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Inflation Reduction Act
DOJ Wins Groundbreaking Arbitration to Resolve Merger Challenge
The U.S. Department of Justice Antitrust Division (DOJ) has prevailed in a first-of-its-kind arbitration, resolving its challenge to aluminum producer Novelis Inc.’s $2.6 billion proposed acquisition of rival Aleris Corporation. As a result of the arbitrator’s ruling in favor of...
Compliance Preparedness During the COVID-19 Outbreak—Lessons From A Prior Crisis
In times of economic uncertainty companies face numerous enterprise-wide risks. The COVID-19 pandemic exponentially magnifies these risks, but critical lessons learned from the 2008 financial crisis can help blunt the impact. While concerns over business continuity, cash flow and fulfilling...
Tax Relief under High Deductible Health Plans for COVID-19 Testing and Treatment
Due to the rapid spread of COVID-19, the Internal Revenue Service has issued Notice 2020-15 (the “Notice”) to provide relief for high deductible health plans (“HDHPs”) with respect to providing health benefits associated with testing for and treatment of COVID-19...
Texas Governor Allows Temporary Suspension of Certain Open Meeting Statutes
On March 16, 2020, Texas Governor Greg Abbott granted the Office of the Attorney General’s request for a temporary suspension of certain open meeting statutes. This temporary suspension allows for telephonic or videoconference meetings of governmental bodies that are accessible...
Tips for Trading Compliance During a Pandemic
As many workplaces shutter and transition to telecommuting in response to the Novel Coronavirus (COVID-19), we are reminded that change always brings with it compliance risk. Even if your company has an emergency plan in place, assessing its effectiveness early...
New House Bill Prompted by Coronavirus
In the early morning hours of March 14, 2020, the U.S. House of Representatives passed H.R. 6201, the Families First Coronavirus Response Act (the “House Bill”), which seeks to assist employees impacted by the coronavirus and has significant impacts for...
Contractual Performance in the Age of Coronavirus: Force Majeure, Impossibility and Other Considerations
The Coronavirus (COVID-19) pandemic is causing unprecedented disruptions to business operations on a global scale. As these disruptions continue, and the economic effects mount, more industries will be significantly impacted. All companies need to assess not only their own, but...
RMP Rule: What's Going On?
The U.S. Environmental Protection Agency (EPA) adopted revisions to the federal Risk Management Plan (RMP) rule in December 2019, undoing some – but not all – of the program changes adopted in the final days of the Obama administration. Please...
Final Regulations and New Proposed Regulations on Immediate Expensing: Implications for Energy and Infrastructure
On September 13, 2019, the IRS and Treasury Department released final regulations (the Final Regulations) and new proposed regulations (the New Proposed Regulations) that interpret and clarify the regime for immediate expensing (Bonus Depreciation) under the Tax Cuts and Jobs...
New York's Deadline to Comply With New Data Privacy Law Fast Approaching
The Stop Hacks and Improve Electronic Data Security Act (known as the SHIELD Act), signed into law by Governor Cuomo last year, comes into full effect on March 21, 2020. The Act’s expansive reach requires businesses in New York, as...
COVID-19 Preparedness
Employers across the world are responding to the developing information on the coronavirus (referred to as COVID-19). While there are many considerations, and many fact-specific considerations based on the nature of the workforce, employers should keep these tips... Read more...
The Migratory Bird Treaty Act: Flight of Fancy or Enduring Change?
The Trump Administration has issued a proposed rule, 85 Fed. Reg. 5915 (February 3, 2020), that would codify its interpretation of the Migratory Bird Treaty Act (MBTA), 16 U.S.C. 703 et seq., as applying only to the direct take of...
FTC to Investigate Big Tech's Past Deals and Consider Broadening Merger Notification Requirements
In an unprecedented move further expanding its ongoing investigation of large technology companies, the Federal Trade Commission (FTC) has ordered Amazon.com , Apple, Facebook, Microsoft and Google to provide details about their acquisitions during the past 10 years that were...