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	<title>COVID-19 Tag Archives &#8212; Kang Haggerty News</title>
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		<title>Law Practice Today: Zoom Court Appearances: Rising to the Occasion While Seated</title>
		<link>https://www.khflaw.com/news/law-practice-today-zoom-court-appearances-rising-to-the-occasion-while-seated/</link>
		
		<dc:creator><![CDATA[Kandis Kovalsky]]></dc:creator>
		<pubDate>Mon, 19 Apr 2021 19:02:11 +0000</pubDate>
				<category><![CDATA[Publications]]></category>
		<category><![CDATA[COVID-19]]></category>
		<category><![CDATA[Technology]]></category>
		<category><![CDATA[Young Lawyers Division]]></category>
		<guid isPermaLink="false">https://www.khflaw.com/news/?p=6106</guid>

					<description><![CDATA[In the April 2021 Young Lawyers Issue of Law Practice Today, Kandis Kovalsky wrote &#8220;Zoom Court Appearances: Rising to the Occasion While Seated&#8221; On March 13, 2020, a national emergency was declared in the United States as a result of the COVID-19 pandemic. Instantly, courts across the country were shuttered. Many courts, particularly the federal [&#8230;]]]></description>
										<content:encoded><![CDATA[<p><img fetchpriority="high" decoding="async" class="aligncenter size-large wp-image-6113" src="https://www.khflaw.com/news/wp-content/uploads/2021/04/Zoom-Call-1024x576.png" alt="Back of person's head looking at video call on laptop" width="1024" height="576" srcset="https://www.khflaw.com/news/wp-content/uploads/2021/04/Zoom-Call-1024x576.png 1024w, https://www.khflaw.com/news/wp-content/uploads/2021/04/Zoom-Call-300x169.png 300w, https://www.khflaw.com/news/wp-content/uploads/2021/04/Zoom-Call-768x432.png 768w, https://www.khflaw.com/news/wp-content/uploads/2021/04/Zoom-Call-1536x864.png 1536w, https://www.khflaw.com/news/wp-content/uploads/2021/04/Zoom-Call-1000x563.png 1000w, https://www.khflaw.com/news/wp-content/uploads/2021/04/Zoom-Call-213x120.png 213w, https://www.khflaw.com/news/wp-content/uploads/2021/04/Zoom-Call.png 2000w" sizes="(max-width: 1024px) 100vw, 1024px" /></p>
<p>In the April 2021 Young Lawyers Issue of <a href="https://www.lawpracticetoday.org/">Law Practice Today</a>, Kandis Kovalsky wrote &#8220;<a href="https://www.lawpracticetoday.org/article/zoom-court-appearances-rising-to-the-occasion-while-seated/">Zoom Court Appearances: Rising to the Occasion While Seated</a>&#8221;</p>
<p>On March 13, 2020, a national emergency was declared in the United States as a result of the COVID-19 pandemic. Instantly, courts across the country were shuttered. Many courts, particularly the federal courts, quickly rallied and embraced Zoom as a means to continue to hold hearings and move the many criminal and civil cases on their dockets. Some lawyers reveled in the courts’ embracement of Zoom, as the legal profession is often criticized as being somewhat of a dinosaur. Others were initially less excited about having to use a webcam and embrace <em>modern technology</em>, and while appearing in court, no less. Indeed, some lawyers even exclaimed that using Zoom (e.g., the technology) is more stressful than participating in the hearing itself.<span id="more-6106"></span></p>
<p>Some of those initial cynics have now adjusted, and appreciate the practicalities that Zoom offers over having to travel by plane, train, or automobile to appear for an in-person hearing that lasts a few hours or less. But lawyers by and large seem to agree that, at least for major events like evidentiary hearings or oral arguments on dispositive motions or temporary restraining orders, Zoom offers a much-less satisfying alternative to a courtroom—the majesties of which cannot be replicated virtually.</p>
<p>The extent to which courts will continue to uses Zoom after the pandemic remains to be seen, but for now, and likely the rest of 2021, courts will continue to hold hearings on Zoom. As such, learning Zoom etiquette for court appearances is critical. We are slightly more than a year from when the legal profession cozied up to Zoom, yet I still see and hear of lawyers making embarrassing mistakes. So, while some of the below tips may seem obvious and mundane, they all correspond to mistakes I have heard of or seen lawyers make recently. The good news is that these tips are all easy to follow.</p>
<p>Here are nine important tips for setting yourself, and your clients, up for success while appearing before a court on Zoom.</p>
<h3>Suit Up.</h3>
<p>Just because your daily work attire has likely become relaxed, does not mean your court attire can or should. We have all heard of the term “dress for success,” and this principle remains the same for court appearances on Zoom. How you dress is also an important part of courtroom decorum. Generally, men should appear in court in a suit and tie, and women should appear either in a suit, or alternatively, a dress, or skirt and blouse combination. Lawyers should dress for a Zoom hearing as they would for an in-person hearing (although, ladies can probably safely skip the heels). In the last year, I have seen and heard of lawyers appearing before judges not only not in suits, but in hoodies (!), t-shirts, sweaters, unbuttoned shirts, and without ties. Dressing like this before a (likely robed) judge is disrespectful to the court and a disservice to the clients being represented. I recommend strictly following this tip, and not taking any liberties with it. By that I mean I would not even risk wearing jeans, spandex, or sweatpants (with the idea being only your top half will be seen on the camera while you are seated), because you may have to get up during the hearing for any number of reasons (I have). By the way, the lawyer in the sweater was reprimanded by the judge. Not a position any lawyer wants to be in, ever.</p>
<h3>Speak Slowly.</h3>
<p>Audio lags happen on Zoom for a number of reasons. While it is always important to speak slowly, it is even more important to do so during a Zoom hearing. This tip is especially important if a court reporter is transcribing the hearing. I recently participated in a hearing where the judge had to request, more than once, that one lawyer arguing speak slower because the court reporter could not transcribe what was being said. Speaking too fast often occurs when reading notes, so I would suggest that you also do not read an argument word-for-word from your notes. This strategy is not effective in a courtroom, and nor on Zoom.</p>
<h3>Kill the Noise.</h3>
<p>And, I mean, <em>all</em> noise. Just like electronic devices must be turned off, or at least silenced, in the courtroom, they should be turned off or silenced while you are participating in a virtual hearing. If you are participating in the hearing from your office, then I recommend placing a “Do Not Disturb” sign on your closed office door, placing your landline on “Do Not Disturb,” silencing your mobile phone and silencing any sounds on Microsoft Outlook, Teams, Skype, or another messaging platform. If you are working from home, do the same, and no, it is not acceptable to say “Sorry, your honor, that is just my dog.” Dogs are cute, but they have not filed an entry of appearance, and should not make any guest appearances during your hearings. Prepare ahead of time so the space you will be using for the hearing will be free of possible noise from children, dogs, birds, cats, etc. If necessary, meaning you cannot ensure an animal or kid-free noise zone for the hearing, make arrangements for a relative, neighbor, friend, or babysitter to look after your kids or pets.</p>
