As we start a new year, we would like to share with you some of our most popular legal alerts from 2020. Our top alerts range from bankruptcy, construction, COVID-19, labor & employment, immigration, trusts & estates, corporate & securities, litigation and intellectual property, reflecting the broad array of our full-service practice. We hope that our alerts have been helpful to you and your colleagues, and demonstrate our commitment to providing important information to you.

1. The Coronavirus Aid, Relief, and Economic Security Act

The Coronavirus Aid, Relief, and Economic Security Act, the largest emergency spending measure in U.S. history, was passed by both houses of Congress and was signed into law by the President on March 27, 2020, in response to the COVID-19 pandemic. Read more. 

2. New York Replaces its Fraudulent Conveyance Law with the UVTA

Understandably lost in the shuffle amidst the myriad of new laws and regulations resulting from the COVID-19 pandemic was New York's new Uniform Voidable Transactions Act (UVTA). Signed by Governor Andrew Cuomo on December 6, 2019, the UVTA became effective on April 4, 2020, and governs fraudulent transfers made on or after that effective date. Read more.

3. New York State Attorney General Proposes Changes to New York's Securities Offer

At the end of March 2020, the New York State Attorney General announced temporary relief to meet certain filing deadlines for investment advisers, brokers, dealers, salespersons, commodity broker-dealers, commodity salespersons, commodity investment advisers. In general, any registration renewal, amendment or other required filing that would have been due between March 1, 2020, and April 30, 2020, was extended by 90 days. Read more.

4. CARES Act Increases Eligibility Threshold For Small Businesses To File Under New Subchapter 5 Of The Bankruptcy Code

On August 23, 2019, the Small Business Reorganization Act of 2019 was signed into law, creating a new Subchapter 5 of the United States Bankruptcy Code. The new law, which went into effect on February 19, 2020, is designed to streamline and expedite the debt restructuring process for small businesses which affirmatively elect to file bankruptcy under Subchapter 5. Read more.

5. TIPS for Parents and College Students: Add Health Care Advance Directives to Your School Packing List

As students return to colleges and universities across the United States amid COVID-19 concerns, students, their parents and their families should ensure that arrangements for the student’s medical decision-making for an emergency are made. These arrangements will protect the student if they cannot make medical decisions for themselves and ensure that their loved ones will be entitled to receive protected medical information. Read more.

6. Federal Courts Reverse and Invalidate Administration Policies Concerning Deferred Action for Childhood Arrivals and the Definition of H-1B Specialty Occupation and Related Wage Levels

On Friday, December 4, 2020, a federal judge ordered the U.S. Department of Homeland Security (DHS) to reopen the Deferred Action for Childhood Arrivals (DACA) program to new applicants for the first time since 2017. This ruling follows other decisions affecting DACA applicants including a November 2020 federal court decision which found that DHS violated the Homeland Security Act of 2002 by suspending DACA. Read more.

7. REMINDER: New York Employers Should Use This Form When Terminating/Furloughing Employees OR Reducing Length of Workweek!

Employers in New York State must provide any employee whose employment is ending (either permanently or until recalled) or who will be working less than four days per week and earning less than $504 with the following information: New York State Employer Registration Number, Federal Employer Identification Number, Employer Name and Employer Address. Read more.

8. The U.S. Department of Treasury Issues Updated Guidance on Borrower Certification

On April 23, 2020, the U.S. Department of Treasury (Treasury) issued an updated FAQ (the Updated Guidance) with one additional Q and A that addresses the required certification that “current economic uncertainty makes this loan request necessary to support the ongoing operations of the Applicant.” The Updated Guidance emphasizes that a borrower must assess its economic need for a PPP loan at the time of its application in addition to reviewing applicable affiliation rules to determine eligibility. Read more.

9. New York State of Mind: Data Breach and Data Security

In 2019, New York's state legislature did not pass the NYPA: the New York Privacy Act. However, the Stop Hacks and Improve Electronic Data Security Act (SHIELD Act) was signed into law by Governor Andrew Cuomo. Read more.

10. Posting Pictures on Social Media: Do’s and Do Not’s

Now more than ever before, almost everyone is online, both personally and for business purposes. There is a lot of confusion about posting pictures and images on social media - Instagram, Facebook, Pinterest and other platforms. What is legally permitted and what isn't? Read more.