COVID-19 Update: FAQ and Other Information for Clients
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Illustration of lockAdditional Executive Orders geared towards limiting the spread of COVID-19 implemented by Governor Phil Murphy over the weekend including EO122 and 125, providing further restrictions on essential-business (retail stores and construction operations) to ensure the safety of their employees and consumers. Notably, the orders also provide for safety measures required to be taken consumers.

Among other mandates, the NJ retail businesses must now limit stated occupancy by 50% (“food businesses” are to maintain a 10% capacity, however) and provide operating hours solely for high-risk populations as defined by the CDC. Continue reading →

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In the April 9, 2020 edition of The Legal Intelligencer Edward T. Kang, managing member of KHF wrote “When to Hire Outside Lawyers to Conduct an Internal Investigation: Revisited

In early November 2019, I wrote an article about the high-profile women who had called on Comcast to conduct an internal investigation regarding the alleged widespread culture of sexual harassment within the company. I discussed this issue and the rising calls for internal investigations within many industries and companies and their importance.

Since that article was published, Comcast has not been able to leave the spotlight on this issue. If anything, the calls for an internal investigation have only grown stronger. For example, four Democratic presidential candidates (Cory Booker, Kamala Harris, Bernie Sanders and Elizabeth Warren) called on the Democratic National Committee to make a formal demand on Comcast to perform an investigation regarding sexual misconduct before the November debate which was hosted by Comcast-owed MSNBC. Also, in November, Comcast went before the U.S. Supreme Court in an appeal of a U.S. Court of Appeals for the Ninth Circuit decision permitting a $20 billion racial discrimination suit to proceed against the company. Though the Supreme Court has not yet ruled on the matter, you should keep an eye out for its decision in Comcast v. National Association of African American-Owned Media.

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Illustration of megaphoneOn Tuesday, New Jersey Governor Murphy issued the most recent in a series of orders intended to combat the COVID-19 crises, Executive Order No. 119, extending the current health emergency in the state by another 30 days. This means that, as it stands, the current public health emergency in New Jersey will last at least until May 8, 2020. Continue reading →

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Illustration of face maskAs reported in our March 25th update, New Jersey – by Governor Murphy’s Executive Order 109 – directed businesses to submit inventories on personal protective equipment (PPE), ventilators, and similar equipment.  On April 2, 2020 in Executive Order 113, Governor Murphy has now authorized the Office of Emergency Management to repossess and reallocate such resources to meet the State’s needs. Continue reading →

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Illustration of checklist with pen - title of checklist is NJ Assembly Bill 3844 on green backgroundAmong the various challenges businesses are facing throughout the COVID-19 pandemic, one is particularly garnering attention – the issue of business interruption insurance policies which are not being paid out to those who have faced losses due to coronavirus-related business closures. Business interruption insurance is designed to replace business income lost due to forced closure, typically due to natural disaster-related property damage, and is intended to cover operating expenses during the closure.  Like elsewhere in the United States, governments in Pennsylvania and New Jersey responded to the COVID-19 pandemic by, among other measures, closing non-essential businesses unless remote work is available. In light of these closures, many businesses turned to their business interruption insurance policies, only to find Continue reading →

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Illustration of courthouseLast Updated: April 3, 2020

As the COVID-19 continues to spread, each day creates a new challenge. Courts are issuing standing orders regarding delays and closures to protect the public health and ensure the courts continue to operate as effectively as possible. Below is a summary of the most recent orders issued by the Supreme Courts in New Jersey and Pennsylvania regarding certain deadlines and extensions.

On Friday, March 27, 2020, the Supreme Court of New Jersey entered a standing order regarding State court operations amidst the current pandemic, such as: Continue reading →

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Outline of NJ on pink background
April 1, 2020 Update:  As anxiously anticipated, Governor Murphy joined all other States in providing New Jersey taxpayers relief by extending the income tax deadline to July 15, 2020, the same date that federal tax filings are due under the IRS extension.  In a Joint Statement released in the late morning of April 1st, the Governor, along with Senate President Steve Sweeney and Assembly Speaker Craig Coughlin, stated they “have reached agreement that the state income tax filing deadline and the corporation business tax filing deadline will be extended from April 15th to July 15th.” They further announced that New Jersey’s fiscal year should be extended to September 30th and affirmed their commitment to “to working together to enact the necessary legislation and supplemental appropriations to accomplish these goals.” See the full text of the joint statement here.

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Last week, we posted that, after a few false starts, the IRS announced the federal income tax filing due date was automatically extended to July 15, 2020, which meant that both tax returns and tax payments originally due to be filed April 15th with the IRS are extended three months.

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Illustration of hand completing loan application on clipboard

Friday brought us significant federal legislation in response to the COVID-19 crisis in the form of the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”). In today’s update, we focus on the (likely significant) relief the Act may afford to our small business clients by opening up, and possibly forgiving repayments of, loans under Section 7(a) of the Small Business Act.

In an effort to incentivize businesses to keep employees on their payrolls during the pandemic, despite an unprecedented number of health-related business closures, the CARES Act provides Continue reading →

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Two computer monitors facing each other with hands sticking out. One hand is holding a spreadsheet and the other is holding a file.In light of the increasing spread of COVID-19, lawmakers continue to push legislation to allow the conduct of remote business despite the pandemic and various shelter-in-place and similar restrictions.  As we have experienced, the use of teleconferencing platforms such as Zoom has exploded over the last weeks, with everyone from students, business people, and government officials using these platforms to communicate with others while respecting the needs for social distancing, isolation and even quarantine.  In the last week, the State of New Jersey has passed two such bills, A3861 and A3850, which allow important meetings to be held via remote communication methods, as well as introduced another, bill A3903, which would allow remote notarial acts if it is passed into law. Continue reading →

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Nurse holding patient file and on the phone net to patient in hospital bed with cast on footOn Monday March 23, 2020 Governor Murphy issued Executive Order 109 introducing additional preventive measures to limit the spread of COVID-19 and simultaneously seeks assistance from the private healthcare community to increase the stock of PPE.

By Friday, March 27th at 5:00 p.m., all medical or dental “elective” surgeries and “elective” invasive procedures performed on adults to be suspended.  An “elective” or invasive procedure is defined as “any surgery or invasive procedure that can be delayed without undue risk to the current or future heath of the patient as determined by the patient’s treating physician or dentist.”

Healthcare providers must consider post-operation complications when determining which operations qualify as “elective” and must coordinate post-operation care with ambulatory surgery centers or hospitals that have the resources to address post-operation complications.  To that end, each hospital or ambulatory surgery center is required to establish written guidelines to ensure compliance and provide a copy to the Department of Health.  All elective surgeries or invasive procedures already scheduled after 5:00 pm on Friday March 27, 2020 are to be cancelled or postponed indefinitely, and facilities must notify patients who will be affected by EO-109.

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