While our clients and our community are dealing with new realities in light of the COVID-19 pandemic, one source of anxiety can be realizing that you do not have the appropriate documents prepared in case of emergency. 

By having a Health Care Proxy, your medical provider and loved ones will know who should make decisions regarding your care in the event you are unable to do so, and you will be able to leave instructions regarding your care that will reassure your loved one that they are making the choices that you would want if you could make them yourself. 

Similarly, a Power of Attorney gives someone the authority to make financial decisions on your behalf if you are unable to do so yourself.  With a Power of Attorney, your agent will have authority to access your accounts to make sure bills are paid and be able to speak to banks or creditors on your behalf to keep your financial life afloat while you are unable. 

Additionally, by preparing your Last Will & Testament, you will have the peace of mind of knowing that children are provided for, a guardian is appointed to care for them, and your assets are disbursed as you would want, should the unthinkable happen.  

On April 7, 2020, Governor Cuomo issued an Executive Order which temporarily modifies the applicable laws to allow an attorney to supervise the signing of the above documents and permit witnesses to be present virtually via video conference.  During this time of social distancing, we can prepare your estate planning documents, and allow you to sign and have the documents witnessed, without you ever having to come to the office or risk exposure.  

If addressing your estate planning would give you peace of mind, please contact us so we can help.  We can be reached at 845-615-9010 or info@cvlawgroup.com.

​On March 27, 2020, the CARES Act became law, intended to provide relief to those impacted by the COVID-19 pandemic.  One of its most notable provisions is creating the Paycheck Protection Program, or PPP.  The PPP is designed to give small businesses access to forgivable loans to enable them to pay and retain employees and meet short-term overhead costs to keep their business afloat. Since PPP was created, the federal Small Business Administration has issued additional guidelines and procedures to be followed by lenders and borrowers in implementing the program.  If you want more information about PPP, or your business needs help understanding the applicable regulations and applying for a PPP loan, please contact us at info@cvlawgroup.com.  

For some immediate guidance and answers to frequently asked questions, additional information can be found here.

The economic consequences of the Covid-19 pandemic will be particularly and acutely felt by small businesses. On March 20, 2020, Governor Cuomo announced that 100% of the non-essential work force in New York State must stay home.  Small businesses must navigate these uncertain times without knowing when the end will be in sight.  To help, the State and Federal Governments have made resources available, with more sure to come.  See below for details and resources.  If you need help deciding what would be right for your business, understanding how the laws and regulations apply to your business, or advice generally during these turbulent times, please contact us at info@cvlawgroup.com.  We're here to help.

To determine if your business is an "essential" business exempt from Governor Curomo's work force reduction orders, guidance can be found here. 

For New York State Frequently Asked Questions for business owners, you can access the FAQ page for Empire State Development here.

Governor Cuomo has also announced that New York State is willing to pay businesses who can assist in making or delivering needed medical supplies. If your business can assist and wants more information, you can contact covid19assistance@exec.ny.gov.

The Federal Government is allowing the Small Business Association (SBA) to offer Economic Injury Disaster Loans to businesses impacted by Covid-19, which would provide low-interest loans to help businesses stay afloat. The Empire State Development Resource Guide to these loans is available here. For information from SBA, click here.  There is possible legislation coming which would make grants available as well.  We will update this page as more information is available.  

For more help, the Small Business Development Center is available at 845-443-8058 in Mid-Hudson and 845-443-8058 in Westchester.  Local government officials also have resource pages available and staff answering phones to assist constituents.  

For more information and updates as they become available, check back here.  Contact us at info@cvlawgroup.com.  Our attorneys are here to help.  

Following his announcement on March 18, 2020 that non-essential businesses and non-profit entities were to reduce their at-site work force by 50% to dampen the spread of Coronavirus (Covid-19), New York Governor Andrew Cuomo announced the next day that such percentage would increase to 75%.  On March 20, 2020, the Governor again modified the figure, announcing that 100% of the non-essential work force must stay home, an extraordinary measure intended to dramatically slow the spread of Covid-19.  The Executive Order will be enforced through civil penalties and mandatory closures.

The impact of this directive on businesses will be colossal.  Few businesses can operate with 100% of their work force at home.  It is an unsettling and unprecedented time for business owners and management as they navigate these uncertain times.  If you need help understanding the new, ever-changing laws and regulations, need advice on how to steer your business through this period of difficulty, or need direction to tap into the resources that are becoming available to offer relief, please contact us.  This is what we do and we're here to help.  We can be reached at info@cvlawgroup.com.

