Illustration of courthouseLast Updated: April 3, 2020

As the COVID-19 continues to spread, each day creates a new challenge. Courts are issuing standing orders regarding delays and closures to protect the public health and ensure the courts continue to operate as effectively as possible. Below is a summary of the most recent orders issued by the Supreme Courts in New Jersey and Pennsylvania regarding certain deadlines and extensions.

On Friday, March 27, 2020, the Supreme Court of New Jersey entered a standing order regarding State court operations amidst the current pandemic, such as: Continue reading ›

Outline of NJ on pink background
April 1, 2020 Update:  As anxiously anticipated, Governor Murphy joined all other States in providing New Jersey taxpayers relief by extending the income tax deadline to July 15, 2020, the same date that federal tax filings are due under the IRS extension.  In a Joint Statement released in the late morning of April 1st, the Governor, along with Senate President Steve Sweeney and Assembly Speaker Craig Coughlin, stated they “have reached agreement that the state income tax filing deadline and the corporation business tax filing deadline will be extended from April 15th to July 15th.” They further announced that New Jersey’s fiscal year should be extended to September 30th and affirmed their commitment to “to working together to enact the necessary legislation and supplemental appropriations to accomplish these goals.” See the full text of the joint statement here.

Original Post:

Last week, we posted that, after a few false starts, the IRS announced the federal income tax filing due date was automatically extended to July 15, 2020, which meant that both tax returns and tax payments originally due to be filed April 15th with the IRS are extended three months.

Illustration of hand completing loan application on clipboard

Friday brought us significant federal legislation in response to the COVID-19 crisis in the form of the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”). In today’s update, we focus on the (likely significant) relief the Act may afford to our small business clients by opening up, and possibly forgiving repayments of, loans under Section 7(a) of the Small Business Act.

In an effort to incentivize businesses to keep employees on their payrolls during the pandemic, despite an unprecedented number of health-related business closures, the CARES Act provides Continue reading ›

Photo of Melissa Lagoumis standing in front of building

Melissa Lagoumis

Melissa Lagoumis, a former Kang Haggerty Legal Assistant and currently a third year law student at Washington & Lee University School of Law, recently published an article in the American Bar Association’s Law Practice Today detailing her experiences as an extern in the Delaware Court of Chancery under Vice Chancellor Joseph R. Slights, III.

Since the firm’s inception in 2013, Kang Haggerty is proud to serve as a training ground and attorney pipeline to more than six staff members that are either in law school or preparing to attend a law school or PhD program.

Two computer monitors facing each other with hands sticking out. One hand is holding a spreadsheet and the other is holding a file.In light of the increasing spread of COVID-19, lawmakers continue to push legislation to allow the conduct of remote business despite the pandemic and various shelter-in-place and similar restrictions.  As we have experienced, the use of teleconferencing platforms such as Zoom has exploded over the last weeks, with everyone from students, business people, and government officials using these platforms to communicate with others while respecting the needs for social distancing, isolation and even quarantine.  In the last week, the State of New Jersey has passed two such bills, A3861 and A3850, which allow important meetings to be held via remote communication methods, as well as introduced another, bill A3903, which would allow remote notarial acts if it is passed into law. Continue reading ›

Nurse holding patient file and on the phone net to patient in hospital bed with cast on footOn Monday March 23, 2020 Governor Murphy issued Executive Order 109 introducing additional preventive measures to limit the spread of COVID-19 and simultaneously seeks assistance from the private healthcare community to increase the stock of PPE.

By Friday, March 27th at 5:00 p.m., all medical or dental “elective” surgeries and “elective” invasive procedures performed on adults to be suspended.  An “elective” or invasive procedure is defined as “any surgery or invasive procedure that can be delayed without undue risk to the current or future heath of the patient as determined by the patient’s treating physician or dentist.”

