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News, Insights & Events
Many of the attorneys in the Law Firm Alliance author articles and thought leadership pieces on important topics and trends covering a wide variety of practices.
While these articles are correct on matters of law when they are produced, verdicts, rulings, legislation and other actions may affect the applicability of some of the information. Please consult your legal advisor before making decisions on the information you read here.
Articles
Landlords and Tenants Under Stress: Negotiated Resolutions May Offer Relief
March 31, 2020
Geoffrey F. Fay
As we are all aware, the effects of the COVID-19 Virus have shuttered businesses resulting in widespread requests for rent relief from landlords that need an uninterrupted rent stream for debt service and property expenses, such as real estate taxes, insurance and maintenance and repairs. Given the likelihood that foreclosures and evictions will continue to be stayed by courts, legislatures and governors for the duration of this crisis, negotiated resolutions likely make more sense than litigation. The problem is, of course, most acute for businesses that rely on personal interaction, such as retail, restaurant and theaters, where closure eliminates all income. Where employees, such as accountants, lawyers and software engineers, can continue to work remotely, companies may continue to generate sufficient revenue to pay office rent.
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Making Estate Planning Lemonade – Part II Opportunities in a Low Interest Rate Environment
March 31, 2020
John R. Cella, Jr., Estate and Business Planning Attorney,
Ward and Smith, P.A.
Today's focus is on how the COVID-19 pandemic-related, historically-low interest rates – in addition to low asset values – create a perfect storm of estate and business planning opportunities.
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Business Immigration in the Era of COVID-19
Immigration
Joanna L. Silver, Bond, Schoeneck & King
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Does COVID-19 Excuse Performance Under Your Contract?
March 30, 2020
Michael M.K. Sebree, David M. Jolley, and Kathrin R. Dimas
In light of the ongoing COVID-19 pandemic, many businesses and individuals find themselves unable or unwilling to meet their contractual obligations. In some instances, a contract may contain a force majeure clause that specifically identifies the circumstances under which contractual performance may be excused. Case law has held that such clauses need to be interpreted very narrowly, and their application tends to be highly fact-specific. For contracts without a force majeure clause, however, the parties should look to the application of state-law principles of “impossibility,” “impracticability,” and “frustration of purpose” to determine their contractual obligations in a time of crisis.
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NOTABLE DIFFERENCES BETWEEN THE EMERGENCY PAID SICK LEAVE ACT AND THE FMLA EXPANSION ACT
March 30, 2020
Chris M. Mason,
Jennings,Strouss & Salmon, P.L.C. - Labor and Employment Blog
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The Importance of Documentation During Extraordinary Times
Labor and Employment
Gail M. Norris, Bond, Schoeneck & King
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Update Affecting School Districts Regarding New York Executive Order 202.13
School Law
Candace J. Gomez and Kristin Warner, Bond, Schoeneck & King
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Q&A: Business Financing During COVID-19
March 30, 2020
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Turning Low Value Lemons Into Estate Planning Lemonade – Part I Gifting Opportunities
March 30, 2020
Jennifer V. Boyer, Trusts and Estate Attorney,
Ward and Smith, P.A.
Impulsive decisions to try and play these market swings can derail long-term investment, business succession, and personal goals, but as part of a comprehensive estate plan, it can be fruitful to focus on the "bright spots" that present themselves in a downturn.
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FFCRA Health Care Providers Exemption: New Guidance Published
March 30, 2020
Emily G. Massey and Grant B. Osborne, Labor and Employment Attorneys,
Ward and Smith, P.A.
The U.S. Department of Labor ("USDOL"), however, recently posted new "guidance" on its Questions and Answers web page, asserting that "health care provider" has two different meanings under the FFCRA. Based on the most recent refresh of the website (as of noon on March 31, 2020), here is the latest.
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