BMK’S CONTINUING COMMITMENT TO OUR CLIENTS AND FRIENDS DURING THE COVID-19 PANDEMIC
In an instant, the world has changed and BMK is changing with it. As your trusted advisor, we view this difficult moment as the time to leverage the whole of our expertise, experience and strategic alliances to deliver the most vital information to you, our clients in the business community.
We are committed to assisting you in the most meaningful way, one that enables you to weather this transition and focus on the business sustainability efforts that will enable recovery.
Brown Moskowitz & Kallen
Our law firm remains fully operational. We are maintaining BMK’s commitment to seamless communications with our valued clients and others during this time of crisis. We have deployed secure remote access, conference calling (with interactive document-viewing capabilities) and virtual meeting applications. We are and will continue to be available to you whenever needed.
We recognize your need for service has elevated to a 24/7 reality. We have enabled our telecommunications system to forward calls to our partners at all times, so you can always reach your attorney, in or out of our offices.
Important Updates
We will be utilizing our website and other technologies to continuously deliver timely, mission-critical insights that will empower you and your team to more effectively navigate this crisis.
New Jersey Division of Consumer Expands Scope of Telemedicine to Include Management of Patients with Chronic Pain and Those Who Qualify for Medical Marijuana
By Richard A. West, Esq. New Jersey Division of Consumer Affairs Expands Access to Telemedicine Services, Including for Chronic Pain Patients and Patients Who Qualify for Medical Marijuana The State of New Jersey continues to increase access to telehealth services during the COVID-19 pandemic. Earlier this month, the Division of Consumer Affairs announced expansion of […]
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Executive Order #142: Governor Murphy Signs Executive Order Permitting Resumption of Non-Essential Construction, Curbside Pickup at Non-Essential Retail Businesses and Gatherings in Cars
On May 18, 2020 (the “Effective Date”), Governor Murphy’s Executive Order #142 (the “Order”) permits, inter alia, the resumption of non-essential construction, curbside pickup at non-essential retail businesses and gatherings in cars.
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SBA Provides Certainty for Good Faith Necessity Certification for PPP Loans Under $2 Million
When submitting a Paycheck Protection Program (PPP) loan application, all borrowers were required to certify in good faith that “[c]urrent economic uncertainty makes this loan request necessary to support the ongoing operations of the Applicant.”
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Executive Order #128: Governor Murphy Allows Residential Tenants to Apply Their Security Deposits Toward Rent Obligations
On April 24, 2020 (the “Effective Date”), Governor Murphy signed Executive Order #128 (the “Order”) which allows residential tenants to apply their security deposits toward rent obligations.
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COVID-19: Sole Business Owners: What Happens if I Become Symptomatic and Cannot Run My Business?
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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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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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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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 […]
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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 […]
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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 […]
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Executive Order #122: Governor Murphy Shuts Down Non-Essential Construction and Imposes Increased Responsibilities on Landlords and Retail Establishments
Effective as of 8:00 p.m. on Friday April 10, 2020 (the “Effective Date”), Governor Murphy’s Executive Order #122 shut down non-essential construction (as defined in the order) and increased the responsibilities of landlords and retail establishments.
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Executive Order #106: Governor Murphy Stays the Removal of Individuals from Residential Properties Through the Eviction or Foreclosure Processes in Response to COVID-19 Crisis
On March 19, 2020 (the “Effective Date”), Governor Murphy’s Executive Order #106 (the “Order”) stayed the removal of individuals from residential properties through the eviction or foreclosure processes.
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COVID-19: UK and China Legal and Regulatory Developments
The legal and regulatory landscape continues to develop in the United States as a result of the Coronavirus pandemic. Not surprisingly, the same is true in the United Kingdom and China.
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New Jersey Issues Outpatient Guidance For Healthcare Professionals During the COVID-19 Pandemic
By Richard A. West New Jersey Attorney General Gurbir S. Grewal and Department of Health Commissioner Judith M. Persichilli have announced practice guidance for outpatient healthcare professionals statewide during the COVID-19 outbreak.
