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Details: JD Supra is a daily source of legal intelligence on all topics business and personal, distributing news, commentary & analysis from leading lawyers & law firms

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SBA Clarifies PPP Loans and Bankruptcy Dorsey & Whitney

Details: Since the first round of Paycheck Protection Program (PPP) loans, there has been confusion regarding eligibility for businesses or owners associated with bankruptcy. This resulted in

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New FFCRA Leave Starts April 1, 2021 Partridge Snow

Details: As most employers know, the Families First Coronavirus Response Act (FFCRA) went into effect in April of 2020 and required employers with less than 500 employees to provide certain

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Can Employers Force Employees To Return To The Workplace

Details: As the pandemic slowly comes to an end, many employers are considering whether it is time to ask their employees to return to the workplace. With many COVID laws and regulations still …

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Can I Ask My Employees If They Have Been Vaccinated

Details: The short answer is: Be careful what you wish for! During this COVID-19 pandemic, vaccinations have been at the front of everyone’s mind. Now, with the mass rollout of vaccinations

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In 2021, More States and More Mandates for E-Verify

Details: E-Verify is an electronic employment verification program through which employers may confirm the work eligibility of their employees to work in the United States. Although E-Verify

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FFCRA Update: What the March 2021 Federal Stimulus Bill

Details: On March 10, 2021, Congress passed its landmark $1.9 trillion COVID-19 relief bill, and President Biden signed the bill into law on March 11. The bill does not require employers to

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Will Direct Pay Change The Renewable Energy Investment

Details: Both Congress and the White House have recently proposed “direct pay” options for developers of US renewable energy projects—notably, direct …

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Nevada Supreme Court Approves the Use of Lost Note

Details: Over the last decade or so, many Nevada borrowers faced with foreclosure of their residences have objected to foreclosure proceedings because …

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Filed v. Furnished, What’s the Difference

Details: When disclosing information in a filing with the SEC, it is important to know whether such disclosure and any related exhibits should be "filed" or "furnished". To non-lawyers, this may

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Buy American Act in 2021: Key Changes and Future Outlook

Details: On January 19, 2021, the domestic content restrictions of the Buy American Act (BAA) were significantly changed via a final rule (Final Rule) issued by the Federal Acquisition

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‘Can We Ask if Employees Have Been Vaccinated

Details: The above question may be the most frequent one we have encountered from employers in the past several weeks. As more COVID-19 vaccines become available, employers are increasingly

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Certain Expenses Of A Trust Are Still Deductible

Details: The Tax Cuts and Jobs Act (TCJA), while lowering taxes for most, raised them for a few. One group of those few taxpayers for whom taxes went up under TCJA were certain trusts and

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Deadline for Filing Extensions on Gift Tax Returns Is

Details: The Internal Revenue Service recently announced the federal income tax filing due date for individuals for the 2020 tax year will be extended automatically from April 15, 2021, to May 17, 2021.

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COBRA Subsidy Update: IRS provides penalty relief and

Details: On Tuesday, the IRS published Notice 2021-24, which provides penalty relief for an employer’s failure to timely deposit Employment Taxes related …

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American Rescue Plan Act Extends Employee Retention Credit

Details: The American Rescue Plan Act of 2021 (ARPA), signed into law by President Biden on March 11, 2021, extends the employee retention credit, originally enacted as part of …

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Key Amendments To FFCRA & California’s New COVID-19 Sick

Details: March 2021 brought a variety of legislative changes impacting California employers. On March 11, 2021 President Joe Biden signed the American Rescue Plan Act of 2021 (the Act).

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Iowa's New Laws for Adult Guardianships: What You Need to

Details: The Iowa Legislature recently passed House File 610, which makes several important changes to the way guardianships for adults are handled in …

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Employers Should Decide Soon: Voluntary Extension of FFCRA

Details: On March 11, 2021, the American Rescue Plan Act of 2021 (ARPA) provided that employers may once again voluntarily extend Emergency …

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PPP Round 2: Who Is Eligible, What Expenses Can Be Paid

Details: Shortly before the end of the bizarre and painful 2020 calendar year, the Consolidated Appropriations Act for 2021 (the Act) was signed into law, providing an additional $284 billion

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Consolidated Appropriations Act, 2021 Changes to Qualified

Details: Employee Fringe Benefit Changes. Student Loan Repayment. The Consolidated Appropriations Act, 2021 (the “Act”) extended the period during which an …

