Harter Secrest & Emery attorneys continue to monitor the COVID-19 pandemic. This page contains, and is regularly updated with, legal guidance to help employers navigate these unique and challenging circumstances.
Please also refer to our COVID-19 Federal Aid Program page that contains insights and perspectives on the entire lifecycle of participation in a COVID-19 financial aid program, including information on the government's criminal and civil fraud enforcement actions, key judicial decisions, and documents about laws, rules and forms governing the PPP and COVID-19 related EIDL program.
Upcoming Webinars
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On-Demand Webinars
For a complete listing of our webinar recordings related to COVID-19, please click here.
News | LEGALcurrents
Firm Media Coverage:
February 15, 2021 - The First PPP-Related Indictment in Buffalo Has Been Handed Down. The Enforcement Actions Are Just Beginning - Buffalo Business First
October 21, 2020 - Simplified Bankruptcy Option Could Help COVID-19-Troubled Businesses Land on their Feet - Buffalo Business First
May 29, 2020 - Phase 2 Firms Establish Precautions as They Prepare to Reopen Offices - Rochester Business Journal
May 29, 2020 - Leading Businesses Towards Brighter Days - Buffalo Business First’s Small Business - Big Mission Special Report
May 11, 2020 - COVID-19 Impact on Buffalo’s Largest Law Firms: What's Changed? - Buffalo Business First
LEGALcurrents and Media Coverage:
Corporate and Loan Programs
LEGALcurrents:
- March 15, 2021 - Additional Small Business Relief Included in Newest Stimulus Package
- December 11 - Bipartisan Emergency COVID Relief Act of 2020: Overview of PPP and Small Business Proposals
- December 31 - Stimulus Bill Creates Grant Program for Live Venues, Museums, Movie Theatres and Similiar Businesses
- December 11 - Bipartisan Emergency COVID Relief Act of 2020: Overview of PPP and Small Business Proposals
- December 22 - Additional Relief Available to Businesses Under the Stimulus Relief Package
- October 8 - SBA Issues New Guidance for M&A Transactions and PPP Loans
- July 2 - Congress Passes an Extension of the PPP Loan Application Deadline
- June 4 - Senate Passes Paycheck Protection Program Flexibility Act of 2020
- May 28 - House Approves Paycheck Protection Program Flexibility Act
- May 18 - Treasury Releases Forgiveness Application for Paycheck Protection Program Loans
- May 14 - SBA Issues New FAQs on Borrower “Good-Faith Certification” for PPP Loans
- May 6 - Treasury Extends Repayment Date for “Safe Harbor” to May 14, 2020
- May 1 - Federal Reserve Releases Additional Guidance and FAQs on the Main Street Lending Program
- April 30 - Treasury Issues New FAQs and Interim Rule for PPP Loans Regarding Borrower Audits and Maximum Loan Amount
- April 28 - Treasury Releases Additional Guidance on PPP Loans
- April 24 - SBA Issues New FAQs Regarding Borrower Certification for PPP Loans
- April 22 - Senate Passes Interim Relief Package Containing Additional Paycheck Protection Program and Economic Injury Disaster Loan Funds
- April 17 - Next Steps for PPP Loan Applicants
- April 15 - Additional Interim Final Rules Concerning Self-Employed Applicants Issued for Paycheck Protection Program Loans
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April 10 - SBA Caps Advances Under the Economic Injury Disaster Loans
- April 9 - Federal Reserve Authorizes New Loan Programs for Main Street Businesses
- April 7 - Treasury Issues Frequently Asked Questions and Answers for the Paycheck Protection Program Loans
- April 6 - What to Do If You Obtain a PPP Loan
- April 5 - UPDATED: Interim Final Rules Issued for Paycheck Protection Program Loans
- April 4 - Treasury Issues Additional Guidance on Affiliation Rules for Applicants of PPP Loans Under the CARES Act
- April 3 - Interim Final Rules Issued for Paycheck Protection Program Loans
- April 3 - The CARES Act: Relief for Residential Landlords with Federally Backed Mortgage Loans and Their Tenants
- April 1 - The CARES Act Provides Mid-Size Business and Main Street Business Loans to Help Stabilize the Economy
- March 26 - Monroe County Announces Loan Program to Support Small Businesses