<h3>Don’t Lean Back.</h3>
<p>This is an easy one to forget, especially with longer hearings with multiple participants, but remember to sit upright throughout the hearing. Just like you would not slouch in your chair in a courtroom, you should not slouch in your chair while participating in a Zoom hearing. Slouching and leaning back, while not as bad as the hoodie, signal a too relaxed and casual attitude. I recently participated in a hearing where opposing counsel was leaning back the entire time, even while he was addressing the court. I found it to be distracting and unprofessional, which means the judge likely did as well. Save leaning back for your post-hearing victory dance.</p>
<h3>Tech Check.</h3>
<p>The day before any hearing, restart your computer to make sure it installs all recent updates. Also, make sure that you have the most recent version of Zoom installed, and the most recent version of any other program you intend to use during the hearing, like Adobe, Microsoft Word, or Microsoft Teams. Recently, during an oral argument, my Adobe froze. I was using Adobe to access copies of the pleadings and other relevant filings, so this was a problem. Additionally, during the oral argument, I was concerned that the freezing of Adobe would affect my Zoom connection with the court, but thankfully it did not. It did, however, provide an unwelcome distraction, which is not something you want while appearing in court. After you restart your computer and make sure you are using the most up-to-date version of Zoom, do a test run of Zoom, including a soundcheck. Separately, make sure that your name appears on Zoom as your first and last name. When you join a Zoom meeting, you should receive a prompt that allows you to type in your name how you would like it to appear. Sometimes, if you do not do this, your name will as an unclear default—e.g., “Kandis’ iPad.” Lastly, this should go without saying, but check, under the settings tab on Zoom, that you do not have any strange filters turned on, like a cat….</p>
<p>&nbsp;</p>
<h3>Don’t Be Camera Shy.</h3>
<p>If a court schedules a Zoom conference, assume that you should appear using video. I have seen attorneys of record dial-in with a phone to a Zoom hearing, and then have to switch to using video (which is what led to some of the unfortunate attire selections discussed earlier). Obviously, always read the text of the applicable order and check in advance with the clerk or courtroom deputy about the judge’s intentions or preferences, but if a court schedules a hearing on Zoom, as opposed to a conference line, it is safe to assume that the court intends for the parties to appear on camera—even if the judge might not. My colleague recently participated in a hearing where the judge was not using the video function but required that the parties use it. When addressing the court, look into the camera. This will make it seem to the judge that you are making eye contact. If you are looking at the judge (or anything else) on your screen, you will appear as though you are looking down. Once you are “in” a virtual court hearing, avoid “leaving” the hearing—meaning, avoid turning your video off without first notifying the court. Repeated entrances and departures in the middle of a hearing in court would likely not be accepted, and the same rule applies to Zoom too. Last, make sure the area you will be attending the hearing has appropriate lighting. If your screen is too dark, the judge cannot properly see your face. Generally, the lighting behind your camera should be brighter than the lighting behind you. If there are windows in the room you will be using, position yourself to face the window rather than have the window behind you. As someone with two big skyscraper windows behind her and who cannot easily sit on the other side of her L-shaped desk, I appreciate this can be tricky. A lifesaver can be found in the “Adjust for low light” setting under the Video Settings in Zoom. In this same tab, you can also use the “Touch up my appearance” scale to brighten up your image. You’re welcome.</p>
<h3>Surround Yourself with Less.</h3>
<p>Your surroundings say a lot about you. Look at the background of the space you intend to use for the hearing (which I know is already immaculate) and consider whether it contains any pictures, posters, artwork, or things that would be controversial, distracting, or that could paint you in an unfavorable or unserious light (even if unfairly). I would strongly suggest that attorneys remove any political posters, books, or memorabilia from the view of the camera. Beyond that, this one involves largely good judgment and reasonable minds can differ on what is distracting and potentially unfavorable. I want the court to focus on me, not what is behind me, so I avoid having any personal pictures, sports memorabilia, books, or other clutter behind me.</p>
<h3>Five Minutes Early Is On Time.</h3>
<p>I always enter any Zoom hearing five to seven minutes early. This way, I have a buffer to deal with tech issues. I routinely see attorneys arriving to Zoom hearings a few minutes late, even after the host (the court) has started the meeting, because they had “trouble with the link.” Avoid having to be in a position of apologizing to the court by joining the meeting five minutes early.</p>
<h3>Pass Virtual Notes.</h3>
<p>Gone are the days where we have to furiously scribble down our thoughts on yellow sticky notes and then stealthily pass them to our co-counsel, all the while hoping we are not distracting the court. Now, we can pass virtual notes. I recently used Microsoft Teams, which our office uses, to correspond with my legal team (all of whom were in different places) during an oral argument. It was a great experience. Most of us type faster (and neater) than we write by hand, so I was able to communicate with my team with ease while still listening to everything the judge and opposing counsel said. During the oral argument, one of the lawyers on my team ended up sending me a key suggestion, which I was able to address and weave into my rebuttal argument. Just remember that when you are passing virtual notes—keep the sound off!</p>
<p>Remember that just because you are seated, does not mean you should not rise! Good luck.</p>
<h2>About the Author</h2>
<p><em><strong>Kandis L. Kovalsky</strong> is a member of Kang Haggerty LLC, a business law firm in Philadelphia, PA. She is co-chair of the ABA Litigation Section, YLD Division. Contact Kandis at kkovalsky@kanghaggerty.com.</em></p>
<p><em>Reprinted with permission from the  April 2021 edition of “Law Practice Today” © 2021 American Bar Association.  All rights reserved. Further duplication without permission is prohibited.</em></p>
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		<post-id xmlns="com-wordpress:feed-additions:1">6106</post-id>	</item>
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		<title>Legal Intelligencer: Business-Interruption Claims in the COVID-19 Era: Litigators Find Hope</title>
		<link>https://www.khflaw.com/news/legal-intelligencer-business-interruption-claims-in-the-covid-19-era-litigators-find-hope/</link>
		
