Below is a list of resources detailing responses to the coronavirus disease (COVID-19) by New York state and New York federal courts, alternative dispute resolution forums, and certain regulators. We will update these materials as new information is made available. For the most up-to-date information, please visit an entity's COVID-19 response page, where applicable, or its general website to check for new announcements. You can also visit Kramer Levin's Coronavirus Pandemic Legal Survival Guide for further updates. 

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Court / Entity

Current Status / COVID-19 Policy

Federal Courts

U.S.D.C., E.D.N.Y.

  • All jury trials scheduled to begin before April 27, 2020, are continued until further notice. Compliance with all trial-related deadlines is at the discretion of the presiding judge. (Administrative Order 2020-06)
  • Individual judges may continue to hold hearings, conferences and bench trials but are strongly encouraged to conduct proceedings by telephone or video conference where practicable and/or adjourn matters or deadlines, or stay litigation, where in-person meetings, interviews, depositions or travel would be necessary to prepare for any such proceeding. (Administrative Order 2020-06)
  • Access to the courthouses will be restricted to those with "official business." (Administrative Order 2020-08)

U.S.D.C., S.D.N.Y.

 

 

 

S.D.N.Y. Response to COVID-19

  • On March 20, 2020, the SDNY released Updated Operating Protocols ("3/20/2020 UOP") provide a comprehensive plan for Court Operations over the next few weeks.
  • Civil Case Operations will proceed at the discretion of the individual Judge. In-court appearances will be limited strictly to Emergency Matters, and even these should be conducted by teleconference or (if the presence of witnesses is required) videoconference if possible. (3/20/2020 UOP at 2)
  • Criminal Case Operations and Part 1 (emergency applications) will continue to operate with modifications. (see 3/20/2020 UOP)
  • Any mail or courtesy copies should be deposited in the drop box. (3/20/2020 UOP at 2)
  • All jury trials scheduled to begin between March 16 and April 27 are continued until further notice. Compliance with all trial-related deadlines is at the discretion of the presiding judge. (Standing Order)
  • Individual judges may continue to hold hearings, conferences and bench trials but are strongly encouraged to conduct proceedings by telephone or video conference where practicable. (Standing Order)
  • On March 24, 2020, the SDNY released guidelines for participants in remote proceedings where a court reporter is present. (3/24/2020 Memo re Remote Proceedings)
  • Judges have begun to amend their individual practices in light of COVID-19. (SDNY Website – Judge's Rules)
  • Access to the courthouses will be restricted to those with "official business." ( Standing Order) Additionally, effective March 24 certain entrances to the Manhattan courthouses will be closed. (3/23/2020 Notice)

U.S. Bankruptcy Court, E.D.N.Y.

  • Until further notice, all bankruptcy court hearings will be held by telephone. Please see Judge's Procedures for each judge's procedure for participating in telephonic hearings. 
  • Until further notice, the two Divisions of the Bankruptcy Court will remain open only for limited business. Clerk's Office personnel are available by telephone, mail will be received, and the intake counters will remain open in a limited capacity to receive pro se filings. ( Order re Clerk's Office and Pro Se Filings)
  • All in-person chapter 7, 12, and 13 section 341 meetings scheduled through April 10, 2020, are continued until a later date to be determined.  Section 341 meetings may not proceed during this period except through telephonic or other alternative means not requiring personal appearance by debtors.  Appropriate notice will be provided to parties for any telephonic meetings scheduled during this period.  Meetings already scheduled as telephonic meetings may proceed as scheduled. ( Notice)
U.S. Bankruptcy Court, S.D.N.Y.