New York State Governor Andrew Cuomo has issued an Executive Order dated March 18, 2020 directing that all businesses and not-for-profit entities in New York State shall maximize their capabilities to allow telecommuting or work from home procedures.  Every employer is directed to reduce their in-person workforce at each work location by 50%.  The Order goes into effect on March 20, 2020 at 8:00 p.m.  Essential businesses or entities providing essential services or functions are exempt from the Order.  The full text of the Order and a list of those businesses or services which are considered "essential," can be found here.  The Order also provides a mechanism by which those businesses which are not on the list can apply to be deemed essential, and guidance will be provided by 5:00 p.m. on March 19, 2020. 

These are uncertain time for businesses.  Our strength is guiding and advising clients as they navigate all of the legal complexities of operating a business.  If you need help or have questions in steering your business through this new landscape, call us at 845-615-9010.

Effective March 16, 2020, the United States Department of Labor ("Department") has revised its regulations interpreting Joint Employer Status under the Fair Labor Standards Act ("FLSA").  Under the revised regulations, the Department stipulates that when an employee performs work for an employer that benefits another person simultaneously, the third person is a joint employer when such third person acts directly or indirectly in the interest of the employer relative to the employee.  The Department provides a test for determining when a person acts directly or indirectly in the interest of the employer relative to the employee, which requires balancing four factors.  The revised regulations further clarify that an employee's economic dependence on a potential joint employer is not a determining factor in defining a joint employer, and nor does an employer's franchisor, brand, supply, similar business model, or certain contractual agreements and business practices under the FLSA impact a determination of joint employer status.  Specific examples illustrating the revised regulation in practice, and the text of the revised regulation, can be found here: https://www.federalregister.gov/documents/2020/01/16/2019-28343/joint-employer-status-under-the-fair-labor-standards-act.

The revised regulation enacts meaningful changes which may impact any business that relies on Independent Contractors or sub-contractors to operate their business or supplement their workforce.  If you have questions about the impact of the new regulations on your business or employment, give us a call.

USPTO Changes Rules for 'Evidence of Use' to Protect Accuracy and Integrity of Trademark Register

​In accordance with U.S. law*, in order to obtain and maintain a Trademark Registration with the United States Patent and Trademark Office, a mark must be in use in commerce in connection with all the goods and services listed in the application and registration.
In practice, to obtain or maintain a Trademark Registration, the Applicant must submit to the Trademark Office only one example as evidence of the use of the mark per class in which registration is or was sought.  So, for example, an application or registration might list “hats, shirts, socks, and pants” which are all in Class 25, but could get a registration by showing the mark only in use on the hats.

During a 2-year “Post-Registration Proof-of-Use Pilot Program”** the USPTO randomly selected 500 registrations that were being renewed, and requested additional evidence of use of the mark on other goods that were listed in the registration. In our example above, the USPTO asked to see the mark on shirts, socks and pants, in addition to the hat we had already submitted.
The Pilot Program found that in 51% of the selected registrations, the trademark owners were unable to supply the additional evidence.  As a result, the Trademark owners were required to either delete the listed goods they cannot prove they are selling in commerce or allow the Registrations to be canceled.

As a result of the program, and in order to protect the accuracy and integrity of the Federal Trademark Register, the USPTO has recently enacted several rule changes that will affect our practice.  Essentially, while we will still only be required to submit one example of the use of a mark, the Trademark Office will be permitted to request evidence of use of all goods and services listed in a registration, regardless of duplicate class coverage, or the Registration may be canceled.

Going forward, we must be more vigilant in ensuring our clients understand the requirements, both in accordance with the law and in accordance with reality. With good practice techniques, planning and record-keeping, our clients will still obtain and maintain all rights to which they are entitled.

If you have any questions about Trademarks, rules, applications or registrations, please feel free to call our office at (845) 897-3400 or email at info@cvlawgroup.com. 

 *15 U.S.C. §1051
**https://www.federalregister.gov/documents/2017/01/19/2017-00317/changes-in-requirements-for-affidavits-or-declarations-of-use-continued-use-or-excusable-nonuse-in

Author: Meaghan Doyle

The U.S. Small Business Administration (SBA) amended its regulations pertaining to Small Business Joint Ventures and the Mentor-Protégé Programs on July 25, 2016. These amendments became effective on August 24, 2016.  Below are a few of the major changes:
 
SBA has amended its regulations to implement provisions of the Small Business Jobs Act of 2010, and the National Defense Authorization Act for Fiscal Year 2013. The amended regulations establish a Government-wide mentor-protégé program for all small business concerns, consistent with SBA's mentor-protégé program for Participants in SBA's 8(a) Business Development (BD) program. The amendment also changes the current joint venture provisions to clarify the conditions for creating and operating joint venture partnerships, including the effect of such partnerships on any mentor-protégé relationships. The new rule additionally makes changes to current size, 8(a) Office of Hearings and Appeals and HUBZone regulations, concerning among other things, ownership and control, changes in primary industry, standards of review and interested party status for some appeals.
 
