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Author Archives BMK Law

A Look at Alternative Lenders for Business Capital During the COVID-19 Crisis

By Nicholas B. Jalowski, Managing Director, CTP, CMC
Cambridge Financial Services, LLC

In today’s economic cessation, many companies are experiencing difficulties in getting their banks to help fund them through the COVID-19 crisis and beyond. Commercial banks are regulated institutions and are characteristically risk adverse. They are entrusted with public money and structured to avoid losses on their loans.

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May 13, 2020
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COVID-19: Sole Business Owners: What Happens if I Become Symptomatic and Cannot Run My Business?

by Norman D. Kallen, Esquire and Kristina R. Brown, Esquire

In light of the severity of the symptoms and presentation of the COVID-19 virus in individuals, we have received many inquiries about what a sole business owner should do to maintain business continuity in the event the owner becomes ill or otherwise disabled as a result of COVID-19, and, more broadly, under any other circumstances.

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Apr 30, 2020
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Protect Yourself from COVID-19 Related Frauds

Sobel & Co., LLC

by Megan Kelly, Manager, Sobel & Co, LLC

The novel coronavirus has presented incredible challenges for humans across the globe, both on a health and well-being level and an economic level. Unfortunately, scammers kick into high gear during times of crisis, preying on people in fear in order to steal money during a time when millions of Americans are already in a financial crisis.

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Apr 27, 2020
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Fournier Trucking Shows That Hiring Contractors May Be Exposed to Workers Compensation Liability and/or the Cost of Such Coverage Even For Independent Contractors

By Steven R. Rowland, Esq. [1]

Companies that rely on independent contractors in New Jersey — whether they are motor carriers, general contractors or anyone else that uses independent contractors to do their work — need to understand the legal responsibilities they potentially may have with respect to those contractors.

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Apr 23, 2020
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The Calm Before The Storm

By Daniel M. Stolz, Esq.

The COVID-19 pandemic has caused an unprecedented interruption of the U.S. economy and economies all over the world. Unemployment rates are skyrocketing, and all but businesses deemed “essential” have been forced to close. Recently, Governor Murphy ordered nearly all construction activities in the State shut down.

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Apr 21, 2020
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New Jersey Division of Consumer Affairs Issues Guidance For Telehealth Professionals During the COVID-19 Crisis

By Richard A. West

In response to the COVID-19 crisis, New Jersey Governor Philip D. Murphy has issued several executive orders to enable medical professionals to administer vital health care services to state residents while complying with the social distancing measures essential for limiting the spread of the novel coronavirus within the state.

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Apr 20, 2020
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New Jersey Announces Process For Recently Retired Healthcare Professionals to Return to Service During COVID-19 Crisis

By Richard A. West

On April 3, New Jersey Attorney General Gurbir S. Grewal announced that the State Division of Consumer Affairs has created a streamlined process to permit retired New Jersey healthcare professionals to reactivate their licenses in order to participate in the state’s response to the COVID-19 pandemic. The action comes as the state seeks to expand its healthcare capacity in response to emergency demand.

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Apr 20, 2020
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Contracting Parties Beware: COVID-19 Does Not Render All Performance Obligations “Impossible”

By Kenneth L. Moskowitz, Esq. and Michele-Lee Shapiro, Esq.*

The extraordinary circumstances surrounding the COVID-19 pandemic — including widespread illness, government stay-at-home orders, and restrictions on travel — have rendered the performance of many contractual obligations unfeasible, impractical, and, in certain circumstances, excused by the contract’s force majeure provisions. However, not every contractual duty will be deemed impossible to discharge, and contracting parties must be careful not to assume that a broad-sweeping “coronavirus defense” will excuse them from legal accountability for non-performance.

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Apr 20, 2020
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New Jersey’s Aggressive Enforcement of the CFA’s Proscription on Price-Gouging During the COVID-19 State of Emergency

by Richard A. West, Esq.

The declaration of a state of emergency on March 9, 2020 by Governor Murphy gave the Attorney General and the Division of Consumer Affairs a powerful tool to combat price gouging. Pursuant to New Jersey’s Consumer Fraud Act (CFA), sellers of goods and services are prohibited from implementing “excessive price increases” during a declared state of emergency.

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Apr 17, 2020
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