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NJ EDA Opens Small Business Emergency Assistance Grant Program on April 3, 2020
COVID-19: NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY (NJEDA) WILL OPEN APPLICATIONS FOR ITS SMALL BUSINESS EMERGENCY ASSISTANCE GRANT PROGRAM (EMERGENCY GRANT PROGRAM) ON APRIL 3, 2020 FIRST COME, FIRST SERVED: APPLICATIONS CLOSE APRIL 10, 2020 LIMITED TO NJ SMALL BUSINESSES WITH 1 – 10 FULL TIME EQUIVALENT EMPLOYEES (FTEEs)
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Covid-19: CARES Act Provides Assistance for Individuals
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) provides aid to independent contractors and self-employed individuals, in addition to providing aid to businesses.
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COVID-19: Paycheck Protection Program (PPP) Loan Application Now Available; Initial Application Dates Under the CARES Act
The Paycheck Protection Program (the “PPP”) is one of the loan programs administered by the Small Business Administration (the “SBA”) that will be available to small businesses as a result of the Coronavirus Aid, Relief and Economic Security Act (the “CARES Act”).
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COVID-19: SBA Offers Economic Injury Disaster (EIDL) Grants To EIDL Applicants
In connection with the SBA’s EIDL Program, a borrower applying for an EIDL loan can request an advance on the loan of up to $10,000 to be used for authorized costs (such as paid sick leave, payroll, rent and increased supply chain costs).
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Commercial Landlord Response to Covid-19
Several of our landlord clients have been approached by tenants (retail and office) seeking rent relief in various forms due to the COVID-19 crisis. The requests have come from a broad range of tenants — from small business owners to large corporations.
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Covid-19 and New Jersey Economic Development Authority Relief Programs
On March 26, 2020, the New Jersey Economic Development Authority (NJEDA) initiated numerous programs aimed at helping New Jersey businesses weather the COVID-19 crisis.
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Covid-19 and the Paycheck Protection Program Under the Cares Act
The CARES Act, which became the law on March 27, 2020, includes the Paycheck Protection Program (PPP), which is a new loan program created under Section 7(a) of the Small Business Act. The PPP covers the period February 15, 2020 through June 30, 2020 and is a vital lifeline for small businesses suffering the negative […]
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COVID-19 AND SBA Economic Injury Disaster Loans
The Small Business Administration (SBA) recently launched its Economic Injury Disaster Loan (EIDL) program aimed to provide relief to small businesses suffering negative economic impact as a result of the COVID-19 outbreak.
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New Jersey Fast-Tracks Licensure of Out-of-State Medical Professionals in Response to the Escalating COVID-19 Crisis
Last week, New Jersey Attorney General Grewal announced a temporary waiver of certain regulatory requirements to facilitate the licensure of out-of-state medical practitioners, in anticipation of high demand for healthcare services throughout the state as the COVID-19 crisis escalates.
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Coronavirus and Business Interruption Coverage: A Realistic Assessment
Unfortunately, many businesses that had the foresight to procure business interruption coverage are likely to find that business interruption policies will not provide coverage for the economic harms arising from the pandemic.
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COVID-19 Crisis and Force Majeure Clauses
How should a business respond when it or its counterparty cannot fulfill obligations under an existing agreement or when entering into a new business relationship? There are myriad practical and legal answers to the question.
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COVID-19 Business Sustainability Checklist
Our world has changed suddenly and BMK is responding and is prepared to meet your needs. As your trusted advisors, we are ready to leverage our expertise, experience and strategic alliances to provide needed counsel in these trying times.
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Guest Articles Submitted to Us
BMK is committed to providing a broad range of business intelligence to our clients, colleagues and friends during these trying times. The articles in this section are presented by guest authors who are experts in their respective fields. If you have any questions regarding the articles in this section, please contact Kathleen McMorrow, kmcmorrow@bmk-law.com.
WE RESPECT YOU. YOUR TIME
AND YOUR ASSETS
We urge you to reach out to us at any time. We are here to help you leverage applicable clauses in your legal agreements, negotiate new terms with creditors, suppliers and vendors, navigate new legislation that may provide relief to your business from government agencies and develop legal solutions to previously unforeseen circumstances.
For your convenience, to obtain general information, guidelines and regular updates concerning COVID-19, please visit:
https://www.cdc.gov/coronavirus/2019-ncov/cases-in-us.html.