COVID-19 Response & Resources

Experience

Businesses today are facing unprecedented disruptions as the COVID-19 pandemic shapes a new normal. Yet, what remains unchanged is our ability to quickly mobilize our full service practice platform to help clients manage and, where possible, mitigate the disruption. 

Since the onset of the pandemic, Windels Marx has been assisting clients with understanding how to protect assets, manage human capital, unwind commitments, leverage government programs, pursue various forms of relief and implement a myriad of business strategies. Our work touches nearly every industry, including (but not limited to): real estate, hospitality, healthcare, banking and finance, manufacturing, transportation and non-profits.

A significant number of our lawyers have practiced alongside one another for decades, which provides a unique perspective on crises generally, their fallout and recovery strategies. From the financial collapse in 2008 and the resulting Lehman Brothers and Madoff bankruptcies to environmental and natural disasters, such as Hurricane Sandy, and now with COVID-19, we have a substantial bench of lawyers with deep experience and tools to address emergent matters. 

Representative Matters

Real Estate

  • Represented a real estate investment company as the purchaser of a multi-family apartment complex in Virginia. When COVID-19 impacted the U.S., the client was under contract and reevaluating the purchase. Our work involved reviewing the contract for potential breached representations, warranties, covenants and closing conditions that would entitle our client to terminate the contract and reclaim the deposit. In addition, we researched Virginia law and found that COVID-19 may excuse our client’s performance under the contract due to the doctrine of impossibility and the doctrine of frustration of purpose. We ultimately negotiated a deal for the client to successfully walk away from the transaction with their deposit.
  • Represented a real estate investment company in connection with obtaining a PPP loan for a hotel in Cincinnati, OH. 
  • Represented a real estate investment company as borrower on several different loan modifications involving the negotiation of payment deferrals and forbearance agreements, as a result of COVID-19.
  • Represented numerous clients in analyzing force majeure clauses in construction agreements and leases, and advised them on appropriate notifications to assert force majeure or respond to claims of force majeure arising from COVID-19 delays.
  • Assisted numerous landlords and tenants in the analysis of supply chain risks and the scheduling impact on construction projects as a result of COVID-19.
  • On behalf of a non-profit, worked with architects and construction professionals to devise a building re-opening and back-to-work strategy, including the analysis of alternatives for restroom disinfection, path of travel and HVAC system upgrades.
  • On an ongoing basis, advising a New York State public benefit corporation on lease restructuring matters relating to COVID-19, as well as longer term lease renegotiations.
  • Advised a tenant with respect to developing alternative proposals to their landlord for a rent holiday or other relief.
  • Developed a force majeure clause to provide our client, as the tenant, with the ability to delay rent commencement based on construction delays from both COVID-19 or another potential viral or bacterial outbreak.
  • Advised various commercial tenants in their negotiations for rent abatements or deferments under their New York City office leases. 

Finance, Workouts & Restructurings

  • Advising various lenders on key aspects of The Main Street Lending Program, as well as the terms of various loan products and the potential modification strategies and default contingencies. 
  • Represented a major regional bank in a loan under the Main Street Lending Program. The transaction utilized the Main Street Priority Loan Facility option to restructure the existing indebtedness of the bank’s new customer, and also involved a companion non-Main Street credit facility to support the ongoing working capital needs of the customer. As required by the Program, the two facilities shared a parity lien on the assets of the borrower. To date, this Main Street Priority Loan is one of the first and among the largest closed under the Program. 
  • Represented Hackensack Meridian Health, Inc. in its offering of $1 billion Hackensack Meridian Health Taxable Bonds, Series 2020.
  • Representing a healthcare provider in various financing matters in a COVID-19 context.
  • Representing a cultural institution regarding loans and assistance available under The CARES Act.

Corporate & Employment

  • Representing various clients pertaining to their participation in the Paycheck Protection Program.
  • Representing the seller in a sale of PPE equipment.
  • Representing a manufacturer regarding New Jersey law exemptions and restrictions pertaining to facility occupancy in a COVID-19 context.
  • Advising a professional services company on guidelines for return to work in a COVID-19 context.

Insurance

  • Representing a sports interest in its insurance policy review in a COVID-19 context.

Governmental

  • Representing a healthcare provider on various state-level policies in a COVID-19 context.

Transportation

  • Representing numerous transportation interests in connection with The CARES Act and The Main Street Lending Program, as well as employment, compliance and related matters.

Private Client, Estates & Trusts

  • Advising numerous clients in the preparation of wills, trusts, health care proxies, living wills and powers of attorney in a COVID-19 context.
  • Advising the estates of numerous clients succumbing from COVID-19. While these cases are to receive priority in the Surrogate’s Courts, the process can be very time consuming.

