Category: Crisis Communications

Explanation of Governor Murphy’s Executive Order 107 Regarding Non-Retail or Manufacturing Businesses

Governor Murphy issued Executive Order 107 on March 21, 2020 (the “Order”), which requires the closure of all non-essential brick-and-mortar retail businesses, and requires all New Jersey residents to remain at home or at their place of residence unless engaging in one of nine exempted activities. Order at ¶ 2. One of the exempted activities permitting travel within the State is when a person is “reporting to, or performing, their job.” Id. However, and as it relates to this exemption, the Order requires that “all businesses or non-profits in the State, whether closed or open to the public, must accommodate their workforce, wherever practicable, for telework or work-from-home arrangements.” Order at ¶ 10. In the event that the functions of a particular employee or employees cannot be performed through a telework or work-from-home arrangement, the Order allows those employees to be at the place of employment, but the business or non-profit must make its “best efforts to reduce staff on site to the minimal number necessary to ensure that essential operations can continue.” Order at ¶ 11 (emphasis added). The Order specifically identifies certain types of employees that may need to be physically present at their place of businesses. These include the following: Law enforcement, fire fighters and other first responders; Cashiers or store clerks;...

The Coronavirus Pandemic and Your Business: How We Can Help – The Big Picture

The unprecedented scope of the response to the coronavirus (COVID-19) pandemic has drastically affected every facet of life and continues to impact our clients in a growing number of ways. Gibbons attorneys have been working closely with clients over the past weeks to navigate emergent, unexpected challenges in a wide range of areas, from the novel human resources issues that arise when an entire workforce is required to work remotely – or when workplaces or specific jobs within a workplace are not equipped for work-from-home arrangements – to perhaps first-time interactions with local, county, and state officials and regulators. Over the coming days, Gibbons will continue reaching out regularly to clients to let you know the various ways we can assist you with advice, counsel, best practices, and creative solutions for this turbulent situation, to help you ensure operational continuity and emerge from the current crisis. Please do not hesitate to contact Kevin G. Walsh, Co-Chair of the Gibbons Government & Regulatory Affairs Department, with any general questions regarding your legal obligations and options in connection with the COVID-19 pandemic. More in the “Coronavirus and Your Business” Series: Insurance Coverage in the Age of COVID-19 Economic Loss Recovery/Minimization with State and Federal Programs Force Majeure Provisions in Contracts

Economic Loss Recovery/Minimization with State and Federal Programs

As it has successfully done for its clients in prior emergencies (e.g., Superstorm Sandy), a Gibbons interdisciplinary team will work with you to coordinate securing available assistance from state and federal sources. In doing so, Gibbons will also review with you any relevant insurance policies for coverage of any expenses or business income losses that may be sustained/incurred as a result of the COVID-19 national emergency. The Gibbons interdisciplinary team will advise you on the full range of state and federal programs being authorized by law, established, or expanded to assist businesses with losses related to the coronavirus (COVID-19) crisis. Working with clients’ senior management teams, Gibbons will provide strategic advice on the internal measures to be initiated immediately in order to qualify and begin preparing applications for financial assistance from government agencies, including: U.S. Small Business Administration (SBA) The federal government’s $8.3 billion Coronavirus Preparedness and Response Supplemental Appropriations Act of 2020 includes certain provisions that allow the SBA to administer loans connected with this crisis. In addition, the SBA is authorized to offer an additional $50 billion in low-interest loans to address losses caused by the pandemic and the response thereto. A maximum of $2 million can be awarded for economic support to small businesses facing a temporary loss of revenue as a...