Courthouse Protocol (COVID-19)

  • All hearings and conferences scheduled to be held in courthouses comprising the Manhattan Division, White Plains Division, and Poughkeepsie Division of the Bankruptcy Court will be conducted telephonically pending further Order of the Bankruptcy Judge assigned to the matter. Any party wishing to appear in person at a hearing or conference shall file or submit an appropriate motion or request. (Order
  • Any party may request an adjournment of a hearing or conference by filing or submitting an appropriate motion or request setting forth the basis for the adjournment. (Order)
  • Parties should contact the Bankruptcy Judge's courtroom deputy or law clerk assigned to the case to inquire about whether an upcoming evidentiary hearing or trial will proceed as scheduled. (Order)
  • Trustees will accommodate all reasonable requests for continuances of Section 341 meetings of creditors by debtors who are at "heightened risk." ( Notice)
  • The court has ordered restrictions on who can enter the courthouse. (Notice)

U.S. Court of Appeals for the Second Circuit

Second Circuit Website with Announcements

  • Effective Monday, March 23, 2020 and until the COVID-19 crisis passes, the Court will hear all oral arguments using a teleconference platform. All lawyers and pro se litigants who are scheduled to argue must do so by teleconference. The Clerk's Office will forward teleconference instructions to the lawyers and pro se litigants appearing each argument day. In the alternative, parties may request to submit the appeal for determination. (3/19/2020 Announcement)
  • All filing deadlines are tolled by 21 days, effective March 16, 2020, through May 17, 2020. Notwithstanding this general extension, a judge or panel may, by separate order, direct the parties to comply with a different filing date as deemed necessary in a particular case. (3/16/2020 Announcement)

U.S. Supreme Court

March 19, 2020 Order

  • The deadline to file any petition for a writ of certiorari due on or after March 19, 2020 is extended to 150 days from the date of the lower court judgment, order denying discretionary review, or order denying a timely petition for rehearing. (3/19/2020 Order)
  • Motions for extensions of time pursuant to Rule 30.4 will ordinarily be granted by the Clerk as a matter of course if the grounds for the application are difficulties relating to COVID-19 and if the length of the extension requested is reasonable under the circumstances. Such motions should indicate whether the opposing party has an objection. (3/19/2020 Order)
  • The Clerk will entertain motions to delay distribution of a petition for writ of certiorari, notwithstanding Rules 15.5 and 15.6, where the grounds for the motion are that the petitioner needs additional time to file a reply due to difficulties relating to COVID-19. Such motions will ordinarily be granted by the Clerk as a matter of course if the length of the extension requested is reasonable under the circumstances and if the motion is actually received by the Clerk at least two days prior to the relevant distribution date. Such motions should indicate whether the opposing party has an objection. (3/19/2020 Order)
  • These modifications to the Court's Rules and practices do not apply to cases in which certiorari has been granted or a direct appeal or original action has been set for argument. (3/19/2020 Order)
  • All oral arguments currently scheduled for the March session (March 23-25 and March 30-April 1) are postponed. The Court will examine the options for rescheduling those cases in due course in light of the developing circumstances. (3/16/2020 Press Release)

New York State Courts

New York Courts (Statewide)

New York Courts COVID-19 response page

In accordance with the directive of the Chief Judge of the State to limit court operations to essential matters during the pendency of the COVID-19 health crisis, any specific time limit for the commencement, filing, or service of any legal action, notice, motion, or other process or proceeding, as prescribed by the procedural laws of the state, including but not limited to the criminal procedure law, the family court act, the civil practice law and rules, the court of claims act, the surrogate's court procedure act, and the uniform court acts, or by any other statute, local law, ordinance, order, rule, or regulation, or part thereof, is hereby tolled from the date of this executive order until April 19, 2020. ( EO 202.8)