Other Crisis Matters - Bankruptcy & Litigation

  • Acting as special counsel to Irving H. Picard, the SIPA Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC and the Chapter 7 Trustee of Bernard L. Madoff in connection with the recovery of assets for investors in Madoff's billion-dollar Ponzi scheme. In such capacity, we are currently litigating approximately 50 clawback lawsuits against transferees of assets of the debtors' consolidated estate. We are also acting as debtor's counsel in the Chapter 11 case of a Madoff-related entity with partial ownership interests in a private jet and in an adversary proceeding commenced thereunder, seeking authority for a Section 363 sale free and clear of all liens.
  • Served as special counsel to Lehman Brothers Holdings Inc., et al. in connection with the restructuring, refinancing, litigation, foreclosure and analysis of the debtors' substantial global real estate portfolio.
  • Represented, on an ongoing basis, a number of insurance carriers in the defense of claims as a result of catastrophic weather and other circumstances, including Hurricane Sandy.

Resources


Government Resources

Federal
New Jersey
New York

 

Team +


Newsroom +


Events +


Publications +

New York Extends Guaranteed Paid Sick Leave - Sep 15, 2020
COVID-19 - The Main Street Lending Program - July 31, 2020 Update - Jul 31, 2020
COVID-19 - The Main Street Lending Program - July 20, 2020 Update - Jul 20, 2020
COVID-19 - Navigating Contractual Disputes Arising From COVID-19 - Jul 13, 2020
COVID-19 - The Main Street Lending Program: Federal Reserve Proposes Expansion to Non-Profit Organizations - Jun 30, 2020
COVID-19 – The Main Street Lending Program: Federal Reserve Board Revises Key Terms of Main Street Lending Program, Updates FAQs and Launches Lender Registration - Jun 17, 2020
COVID-19 - The Federal Reserve’s Main Street Lending Program Now Open for Lender Registration - Jun 15, 2020
COVID-19 – The Main Street Lending Program: Federal Reserve Board Revises Key Terms of Main Street Lending Program - Jun 9, 2020
COVID-19 – The Main Street Lending Program: New May 2020 Guidance and Forms from Federal Reserve Bank of Boston - Jun 2, 2020
COVID-19 - Safety Plans and Other NY State Requirements as Businesses Prepare to Return to Work - May 27, 2020
COVID-19 - The Do’s And Don’ts Of Using Your PPP Loan In Order To Ensure That It Is Forgiven - May 8, 2020
COVID-19 – The CARES Act: Federal Reserve Board Issues Additional Guidance on The Main Street Lending Program - May 6, 2020
Federal Reserve Expands Main Street Loan Program! - May 1, 2020
COVID-19 - Understanding The Business Risks Associated With Remote Work Arrangements - May 1, 2020
CDC Issues Reopening Guidance, Including Disinfecting Vehicles: COVID-19 Transportation Update – April 30, 2020 - Apr 30, 2020
New NYC TLC Commissioner/Chair Confirmed for Free APRIL 30th IATR Webinar!: COVID-19 Transportation Update – Tuesday, April 28, 2020 - Apr 28, 2020
FMCSA Administrator Confirmed for IATR’s April 30th Webinar @ 11:00am EDT: COVID-19 Transportation Update – Monday, April 27, 2020 - Apr 27, 2020
Congress Finally Reaches Deal for More PPP & EIDL Funding!: COVID-19 Transportation Update – Tuesday, April 21, 2020 - Apr 21, 2020
Feds “Very Close” to $350 Billion More in CARES Act Funding!: COVID-19 Transportation Update – Monday, April 20, 2020 - Apr 20, 2020
New Law to Pay Sidelined School Bus Companies: COVID-19 Transportation Update – Sunday, April 19, 2020 - Apr 19, 2020
U.S. EEOC Pandemic Guidance: COVID-19 Transportation Update – Saturday, April 18, 2020 - Apr 18, 2020
Congress Negotiating Additional Deal on $250 Billion in New CARES Act Relief!: COVID-19 Transportation Update – Friday, April 17, 2020 - Apr 17, 2020
Federal Relief Programs Ran Out of Money! COVID-19 Transportation Update – Thursday, April 16, 2020 - Apr 16, 2020
COVID-19 - The CARES Act: The Main Street Lending Program - Apr 16, 2020
Accessible Transportation Resources: COVID-19 Transportation Update – Wednesday, April 15, 2020 - Apr 15, 2020
