COVID-19 - Bleakley Platt

Bleakley Platt’s COVID-19 Task Force is closely monitoring legal developments at the federal, New York State, and local levels. Our mission is to inform and assist our clients in understanding and adapting to the new laws, regulations, and Executive Orders affecting their businesses and personal interests during this very challenging time. We encourage our clients to check this page frequently for updates and new alerts.

If you are interested in discussing an area of specific concern, we recommend that you reach out to your primary Bleakley Platt point of contact.

Please note that the information contained on this page is provided for general information purposes only and is not intended to be, nor should be it relied upon as, legal advice or representation. If you have questions or seek legal advice about your particular situation, please feel free to reach out to the attorneys at Bleakley Platt & Schmidt, LLP, and we will arrange for a consultation. Thank you.

May 7, 2020 Covid-19

CLIENT ALERT: Landlord-Tenant Issues: Eviction Moratorium to be Extended

On May 7, 2020, Governor Cuomo announced that the prohibition on both residential and commercial evictions will be extended by sixty (60) days. The initial moratorium on evictions that took effect on March 22, 2020 was imposed for ninety (90) days and was set to expire on June 20, 2020. Recently however, the Governor has been under significant pressure from tenant advocacy groups to extend...

May 7, 2020 Covid-19

Returning to Work: Reopening the Workplace in a COVID-19 World

Although the timing, scope, and conditions for New York businesses to reopen currently remain uncertain, there is no doubt that once Governor Cuomo rescinds Executive Order 202.8 (which ordered 100% on-site workforce reduction for all non-essential businesses in New York) all businesses that are able to do so will reopen. Moreover, it seems apparent that reopening will occur long before the...

May 5, 2020 Covid-19

The SECURE Act and Retirement Accounts

The retirement account has long been an advantageous tool for tax and estate planning. Workers could defer taxes on earnings by contributing to these accounts and deferring tax on distributions until they retired. Beneficiaries who inherited retirement accounts were able to “stretch” distributions over their lifetimes and therefore defer the income taxes resulting from such distributions....

May 5, 2020 Covid-19

Client Alert: Landlord-Tenant Issues – New York Tenant Safe Harbor Act

On April 7, 2020, new tenant friendly legislation was introduced in the New York State Senate and Assembly. Titled the “New York Tenant Safe Harbor Act,” it would prohibit a landlord from evicting a tenant due to that tenant’s failure to pay rent for a period (i) commencing with the Governor’s declaration of a State of Emergency on March 7, 2020 and (ii) ending on a date six (6) months after...

May 5, 2020 Covid-19

Client Alert: Business Interruption Insurance Coverage: Federal Legislation May Be On The Way

Insurance coverage for business interruption losses caused by the COVID-19 pandemic is the subject of proposed legislation in New York and a number of other states, as well as several lawsuits already commenced by insureds (see our other Client Alert about NY’s proposed legislation here). But whereas those efforts are largely directed at requiring insurers to provide coverage under existing...

April 28, 2020 Covid-19

Client Alert: Impossibility, Frustration of Purpose, and Impracticability: Doctrines that may excuse contractual performance during the COVID-19 pandemic

In a previous Alert, we discussed how the operation of a force majeure clause in a contract may excuse a party’s performance in whole or in part. But what if a contract does not contain a force majeure clause? Other legal doctrines may still come into play to excuse performance under the circumstances created by the current COVID-19 pandemic. Impossibility of Performance: The doctrine of...

April 28, 2020 Covid-19

Client Alert: Estate Planning and the Coronavirus

Due to the COVID-19 pandemic, it is more critical than ever for everyone to have updated estate planning documents in place, especially individuals who are at high risk from the virus or have jobs that require close interaction with the public, such as essential medical professionals, police officers and firefighters. The attorneys in our Trusts and Estates practice group are able to meet...

April 23, 2020 Covid-19

Client Alert: Is the COVID-19 Pandemic a Force Majeure Event?

The COVID-19 pandemic is causing businesses across the US to consider, many for the first time, the operation and effect of a mostly neglected provision in their contracts: the force majeure clause. A force majeure clause allows a party to suspend or discontinue performance of its contractual obligations under specified circumstances. It may also limit a party’s liability. Often this clause is...

April 21, 2020 Covid-19

Client Alert: Changes to Property Tax Grievance Procedures in Westchester County

On April 20, 2020, Gov. Cuomo signed Executive Order 202.22, making some important changes to property tax grievance procedures in New York State and Westchester County in particular. EO 202.22 permits the Cities and Towns of Westchester County to move the date to file property tax grievance back one month, and allows Boards of Assessment Review to conduct their hearings remotely, if...

April 21, 2020 Covid-19

Client Alert: Virus claims are here: A range of policies may be impacted.

Many U.S. businesses are experiencing large financial losses due to the coronavirus pandemic. Last month, governments imposed severe restrictions and businesses curtailed their customary operations in response to the crisis. The loss of business income due to these events will result in significant first-party property insurance claims. The availability and scope of coverage available to...

April 16, 2020 Covid-19

Client Alert: Sweeping Changes to Medicaid Home Care, Effective 10/01/2020

While the Department of Health provided temporary relief to Medicaid recipients and applicants during the COVID-19 pandemic, the New York legislature has enacted new restrictions on Medicaid home care applications that are slated to go into effect on October 1, 2020. These restrictions were recommended by the Governor’s Medicaid Redesign Team in an effort to reduce New York State’s rapidly...

April 16, 2020 Covid-19

Client Alert: Medicaid Updates

Temporary Easing of Medicaid Documentation Requirements The COVID-19 pandemic has been a cataclysmic event for our nation’s most vulnerable, particularly the elderly. Nursing homes and assisted living facilities are on lockdown, and home care patients struggle to find and maintain care as the number of available home health aides has dropped precipitously. New Yorkers who rely on the...