New York Business Law and Commercial Litigation Blog

Long Island business owners and residents are slowly getting used to a new way of life as restrictions on social distancing are relaxed.  On June 6, 2020, Governor Cuomo issued Executive Order 202.38 permitting outdoor dining at restaurants subject to New York State Liquor Authority (“SLA”) regulations and Department of Health (“DOH”) guidance.  The next day, the Governor explicitly limited permission for outdoor dining to those regions that had reached Phase 2 of reopening.  On…
On June 24, 2020, Long Island joined the rest of New York State, with the exception of New York City, in entering Phase 3 of re-opening for business. Those non-essential businesses permitted to re-open and resume in-person operations under Phase 3 must follow the procedures established and comply with the guidelines adopted by New York State to limit the spread of COVID-19. According to the phased re-opening of New York State, once certain health metrics…
          On June 3, 2020, the United States Patent and Trademark Office (“PTO”) launched a COVID-19 Response Resource Center (“Resource Center”) to provide a central hub for information about the PTO’s efforts and other helpful information for stakeholders and other interested parties in response to the COVID-19 pandemic.  The Resource Center is intended to improve access to PTO initiatives, programs, and other helpful intellectual property (“IP”)-related information regarding the COVID-19 outbreak.…
          In recognition that the COVID-19 pandemic has imposed significant hardships on trademark applicants and registrants, pursuant to the authority provided to it by the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act, the United States Patent and Trademark Office (“PTO” or “Office”) has waived certain trademark-related fees and has twice extended the time to file certain trademark-related documents or fees that would otherwise have been due on or after March…
The Coronavirus Aid, Relief and Economic Security Act (CARES Act), which created the Paycheck Protection Program (PPP), was signed into law by President Trump on March 27, 2020. The PPP provides government-backed loans to qualifying businesses, which may ultimately be forgiven if certain conditions are met. As nearly eight weeks have passed since the first PPP loans were disbursed, the focus has largely shifted from the loan application process to the issue of forgiveness.…
In the Jaspan Schlesinger LLP Corporate/Commercial Transactions Practice Group, I advise clients in many mid-cap mergers and acquisitions transactions.  The Group represents both buyers and sellers in these exit/change of control transactions. Last year, I moderated a five-part mergers and acquisitions Boot Camp webinar series. Each of the five installments of that Boot Camp focused on a different aspect of M&A transactions. My favorite installment addressed a transaction’s process generally. During last year’s Boot Camp…
The COVID-19 pandemic has created financial stress on our entire population.  The CARES Act signed by the President on March 27, 2020 provides financial relief for several sectors of society.  Section 4513 of the Act, entitled Temporary Relief for Federal Student Loan Borrowers, provides broad financial relief for those persons who are currently burdened with federal student loans.  The Act accomplishes this by automatically placing their student loans in an administrative forbearance from March 13,…
Continuing the trend of releasing amorphous guidance at the eleventh hour, this afternoon the Department of the Treasury (Treasury) and the U.S. Small Business Administration (SBA) released much-anticipated guidance as to whether Paycheck Protection Program (PPP) borrowers should return their loan proceeds before the safe harbor period expires tomorrow. This follows weeks of threats by Treasury Secretary Steven Mnuchin that borrowers who do not truly need PPP loans will face civil and criminal penalties if…
On April 28, 2020, pursuant to the authority provided to it by the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act, the United States Patent and Trademark Office (“PTO” or “Office”) further extended the time to file certain trademark-related documents or fees that would otherwise have been due on or after March 27, 2020.  The PTO also clarified the relief available to trademark applicants or owners who were unable to timely submit a filing or…
During a press conference on May 7, 2020, Governor Andrew Cuomo announced that the moratorium on evictions, which was originally set to expire on June 20th, would be extended through August 20, 2020. We previously posted at length about Executive Order 202.8, which provided that, beginning on March 22, 2020 at 8:00 p.m., “there shall be no enforcement of either an eviction of any tenant residential or commercial, or a foreclosure of any residential or…