- March 26 - Senate Approves Paycheck Protection Loan Program and Loan Forgiveness Under the CARES Act
- March 23 - Considerations for Suspending Business Operations Under Force Majeure Clauses
- March 23 - SBA Offers Low-Interest Loans Aimed at Small Businesses Impacted by COVID-19
News:
- March 17, 2021 - Preparing for a PPP Loan Audit - Completing the Loan Necessity Questionnaire - Rochester Business Journal
- July 17 - COVID-19’s Continued Impact on Loan Markets and the Status of Federal Aid Programs - Rochester Business Journal
- May 11 - COVID-19 Impact on Buffalo’s Largest Law Firms: What's Changed? - Buffalo Business First
- April 23 - Connections: How Small Business Owners Can Access Federal Coronavirus Relief Funding - WXXI
- April 16 - One Buffalo Banker's Reaction to PPP Running Out - Buffalo Business First
- April 16 - Will the CARES Act Help Keep Companies Afloat? - WBFO - NPR Buffalo/Toronto
- April 3 - Connections: Discussing How People Affected by COVID-19 Can Access Assistance Through the CARES Act - WXXI
Data Protection and Cybersecurity
LEGALcurrents:
News:
- July 17 - Opening the Doors Again: Don’t Forget About Protecting Your Data - Rochester Business Journal
Employee Benefits
LEGALcurrents:
- COVID-19 CARES Act Provisions and Other Employee Benefits Developments
- December 30 - COVID-19 “Stimulus Bill” Gives Employers Options to Relax Typical FSA Rules for Employees
- June 24 - IRS Issues Required Minimum Distribution and Rollover Guidance Under the CARES Act and SECURE Act
- June 4 - IRS Relaxes “Physical Presence” Requirements for Notarization for Retirement Plan Elections/Spousal Consent During 2020
- May 20 - COVID-19 CARES Act Provisions and Other Employee Benefits Developments
- May 14 - IRS Provides Additional COVID-19 Related Relief for Section 125 Plans
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May 5 - DOL and Treasury Announce Extensions of Benefit Plan Deadlines
- March 19 - Families First Coronavirus Response Act Requires Group Health Plans to Cover COVID-19 Testing
- March 18 - COVID-19 National Disaster Relief Declaration Paves Way for Employers to Provide Relief
- March 11 - IRS Issues Guidance on COVID-19 Testing and Treatment for HSA-Compatible High Deductible Plans
Government Affairs
LEGALcurrents:
- December 30 - Legislation Affects Renewal of Certain Tax Exemptions
- December 11 - NYS Government and Legislative Update for 12.11.2020
- November 30 - NYS Government and Legislative Update for 11.30.2020
- November 18 - NYS Government and Legislative Update for 11.18.2020
- November 12 - NYS Government and Legislative Update for 11.12.2020
- October 20 - NYS Government and Legislative Update for 10.20.2020
- October 7 - November 2020 Election Primer for New York
- October 6 - NYS Government and Legislative Update for 10.6.2020
- September 24 - NYS Government and Legislative Update for 9.24.2020
- September 3 - 2020 Governmental and Legislative Update for 9.3.2020
- July 24 - NYS Government and Legislative Update for 7.24.2020
- July 13 - NYS Government and Legislative Update for 7.13.2020
- July 8 - NYS Government and Legislative Update for 7.8.2020
- July 6 - NYS Government and Legislative Update for 7.6.2020
- June 25 - NYS Government and Legislative Update for 6.25.2020
- June 24 - NYS Government and Legislative Update for 6.24.2020
- June 11 - NYS Government and Legislative Update for 6.11.2020
- June 7 - NYS Government and Legislative Update for 6.7.2020
- June 2 - NYS Government and Legislative Update for 6.2.2020
- May 29 - NYS Government and Legislative Update for 5.29.2020
- May 22 - NYS Government and Legislative Update for 5.22.2020
- May 19 - NYS Government and Legislative Update - The Latest Developments for 5.19.2020
- May 14 - NYS Government and Legislative Update - The Latest Developments for 5.14.2020
- May 11 - NYS Government and Legislative Update - Regional Reopening Plan
- May 8 - NYS Government and Legislative Update for 5.8.2020
- May 5 - NYS Government and Legislative Update for 5.5.2020
- May 1 - NYS Government and Legislative Update for 5.1.2020
- April 28 - NYS Government and Legislative Update for 4.28.2020
- April 24 - NYS Government and Legislative Update for 4.24.2020
