Instant Insights / Coronavirus and New York's Legal Community

News

Cuomo Offers 4-Phase Plan to 'Reopen' NY, With Professional Services in Step 2

Ryan Tarinelli | May 04, 2020

Phase two would include the reopening of "professional services," a definition that appears to include law firms and could dictate when attorneys start to return to in-office work. Hank Greenberg, president of the New York State Bar Association, described the announcement as welcome news for law firms.

News

Law Firm Office Reopening Guidance: Wear Masks and Take Attendance

Christine Simmons | May 13, 2020

Guidance released by the New York State Bar Association on Wednesday includes specific steps law firms can take to prepare their offices and employees for reopening.

News

Upstate Courts Begin Return to Normal Operations May 18

Michael Marciano | May 13, 2020

New York State Court System Chief Judge Janet DiFiore and Chief Administrative Judge Lawrence K. Marks jointly announced Wednesday that upstate courts will begin a gradual return to service next week, having met safety benchmarks set by Gov. Andrew Cuomo amid the COVID-19 pandemic.

News

New York Readying Surrogate's Court for Surge in Estate Cases in Wake of COVID-19 Deaths

Ryan Tarinelli | May 14, 2020

The Unified Court System said that new uncontested estate cases involving people who died due to coronavirus-related conditions can be filed in surrogate's courts starting in the week of May 18.

News

Law Firms in NY's North Country Set for Faster Path to Reopen Offices

Ryan Tarinelli | May 13, 2020

The reopening announcement underscores differences between regions and the on-the-ground realities of the pandemic.

News

Brooklyn Supreme Court Justice Noach Dear Dies of Complications From Coronavirus

Jane Wester | April 19, 2020

Dear is the second member of the Brooklyn bench to die from COVID-19.

News

Profile

David Lat, Battling COVID-19, Speaks From Hospital About Fears, Hopes and What People Should Know

Jason Grant | March 19, 2020

Battling the novel coronavirus, Lat said that he’s experienced intermittent fever, joint aches, chills, fatigue and coughing for about 12 days, and, since last Sunday, has been pushing through labored breathing that requires him to receive oxygen.

News

Lawyer at Trusts & Estates Firm Is Severely Ill, Others Being Tested for Coronavirus

Jack Newsham | March 03, 2020

New York City officials said the 50-year-old attorney worked at Lewis and Garbuz, a trusts and estates law firm in Manhattan that lists six lawyers on its website.

Analysis

Filing for Tax Refunds Post CARES Act

Sidney Kess | May 04, 2020

In his Tax Tips column, Sidney Kess discusses aspects of the Coronavirus Aid, Relief, and Economic Security (CARES) Act. A number of the CARES Act's changes suspend or alter rules put in place by the Tax Cuts and Jobs Act (TCJA). As a result, there are several opportunities to file for federal tax refunds, which produce immediate cash for taxpayers.

Commentary

Discrimination Against Employees Without COVID-19 Antibodies

Debbie Kaminer | May 04, 2020

Policies that favor those with immunity to a contagious disease are a novel concept and have not been used in recent United States history. Because of this, it is important to begin thinking about the legal and policy issues associated with banning employees without immunity to COVID-19 from the workplace and the appropriate balance between an individual’s right to work and the public health of the nation.

Commentary

Equitably Distributing Business Values Post Pandemic

Peter J. Galasso | May 04, 2020

Through no fault of their own, those small business owners who settled their divorce cases based on pre-coronavirus conditions and a then-booming economy must seek to salvage what is left of a business that was already equitably distributed in part to the other spouse based upon an absurdly high value errantly opined at trial by a court-appointed expert .

News

Judge Rejects Feds' Bid to Quash Health Report on Brooklyn Federal Lockup

Jane Wester | May 02, 2020

The report from Homer Venters, a doctor specializing in the provision of medical care in jails and prisons, alleged serious failures in the MDC’s response to the coronavirus.

News

Cuomo Announces Closure of Schools Through End of Academic Year

Ryan Tarinelli | May 01, 2020

The decision to extend school closures had been at the center of a political spat between the third-term governor and New York City Mayor Bill de Blasio.