		<dc:creator><![CDATA[Edward T. Kang]]></dc:creator>
		<pubDate>Thu, 29 Oct 2020 18:50:13 +0000</pubDate>
				<category><![CDATA[Insurance Bad Faith]]></category>
		<category><![CDATA[Publications]]></category>
		<category><![CDATA[COVID-19]]></category>
		<category><![CDATA[Legal Intelligencer]]></category>
		<guid isPermaLink="false">https://www.khflaw.com/news/?p=6047</guid>

					<description><![CDATA[The courts have, in turn, opened their ears (and maybe their hearts, too) to the plight of American businesses that have suffered on a truly historic scale. In the October 15, 2020 edition of The Legal Intelligencer Edward T. Kang, managing member of Kang Haggerty wrote “Business-Interruption Claims in the COVID-19 Era: Litigators Find Hope.” [&#8230;]]]></description>
										<content:encoded><![CDATA[<p class="article-description"><em>The courts have, in turn, opened their ears (and maybe their hearts, too) to the plight of American businesses that have suffered on a truly historic scale.</em></p>
<p><img decoding="async" class="aligncenter size-large wp-image-6048" src="https://www.khflaw.com/news/wp-content/uploads/2020/10/COVID-Meeting-1024x576.png" alt="Drawing of business meeting, participants wearing masks" width="1024" height="576" srcset="https://www.khflaw.com/news/wp-content/uploads/2020/10/COVID-Meeting-1024x576.png 1024w, https://www.khflaw.com/news/wp-content/uploads/2020/10/COVID-Meeting-300x169.png 300w, https://www.khflaw.com/news/wp-content/uploads/2020/10/COVID-Meeting-768x432.png 768w, https://www.khflaw.com/news/wp-content/uploads/2020/10/COVID-Meeting-1536x864.png 1536w, https://www.khflaw.com/news/wp-content/uploads/2020/10/COVID-Meeting-1000x563.png 1000w, https://www.khflaw.com/news/wp-content/uploads/2020/10/COVID-Meeting-213x120.png 213w, https://www.khflaw.com/news/wp-content/uploads/2020/10/COVID-Meeting.png 2000w" sizes="(max-width: 1024px) 100vw, 1024px" /><br />
In the October 15, 2020 edition of <a href="https://www.law.com/thelegalintelligencer"><em>The Legal Intelligencer</em></a> Edward T. Kang, managing member of Kang Haggerty wrote “<a href="https://www.law.com/thelegalintelligencer/2020/10/15/business-interruption-claims-in-the-covid-19-era-litigators-find-hope/">Business-Interruption Claims in the COVID-19 Era: Litigators Find Hope.</a>”</p>
<p>While the coronavirus itself may be novel, business interruption insurance lawsuits are not. Accordingly, in the initial wave of lawsuits arising from the pandemic, both business owners and courts throughout the country seemed trapped in a fixed mindset about this new type of case. Reeling from loss and damage, business owners assumed that since their businesses had been interrupted by COVID-19, their claims had merit. Courts, meanwhile, reading insurance policies narrowly, dismissed claims related to the virus for lack of tangible alteration to business property. In recent months, however, litigators have embraced more creative arguments to persuade the courts to hear their cases. The courts have, in turn, opened their ears (and maybe their hearts, too) to the plight of American businesses that have suffered on a truly historic scale.</p>
<div class="read_more_link"><a href="https://www.khflaw.com/news/legal-intelligencer-business-interruption-claims-in-the-covid-19-era-litigators-find-hope/"  title="Continue Reading Legal Intelligencer: Business-Interruption Claims in the COVID-19 Era: Litigators Find Hope" class="more-link">Continue reading ›</a></div>
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		<post-id xmlns="com-wordpress:feed-additions:1">6047</post-id>	</item>
		<item>
		<title>Legal Intelligencer: The Future of Business Contracts Post-COVID-19</title>
		<link>https://www.khflaw.com/news/legal-intelligencer-the-future-of-business-contracts-post-covid-19/</link>
		
		<dc:creator><![CDATA[Edward T. Kang]]></dc:creator>
		<pubDate>Mon, 06 Jul 2020 16:57:12 +0000</pubDate>
				<category><![CDATA[Publications]]></category>
		<category><![CDATA[COVID-19]]></category>
		<category><![CDATA[Edward T. Kang]]></category>
		<category><![CDATA[Force Majeure]]></category>
		<category><![CDATA[Legal Intelligencer]]></category>
		<guid isPermaLink="false">https://www.businesslitigationtrends.com/?p=425</guid>