Healthcare providers must consider post-operation complications when determining which operations qualify as “elective” and must coordinate post-operation care with ambulatory surgery centers or hospitals that have the resources to address post-operation complications.  To that end, each hospital or ambulatory surgery center is required to establish written guidelines to ensure compliance and provide a copy to the Department of Health.  All elective surgeries or invasive procedures already scheduled after 5:00 pm on Friday March 27, 2020 are to be cancelled or postponed indefinitely, and facilities must notify patients who will be affected by EO-109.

Illustration of office building with two trees out front. All windows are darkened but one, which shows the the figure of one person. With the current outbreak of COVID-19, each day creates a new normal. Government officials are adjusting to the new pandemic and implementing different policies to help protect the community’ s public health. On Thursday, March 19, 2020 Governor Tom Wolf issued an order mandating that all non-life-sustaining businesses close their physical locations by Thursday at 8 PM. Specifically, the order provides:

No person or entity shall operate a place of business in the Commonwealth that is not a life sustaining business regardless of whether the business is open to members of the public. This prohibition does not apply to virtual or telework operations (e.g., work from home), so long as social distancing and other mitigation measures are followed in such operations. Continue reading ›

Corporate woman in suit sitting at computer, cactus also on desk
After a few false starts, the IRS announced over the weekend that the federal income tax filing due date is automatically extended to July 15, 2020. Mid-week, the IRS, acting in accordance with the President’s emergency declaration pursuant to the Stafford Act, originally extended only the time for certain tax payments, but not filings. Now, the IRS has clarified that both tax returns and tax payments originally due to be filed April 15th are extended three months.

Taxpayers can defer federal income tax payments due without penalties and interest, regardless of the amount owed; the latter is an important change from the earlier announcement as it related to corporations, which were only originally permitted to defer a certain amount. Now, this deferment applies to all taxpayers, including individuals, trusts and estates, corporations and other non-corporate tax filers.

Taxpayers do not need to file any additional forms or call the IRS to qualify for this automatic federal tax filing and payment relief. Taxpayers who need additional time to file beyond the July 15 deadline can request a filing extension by filing Form 4868 (individual) or Form 7004 (businesses).

Back of head facing screenIn the March 19, 2020 edition of The Legal Intelligencer Edward T. Kang, managing member of Kang Haggerty wrote “Time to Reconsider Remote Depositions in the Age of COVID-19

Remote depositions allow the deposition to proceed even though the witness is not in the same room as some or all of the other participating counsel and other persons entitled to be present.

As social distancing, travel limitations and working from home have become the norm due to the coronavirus (COVID-19), lawyers should give renewed consideration to conducting depositions by remote means. Remote depositions allow the deposition to proceed even though the witness is not in the same room as some or all of the other participating counsel and other persons entitled to be present.

Federal Rule of Civil Procedure 30(b)(4) and similar state rules authorize remote depositions by stipulation of the parties or court order. Having conducted several depositions through remote means recently, including expert depositions, our firm attorneys believe the benefits of taking remote depositions far outweigh the perceived limitations. Continue reading ›

Graphic shows two hands. One holding a contract that shows Force Majeure and the other hand signing.As a commercial transactional lawyer, I often speak to my clients and colleagues about contract management. While I am usually heavily involved in many stages of the contract lifecycle – most notably, negotiations, drafting, closings and amendments – the real work (and most problems) arise during contract performance, which is the time the contracting company is typically “on its own.”  I stress to my clients that competent management of contracts post-execution is critical: your management team needs to know its contractual obligations: due dates and milestones, payment terms, and areas of performance. Who’s doing what, when, and for how much?  I recommend companies appoint a contract manager to maintain each contract and its pertinent information, and create a database of performance, payment, and other obligation information, along with applicable deadlines and a “tickler” system.

Now, in the wake of COVID-19 and its tremendous impact on businesses, it is important to pull out those databases, and update them with information particular to the current state of operations – yours and your contracting partners. Continue reading ›

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