News

Medical Inspection of Brooklyn's MDC Showed Lack of Infection Control, Symptom Tracking, Doctor Reports

Jane Wester | May 01, 2020

The report was filed Thursday in the Eastern District of New York by lawyers from Emery Celli Brinckerhoff & Abady and the Cardozo School of Law’s Civil Rights Clinic, who are representing MDC inmates in a proposed class action lawsuit against the facility.

News

Top Cuomo Aide Details Plan to Release Pregnant Prisoners Amid Coronavirus Pandemic

Ryan Tarinelli | May 01, 2020

The move comes as the state’s prison system continues to see an increase in the number of staff and inmates infected by COVID-19.

News

Investor Suit Targets NY Firm Over COVID-19 Test Kit Deal

Tom McParland | April 30, 2020

A new securities class action, filed Wednesday in Manhattan federal court, accused New York City-based healthcare logistics firm SCWorx Corp. of misleading investors about a supposed deal to buy and resell millions of COVID-19 rapid testing kits.

News

Cuomo Dismisses Rental Assistance Idea Amid Coronavirus Pandemic

Ryan Tarinelli | April 30, 2020

Officials in parts of the nation have rolled out rental assistance programs to help residents harmed by the economic toll of the coronavirus crisis.

News

Once Again, No New Coronavirus Tests at New York City’s Federal Detention Facilities

Jane Wester | April 30, 2020

Eleven inmates have tested positive, the wardens wrote in their court-mandated report, while 72 employees across the two facilities have become sick with COVID-19.

COVID-19 Must Not Be Allowed To Interfere With Our Right To Vote

Henry M. Greenberg, President, New York State Bar Association | April 30, 2020

Henry M. Greenberg, President of the New York State Bar Association, writes: As we struggle with fear and great unpredictability, one thing is clear: Giving up on democracy is not an option.

Analysis

Managing Legal Cost and Risk in the New Normal

Emily Slater and Greg McPolin | May 15, 2020

Legal finance is an available solution for both the near-term and long-term business challenges faced by those firms and the companies they represent.

Live Coverage

'How Do We Deal With Stolen Joy?' State Bar's Private Support Group on Zoom

Jason Grant | May 15, 2020

The Bar Association's support chats are held privately, and the confidentiality of participating lawyers' names and workplaces is guaranteed. The theme for Thursday’s session? Joy, or perhaps more accurately, the struggle to find it during the times of COVID-19.

Commentary

Your Doors Are Open, Now What? Top 10 Tips for Employers

Randi B. May | May 15, 2020

This article summarizes the top 10 tips for employers when navigating this uncharted territory.

Commentary

#ClosedByCOVID: The City’s Power To Save Our Small Businesses

Paula Z. Segal, Cheryl Walker and Catherine Humphreville | May 15, 2020

The City has the legal authority to suspend rents for commercial tenants impacted by the pandemic and stabilize commercial rents in the long term.

News

Judge to Lawyers in Suit Over Brooklyn Federal Inmates’ Access to Medical Care: Keep Talking

Jane Wester | May 14, 2020

Attorneys representing inmates and MDC officials were sharply at odds over whether inmates’ requests for medical care in the 1,650-person facility would receive an adequate response.

Commentary

Intelligence Community Adapts to New Realities of Security Clearance Evaluation Amid the COVID-19 Pandemic

William Smith | May 14, 2020

While the pandemic will continue to cause delays with investigations and adjudications, those seeking to gain or maintain a clearance will be expected to adhere to requirements of the process in a timely manner.

Analysis

DOJ Launches COVID-19-Related Fraud and Price Gouging Cases

Jeffrey A. Udell, Kraig Ahalt and Marc J. Armas | May 14, 2020

Expect the DOJ to continue to prioritize actions against these types of criminality in the coming weeks and months.

News

Upstate NY Judge Throws Out Suit Seeking Release of Prisoners

Ryan Tarinelli | May 13, 2020

The extent of the virus' outbreak in the prison system remains largely unknown, particularly due to a staggering lack of testing among the imprisoned population.

Paul Manafort Released to Home Confinement Over Virus Fears

Bloomberg | May 13, 2020

Since late March, at least 2,471 of 169,000 federal inmates have been released to home confinement.