					<description><![CDATA[While it is likely that businesses will think to add force majeure clauses to future contracts, there is also reason to believe the specific language of these clauses could be modified. Likewise, there are other changes to be expected in post-pandemic contracts. In the July 2, 2020 edition of The Legal Intelligencer Edward T. Kang, managing [&#8230;]]]></description>
										<content:encoded><![CDATA[<p class="article-description"><em><img decoding="async" class="aligncenter wp-image-426 size-large" src="https://www.khflaw.com/news/wp-content/uploads/2020/08/UNUSED-Laptop-1024x576-1.png" alt="Laptop with various paper coming out of it" width="1024" height="576" />While it is likely that businesses will think to add force majeure clauses to future contracts, there is also reason to believe the specific language of these clauses could be modified. Likewise, there are other changes to be expected in post-pandemic contracts.</em></p>
<p>In the July 2, 2020 edition of <a href="https://www.law.com/thelegalintelligencer"><em>The Legal Intelligencer</em></a> Edward T. Kang, managing member of Kang Haggerty wrote “<a href="https://www.law.com/thelegalintelligencer/2020/07/02/the-future-of-business-contracts-post-covid-19/?fbclid=IwAR0JBPSdtQsA8c2TSzgqSoeQfRg6IG3IphanzRkCQTW6k-WzIQRMA41ZTYA">The Future of Business Contracts Post-COVID-19.</a>”</p>
<p>Recently, I authored a <a href="https://www.businesslitigationtrends.com/legal-intelligencer-force-majeure-during-a-pandemic-and-potential-contractual-disputes/">column</a> on force majeure clauses. In that space, I explained how many businesses have recently been turning to force majeure clauses in their contracts for protection in light of the COVID-19 pandemic. While it is likely that businesses will think to add force majeure clauses to future contracts, there is also reason to believe the specific language of these clauses could be modified. Likewise, there are other changes to be expected in post-pandemic contracts.</p>
<div class="read_more_link"><a href="https://www.khflaw.com/news/legal-intelligencer-the-future-of-business-contracts-post-covid-19/"  title="Continue Reading Legal Intelligencer: The Future of Business Contracts Post-COVID-19" class="more-link">Continue reading ›</a></div>
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		<post-id xmlns="com-wordpress:feed-additions:1">425</post-id>	</item>
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		<title>COVID-19 UPDATES: An Introduction to PPP Flex Act</title>
		<link>https://www.khflaw.com/news/covid-19-updates-introduction-to-ppp-flex/</link>
		
		<dc:creator><![CDATA[Jacklyn Fetbroyt]]></dc:creator>
		<pubDate>Mon, 22 Jun 2020 18:05:16 +0000</pubDate>
				<category><![CDATA[Miscellaneous]]></category>
		<category><![CDATA[Business]]></category>
		<category><![CDATA[COVID-19]]></category>
		<category><![CDATA[Jacklyn Fetbroyt]]></category>
		<guid isPermaLink="false">https://www.businesslitigationtrends.com/?p=418</guid>

					<description><![CDATA[On June 5, 2020, the Paycheck Protection Program Flexibility Act of 2020 (“PPP Flex”) was signed into law. PPP Flex was designed to limit some of the restrictions and provide clarification for the original Paycheck Protection Program (“PPP”). Notably, PPP Flex grants borrowers additional time to incur costs that count towards PPP loan forgiveness, reduces [&#8230;]]]></description>
										<content:encoded><![CDATA[<p><img loading="lazy" decoding="async" class="aligncenter size-large wp-image-419" src="https://www.khflaw.com/news/wp-content/uploads/2020/08/Businesswoman-with-Briefcase-1024x576-1.png" alt="Businesswoman waving with right hand and holding briefcase in left." width="1024" height="576" />On June 5, 2020, the Paycheck Protection Program Flexibility Act of 2020 (“PPP Flex”) was signed into law. PPP Flex was designed to limit some of the restrictions and provide clarification for the original Paycheck Protection Program (“PPP”).</p>
<p>Notably, PPP Flex grants borrowers additional time to incur costs that count towards PPP loan forgiveness, reduces the portion of cost that must be allocated to payroll cost, and provides additional exemption from the Coronavirus Aid Relief, and Economic Security Act (the CARES Act”), the legislation that authorized PPP.</p>
<p>The CARES Act provides that some or all of the borrower’s PPP loan maybe forgiven based on the cost and payments made during what is called the “Cover Period.” The Cover Period begins when the PPP loan is disbursed or, if the borrower elects, from the start of the first regular payroll after the PPP loan is first disbursed. The Cover Period was originally set to be eight (8) weeks; however, under the PPP Flex, the Cover Period may be extended to the earlier of twenty-four (24) weeks after the loan origination or December 31, 2020. Nothing precludes an existing PPP loan borrower from using the original 8-week Cover Period. Under PPP Flex, the percentage that the borrower must use for payroll costs to be eligible for forgiveness was reduced. With the SBA’s final interim rule setting the percentage at 75%, legislators have reduced the amount to 60%, such that now 40% of the loan may be used (during the Cover Period) for certain permitted non-payroll costs such as mortgage interest, rent and utilities. PPP Flex also extends the original 6-month deferral period to up to 10 months after the applicable Covered Period, and extends the maturity date of unforgiven portions of the loans to five (5) years from the date of the forgiveness application.</p>
<div class="read_more_link"><a href="https://www.khflaw.com/news/covid-19-updates-introduction-to-ppp-flex/"  title="Continue Reading COVID-19 UPDATES: An Introduction to PPP Flex Act" class="more-link">Continue reading ›</a></div>
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		<post-id xmlns="com-wordpress:feed-additions:1">418</post-id>	</item>
		<item>
		<title>COVID-19 UPDATES: NJ Extension of Property Tax Appeals</title>
		<link>https://www.khflaw.com/news/covid-19-updates-nj-extension-of-property-tax-appeals/</link>
		
		<dc:creator><![CDATA[Jacklyn Fetbroyt]]></dc:creator>
		<pubDate>Mon, 08 Jun 2020 17:54:33 +0000</pubDate>
				<category><![CDATA[Miscellaneous]]></category>
		<category><![CDATA[COVID-19]]></category>
		<category><![CDATA[New Jersey]]></category>
		<guid isPermaLink="false">https://www.businesslitigationtrends.com/?p=415</guid>

