Gibbons Law Alert

Gibbons Law Alert

Tagged: COVID-19

New Jersey Supreme Court Orders State and Property Tax Appeal Deadline Extensions

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Posted in Tax Abatement

On March 24, 2020

In an effort to address the severe disruption to corporate and local property taxpayers resulting from the State of Emergency declared in response to the COVID-19 pandemic, the Supreme Court of New Jersey entered an order on March 19, 2020 extending deadlines for various local tax appeals. Generally, local property tax appeals are required to be filed by April 1, or within 45 days of the bulk mailing of Assessment notices, or by May 1 where a municipal-wide revaluation or municipal-wide reassessment has been implemented. Property located in Monmouth County, by virtue of its participation in the Real Property Demonstration Program, is subject to a now-passed January 15 deadline. Under the March 19 order, the filing deadlines for local property tax appeals and counter-claims in the New Jersey Tax Court and New Jersey County Boards of Taxation are extended to the later of May 1, 2020 or 30 days after the Governor declares an end to the State of Emergency. The March 19 order also extends several deadlines related to state tax appeals to the later of May 1, 2020 or 30 days after the Governor declares an end to the State of Emergency. Generally, such appeals are to be filed with the Tax Court within 90 days of an action by the Director of...

Environmental Obligations for Businesses in New York During the Coronavirus Pandemic

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Posted in Environmental and Green Issues

On March 24, 2020

The pandemic caused by the novel coronavirus, or COVID-19, has slowed business—and activity in general in many areas of the United States—to a crawl. New York State is one of the places hit hardest by this pandemic. Indeed, at the time of this writing, New York has the highest number of confirmed COVID-19 cases in the country. Unfortunately, the spread of the virus shows no signs of relenting. Nonetheless, manufacturing, the real estate industry, and other regulated businesses continue to face environmental reporting obligations, regulatory deadlines, and potential penalties for non-compliance. Businesses and other property owners are dealing with remediation deadlines, as well as operation and maintenance obligations of environmental controls. Businesses are also rightly concerned about reporting requirements under various permits, including under such federal permitting programs as the Resource Conservation and Recovery Act and others. Meeting these obligations has become significantly complicated by the pandemic and the ancillary issues it has brought on, such as the illness of key personnel, inaccessible facilities, and other impediments. On March 20, 2020, Governor Andrew Cuomo signed Executive Order 202.8, which directs that all “non-essential” businesses implement remote work policies for 100 percent of their respective workforces, effective March 22 through April 19, 2020. The Executive Order further states that businesses that provide “essential services or functions...

Governor Cuomo Takes Action in Response to the Coronavirus Pandemic

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Posted in Employee Benefits

On March 23, 2020

New York now has the highest number of confirmed COVID-19 cases in the United States, and, unfortunately, the number continues to increase on a daily basis. In efforts to contain the spread of the virus and support those employees who have been impacted, Governor Cuomo and the legislature have acted swiftly to enact responsive laws. Relief for Employees on Orders of Quarantine or Isolation On March 18, 2020, Governor Cuomo signed into law Senate Bill S809/ Assembly Bill A10153, which provides job protection and paid leave for New York employees subject to mandatory or precautionary orders of quarantine or isolation issued by the State of New York, the Department of Health, local board of health, or any governmental entity duly authorized to issue such orders due to COVID-19. The law is effective immediately and provides sick leave to affected employees as follows: Employers with ten or fewer employees as of January 1, 2020 and a net income less than $1 million must provide affected employees with unpaid sick leave, along with job protection for the duration of the quarantine or isolation order and must provide those employees with access to Paid Family Leave and disability benefits (short-term disability) for the period of quarantine or isolation including wage replacement for their salaries up to $150,000. Employers...

