Pardon The Interruption, Again
Coronavirus Business Interruption, Part 2 Written by Jean Pierre Nogues As we noted in an earlier release, some business interruption insurance policies may provide coverage for some COVID-related losses. While a few policies expressly cover such losses arising from viruses and epidemics, most are triggered by property damage at your place of business, near you, or at your suppliers’ and/or customers’ locations. Two possible impediments … Continue reading Pardon The Interruption, Again
MSK Wins Reversal of “Dark Horse” Copyright Verdict
Written by Christine Lepera, Jeffrey M. Movit and Gabriella Nourafchan
Last July, a team of MSK attorneys represented Defendants in a copyright infringement trial involving allegations that the ostinato (a musical phrase that repeats) in Katy Perry’s 2013 song “Dark Horse” infringed the ostinato in Plaintiffs’ Christian rap song entitled “Joyful Noise.” After the jury returned a verdict in favor of Plaintiffs, MSK filed a motion seeking reversal, or in the alternative, a new trial.
This week, the Court granted MSK’s motion, overturned the jury verdict, and entered judgment in Defendants’ favor. The Court found that Plaintiffs’ copyright claim failed because the ostinato in “Joyful Noise” was commonplace expression that no music creator can monopolize. Continue reading “MSK Wins Reversal of “Dark Horse” Copyright Verdict”
Tax Filing Reprieve
Tax Return Filing and Payment Extensions
Written by Jeffrey Davine
As a result of the Coronavirus crisis, Treasury Secretary Steven Mnuchin recently extended the deadline for payment of 2019 federal income taxes from April 15th to July 15th. This extension, however, did not apply to the filing of 2019 tax returns.
Today, the Treasury Secretary announced that the filing deadline for 2019 tax returns would be extended to match the new payment deadline. Continue reading “Tax Filing Reprieve”
COVID-19 Client Communication, Vol. 2
As part of our ongoing series in keeping our clients and friends abreast of various changes to policies and laws resulting from COVID-19, please find the latest updates below. Continue reading “COVID-19 Client Communication, Vol. 2”
Families First
UPDATE: President Trump Signs Families First Coronavirus Response Act
Written by Jeremy Mittman and Stephen Franz
President Donald Trump signed the “Families First Coronavirus Response Act,” (H.R. 6201) on March 18, 2020, shortly after the Senate voted to approve the bill. The bill will take effect on April 2, 2020. For those who read our earlier post, the House of Representatives made a number of amendments on March 16, 2020 to the version of the bill it passed two days prior.
Big Apple, Small Business
New York City Helps Small Businesses Survive
Written by Arina Shulga
With the recent “social distancing” measures that include the closure of schools, bars and restaurants, gyms, libraries, Broadway theaters, large retailers, and other businesses, many companies operating in New York City are being seriously impacted. Although some bigger companies may survive this economic crisis, small businesses likely face a grim future. Continue reading “Big Apple, Small Business”
Volatility Provides Opportunity
Estate Planning Opportunities in a Volatile, Low Interest Rate Environment
Written by Jeffrey Eisen, Autumn Ronda and Joyce Feuille
The recent dramatic decline in the value of the stock market, and overall economic volatility, has left us all worried about our financial health, not to mention the COVID-19 virus creating fears regarding our general health. In these uncertain times, there are steps to take for those who are in a position to transfer wealth to future generations now, as well as steps to take even if you do not wish to transfer wealth currently.
First, for everyone, if you are spending more time at home than ever, use some of it to review your basic estate plan to make sure it is up to date, and reflects your current desires.
Second, if you have been procrastinating in making lifetime gifts to your heirs while we have a temporarily generous estate, gift and generation-skipping transfer tax exemption now may be the time to pull the trigger.
COVID-19 Triggers Savings
Your Trademark and the COVID-19 Outbreak
Written by Alesha M. Dominique and Sofia Castillo
This week, the U.S. Patent and Trademark Office (USPTO) announced that it considers the effects of the Coronavirus outbreak to be an “extraordinary situation” within the meaning of 37 CFR 2.146 for affected trademark applicants and trademark owners. In response, it is waiving the petition fees (set by regulation, rather than statute) that it normally charges to revive an abandoned trademark application and to reinstate a canceled or expired trademark registration if they were abandoned or canceled/expired as a result of the impact of the Coronavirus outbreak. Other trademark-related deadlines and fees will not change.
Specifically, the USPTO is waiving the petition fee to revive an abandoned application or to reinstate a canceled or expired registration if it was abandoned or canceled/expired “due to an inability to timely respond to a trademark-related Office communication as a result of the effects of the Coronavirus outbreak.” A petition must be accompanied by a statement that explains “how the failure to respond to the Office communication was due to the effects of the Coronavirus outbreak.” Continue reading “COVID-19 Triggers Savings”
Governor Newsom Suspends Key Provisions of Cal-WARN
Written by Brian Ragen and Daniel Innamorati
On March 17, 2020, Governor Gavin Newsom issued Executive Order EO N-31-20 suspending key provisions of the California Worker Adjustment and Retraining Notification Act (“Cal-WARN”) in the wake of the COVID-19 pandemic.
Why This Matters
The Executive Order effectively eliminates Cal-WARN’s requirement that employers provide 60 days’ notice for mass layoffs, relocations and cessations of business related to COVID-19. These events have become widespread as business shut their doors for public health reasons, and compliance has been rendered virtually impossible in many instances.
Continue reading “Governor Newsom Suspends Key Provisions of Cal-WARN”
Merger Modifications
DOJ and FTC Announce Temporary Modifications to Certain Filing and other Procedures under the Hart, Scott Rodino Act (“HSR Act”) For Pendency of COVID-19 Event
Written By Anthony Adler
On March 13, 2020, the Federal Trade Commission (“FTC”) and the Department of Justice (“DOJ”) announced that they have adopted a series of temporary changes to their civil merger investigation processes, which will remain in place during the pendency of the Coronavirus (COVID-19) event. These changes will ensure that the DOJ and FTC will be able to continue operations as their employees carry out their duties under a mass telework directive in accordance with health guidance from the CDC, WHO, and other health authorities. These temporary measures include the following: Continue reading “Merger Modifications”
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