  • The Chief Administrative Judge for the State of New York has ordered that effective March 22 and until further order, no papers shall be accepted for filing by a county clerk or a court in any matter of a type not included on the list of essential matters in Exhibit A to the Order. This directive applies to both paper and electronic filings in the trial courts.  The list of matters deemed essential is non-exclusive and subject to review.  ( 3/22/2020 Administrative Order 78 ("AO/78/20")
  • In a March 23, 2020 Notice on the New York Court's COVID-19 Response website, the Office of Court Administration offered the following interpretive guidance for AO/78/20:
    • AO/78/20 "extends to all trial courts," but is silent on Appellate Courts (see individual sections below for further guidance). (3/23/2020 Notice)
    • AO/78/20 applies only to litigation filings, and does not address "filings with the County Clerk acting other than as a clerk of court – including matters set forth in CPLR §8021," which includes recording of certain transactions. (3/23/2020 Notice)
    • AO/78/20 does not address discovery in pending matters, which continues to be governed by Administrative Order 71, released on March 19, 2020 and described below. (3/23/2020 Notice)
    • The catch-all provision in Section E of AO/78/20 for matters deemed "essential ... is designed to address the very rare cases where individual facts necessitate an immediate hearing notwithstanding current public health concerns; it will be interpreted restrictively." Requests for relief under this provision will be made by emergency application. (3/23/2020 Notice)
    • AO/78/20 assumes service of process will stop in light of EO 202.8, but does not address it directly; "It is anticipated that, in light of the filing prohibition and the Governor's extension of statutes of limitation, service of (unfiled) process should and will be suspended by parties in non-essential matters. However, if service of process continues, especially in a manner that confuses participants, it may be addressed in a follow-up administrative directive." (3/23/2020 Notice)
  • The NY State Efiling System has set up a portal to help litigants determine if their filings will be accepted by the court. (NYSCEF Authorized Filings)
  • Governor Cuomo has issued Executive Order 202.7 allowing for notary services by video conference. ( EO 202.7)  Kramer Levin has prepared a client alert on this Executive Order: New York Permits "Virtual" Notarization Due to Coronavirus. compliance is delayed for reasons relating to the coronavirus emergency, and implementing procedures in the event such an emergency arises.  ( 3/19/2020 Administrative Order 71)
  • The Chief Administrative Judge issued an order stating that no participant in civill litigation will be penalized if discovery compliance is delayed for reasons relating to the coronavirus emergency, and implementing procedures in the event such an emergency arises.  ( 3/19/2020 Administrative Order 71)
  • The prosecution of civil matters in a manner that requires in-person appearances or travel, or otherwise requires actions inconsistent with prevailing health and safety directives, is strongly discouraged. ( 3/19/2020 Administrative Order 71)
  • Supreme Courts districts outside of New York City have consolidated operations to one courthouse in each county.  (3/19/2020 Announcement on Court Website)
  • All courthouses have posted a notice advising at-risk individuals not to enter.
  • The court has created a Coronavirus Telephone Hotline to answer questions during this time.  Call (833) 503-0447.  You can sign up to receive alerts directly from the courts by creating an account at this link.

Appellate Division, First Department

March 17, 2020 COVID-19 Emergency Procedures

  • The March 17, 2020 Emergency Procedures remain in effect and are not subject to change due to EO 202.8 and AO/78/20 (described above) until further notice.
  • The Court will be able to entertain only emergency applications.  Submissions for emergency applications shall be done electronically via email to  [email protected], with notice via email to opposing counsel.
  • All matters scheduled for oral argument on March 24-27 will be on submission only.  There will be no oral argument. 
  • Adjourned matters will be re-calendared for a later term.
  • Appeals calendared for the second and third weeks of the April 2020 term will be re-calendared.
  • All perfection, filing and other deadlines, with the exception of matters perfected for the May 2020 and June 2020 calendars, are suspended until further notice. Requests for extension of time to perfect submitted on March 17, 2020 or later will be granted.  (Order)
  • Hard copy filings are not permitted.
  • All filings made in connection with appeals subject to mandatory efiling must still be filed via NYSCEF in a timely manner and in accordance with the procedural and electronic rules of the Court.
Appellate Division, Second Department

Second Department COVID-19 Update Page

  • The guidance released by the Second Department last week and available at the link above remains in effect and is not subject to change due to EO 202.8 and AO/78/20 (described above) until further notice.
  • Beginning March 17, 2020, all perfection, filing, and other deadlines are suspended until futher notice. (Order)
  • Beginning March 17, 2020, no visitors will be allowed at the courthouse and the Clerk's Office will not be staffed.  Emergency applications will be accepted via email (all adversaries copied) at  [email protected].  Appeals calendars will continue to be processed through April 2, but all arguments will be on submission.  See notice for how to submit urgent requests to the court.   (Notice)
  • Hard copies will no longer be accepted. For cases not subject to electronic filing, submissions should be through the Second Department's web portal. (Notice)
  • Oral argument cancelled. Beginning March 17, 2020, all appeals will be taken on submission. Oral argument by Skype will be permitted upon request (copying all parties) to  [email protected]. (Notice)

