Cole Schotz P.C

Cole Schotz, an Am Law 200 firm, provides legal services throughout the United States from its offices in New Jersey, New York, Delaware, Maryland, Texas, and Florida. We represent hundreds of businesses, large and small, and select individuals. Many have been clients for decades.

President Biden Enacts Executive Orders Requiring Covid-19 Vaccines Across Federal Government and in Private Sector

By Randi W. Kochman & Marissa A. Mastroianni

September 13, 2021

On September 9, 2021, President Biden released a new six-pronged national plan, the Path Out of the Pandemic (the “Plan”), to try and curb the spread of the COVID-19 pandemic.The Plan includes the following measures: 1. President Biden signed an Executive Order that all Executive Branch employees must be vaccinated with limited exceptions. Each federal agency shall develop an applicable mandatory vaccination program for its agency, with guidance to be issued within seven (7) days…

Bankruptcy & Restructuring Law

New Chapter 11 Filing – Agspring Mississippi Region

By Cole Schotz

September 10, 2021

On September 10, 2021, Agspring Mississippi Region LLC, along with four affiliates, filed a petition under Chapter 11 of the Bankruptcy Code in the Bankruptcy Court for the District of Delaware (Lead Case No. 21-11238). Agspring Mississippi Region and its affiliates are each subsidiaries of non-debtor Agspring LLC, an agriculture supply chain services company. The company reports $10 to $50 million in assets and $100 to $500 million in liabilities. Board resolutions attached to the petition…

Employment Law

Immediate Action Required: New York Designates COVID-19 as an Airborne Infectious Disease under the New York HERO Act

By Randi W. Kochman & Marissa A. Mastroianni

September 10, 2021

On September 6, 2021, Governor Kathy Hochul announced that the New York Commissioner of Health designated COVID-19 as a “highly contagious communicable disease that presents serious risk of harm to the public health” under the New York State Health and Essential Rights Act (“HERO Act”). This designation will remain in effect until further notice is issued by the State. As we previously reported, the New York State Department of Labor (“NYDOL”) published the Airborne …

Bankruptcy & Restructuring Law

New Chapter 11 Filing – ABC Carpet

By Cole Schotz

September 9, 2021

On September 8, 2021, A.B.C. Carpet Co., Inc., dba ABC Carpet & Home, along with two affiliates, filed a petition under Chapter 11 of the Bankruptcy Code in the Bankruptcy Court for the Southern District of New York (Lead Case No. 21-11591). ABC Carpet & Home is a New York City-based luxury furniture retailer. The company estimates $10 to $50 million in assets and $50 to $100 million in liabilities. As further detailed in the…

Employment Law

New Jersey Cannabis Regulatory Commission Temporarily Waives Requirement for Employers to Conduct Physical Examinations in Connection with Cannabis Drug Testing

By Randi W. Kochman & Marissa A. Mastroianni

September 1, 2021

On August 19, 2021, the New Jersey Cannabis Regulatory Commission (the “Commission”) published its long-awaited first set of Personal Use Cannabis Rules (the “Initial Rules”) regarding recreational cannabis use for adults age 21 and over under the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“NJCREAMMA”). These Initial Rules largely address licensing standards for cannabis businesses and equity and safety issues in the new marketplace. Significantly, however, the Initial Rules do not provide…

Bankruptcy & Restructuring Law

New Chapter 11 Filing – Sequential Brands Group Inc.

By Cole Schotz

August 31, 2021

On August 31, 2021, Sequential Brands Group, Inc. (NASDAQ:SQBG), together with its wholly-owned subsidiaries that own, manage and license a large-scale and diversified portfolio of consumer brands across multiple industries, filed a petition for relief under Chapter 11 of the Bankruptcy Code in the Bankruptcy Court for the District of Delaware (Case No. 21-11194). The company reports $442.8 million in assets and $435.1 million in liabilities. According to the board resolutions attached to the petition…

Bankruptcy & Restructuring Law

New Chapter 11 Filing – BL Santa Fe, LLC

By Cole Schotz

August 30, 2021

On August 30, 2021, BL Santa Fe, LLC, along with one affiliated debtor doing business as Bishops Lodge, an Auberge Resorts Collection luxury hotel and resort located in Santa Fe, New Mexico, filed a petition for relief under Chapter 11 of the Bankruptcy Code in the Bankruptcy Court for the District of Delaware (Case No. 21-11190). The company reports $50 to $100 million in both assets and liabilities. Cole Schotz does not represent the Debtors…

Environmental Law

Updates Coming to NY State Petroleum Bulk Storage and Chemical Bulk Storage Rules – Public Comment Period Extended to December 6, 2021

By Jill B. Richardson & Jullee Kim

August 23, 2021

The New York State Department of Environmental Conservation (NYSDEC) is updating its Petroleum Bulk Storage (PBS) and Chemical Bulk Storage (CBS) rules. The PBS and CBS programs regulate facilities storing small to large quantities of petroleum and other chemicals, and related spills and releases of petroleum and hazardous substances. The purpose of the updates is to harmonize the state programs with the federal regulations, as well as to provide more consistency between the state programs.…

Employment Law

Increasing COVID-19 Cases Accompanied by Increasing Employer Vaccination Policies: Can Employers Legally Require Employees to Disclose Vaccination Status and Get Vaccinated?

By Randi W. Kochman & Marissa A. Mastroianni

August 19, 2021

As the Delta variant of COVID-19 rapidly spreads across the country and offices continue to reopen with the close of summer, questions around mandatory vaccination policies are on the rise. On the heels of federal and local public employers enacting workplace vaccination policies, many private employers are now deciding to enact mandatory vaccination policies or highly encouraged vaccination policies where employees who refuse to get vaccinated are required to undergo regular COVID-19 testing or follow…

Environmental Law

Environment and Energy Get a Front Seat in the 2021 Infrastructure Act

By Heather Demirjian & Elizabeth Bogle

August 18, 2021

Upon passing the $1.2 trillion Infrastructure Investment and Jobs Act (H.R. 3684) last week, the Senate provided significant funding towards development of the nation’s environmental and energy infrastructure. The Infrastructure Act also streamlines environmental review, permitting, and approval of federal infrastructure projects. The Infrastructure Act includes funding for: Reinstatement of the Superfund Tax: The Superfund Tax is an excise tax on specifically listed chemical to fund cleanup at Superfund Sites. The Act reinstates the tax,…

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President Biden Enacts Executive Orders Requiring Covid-19 Vaccines Across Federal Government and in Private Sector

New Chapter 11 Filing – Agspring Mississippi Region

Immediate Action Required: New York Designates COVID-19 as an Airborne Infectious Disease under the New York HERO Act

New Chapter 11 Filing – ABC Carpet

New Jersey Cannabis Regulatory Commission Temporarily Waives Requirement for Employers to Conduct Physical Examinations in Connection with Cannabis Drug Testing

New Chapter 11 Filing – Sequential Brands Group Inc.

New Chapter 11 Filing – BL Santa Fe, LLC

Updates Coming to NY State Petroleum Bulk Storage and Chemical Bulk Storage Rules – Public Comment Period Extended to December 6, 2021

Increasing COVID-19 Cases Accompanied by Increasing Employer Vaccination Policies: Can Employers Legally Require Employees to Disclose Vaccination Status and Get Vaccinated?

Environment and Energy Get a Front Seat in the 2021 Infrastructure Act

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