Private Financial Aid for Transport Companies: COVID-19 Transportation Update – Tuesday, April 14, 2020 - Apr 14, 2020
Drivers Should Apply Now for CARES Act Funding!: COVID-19 Transportation Update - Monday, April 13, 2020 - Apr 13, 2020
Independent Transport Drivers Can Now Apply for Federal Loans/Grants: COVID-19 Transportation Update - Saturday, April 11, 2020 - Apr 11, 2020
COVID-19 - The CARES Act: SBA Sec. 7(a) Paycheck Protection Program Loans and Loan Forgiveness - Apr 9, 2020
COVID-19 - Excusable Non-Performance Due to COVID-19 - Apr 9, 2020
New Main Street Lending Program for Mid-Size Transport Providers: COVID-19 Transportation Update - Thursday, April 9, 2020 - Apr 9, 2020
COVID-19 - Guide to the Payroll Protection Program - Apr 9, 2020
COVID-19 – Transportation Industry Resources to Address PPP Loan Program Concerns - Apr 9, 2020
COVID-19 - Summary of the Revised Interagency Statement on Loan Modifications and Reporting for Financial Institutions Working with Customers Affected by the Coronavirus - Apr 8, 2020
More CARES Act Funding On Way + Bus/Vehicle/Rental Fleet Issues: COVID-19 Transportation Update - Tuesday, April 7, 2020 - Apr 7, 2020
New Payroll Protection Program Loan FAQs & Checklist/Worksheet Calculator for Transport Providers: COVID-19 Transportation Update - April 6, 2020 - Apr 6, 2020
CDC Updates: COVID-19 Transportation Update - Sunday, April 5, 2020 - Apr 5, 2020
Emergency Info. for Bus Companies & Delivery Workers - Regulatory Compliance Changes, including ELD: COVID-19 Transportation Update - April 4, 2020 - Apr 4, 2020
More Changes Announced for SBA's Payroll Protection Program: COVID-19 Transportation Update - Friday, April 3, 2020 - Apr 3, 2020
COVID-19 - Private Client Services, Estates & Trusts - Workarounds for Emergent Planning - Apr 2, 2020
NYC SBS Loan/Grant Deadline is Tomorrow, April 3rd!: COVID-19 Transportation Update - Thursday, April 2, 2020 - Apr 2, 2020
Federal Payroll Protection Loan Applications Start April 3rd: COVID-19 Transportation Update - Wednesday, April 1, 2020 - Apr 1, 2020
Federal Grant & Loan Webinar for Transportation Providers: COVID-19 Transportation Update - Tuesday, March 31, 2020 - Mar 31, 2020
Podcast on How Transport Will Change: COVID-19 Transportation Update - Monday, March 30, 2020 - Mar 30, 2020
Get Ready to Apply for Federal Relief NOW, before the $ is gone!: COVID-19 Transportation Update - Saturday, March 29, 2020 - Mar 29, 2020
How Transportation Companies Can Apply for Emergency Relief: COVID-19 Transportation Update - Saturday, March 28, 2020 - Mar 28, 2020
The CARES Act Officially PASSED!: COVID-19 Transportation Update - Friday, March 27, 2020 - Mar 27, 2020
Federal Relief Coming Soon for Transportation Businesses & Drivers: COVID-19 Transportation Update - Thursday, March 26, 2020 - Mar 26, 2020
Congressional Help up to $10 Million for Each Transportation Company: COVID-19 Transportation Update - Wednesday, March 25, 2020 - Mar 25, 2020
More Stay at Home Orders in U.S.: COVID-19 Transportation Update - Tuesday, March 24, 2020 - Mar 24, 2020
NYC Driver Delivery Work Program!: COVID-19 Transportation Update - Monday, March 23, 2020 - Mar 23, 2020
​Are Transportation Workers Essential? – COVID-19 Transportation Update on Sunday, March 22, 2020 - Mar 22, 2020
COVID-19 Transportation Update - Saturday, March 21, 2020 - Mar 21, 2020
COVID-19 Transportation Update - Friday, March 20, 2020 - Mar 20, 2020
Last Chance to RSVP for Free Emergency Webinar – COVID-19 Transportation Industry Risk Mitigation & Resiliency - 12pm Friday, March 20, 2020 - Mar 20, 2020
COVID-19 - NJ Legislature Bill To Assist Small Businesses Clears Senate - Mar 19, 2020
COVID-19 Transportation Update - Thursday, March 19, 2020 - Mar 19, 2020
COVID-19 Transportation Update - March 18, 2020​ - Mar 18, 2020
Reminder to RSVP for Free Emergency Webinar on March 20 – COVID-19 Transportation Industry Risk Mitigation & Resiliency - March 18, 2020 - Mar 18, 2020
COVID-19 Transportation Update - March 17, 2020 - Mar 17, 2020