Explanation of Governor Murphy’s Executive Order 107 Regarding Non-Retail or Manufacturing Businesses

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Posted in Crisis Communications

On March 21, 2020

Governor Murphy issued Executive Order 107 on March 21, 2020 (the “Order”), which requires the closure of all non-essential brick-and-mortar retail businesses, and requires all New Jersey residents to remain at home or at their place of residence unless engaging in one of nine exempted activities. Order at ¶ 2. One of the exempted activities permitting travel within the State is when a person is “reporting to, or performing, their job.” Id. However, and as it relates to this exemption, the Order requires that “all businesses or non-profits in the State, whether closed or open to the public, must accommodate their workforce, wherever practicable, for telework or work-from-home arrangements.” Order at ¶ 10. In the event that the functions of a particular employee or employees cannot be performed through a telework or work-from-home arrangement, the Order allows those employees to be at the place of employment, but the business or non-profit must make its “best efforts to reduce staff on site to the minimal number necessary to ensure that essential operations can continue.” Order at ¶ 11 (emphasis added). The Order specifically identifies certain types of employees that may need to be physically present at their place of businesses. These include the following: Law enforcement, fire fighters and other first responders; Cashiers or store clerks;...

US Patent and Trademark Office Measures Taken in View of COVID-19 Outbreak: What Applicants and You Should Know

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Posted in Patent / Trademarks / USPTO

On March 20, 2020

The US Patent and Trademark Office (USPTO) has implemented several measures over the past week to assist patent and trademark applicants in view of the COVID-19 outbreak and its disruption to businesses. The USPTO stresses that, until further notice, USPTO operations will continue without interruption. Below are the key USPTO measures and what you should know if you have a pending patent or trademark application, are planning to file such an application, or are involved actively in a PTAB proceeding. Unlike the European Patent Office and Canadian Intellectual Property Office, which have eased the burden on their patent applicants by extending all deadlines until at least the earliest April 17 and April 1, 2020, respectively, the USPTO has offered more limited relief. On March 16, 2020, the USPTO announced that it will not extend any deadlines, including new and existing patent and trademark application, prosecution, and PTAB deadlines. Instead, the USPTO will waive revival petition fees for those whose patent applications were deemed abandoned or had reexamination proceedings terminated when the effects of the COVID-19 outbreak led to a missed deadline. This waiver will also apply to trademark applications labeled abandoned or whose registrations were canceled or expired based on missed deadlines. The USPTO has stated that it “considers the effects of the Coronavirus outbreak”...

Newly Passed Bills Boost NJ’s Healthcare Industry

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Posted in Healthcare

On March 20, 2020

The New Jersey Legislature worked quickly to send Governor Murphy a package of bills to address various issues related to the coronavirus outbreak. Governor Phil Murphy has already signed legislation (A3860 and A3862) to expand access to telehealth services and to allow professional and occupational licensing boards to expedite licensure of out-of-state professionals. Assembly Bill 3860 relaxes the existing telehealth requirement and allows practitioners to provide and bill for telemedicine. Specifically, for the duration of the coronavirus public health emergency, any New Jersey licensed healthcare practitioner will be authorized to provide and bill for all medically appropriate services using telemedicine and telehealth. A practitioner who is not licensed in New Jersey may provide healthcare services under the bill using telemedicine and telehealth, provided that: (1) the practitioner is licensed in another state; (2) the services provided by that practitioner are consistent with the practitioner’s authorized scope of practice; (3) the services provided are limited to services related to screening for, diagnosing, or treating COVID-19, unless the practitioner has a preexisting provider-patient relationship; and (4) if the encounter does not relate to COVID-19, the practitioner must advise that the practitioner is not authorized to provide services and recommends that the patient initiate a new telehealth encounter with a healthcare practitioner licensed in New Jersey. The bill...

Successful Crisis Management During a Pandemic

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Posted in General Litigation

On March 19, 2020

We are living in a moment that can only be described as a crisis on multiple fronts. While the coronavirus (COVID-19) pandemic is a situation like none other, our experience advising clients through past crisis situations provides guidance on how to handle critical decisions in an uncertain and unsettling environment in a time of chaos and panic. Past experience has taught us that a crisis situation can either become a distant bad memory or turn into a disaster. Failure to handle crisis management and key decisions effectively now and in the near future can lead to devastating consequences. There are common themes and basic strategies to any crisis which bear repeating. Keep in mind that decisions are made in real time. They are also made with imperfect information, and initial decisions are magnified one hundred fold. Don’t compound the problem. The first rule of crisis management is, “do not do anything to make it worse.” In responding to the coronavirus, that means, first and foremost, to stay healthy. You and your leadership, team, and employees cannot help anyone and get back to normal if they are sick, so do not take risks with anyone’s health. Remember that credibility is key. Be honest and direct, and don’t speculate in order to tell someone what you think...