					<description><![CDATA[On May 28th, New Jersey Governor Phil Murphy signed legislation A4157, which temporarily extends the deadline for filing property tax appeals and processing decisions in those cases. The legislature believed that, due to the current pandemic, many people were unable to file the appeals by usual April 1 or May 1, 2020 deadlines. As such, [&#8230;]]]></description>
										<content:encoded><![CDATA[<p><img loading="lazy" decoding="async" class="aligncenter size-large wp-image-416" src="https://www.khflaw.com/news/wp-content/uploads/2020/08/Green-house-with-red-roof-1024x576-1.png" alt="Green house with red roof" width="1024" height="576" />On May 28th, New Jersey Governor Phil Murphy signed legislation A4157, which temporarily extends the deadline for filing property tax appeals and processing decisions in those cases. The legislature believed that, due to the current pandemic, many people were unable to file the appeals by usual April 1 or May 1, 2020 deadlines. As such, the deadline to file an appeal of the assessment of real property is extended to July 1, 2020. The deadline for county boards of taxation to render decisions in tax appeal cases has also been extended, to September 30, 2020. This bill does not apply to certain tax appeals, such as in counties participating in the Demonstration Program or operating under Property Tax Assessment Reform Act. This bill will go into effective immediately and will be applied retroactively to April 1, 2020.</p>
<p><strong><em><a href="https://www.khflaw.com/jacklyn-fetbroyt.html">Jacklyn Fetbroyt</a></em></strong><em> is a founding member of Kang Haggerty LLC and is currently a committeeperson of the Voorhees Township Committee. Among other things, Jackie focuses on counseling companies and business owners through all stages of their ventures from conception to dissolution, assisting her business clients in all of their needs for maintenance and growth. On Township Committee, Jackie strives to be a resource to and ears of the residents in her hometown. </em></p>
<p><em>In this ever-changing landscape of information and legislation, please be aware that the information contained in this blog post may no longer be relevant or applicable.</em> <em>The content of this post is for informational purposes only and should not be construed as legal advice or legal opinion</em><em>. </em></p>
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		<post-id xmlns="com-wordpress:feed-additions:1">415</post-id>	</item>
		<item>
		<title>Withdrawal Liability Basics</title>
		<link>https://www.khflaw.com/news/withdrawal-liability-basics/</link>
		
		<dc:creator><![CDATA[Henry J. Donner]]></dc:creator>
		<pubDate>Thu, 28 May 2020 18:46:39 +0000</pubDate>
				<category><![CDATA[Multi-employer Pensions, Benefits & ERISA]]></category>
		<category><![CDATA[Publications]]></category>
		<category><![CDATA[Risk Management Counseling]]></category>
		<category><![CDATA[COVID-19]]></category>
		<guid isPermaLink="false">https://www.businesslitigationtrends.com/?p=407</guid>

					<description><![CDATA[Given the pandemic and its effect on financial markets coupled with the loss of contribution hours in certain industries, such a construction, many defined benefit pension plans have become underfunded once again.  What may come as a surprise to contributing employers of multi-employer pension plans is the impact an underfunded pension plan can have on [&#8230;]]]></description>
										<content:encoded><![CDATA[<p><img loading="lazy" decoding="async" class="aligncenter size-large wp-image-408" src="https://www.khflaw.com/news/wp-content/uploads/2020/08/Business-Reports-1024x576-1.png" alt="Tablet with financial reports next to man with briefcase." width="1024" height="576" />Given the pandemic and its effect on financial markets coupled with the loss of contribution hours in certain industries, such a construction, many defined benefit pension plans have become underfunded once again.  What may come as a surprise to contributing employers of multi-employer pension plans is the impact an underfunded pension plan can have on their business upon withdrawal from the plan.  Employers should be aware of withdrawal liability and how to minimize its financial consequences.<span id="more-407"></span></p>
<p><strong>How did withdrawal liability come about? </strong></p>
<p>In September 1980, Congress enacted the Multi-Employer Pension Plan Amendments Act (the “Act”) which, among other things, required plan trustees to collect a withdrawal liability from a multi-employer plan (“MPP”).  One of the rationales for the Act being if one employer of a ten-employer plan withdraws, that would leave nine remaining employers picking up the share of the withdrawing employer.</p>
<p><strong>What triggers withdrawal liability?</strong></p>
<p>Any significant reduction in an employer’s duty to contribute – including sale of business assets, layoffs, plant closures or changes in a collective bargaining agreement – can trigger a complete or partial withdrawal from a plan, resulting in withdrawal liability.</p>
<p><strong>How is the amount of withdrawal liability calculated? </strong></p>
<p>Generally, the amount of withdrawal liability is an employer’s share of the plan’s unfunded vested liabilities.  Unfunded vested benefit liabilities are measured by the difference between fund assets and the promises the fund has made to participants to pay for existing and future pension benefits.  The employer’s share is determined under a statutory formula.</p>
<p><strong>After the amount is calculated what happens next? </strong></p>
<p>After the Plan determines the amount of the liability, it notifies an employer of the amount, and collects the amount from the employer.  The amount can be startling to an employer.  In many cases, where employers seeking to sell their businesses through an asset sale or simply close down, withdrawal liability becomes an insurmountable obstacle.</p>
<p><strong>What can be done to reduce the liability? </strong></p>
<p>An employer who withdraws may be able to reduce the withdrawal liability depending upon what business valuation is used.  The Act recognizes that net book value reported on a company’s balance sheet rarely represents its liquidation value.  It is recommended a company facing such a liability obtain expert assistance in determining its liquidation value and calculating its withdrawal liability based on that value.</p>
<p><strong>How should a company facing such an unexpected impediment to its business plan proceed? </strong></p>
<p>Since the rules governing withdrawal liability are complicated, companies facing these issues should consult with their accountants and legal counsel having expertise in this area.</p>
<p><a href="https://www.khflaw.com/henry-j-donner.html"><strong>Henry J. Donner</strong></a> is of counsel to the firm. Henry’s professional network puts him in the forefront of multi-employer/union benefit plan practice which covers matters such as health cost containment and management of liability associated with employers’ contributions to pension plans.</p>
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		<post-id xmlns="com-wordpress:feed-additions:1">407</post-id>	</item>
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		<title>Are you prepared for Post COVID-19 Litigation?</title>
		<link>https://www.khflaw.com/news/are-you-prepared-for-post-covid-19-litigation/</link>
		
		<dc:creator><![CDATA[Kang Haggerty LLC]]></dc:creator>
		<pubDate>Thu, 28 May 2020 18:05:00 +0000</pubDate>
				<category><![CDATA[Business Litigation and Dispute Resolution]]></category>
		<category><![CDATA[Insurance Bad Faith]]></category>
		<category><![CDATA[Publications]]></category>
		<category><![CDATA[COVID-19]]></category>
		<category><![CDATA[Force Majeure]]></category>
		<category><![CDATA[New Jersey]]></category>
		<category><![CDATA[New York]]></category>
		<category><![CDATA[Pennsylvania]]></category>
		<category><![CDATA[Philadelphia]]></category>
		<guid isPermaLink="false">https://www.businesslitigationtrends.com/?p=404</guid>

