Big Apple Shrinks
Shelter in Place Order – New York’s Approach
Written by Susan Kohn Ross
On Friday, Governor Cuomo issued New York’s order. While not referring to “shelter in place”, it has the same impact. To be accurate, the full title is “Guidance for Determining Whether A Business Enterprise is Subject To A Workforce Reduction Under Executive Order 202.6.” Building on an existing executive order to reduce the workforce at each business/work location by 75%, the new order defines essential businesses as follows, and requires that other, non-essential businesses “reduce the in-person workforce at each business/work location by 100% from pre-state of emergency declaration employment levels…” Continue reading “Big Apple Shrinks”
Pirates Find New Shelter
Demand for Pirated Content Surges as the Public Stays Home
Written by Eleanor M. Lackman
At a time where theaters are shut down and productions are on hold, the entertainment industry is facing another challenge: the sudden surge in demand for pirated audiovisual and game content. According to anti-piracy firm MUSO, the number of people illegally streaming the movie Contagion increased by over 5600%. As lockdowns and stay-home orders keep people at home in an increasing number of countries, online searches for local pirate sites have ballooned, even despite studios’ in-home release of films that were slated to premiere this month in theaters.
Apparently taking advantage of the situation, well-known piracy app Popcorn Time, which launched in 2015 and was quickly shut down thereafter, has just reemerged in a new version. In its own words, Popcorn Time announced in a tweet on Tuesday: “Love in the Time of Corona Version 0.4 [sic] is out!” Popcorn Time offers an easy-to-use system that uses BitTorrent to stream movies and television shows without needing to download them. This time, the instructions for the app include a suggestion for users to use VPNs to avoid detection by users’ ISPs, which may be held responsible for repeated acts of infringement by their users if the ISP fails to take appropriate steps to curtail it. See, e.g., BMG Rights Management (US) LLC v. Cox Communications, Inc., 881 F.3d 293 (4th Cir. 2018). Continue reading “Pirates Find New Shelter”
EEOC on COVID-19
EEOC Issues Guidance on the ADA, Rehabilitation Act & COVID-19 Written by Jeremy Mittman Last week, the Equal Employment Opportunity Commission (“EEOC”) Commission issued guidance related to the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act in light of the COVID-19 pandemic. The EEOC specified that the ADA and Rehabilitation Act rules continue to apply, but they do not interfere with or prevent employers … Continue reading EEOC on COVID-19
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.
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