Workplace Planning for Coronavirus Concerns

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Posted in Employee Benefits / Family Leave

On March 18, 2020

As coronavirus continues to spread in the United States, employers continue to inquire how they can safeguard employees’ health and well-being while ensuring the ability to maintain essential business operations. Our advice remains the same: The best way to prevent infection is to avoid exposure. Working from home for as many employees as possible is now the new normal for most businesses. In addition, employers large and small should take the time now to assess their policies and processes, addressing specific operational and human resources plans and issues in light of the current and evolving circumstances, as well as anticipated plans as a result of the pending Families First Coronavirus Response Act. On March 14, 2020, in response to the COVID-19 pandemic, the U.S. House of Representatives passed the “Families First Coronavirus Response Act,” (H.R. 6201), which provides for a limited period of paid sick leave and expands the Family Medical Leave Act to provide an extended period of unpaid or partially paid leave for a public health emergency. The bill is now before the Senate, where it is expected to pass sometime this week. The bill contains several provisions that will impact employers with fewer than 500 employees. Employers should not make any changes to their policies and procedures until the bill is finalized...

The Coronavirus Pandemic and Your Business: How We Can Help – Litigation Issues That May Arise

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Posted in General Litigation

On March 18, 2020

A wide variety of issues are arising and are likely to arise in connection with, and in the aftermath of, the COVID-19 crisis. The Gibbons Commercial & Criminal Litigation Department is here to help, and can work with you to address these critical concerns. Breach of contract disputes stemming from the coronavirus situation are likely to be widespread. They are surfacing already and will continue to surface throughout commercial contexts and for numerous reasons, including the ever-changing landscape of market forces that are at play right now. One notable – and particularly relevant – contractual concept, force majeure, is going to be front and center. Force majeure provisions may excuse otherwise impermissible actions in certain extraordinary situations beyond the control of the party failing to perform. It is, therefore, critically important that contracts are reviewed both for the presence of (and particular language surrounding) such provisions and for any necessary notice requirements. Additionally, employment contracts are likely in jeopardy, which will inevitably lead to wrongful termination claims. Relatedly, you may need to enforce restrictive covenants – or fight their enforcement – in the aftermath of the crisis. Also likely to arise are supply chain disputes. People and companies will need goods and materials that are not going to be available, and businesses will have contracts...

The Coronavirus Pandemic and Your Business: How We Can Help – The Big Picture

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Posted in Crisis Communications

On March 18, 2020

The unprecedented scope of the response to the coronavirus (COVID-19) pandemic has drastically affected every facet of life and continues to impact our clients in a growing number of ways. Gibbons attorneys have been working closely with clients over the past weeks to navigate emergent, unexpected challenges in a wide range of areas, from the novel human resources issues that arise when an entire workforce is required to work remotely – or when workplaces or specific jobs within a workplace are not equipped for work-from-home arrangements – to perhaps first-time interactions with local, county, and state officials and regulators. Over the coming days, Gibbons will continue reaching out regularly to clients to let you know the various ways we can assist you with advice, counsel, best practices, and creative solutions for this turbulent situation, to help you ensure operational continuity and emerge from the current crisis. Please do not hesitate to contact Kevin G. Walsh, Co-Chair of the Gibbons Government & Regulatory Affairs Department, with any general questions regarding your legal obligations and options in connection with the COVID-19 pandemic. More in the “Coronavirus and Your Business” Series: Insurance Coverage in the Age of COVID-19 Economic Loss Recovery/Minimization with State and Federal Programs Force Majeure Provisions in Contracts

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