New York Court of Appeals

March 18, 2020 Notice

  • The Court of Appeals notice above remains in effect and is not subject to change due to EO 202.8 and AO/78/20 (described above) until further notice.
  • The Court has adjourned cases scheduled for oral argument during the remainder of its March 2020 session. The Clerk's Office will be in contact with counsel to provide information regarding further consideration of their appeals.
  • If changes are made to the April/May session oral argument calendar counsel will be notified as soon as possible.
  • The Court will continue to consider previously filed pending matters, and it will continue to accept submissions by mail and, as permitted by its Rules, electronically.
  • Filings, including applications for stays, will not be accepted in person at the Clerk's Office until further notice. Persons who wish to file papers in person should call the Clerk's Office at 518-455-7700 for instructions on alternative ways to file.
  • The building will not be open to public visitors until further notice.

Alternative dispute resolution forums

American Arbitration Association (AAA) /  International Centre for Dispute Resolution (ICDR)

COVID-19 Updates

  • While the AAA-ICDR remains active and operational, no hearings will take place in AAA-ICDR hearing facilities after March 20th until at least April 17th.
  • In cities where governmental authorities have shut down activities, our physical offices will be closed immediately. Our case management staff will contact parties and arbitrators to discuss alternative arrangements, including the use of video, teleconferencing or postponements.
  • Parties and their representatives are strongly encouraged to file their arbitration and mediation cases online. (Instructions for Filing AAA-IDCR Cases Online)

JAMS Mediation, Arbitration and ADR Services

COVID-19 Advisory

  • JAMS has not provided specific direction to parties but has announced that most of its staff are now working remotely through April 3 and only a small team of managers will continue to be onsite at JAMS Resolution Centers.  JAMS offers several video conferencing services.  For specific inquiries, please visit the link above for contact information for senior JAMS Associates.

The Financial Industry Regulatory Authority, Inc. (FINRA)

Key Topics: COVID-19

  • All in-person arbitration and mediation proceedings scheduled through May 1, 2020, are postponed. You will be contacted by FINRA staff to reschedule or discuss remote scheduling options.
  • All case deadlines continue to apply and must be timely met unless the parties jointly agree otherwise.
  • FINRA is providing temporary relief for member firms from certain rules and requirements outlined in the following FAQs. (Coronavirus FAQs)

Regulatory Agencies

Manhattan District Attorney's Office

Manhattan DA Homepage

  • Manhattan DA Cyrus Vance, Jr. stated that his office is weighing policies to drastically reduce parole supervision caseloads and re-arrests for technical violations in order to decrease jail and prison populations. 
  • The Manhattan DA has not provided a COVID-19 resource webpage. Please check the Manhattan DA homepage for any new announcements.

New York State Attorney General

Guidance on Coronavirus Resources and Warnings about Consumer Scams

  • The Office of the Attorney General remains operational and has offered guidance regarding its temporary suspension of medical and student debt collection, consumer protection tips, health insurance questions and employment protections.
  • The Office has posted a Price Gouging Complaint Form for complaints related to COVID-19 (Price Gouging Complaint Form) and an alert regarding scams related to COVID-19. (Alert)
  • Attorney General Letitia James has issued a press release calling for the tolling (i.e., pausing and extending for a certain amount of time) of statutes of limitations in New York in order to preserve the legal interests and rights of New Yorkers during the pandemic. (Press Release)

U.S. Attorney's Office for the Eastern District of New York

E.D.N.Y. Homepage

  • The E.D.N.Y. has not announced major operational changes or provided a COVID-19 resource webpage. Please check the E.D.N.Y. homepage for any new announcements.

U.S. Attorney's Office for the Southern District of New York

S.D.N.Y. Homepage

  • The S.D.N.Y has not announced major operational changes or provided a COVID-19 resource webpage. Please check the S.D.N.Y. homepage for any new announcements.

