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Client Alerts

Dunnington Client Alert: Executing a Will by Video During the Pandemic

By All, Client Alerts, COVID-19 Guidance, Estates, Trusts and Private Clients, Featured

New York is now in Phase II of reopening after the COVID-19 shut-down.  Still, many people remain concerned about what the new “normal” means when it’s still possible to contract the virus and perhaps face an untimely death.  Having an updated estate plan can provide some relief from this anxiety, and you don’t have to leave home to accomplish it.  Right now it is possible to execute a new or updated will using video technology without having to physically appear in your lawyer’s office. Read More

Dunnington Client Alert: New York State’s New York Forward Loan Fund Provides Loans to Small Businesses That Did Not Receive SBA PPP Loan or EIDL for COVID-19

By All, Client Alerts, COVID-19 Guidance, Featured

The $100M New York Forward Loan Fund (“NYFLF”) will provide working capital loans to eligible small businesses, nonprofits and small landlords that did not receive a Paycheck Protection Program (“PPP”) loan, or an Economic Injury Disaster Loan (“EIDL”) from the Small Business Administration (the “SBA”) for COVID-19 in 2020. NYFLF loans are not forgivable, and they must be paid back over a 5-year term with interest. The purpose of the program is to support businesses as they proceed to reopen after NYS on PAUSE, and have upfront expenses to comply with the New York Forward Plan guidelines, including regarding inventory, marketing, and refitting for new social distancing guidelines. Below, we outline program highlights.* Read More

Dunnington Client Alert: USPTO Launches On-line COVID-19 Resource Center and Provides Further Relief for Trademark Owners and Applicants

By All, Client Alerts, COVID-19 Guidance, Featured, Intellectual Property, Advertising, Art and Fashion Law

The United States Patent and Trademark Office has launched a “USPTO COVID-19 Response Resource Center.” Information regarding patent and patent licensing resources, innovation incentives, trademark counterfeiting and consumer fraud, and international COVID-19 related updates – including regarding the World Intellectual Property Organization (WIPO) are available here. Read More

Dunnington Client Alert: Five Essential Questions for Foreign Entities with U.S. Business Operations in Light of COVID-19

By All, Client Alerts, Corporate, COVID-19 Guidance, Employment, Featured, France Desk, Immigration, Intellectual Property, Advertising, Art and Fashion Law, International, Italy Desk, Latin America Desk

Donna Frosco, Partner

May 20, 2020

Multinational and foreign business and non-profit entities conducting business in the United States may find the layers of regulations inherent in the United States’ federal/state/local regulatory scheme rather complex in “normal” times.  For that reason, Dunnington created a “Doing Business in the United States” brochure which you can find here.

However, during the COVID-19 pandemic, things have become even more complicated. To help foreign entities with U.S. operations identify issues states-side business units may face in these unprecedented times, we offer the following questions for consideration and provide information, examples and resources which may be helpful in assessing your particular circumstances. Read More

Dunnington Client Alert: Complete This Health Care Proxy Now

By All, Client Alerts, COVID-19 Guidance, Estates, Trusts and Private Clients, Featured

We hope you are healthy and safe.  The COVID-19 crisis reminds us of the need to have a Health Care Proxy.  This can be critical if you or your family have to deal with medical emergencies.

A Health Care Proxy enables you to appoint a person you trust to make medical decisions if you are unable to make them for yourself.   When could this happen?  Read More

Dunnington Client Alert: Ten Tips For Navigating A COVID-19 Business Interruption Claim In New York

By All, Client Alerts, COVID-19 Guidance, Featured, Litigation, Arbitration and Mediation

Samuel A. Blaustein, Partner

May 5, 2020

Due to the COVID-19 crisis, New York State Courts are not currently accepting new filings of non-essential civil cases.  Emergency regulations tolling the time to file lawsuits are in place.  However, for policyholders to be certain to protect their rights, it is important to provide notice to insurers and to timely file business interruption claims. Thus, many insureds are seeking to understand whether their insurance policies cover losses attributable to COVID-19. Read More

Dunnington Client Alert: Summary of the Latest Proclamation to Limit Immigration into the USA

By All, Client Alerts, COVID-19 Guidance, Featured, Immigration

On April 22, 2020, pursuant to Immigration and Nationality Act (“INA”) sections 212(f) and 215(a) and 3 U.S.C. section 301, President Donald J. Trump issued a Proclamation “pausing” immigration into the United States of America for foreign nationals who:

  1. Are outside the United States on April 23, 2020;
  2. Do not have a valid immigrant visa on April 23, 2020; and
  3. Do not have a valid official travel document (such as a transportation letter, boarding foil, or advance parole document) on the effective date of the Proclamation, or issued on any date thereafter that permits travel to the United States to seek entry or admission.

Read More

Dunnington Client Alert: Remote Business During COVID-19: The Role of Electronic Signatures and Remote Notarization

By All, Client Alerts, Corporate, COVID-19 Guidance, Featured, Immigration, Litigation, Arbitration and Mediation

On April 16, 2020, New York Governor Andrew Cuomo extended “New York on PAUSE” to May 15, 2020.  Given current circumstances, social distancing and remote work is expected to continue into the future to reduce the spread of COVID-19.  Yet, despite the current and potential future constrictions, business must continue.  To do so, documents—contracts, legal papers, and others—are required and they still require signatures.  Electronic signatures provide an alternative to handwritten signatures.  If you are not familiar with electronic signatures—now may be the time to become acquainted. Read More

Dunnington Client Alert: Estate Planning In A Pandemic

By All, Client Alerts, COVID-19 Guidance, Estates, Trusts and Private Clients, Featured

Estate Planning In A Pandemic

Susan Rothwell, Partner

April 13, 2020

Note: Current Status of the Surrogate’s Courts.  As of this writing, the New York Surrogate’s Courts, which deal with wills, estate and trust issues, guardianships and adoptions, are open right now on a limited basis and only for essential and urgent matters.  What constitutes an essential and urgent matter for the Surrogate’s Court is being decided on a case-by-case basis and depends on which county you are in.  At the moment, anyone in NY county who needs access to a Surrogate’s Court Judge on this “essential” basis may have a private phone call with the Chief Clerk guidance and must submit any paperwork by regular mail.  No one may walk into the court without calling ahead.  All trials and hearings including guardianships and adoptions are postponed until further notice.

Estate Planning Now

In light of the devastating death toll and the ongoing threat of contracting COVID-19, it’s not surprising if you’re thinking about estate planning.  Here are some things to think about when you review your estate planning documents or consider drafting new ones if you don’t yet have a will or a trust.   Read More

Dunnington Client Alert: How the CARES Act and Other Recent New York State and New York City Legislation Address Business Interruption and Employment

By All, Client Alerts, COVID-19 Guidance, Featured

Last Updated: April 7, 2020

The United States government, the State of New York and the City of New York has adopted legislation intended to provide economic relief to businesses and individuals impacted by the COVID-19 emergency. The following is a review of various loans, loan forgiveness provisions, and other benefits created by these recent acts.* Read More