					<description><![CDATA[With Complaints Rapidly Increasing across the U.S., Now is the time to act As of May 26, 2020, 2,278 complaints have been filed nationwide over the global pandemic COVID-19 according to the COVID-19 Complaint Tracker developed by lawyers at Hunton Andrews Kurth LLP. While the largest amount of these complaints deal with prison conditions and [&#8230;]]]></description>
										<content:encoded><![CDATA[<p><img loading="lazy" decoding="async" class="aligncenter size-large wp-image-405" src="https://www.khflaw.com/news/wp-content/uploads/2020/08/Judge-1024x576-1.png" alt="Female judge holding notebook and gavel" width="1024" height="576" /></p>
<p><em>With Complaints Rapidly Increasing across the U.S., Now is the time to act</em></p>
<p>As of May 26, 2020, 2,278 complaints have been filed nationwide over the global pandemic COVID-19 according to the <a href="https://www.huntonak.com/en/covid-19-tracker.html">COVID-19 Complaint Tracker</a> developed by lawyers at Hunton Andrews Kurth LLP. While the largest amount of these complaints deal with prison conditions and civil rights , the next highest areas of litigation involve insurance disputes, consumer disputes, labor and employment issues  and contract disputes. Claims regarding employment, contracts and force majeure provisions, or clauses contained in contracts which excuse performance due to natural destructive acts also known as “acts of God,” are on the rise. These complaints will continue to be filed as the effects of COVID-19 continue to be felt in ever-changing ways. Many of these complaints have been filed in jurisdictions where Kang Haggerty regularly practices—namely COVID-19 hot spots New York, Pennsylvania and New Jersey.<span id="more-404"></span></p>
<p>Although the COVID-19 Complaint tracker does not capture <em>all </em>of the COVID-19 related cases filed, it does provide insight into how this disruptive and deadly virus has negatively impacted business and individuals across the United States. Further, these metrics only represent disputes that have escalated to the point of initiating litigation, a costly and potentially prolonged endeavor. Many disputes are not captured in the above data either because a wronged party has not retained representation to advocate for their grievance, talks between opposing parties are ongoing, or settlements have been reached. Determining your best course of action can be critical.</p>
<p>Filing a complaint is one of the many tools skilled litigators have in their arsenal to obtain favorable outcomes for their clients. But before filing a complaint one needs to be clear on what terms govern your agreement, the responsibilities of all parties involved, how actions taken by either party may result in a breach to the agreement, and what protections from disruption are afforded to you under the terms of your agreement, your municipality, state or, or under federal statute. By consulting a lawyer to analyze your situation promptly, you may be able to avoid costly litigation related to any disruptions in service you experience or provide as a result of COVID-19. Kang Haggerty LLC has, for instance, successfully utilized force majeure clauses to excuse nonperformance under contracts, which enabled clients facing millions of dollars in liabilities to walk away from disrupted contracts with no penalty fees assessed or for significantly less than they were facing in settlements. As the metrics make clear, COVID-19 is fertile ground for disputes among individuals and businesses that continue to grow each day as our nation attempts to achieve a new normal.</p>
<p>Please consult our <a href="https://www.businesslitigationtrends.com/khf-covid-19-resources-preparing-for-post-covid-19-litigation/"><strong>Kang Haggerty COVID-19 Resources: Preparing for Post COVID-19 Litigation </strong></a>page for additional information on specific practice areas and issues to consider, along with helpful tips and advice on preparing for reopening in a COVID-19 world, reducing liability and the likelihood of being sued successfully.</p>
<p><em>Tianna K. Kalogerakis is an associate at Kang Haggerty LLC, where she concentrates her practice on commercial litigation and business disputes. Tianna is the immediate past president of Barristers’ Association of Philadelphia.</em></p>
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		<post-id xmlns="com-wordpress:feed-additions:1">404</post-id>	</item>
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		<title>Kang Haggerty COVID-19 Resources: Preparing for Post COVID-19 Litigation</title>
		<link>https://www.khflaw.com/news/khf-covid-19-resources-preparing-for-post-covid-19-litigation/</link>
		
		<dc:creator><![CDATA[Kang Haggerty LLC]]></dc:creator>
		<pubDate>Tue, 26 May 2020 18:49:36 +0000</pubDate>
				<category><![CDATA[Business Litigation and Dispute Resolution]]></category>
		<category><![CDATA[Insurance Bad Faith]]></category>
		<category><![CDATA[Miscellaneous]]></category>
		<category><![CDATA[COVID-19]]></category>
		<category><![CDATA[Force Majeure]]></category>
		<category><![CDATA[Pennsylvania]]></category>
		<category><![CDATA[Philadelphia]]></category>
		<guid isPermaLink="false">https://www.businesslitigationtrends.com/?p=411</guid>

