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When a Retailer Files for Bankruptcy: Should You Continue Doing Business with Them?

By All, Corporate, COVID-19 Guidance, Featured

With stay at home orders mandating businesses to stay closed, and falling consumer demand, retailers have been devastated by the COVID-19 pandemic and its seemingly endless fallout.  It is no surprise that, as a result, a number of major retailers have filed for bankruptcy – such as Neiman Marcus, J. Crew, JCPenney and True Religion Apparel.  When a debtor files Chapter 11 bankruptcy, however, the issue is whether to end the relationship or continue doing business. 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 Bartholow & Miller LLP Statement on Racism, Racial Discrimination and the Law

By All, Featured, Firm News

The law firm of Dunnington, Bartholow & Miller LLP unequivocally stands in solidarity with the Black community in condemning racism and fighting for equality and justice.

Recent events involving police and civilian interactions with people of color have once again shined a light on the important work that must be done to ensure accountability from those who misuse their power and privilege.  As lawyers, we have a responsibility to speak out against injustice, particularly when the results of the legal process are systemically unfair.  We cannot afford to be silent.

We also express our grief to those physically and emotionally impacted by racial discrimination, bias and injustice.  As a firm, we challenge ourselves, our colleagues and our clients to take steps large and small to combat racism and its effects now and going forward.  This includes opening dialogues on what are difficult, yet important conversations around systemic racial inequality and acknowledging the experiences of those communities particularly oppressed by it.  Honest, empathetic dialogue is a key first step to ending this unacceptable state of affairs, a first step on a long and challenging path.

However, we believe that words are not enough.   We therefore are making a contribution to the NAACP Legal and Educational Fund, Inc.  https://www.naacpldf.org/ to assist in supporting peaceful protests and addressing the problems of racism, segregation, socioeconomic oppression, and income inequality that have created and resulted from systemic discrimination.  We hope others will do so as well.

American Colombian Chamber of Commerce Webinar

By All, Corporate, COVID-19 Guidance, Featured, Firm News, International, Latin America Desk

Carolina Pineda will be hosting the webinar “Crisis Management and US Legal Landscape” before the American Colombian Chamber of Commerce, discussing the current state of affairs in the United States, as well as key legal issues for Colombian companies that have either set up shop abroad or are considering expanding to the United States. The webinar will be taking place May 29th, 2020, at 10:30 EDT. 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