- April 21 - NYS Government and Legislative Update for 4.21.2020
- April 15 - NYS Government and Legislative Update for 4.15.2020
- April 13 - NYS Government and Legislative Update for 4.13.2020
- April 9 - NYS Government and Legislative Update for 4.9.2020
- April 6 - NYS Legislative Session Update for 4.6.2020
- April 2 - 2020 - 2021 New York State Budget Update
- March 31 - NYS Legislative Session Update for 3.31.2020
- March 30 - NYS Legislative Session Update for 3.30.2020
- March 29 - NYS Legislative Session Update for 3.29.2020
- March 27 - NYS Legislative Session Update for 3.27.2020
- March 26 - NYS Legislative Session Update for 3.26.2020
- March 25 - NYS Legislative Session Update for 3.25.2020
- March 24 - NYS Legislative Session Update for 3.24.2020
- March 23 - NYS Legislative Session Update for 3.23.2020
- March 22 - Updates to Governor Cuomo’s Executive Order and Empire State Development Guidance
- March 20 - Recent Update on Governor Cuomo’s Executive Orders and NYS Budget Negotiations
- March 20 - Governor Cuomo Mandates 100% of Workforce of Non-Essential Businesses Stay Home
- March 19 - Governor Cuomo Elaborates on Workforce Reduction Executive Order
- March 18 - Governor Cuomo Announces Executive Order on Non-Essential Business
- March 17 - 2020 Legislative Session Update - The Latest Developments
- March 16 - The Latest on the Impact of the COVID-19 Pandemic on the New York State Legislative Session
Immigration
LEGALcurrents:
- June 30 - Updates to President Trump’s Immigration Travel Restrictions: Amendment to ‘Valid Visa’ Exception
- June 23 - President Trump Suspends Entry of Certain Temporary Visa Holders, with Significant Exceptions
- April 23 - New Immigration Ban Will Have Limited Impact on Employment-Based Immigration
- April 21 - President Trump Announces Plan to Suspend Immigration to U.S.
- April 2 - COVID-19 Immigration Implications for Employers
- March 12 - COVID-19 Travel Restriction Implications for Foreign Nationals
Labor and Employment
LEGALcurrents:
- March 16, 2021 - Effective Immediately, New York Law Requires Paid COVID-19 Vaccination Leave
- January 26, 2021 - Guidance from the NY DOL on COVID-19 Sick Leave Places New Obligations on Employers
- April 14 - UPDATED: FAQs on Providing Face Coverings for Essential Employees in New York
- April 13 - FAQs on Providing Face Coverings for Essential Employees in New York
- March 22 - Updates to Governor Cuomo’s Executive Order and Empire State Development Guidance
- March 20 - Recent Update on Governor Cuomo’s Executive Orders and NYS Budget Negotiations
- March 20 - Governor Cuomo Mandates 100% of Workforce of Non-Essential Businesses Stay Home
- March 19 - Governor Cuomo Elaborates on Workforce Reduction Executive Order
- March 18 - Governor Cuomo Announces Executive Order on Non-Essential Business
- March 18 - Update on Paid Sick Leave Legislation
- March 6 - Guidance for Employers on Responding to the Coronavirus
News:
- April 2, 2021 - Months In, Employers Still Debate Mandatory COVID-19 Vaccinations - Buffalo Business First
- March 16, 2021 - COVID Vaccine Sick Time: What Employers Need to Know - 13 WHAM News
- September 8 - Legal Guidance a Necessity for Companies Amid Coronavirus Uncertainty - Rochester Business Journal
- June 23 - Remote Work Is Also a Matter of Diversity and Inclusion - Rochester Business Journal
- June 1 - It’s Time for More Employees to Return to the Workplace. But What If They Refuse? - Buffalo Business First/Buffalo Law Journal
- May 14 - Lawyer to Businesses Reopening Friday: ‘Go Above and Beyond State Guidelines’ - News 8 WROC
- April 2 - Businesses Seeking Essential Status - The Daily Record
- March 25 - Amid Pandemic, Webinars are a Virtual Necessity - Buffalo Business First/Buffalo Law Journal
- March 12 - Employers Left with Plenty of Coronavirus-Related Questions - 13WHAM
- March 12 - Coronavirus and Paid Leave: What are my rights as an employee in New York? - Democrat & Chronicle
Litigation
LEGALcurrents:
- December 30 - Legislation Affects Renewal of Certain Tax Exemptions
- May 13 - COVID-19 and Restrictive Covenant Agreements: Is a Wave of Enforcement Disputes Coming?