					<description><![CDATA[In a changing COVID-19 world filled with new regulations, adjustments, and uncertainty, Kang Haggerty provides services to help our clients avoid litigation or to obtain favorable outcomes in litigation. Some COVID-19 services offered by Kang Haggerty that will help you address COVID-19-related issues include: Covid-19 Whistleblower, Qui Tam and False Claims Actions regarding recoupment of [&#8230;]]]></description>
										<content:encoded><![CDATA[<p><img loading="lazy" decoding="async" class="aligncenter size-large wp-image-412" src="https://www.khflaw.com/news/wp-content/uploads/2020/08/Business-Woman-with-notepad-1024x576-1.png" alt="Business woman holding red notepad" width="1024" height="576" /></p>
<p>In a changing COVID-19 world filled with new regulations, adjustments, and uncertainty, Kang Haggerty provides services to help our clients avoid litigation or to obtain favorable outcomes in litigation. Some COVID-19 services offered by Kang Haggerty that will help you address COVID-19-related issues include:<span id="more-411"></span></p>
<ul>
<li><strong>Covid-19 Whistleblower, <em>Qui Tam</em> and False Claims Actions</strong> regarding recoupment of misappropriates government funds</li>
<li><strong>Contracting Disputes Resulting from Non-performance due to COVID-19 and the Invocation of Force Majeure</strong></li>
<li><strong>Business Disruption or Business Loss Claims due to COVID-19</strong></li>
<li><strong>Insurance Litigation and Recovery</strong></li>
<li><strong>Insurance Bad Faith Claims for Refusal to Pay for COVID-19 Losses</strong></li>
<li><strong>Legal Issues Involving Supply Chain &amp; Distribution</strong></li>
<li><strong>Compliance with Pennsylvania’s Guidance for Construction Industry Businesses Permitted to Operate During the COVID-19 Disaster Emergency</strong></li>
<li><strong>Compliance with the City of Philadelphia’s Guidance for Construction Industry Businesses Permitted to Operate During the COVID-19 Disaster Emergency</strong></li>
<li><strong>Employer liability for Employee Exposure to COVID-19</strong></li>
<li><strong>Compliance with HIPAA regarding Privacy Standards and Security Measures for Protected Health Information and electronically stored Protected Health Information</strong></li>
</ul>
<p>Kang Haggerty can provide consultations and analyses on any of the above matters and more, specific to your needs and considerations. COVID-19 presents a series of unique and circumstances in a landscape that is ever-changing. Consult one of our attorneys today to learn the most up-to-date insight on COVID-19 issues impacting you.</p>
<p>Additionally, our business clients can take steps today to prepare for reopening in a COVID-19 world and reducing their liability and the likelihood of being sued successfully:</p>
<ol>
<li>Have a justification for the actions you take</li>
<li>Thoroughly document your actions</li>
<li>Encourage remote work be confined to company-issued devices and programs</li>
<li>Assess your document retention policies</li>
<li>Evaluate your regulatory compliance and potential exposure</li>
<li>Search for small problems that may become big problems over time</li>
<li>Be wary of wrongful conduct and avoid engaging in questionable conduct</li>
<li>Touch base with your clients and vendors to keep your rapport strong</li>
<li>Determine whether changes or concessions are needed in your contract</li>
<li>Consider the future and how your business may grow to take advantage of opportunities presented</li>
</ol>
<p><em><strong>Now is the time to take steps to insulate you and your business from liability. <a href="https://www.khflaw.com/contact-us.html">Contact us</a> today to determine what steps you should take to protect yourself and your business.</strong></em></p>
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		<title>COVID-19 UPDATES:  New Jersey Resumes Elective Medical Procedures; Doc Offices Re-opening Under New Guidance</title>
		<link>https://www.khflaw.com/news/covid-19-updates-new-jersey-resumes-elective-medical-procedures-doc-offices-re-opening-under-new-guidance/</link>
		
		<dc:creator><![CDATA[Jacklyn Fetbroyt]]></dc:creator>
		<pubDate>Fri, 22 May 2020 19:52:29 +0000</pubDate>
				<category><![CDATA[Miscellaneous]]></category>
		<category><![CDATA[COVID-19]]></category>
		<category><![CDATA[New Jersey]]></category>
		<guid isPermaLink="false">https://www.businesslitigationtrends.com/?p=397</guid>

					<description><![CDATA[On May 15, 2020 Governor Phil Murphy issued Executive Order 145, allowing elective surgeries and elective invasive procedures to resume. Under EO-109,  healthcare facilities were instructed to cease performing all elective surgeries and invasive procedures, intending (largely) to free up PPE and beds. Based on evidence that COVID-19 reached its maximum impact on the healthcare [&#8230;]]]></description>
										<content:encoded><![CDATA[<p><img loading="lazy" decoding="async" class="aligncenter size-large wp-image-398" src="https://www.khflaw.com/news/wp-content/uploads/2020/08/Doctor-1024x576-1.png" alt="Doctor" width="1024" height="576" />On May 15, 2020 Governor Phil Murphy issued Executive Order 145, allowing elective surgeries and elective invasive procedures to resume. <a href="https://www.businesslitigationtrends.com/covid-19-updates-n-j-suspends-elective-medical-procedures-as-of-friday/">Under EO-109</a>,  healthcare facilities were instructed to cease performing all elective surgeries and invasive procedures, intending (largely) to free up PPE and beds.</p>
<p><span id="more-397"></span>Based on evidence that COVID-19 reached its maximum impact on the healthcare system in the middle of April, the Order permits the resumption of elective procedures based on the reduction in the burden on the health care systems from COVID-19. As such, under EO-145, beginning at 5:00 a.m. on Tuesday May 26, 2020, the suspension on elective surgeries and invasive procedures under EO-109 is rescinded and elective surgeries and invasive procedures, as defined by EO-109, may proceed at healthcare facilities, provided they follow policies issued by the Department of Health (DOH) in consultation with the Division of Consumer Affairs (DCA).</p>
<h3>GUIDANCE POLICIES</h3>
<p>On May 19, 2020, DOH issued two guidance documents: one for hospitals and one for ambulatory surgery centers. The documents were substantially similar in addressing the precautions and limitations regarding resuming elective surgeries and invasive procedures. These facilities must, among other things, implement all the State and CDC guidelines for limiting COVID-19 exposure, frequently screen staff for COVID-19 related symptoms, require employees and patients to wear masks, maintain social distancing when feasible, distinguish separate areas for COVID-19 patients and non-COVID-19 patients, and implement a frequent cleaning and disinfecting.</p>
<p>Notably, the facilities must also must be prepared for another surge of COVID-19 cases and create plans that include a review of capacity data, prioritization policy for providing care and scheduling for the again-permissible procedures, training for use and sufficient supply (for the protection of both healthcare workers and patients) of PPE, collection of COVID-19 related data, and no/limited visitation policies. Ambulatory surgery centers are also required to have a transfer agreement in place with an acute healthcare facility to prepare for a potential second wave of COVID-19 infections and are not permitted to perform procedures are COVID-19 positive patients. The DOH guidance can be found <a href="https://nj.gov/health/legal/covid19/">here</a>.</p>
<p>The DCA also issued policy guidance regarding the resumption of elective procedures in any outpatient setting, which stated that – to the extent possible – healthcare professionals should limit person-to-person contact in the office, including by continuing to utilize telemedicine. Practitioners must also facilitate social distancing, adopt enhanced office cleaning and disinfection practices, establish rigorous protections for staff, and stay informed about new developments and guidance related to COVID-19. Additional safeguards apply to healthcare professionals providing care that involves direct contact with a patient’s face, eyes, or mouth, or present a high risk of aerosolization, including dentists, oral surgeons, pulmonologists, otolaryngologists and eye care professionals. The DCA’s Administrative Order can be found <a href="https://www.njconsumeraffairs.gov/COVID19/Documents/DCA-AO-2020-07.pdf">here.</a></p>
<p><em><a href="https://www.khflaw.com/jacklyn-fetbroyt.html">Jacklyn Fetbroyt</a> is a founding member of Kang Haggerty LLC and is currently a committeeperson of the Voorhees Township Committee and a board member for Doctors Advisory Alliance. Among other things, Jackie focuses on counseling companies and business owners through all stages of their ventures from conception to dissolution, assisting her business clients in all of their needs for maintenance and growth. On Township Committee, Jackie strives to be a resource to and ears of the residents in her hometown. </em></p>
<p><em><a href="https://www.khflaw.com/news/wp-content/uploads/2020/05/DAA-Guide-to-Getting-Back-.pdf">DAA Guide to Getting Back</a> is a free webinar series by the Doctors Advisory Alliance. Learn more <a href="https://www.khflaw.com/news/jacklyn-fetbroyt-presenting-for-doctors-advisory-alliances-guide-to-getting-back/">here</a>.</em></p>
<p><em>In this ever-changing landscape of information and legislation, please be aware that the information contained in this blog post may no longer be relevant or applicable. The content of this post is for informational purposes only and should not be construed as legal advice or legal opinion.</em></p>
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		<post-id xmlns="com-wordpress:feed-additions:1">397</post-id>	</item>
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		<title>COVID-19 UPDATES: NJ Starts &#8220;The Road Back&#8221;</title>
		<link>https://www.khflaw.com/news/covid-19-updates-nj-starts-the-road-back/</link>
		
