New York

Expert Analysis

• What COVID-19 Means For Opportunity Zone Projects

  Excerpt from Lexis Practice Advisor

  

  Opportunity zone project owners nervous about upcoming deadlines can expect some leniency from the U.S. Department of the Treasury in light of the current pandemic conditions; but raising capital will likely get harder, says Jessica Millett at Duval & Stachenfeld.

• CARES Act May Propel Gig Economy Employment Law Shift

  

  The Coronavirus Aid, Relief, and Economic Security Act’s extension of unemployment benefits to independent contractors could provide insight into how gig economy employment law standards might evolve, but some proposed changes may do more harm than good, says Kevin Vozzo at Epstein Becker.

• Electric Utilities May Need Policy Help For COVID-19 Losses

  

  The closure of businesses, schools and government agencies due to COVID-19 has made it difficult for electric power providers to recover their authorized revenue requirement, so proactive policy solutions may be needed to protect ongoing provision of electricity service, say attorneys at Holland & Knight.

• Coronavirus Stimulus Fraud May Be A Target For State AGs

  

  Emboldened by their 2009 financial recovery enforcement experiences, state attorneys general are expected to play a large role in rooting out fraud, waste and abuse related to Coronavirus Aid, Relief, and Economic Security Act funds, says Jeff Tsai at DLA Piper.

• Opinion

  In #MeToo Era, Victims Must Have Choice Over NDAs

  

  States have started enacting laws that invalidate nondisclosure agreements in sexual harassment cases, but victims should have the individual choice of whether to agree to confidentiality, say Lynne Bernabei and Kristen Sinisi at Bernabei & Kabat.

• How Sellers Can Avoid Price-Gouging For 'Essential' Cannabis

  

  With the nascent cannabis industry unexpectedly being labeled "essential" and experiencing a sudden surge in consumer demand, dispensaries and operators must be careful to avoid triggering violations of state-specific price-gouging laws, say Joshua Mandell and Evelina Gentry at Akerman.

• Social Distance And Livestreams: Protecting Music Copyright

  

  As social distancing forces musical performances to be streamed live online, artists and music publishers can continue to generate income by firmly enforcing their copyrights and ensuring compliance with licensing requirements, say Tal Dickstein and Nathalie Russell of Loeb & Loeb.

• Don't Forget Firm Culture When Adapting To Remote Work

  

  While law firms suddenly pivoting to remote work due to coronavirus restrictions are busy dealing with logistical challenges, an equally pressing and perhaps more difficult task may be adjusting a long-standing brick-and-mortar culture to working remotely for the first time, say Heather Clauson Haughian and Grant Walsh at Culhane Meadows.

• Potential Federal Vs. State Conflicts Due To COVID-19

  

  When President Donald Trump decides it's time to kick-start the economy, governors will need to be prepared to answer some hard questions, like whether refusing to reopen nonessential businesses while managing the COVID-19 crisis in their states would be in violation of federal law, say David Blake and Kristina Arianina at Squire Patton.

• Novolex Case Brings Lessons On R&W Insurance

  

  A New York state court dispute between Novolex and a few of its insurers concerning coverage under a representations and warranties policy for a $267 million loss offers a rare glimpse into how a court might interpret acquisition agreements and insurance policy provisions, say attorneys at Hunton.

• Filling Void Of Consumer Collections Limits Amid Pandemic

  

  Attorneys at Cleary examine a series of state and federal proposals that may fill the current lack of restrictions on consumer debt collection during the global pandemic, as well as enforcement risks arising from COVID-19-related defaults.

• Insurers Working Remotely Should Beware Bad Faith Setups

  

  Because the current shift to remote work during the coronavirus pandemic may lead to an uptick in bad faith time-limited settlement demands, insurance carriers must remain diligent about reviewing and responding to mail promptly, says Michael Longo at Goldberg Segalla.

• How State Price-Gouging Laws Apply To Wholesalers

  

  In the current emergency climate caused by the COVID-19 pandemic, wholesale distributors must carefully consider state-level price-gouging statutes and should keep records of increased supplier, labor and material costs when charging more for certain goods, say Lawrence Silverman and Carmen Ortega at Akerman.

• Conducting Court Hearings Remotely: 12 Considerations

  

  As more courts begin to explore remote hearings during the COVID-19 crisis, attorneys and courts should be aware of some of the common concerns accompanying video- and teleconferencing technology and make allowances to avoid these issues, say Attison Barnes III and Krystal Swendsboe at Wiley Rein.

• COVID-19 May Shape NY Business Interruption Insurance Law

  

  If the New York State Legislature does not clarify whether business interruption insurance coverage extends to the current coronavirus pandemic — for example, by passing Assembly Bill A10226 introduced last month — then the battle will ultimately play out in the courts, says Massimo D'Angelo at Adam Leitman.