- March 27 - Resolving Your Disputes in the Age of COVID-19
- March 27 - Unprecedented: The Response of New York Courts to the Coronavirus Pandemic
News:
- July 10 - Pandemic Litigation is on the Horizon - Buffalo Business First
- May 1 - Local Attorneys Weigh in on Force Majeure Clauses, Employment During COVID-19 - Rochester Business Journal
Real Estate
LEGALcurrents:
News:
- November 30 - Things to Consider Post-COVID for Commercial Landlord-Tenant Relationships - The Daily Record
- July 29 - Initiation Fees May Be Doorway to Needed Revenue for HOAs During Pandemic - The Daily Record
- July 6 - New Laws Covering Residential Real Estate and the COVID-19 Emergency - The Daily Record
- July 6 - Seek Protections from Landlord Before Signing a Sublease - The Daily Record
- June 1 - COVID-19 Brings Commercial Lease Enforcement Issues - The Daily Record
- April 29 - Coronavirus Triggers Rent Abatement Negotiations in Commercial Leasing - The Daily Record
- April 17 - Real Estate Investment Market May Look Different Post-COVID-19 - Rochester Business Journal
- March 31 - COVID-19 Presents Unique Challenges for Commercial Leasing - The Daily Record
Securities
LEGALcurrents:
- December 16 - SEC Settles First Enforcement Action Against a Public Company for Alleged Misleading Disclosures on COVID-19
- July 23 - SEC Updates COVID-19 Related Disclosure Guidance
- May 13 - Nasdaq Follows NYSE in Easing 20% Rule
- May 12 - SEC Provides Temporary Relief to Help Expedite Access to Capital for Reg CF Offerings
- May 8 - SEC Issues COVID-19-Related FAQs Offering Guidance on Deadline Relief
- May 4 - SEC Provides Guidance Regarding Investment Adviser PPP Loan Disclosure
- April 20 - Nasdaq Provides Temporary Relief for Listing Requirements Amid COVID-19 Pandemic
- April 9 - Preventative Medicine: COVID-19 and Poison Pill Plans
- March 17 - SEC Releases Guidance on COVID-19 Issues Associated with Annual Meetings of Stockholders
- March 13 - SEC Guidance and Relief Related to COVID-19
News:
- June 15 - Raising Money Became Easier for Companies – and Few People Know - Buffalo Business First
- April 17 - Real Estate Investment Market May Look Different Post-COVID-19 - Rochester Business Journal
Tax
LEGALcurrents:
- April 11 - New Net Operating Loss Guidance from the IRS
News:
- September 4 - Estate Planning for Potential Political, Tax and Economic Changes: A Guide for Trustees - Rochester Business Journal
- July 10 - Leveraging Gifts in a Low Interest Rate Environment to Save on Estate Taxes - Rochester Business Journal
- April 8 - New York Quickly Drops U.S. Virus Relief on Tax Write-Offs - Bloomberg News