		<dc:creator><![CDATA[Jacklyn Fetbroyt]]></dc:creator>
		<pubDate>Thu, 14 May 2020 18:42:32 +0000</pubDate>
				<category><![CDATA[Miscellaneous]]></category>
		<category><![CDATA[COVID-19]]></category>
		<category><![CDATA[New Jersey]]></category>
		<guid isPermaLink="false">https://www.businesslitigationtrends.com/?p=386</guid>

					<description><![CDATA[On May 13, 2020 Governor Murphy issued Executive Order 142, permitting the resumption of non-essential construction, curbside pickup at non-essential retail businesses, and car gatherings for the purpose of drive-through and drive-in events. The construction and non-essential retail provisions will take effect at 6:00 a.m. on Monday, May 18th, while the car gatherings provision will [&#8230;]]]></description>
										<content:encoded><![CDATA[<p><img loading="lazy" decoding="async" class="aligncenter size-large wp-image-387" src="https://www.khflaw.com/news/wp-content/uploads/2020/08/Car-1024x576-1.png" alt="Red four-door car" width="1024" height="576" /></p>
<p>On May 13, 2020 Governor Murphy issued Executive Order 142, permitting the resumption of non-essential construction, curbside pickup at non-essential retail businesses, and car gatherings for the purpose of drive-through and drive-in events. The construction and non-essential retail provisions will take effect at 6:00 a.m. on Monday, May 18th, while the car gatherings provision will take effect immediately. EO142 reduces and supersedes some of the restrictions that were previously in under Executive Order 107 and 122.<span id="more-386"></span></p>
<h3>Resumption Non-Essential Construction</h3>
<p>The Order permits non-essential construction projects to resume effective at 6:00 a.m. on May 18, 2020. All construction projects must abide by the social distancing, safety, and sanitization requirements such as:<br />
• requiring workers and visitors to wear facial coverings (the employer must provide to workers) and gloves,<br />
• limiting the worksite meetings to groups of 10 individuals or less,<br />
• staggering work times,<br />
• setting infection control policies,<br />
• addressing high-risk areas (e.g., breakrooms and elevators),<br />
• having workers maintain six-feet apart when possible,<br />
• frequently sanitizing common areas, and<br />
• allowing frequent break times so workers can wash their hands.</p>
<h3>The New Social: Car Gatherings</h3>
<p>The Order states that car gatherings do not violate the Governor’s ban on gatherings under Executive Order No. 107. Examples of such car gatherings include but are not limited to drive-in movies, religious services, or drive-through farms or safaris. Car gatherings will be subject to the restrictions described in EO142, such as attendees participating must arrive and remain in their vehicles, the vehicle must remain closed the entire time unless they are at least six feet apart, individuals who are organizing the event may exit their vehicles but must wear a facial covering at all times and maintain social distancing, and there must be a form of contactless payment for these gatherings. Gatherings following these policies will not violate Executive Order 107.<br />
Also note that gatherings that do not adhere to the strictures of EO142 that are less than 10 people are in compliance with EO107, but more than 10 people will be considered in violation of that order.</p>
<h3>The New Shopper: Non-Essential Retail</h3>
<p>Non-essential retail businesses are permitted, as of May 18th in the morning, to reopen to the public for “curbside-pick-up” only, provided they adhere to the minimum policies described in the order, such as enforcing infection control practices, providing employees with facial coverings, limiting in-store operations to those employees who are responsible for curbside pickup, transactions (including notification of “ready time”) shall be handled in advance to avoid person-to-person contact.<br />
EO142 stresses the continued need to keep measures in place to reduce new COVID-19 infections, particularly until increased metrics relating to expanded testing and use of contact tracing have been satisfied. The Governor, however, has determined that the decrease in the rate of reported new cases coupled with the reduced risk by adhering to the requirements in the order in these particularly areas, permits the safe re-opening of construction projects, curbside retail, and vehicular gatherings.</p>
<p><strong><em><a href="https://www.khflaw.com/jacklyn-fetbroyt.html">Jacklyn Fetbroyt</a></em></strong><em> is a founding member of Kang Haggerty LLC and is currently a committeeperson of the Voorhees Township Committee. Among other things, Jackie focuses on counseling companies and business owners through all stages of their ventures from conception to dissolution, assisting her business clients in all of their needs for maintenance and growth. On Township Committee, Jackie strives to be a resource to and ears of the residents in her hometown. </em></p>
<p><em>In this ever-changing landscape of information and legislation, please be aware that the information contained in this blog post may no longer be relevant or applicable.</em> <em>The content of this post is for informational purposes only and should not be construed as legal advice or legal opinion</em><em>. </em></p>
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