U.S. Commodities Futures Trading Commission (CFTC)

CFTC Coronavirus Website

  • The CFTC's Coronavirus website details the various forms of temporary relief to designated market participants that the CFTC has instituted in response to the pandemic. 
  • The CFTC has issued a Customer Advisory informing the public to be on alert for frauds seeking to profit from recent market volatility related to the pandemic.

U.S. Department of Justice (DOJ)

DOJ Homepage

  • The DOJ has created a webpage for reporting frauds relating to COVID-19. On March 22, the DOJ filed its first enforcement action against COVID-19 fraud.  
  • The DOJ adopted a series of temporary changes to its civil merger investigation processes. For mergers currently pending (or that may be proposed), the DOJ's Antitrust Division is requesting from merging parties an additional 30 days to complete its review of transactions after the parties have complied with document requests.  Additionally, the Antitrust Division will allow electronic filing of Hart-Scott-Rodino submissions, and all scheduled depositions will be temporarily postponed and rescheduled. More details on these and other changes are available here.  
  • On March 24, the DOJ and the Federal Trade Commission (FTC) issued a joint statement detailing an expedited antitrust procedure and providing guidance for collaborations of businesses working to address urgent public health and economic needs associated with COVID-19. Companies seeking a DOJ Antitrust Division business review letter or FTC advisory opinion for coronavirus-related conduct "addressing public health and safety" will receive a response within seven calendar days of the agencies getting "all necessary information."
  • The DOJ has not announced major operational changes. Please check the DOJ homepage for any new announcements.

U.S. Securities and Exchange Commission (SEC)

SEC Coronavirus (COVID-19) Response

  • The SEC (including the Division of Enforcement and the Office of Compliance Inspections and Examinations) remains fully operational.
  • The SEC's COVID-19 response page details various guidance and relief that the SEC has provided to certain market participants and entities in light of the pandemic.
  • For certain pending actions that have comment periods expiring in March, the SEC will not take final action prior to April 24.
  • On March 22, the SEC announced that it would provide registered transfer agents and certain other persons with exemptive relief for certain regulatory obligations under the federal securities laws through May 30, 2020. (Press Release)
  • On March 23, the SEC announced that it would provide temporary exemptive relief from the Investment Company Act of 1940, until at least June 30, 2020, in order to provide flexibility for registered funds affected by recent market events to borrow funds from certain affiliates and to enter into certain other lending arrangements. (Press Release)
  • On March 24, the staff of the SEC's Division of Corporation Finance, Division of Investment Management, and Division of Trading and Markets announced that, under certain conditions, it would not recommend that the SEC take enforcement action with respect to the requirements of Rule 302(b) of Regulation S-T, which concerns signatures on electronically filed documents. (Announcement)
  • On March 25, the SEC announced that it is extending the filing periods for various public company filing obligations under the federal securities laws, and that it is also extending regulatory relief previously provided to funds and investment advisers whose operations may be affected by COVID-19.  In addition, the SEC’s Division of Corporation Finance issued its current views regarding disclosure considerations and other securities law matters related to COVID-19. (Press Release).  The SEC also announced that it was providing temporary exemptive relief from certain requirements of Rule 606 of Regulation NMS under the Exchange Act.  (Temporary Exemptive Order).  
  • On March 24, the staff of the SEC’s Division of Corporation Finance, Division of Investment Management, and Division of Trading and Markets announced that, under certain conditions, it would not recommend that the SEC take enforcement action with respect to the requirements of Rule 302(b) of Regulation S-T, which concerns signatures on electronically filed documents. (Announcement).
  • On March 23, the SEC announced that it would provide temporary exemptive relief from the Investment Company Act of 1940, until at least June 30, 2020, in order to provide flexibility for registered funds affected by recent market events to borrow funds from certain affiliates and to enter into certain other lending arrangements. (Press Release).
  • On March 22, the SEC announced that it would provide registered transfer agents and certain other persons with exemptive relief for certain regulatory obligations under the federal securities laws through May 30, 2020. (Press Release).

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.