Universal Mentor-Protégé Program
The SBA has established a single “universal” mentor-protégé program for use by all small businesses, as opposed to having separate programs for the SDVOSB, HUBZone, WOSB and small business firms.  The SBA’s goal was to make the small business mentor-protégé program as identical as possible to the 8(a) mentor-protégé program.  To achieve this goal, one major change in the regulations is to disallow non-profit organizations from serving as mentors under the mentor-protégé program.  The current law governing 8(a) contracts allows non-profit entities to serve as mentors, however, effective August 24, 2016, non-profit entities will no longer be permitted to serve as mentors under the 8(a) mentor-protégé program.
 
Other important rule changes under the “universal” mentor-protégé program are as follows:

1. Mentor Qualifications.  Any for-profit business concern that demonstrates a commitment and the ability to assist small business concerns may be approved to serve as a mentor and receive the benefits of the mentor-protege program.  The for-profit business concerns include 8(a) program businesses, HUBZone firms, other small businesses and large businesses.
2. Protege Qualifications.  A business concern that qualifies as small for the size standard corresponding to its primary NAICS code or identifies that it is seeking business development assistant with respect to a secondary NAICS code, and qualify as small for the size standard corresponding to that NAICS code.  The business concern must also demonstrate how the business development assistance to be received through its proposed mentor-protégé relationship would advance the goals and objectives set forth in its business plan.
3. Number of Proteges.  Generally, a mentor participating in any mentor-protege program will have no more than one protege at a time.  The SBA may, however, authorize more than one mentor, but not more than three, if it can be demonstrated that the additional mentor-protégé relationship will not adversely affect the development of either protégé firm. (13 CFR 125.9)
4. Number of Mentors.  Generally, a protege will have one mentor at a time, however, the SBA may approve a second mentor for a particular protégé firm where the second relationship will not compete or otherwise conflict with the assistance set forth in the first mentor-protégé relationship, and (i) the second relationship pertains to an unrelated NAICS code, or (ii) the protégé firm is seeking to acquire a specific expertise that the firm mentor does not possess.
5. Written Agreement.  A written agreement setting forth the protégé’s needs and a detailed description of the benefits intended to be derived by the protégé must be entered into and executed by both the mentor and protégé.

 
“Populated” JVs Eliminated
One major change in the SBA’s new regulations is the elimination of populated joint ventures.  Under prior law, a joint venture could be either populated or unpopulated.  A populated joint venture will hire its own employees and operate as a separate independent entity performing contracts using its own employees, as opposed to an unpopulated joint venture which uses each of the joint venture member’s employees performing contracts.  The new rule states that if a joint venture is a formal separate legal entity, such joint venture is prohibited from populating with its own hires to perform contracts awarded to the joint venture.  The new rule allows a joint venture to have its own separate employees for administrative functions only. It may not have its own separate employee hires to perform contracts awarded to the joint venture.
 
HUBZone JV
The regulations applicable to the HUBZone program have also been amended to allow a joint venture between a qualified HUBZone small business and one or more other small businesses, or with an approved mentor under 13 CFR 124.520 or 13 CFR 125.9.  Under previous law, joint ventures for HUBZone contracts were permitted only in those cases where all parties to the joint venture were HUBZone certified. 

The New York State Attorney General’s Charities Bureau has announced the expansion of the e-file services for charitable organizations through the online filing system.  The Internal Revenue Service has updated the standalone New York CHAR500 Form.  In addition to filing Form 990 online with the Internal Revenue Service, charitable organizations may now choose to file their CHAR500 Annual Financial Report directly to the New York State Attorney General’s Charities Bureau and upload any required attachments.  The standalone CHAR500 allows charitable organizations to create and electronically file the organization’s CHAR500 with the NYS Charities Bureau, free of charge, without having to simultaneously e-file its Form 990/990-EZ with the IRS, as previously required.  If a charitable organization has already filed its Form 990/990-EZ with the IRS and would like to electronically file its NYS CHAR500, the organization may do so and attach a PDF copy of the filed Form 990/990-EZ to the CHAR500.
         
Charitable organizations directly benefit from these electronic enhancements, as the process is more accurate and less expensive.  Additional benefits of filing online include faster processing time, faster updates to the Charities Registry, faster payment processing, document tracking and receipt confirmation.
         
If you have any questions regarding electronic filing of the CHAR500, feel free to call our office at (845) 897-3400 or email at info@cvlawgroup.com.