-19 related stimulus package will impact employee benefits.

Could a pandemic bring EB-5 back to life?

March 25, 2020

Scott Bettridge was quoted in The Real Deal discussing the changes in the EB-5 program and how that could have an impact during a pandemic.

Coronavirus and Cannabis: Assessing the Current Challenges and Long-Term Impacts for the Industry

March 25, 2020

Joe Bedwick discussed with Cannabis Business Times about some of the broader trends he’s seeing in the market, the frequently asked questions from his clients, and what the industry might look like at the end of the global pandemic.

Here's who qualifies for coronavirus paid sick leave under new federal law

March 24, 2020

David Barron was quoted in The Times and Democrat discussing the federal government's emergency coronavirus relief law.

How the government is supporting small businesses during the coronavirus pandemic

March 24, 2020

Jeremy Glenn appeared on FOX32 Good Day Chicago to discuss actions the government is taking to address service industry furloughs and layoffs during the COVID-19 outbreak.

Employment Lawyer On Workers' Rights In A Global Pandemic

March 23, 2020

Mariah Passarelli was interviewed on WBUR to discuss what legal rights employees have during COVID-19 pandemic.

Lessons for Response Plans

March 21, 2020

John Ho was quoted in CU Today discussing companies creating a response plan during the COVID-19 pandemic.

Hospitals Tackling Virus May Need More Than Brief Privacy Waiver

March 19, 2020

Chris Raphaely discussed with Bloomberg Law about HHS using a relax enforcement of the privacy requirements during the public health emergency.

What to do if you are laid off from work due to COVID-19

March 18, 2020

David Barron spoke with Yahoo! Finance about how COVID-19 could be an exception to the rule involving the WARN Act.

Waiving Coronavirus Research Liability Driven by Lost HIV Work

March 17, 2020

Kerry McTigue spoke with Bloomberg Law about the level of urgency that the government is asking drugmakers to work towards a vaccine for coronavirus.

Congress Is Poised to Come Up With Coronavirus Aid for Small Business. Here's What to Expect

March 17, 2020

Aaron Holt was quoted in Inc. discussing the Families First Coronavirus Response Act.

No More Playrooms, Pools or Gyms as NYC Resi Buildings Hunker Down

March 17, 2020

Leni Cummins comments on how New York City high-rise, residential buildings can manage coronavirus anxiety and potential exposure in The Real Deal.

Creating a Business Response Plan to COVID-19

March 12, 2020

John Ho was quoted in New Jersey Business discussing the best practices to use in creating a business response plan during a pandemic.

What Employers can do now that the Coronavirus is in Houston

March 05, 2020

Aaron Holt was interviewed by Houston Public Media to discuss what employers in Houston should do moving forward with the rise of the coronavirus.

As Coronavirus Panic Increases, So Does Racism Toward Asian People

March 03, 2020

David Barron discussed with Best Life about how employers should take extra care to avoid workplace discrimination as coronavirus fears increase.

The Coronavirus Outbreak is Exactly Why Companies Need Pandemic Policies

March 02, 2020

John Ho was quoted in Money discussing the response plans businesses should have in place during a pandemic.

How IBM, Goldman Sachs, PwC and others are responding to the coronavirus threat to the global workplace

February 28, 2020

David Barron was quoted in The Washington Post discussing what he sees how businesses are handling coronavirus with their employees.

Coronavirus outbreak: How businesses should be preparing

February 28, 2020

Debra Friedman was quoted in the Philadelphia Business Journal discussing how businesses should handle a potential coronavirus outbreak.


Upcoming Event:

COVID-19 California Updates: New Laws and New Requirements

Webinar 10/01/2020

Cozen O'Connor labor & employment attorneys will be presenting this webinar on the recent bills signed in California related to COVID-19 and the workplace.

Event Details

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