Analysis

Regulators, Banks and COVID-19 Employment Guidance

Philip M. Berkowitz | May 13, 2020

Federal, state, and local regulators have sought to provide guidance to financial services employers in coping with the unique circumstances of the current coronavirus lockdown, and inevitably some of this guidance focuses on employment related issues. In his Employment Issues column, Philip M. Berkowitz discusses some of the government guidance issued so far for dealing with various concerns.

Analysis

Employment Agreements Under (Dis)stress

Jonathan S. Sack and A. Dennis Dillon | May 13, 2020

In this article, the authors consider a question that may have great salience during the present strained economic conditions: Under what circumstances will a cut in pay amount to a de facto termination which supports a claim for benefits under an employment agreement?

Commentary

Rethinking Educational Neglect

Daniel Pollack and Kathryn Krase | May 13, 2020

The means used to provide education to most children from preschool through high school has been transformed, practically overnight. The children are vital players in the unanticipated and speedy transition to mandatory distance education. How has the concept of “educational neglect” been transformed? In practical terms, has the definition of “educational neglect” been redefined? And, perhaps more importantly, should it?

News

City Bar Justice Center Expands Pro Bono Legal Hotline for COVID-19

Michael Marciano | May 12, 2020

In response to the disproportionate impact of the coronavirus pandemic on low-income communities, the City Bar Justice Center has launched an expansion of its pro bono Legal Hotline, to deal specifically with COVID-19-related legal needs of underserved New Yorkers.

News

Brooklyn Federal Lockup's Response to Coronavirus Contested by Experts in Hearing

Jane Wester | May 12, 2020

Attorneys representing federal prison officials presented evidence to demonstrate that conditions at the MDC are better than a doctor's report described and that some of his recommendations may not be needed.

News

Federal Judge Orders Cuomo to Provide Sign Language Interpreter at Daily Briefings

Tom McParland | May 12, 2020

Cuomo's briefings have become a hallmark of New York's response to the COVID-19 pandemic, offering daily updates on death counts, detailing steps the state is taking to maintain public health, and persuading persons to comply with safety measures.

Analysis

Summer in the City 2020: What Are New York City’s Legal Options for Closing or Regulating Open Spaces in Response to COVID-19?

Christopher Rizzo | May 14, 2020

In this Domestic Environmental Law column, Christopher Rizzo assesses the options for the state and City (or any municipality) to limit uses of outdoor public spaces in response to the COVID-19 pandemic and proposes a concept that is more likely to be sustainable and defensible in court.

Analysis

COVID-19 Changes to the Practice of Elder Law

Daniel G. Fish | May 14, 2020

No matter how significantly COVID-19 has changed manner in which elder law is practiced (shuttered courthouses, self-isolation, remote computing and video conferencing), the substantive law changes during this period have been even more momentous.

Commentary

Workers’ Compensation Coverage for Essential Workers With COVID-19

Robert E. Grey | May 14, 2020

There is no need for our COVID-19 heroes to await federal action which may or may not occur, and the timing and nature of which are unknowable.

News

Law Firms in Upstate NY Regions on Faster Route Toward Reopening Offices Under Cuomo Plan

Ryan Tarinelli | May 11, 2020

The regions approved for reopening—the Finger Lakes, the Mohawk Valley and the Southern Tier—have met testing standards and witnessed a decline in COVID-19 hospitalizations.

Amazon Exec Says GC's Comments About Fired NY Warehouse Worker Were 'Unfortunate'

Phillip Bantz | May 11, 2020

"Well, I think—it's unfortunate—I think it's unfortunate because—you know, I think his frustration got the better of him in that comment," Dave Clark, the tech giant's head of operations, said of Zapolsky.

News

Cuomo Extends Eviction Moratorium Amid COVID-19 Pandemic

Ryan Tarinelli | May 07, 2020

The move will extend the moratorium for another 60 days and is set to apply to both commercial and residential properties.

News

New York Will Release More Nonviolent Offenders Amid Pandemic, Top Cuomo Aide Says

Ryan Tarinelli | May 11, 2020

It was not immediately clear Monday morning how many prisoners would be released under the plan.