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TCPA Update: FCC Imposes New Call Limits and Opt-Out

Details: On December 30, 2020, the Federal Communications Commission (FCC or Commission) released a Report and Order updating a number of Telephone Consumer Protection Act (TCPA) exemptions. The

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Virginia’s Privacy Law: A Primer Butler Snow LLP

Details: Virginia follows California in adopting a comprehensive consumer data privacy law. This article is a primer of the Virginia law, notes the key similarities and differences to the California

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NYC Extends Moratorium on Enforcement of Personal

Details: On Sept. 23, 2020, the New York City Council amended the personal guarantor provisions of Local Law 55 of 2020, which went into effect on …

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Everything Arizona Employers Need to Know About PTO

Details: Arizona employers often ask me what kind of flexibility they have in adopting paid time off (“PTO”) policies. Below are some common questions: Can employers have a “use

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Governor Signs Bill Extending Most Residential

Details: Yesterday, Governor Newsom signed AB 1561 (Garcia/Greyson) extending most residential entitlements for 18 months. During periods of economic downturn, a blanket extension of tentative tract maps

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International Remote Working: What Employers Need to Know

Details: Because of the prolonged COVID-related travel restrictions, an increasing number of employers are receiving requests from their employees to work remotely, sometimes from another state

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ABA Provides Ethical Guidance for Virtual and Remote

Details: Over the past year, as attorneys increasingly have turned to out-of-office and out-of-courtroom work during the COVID-19 pandemic, ethical concerns specific to this operational format

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Pandemic Unemployment Benefits Extended Yet Again for

Details: President Biden signed into law the American Rescue Plan Act of 2021 on March 11, 2021. The bill (H.R. ‎‎1319) includes the “Crisis Support for Unemployed Workers Act of 2020” (here

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Does the Information Blocking Rule Permit Delaying the

Details: The 21st Century Cures Act Information Blocking Rule's applicability date of April 5, 2021, is just around the corner. Nevertheless, healthcare providers are still struggling with

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2021 Child Tax Credit: Which Divorced Parent Gets It

Details: Before 2018, listing a dependent child on the federal tax return meant a per person exemption resulting in paying less federal taxes. From 2018 to 2025 the dependency exemption is …

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Third Stimulus Requires Employers To Offer Free COBRA

Details: On March 11, President Biden signed into law the American Rescue Plan Act of 2021 (ARPA) as part of a new (third) COVID-19 stimulus relief bill. ARPA assists qualifying individuals who

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Tax-Exempt Advance Refunding Bonds: History and

Details: Prior to January 1, 2018, Section 149(d) of the Internal Revenue Code (26 U.S.C. § 149) and the accompanying Treasury Regulations allowed the issuance of …

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2021 Tax Reform Expected to Be Substantial and Far

Details: With release by the White House and Treasury of initial details regarding Biden Administration proposed 2021 tax reform, a primary focus in …

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Deciphering International Telemedicine Regulations Hogan

Details: As the world responds to COVID-19, physicians and patients increasingly turn to telemedicine solutions as a central facet of health care.

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Proposed Gift and Estate Tax Changes Mean Some May Need to

Details: In the United States Congress, there is an arduous journey before a bill becomes law. See the classic School House Rock! video, “I’m Just a Bill.” But there is a common theme running

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Drafting Force Majeure Clauses To Provide For Pandemic

Details: While our economy has slowed, it has not stopped. Businesses that continue, even if in a less robust fashion, will continue to make deals and contracts. This article provides guidance

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DOL Issues Guidance on Missing Participants for Retirement

Details: On January 12, 2021, the Department of Labor (DOL) issued long-awaited guidance for retirement plan fiduciaries that is relevant to any employer who sponsors a …

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Rent Loss vs. Business Interruption Insurance Lowndes

Details: Landlords and Tenants sometimes confuse these two terms, which have totally different meanings but apply to similar situations. Each can cover circumstances where a casualty or other

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Cannabis Banking: The SAFE Banking Act 2.0's Status, Key

Details: Introduction - In September 2019, the U.S. House of Representatives passed the “Secure and Fair Enforcement (SAFE) Banking Act of 2019”, the first stand-alone cannabis legislation to be

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Valuation Discounts in Modern Estate Planning Downey

Details: For most family business owners, the old way of discount planning has become perishable. For many years, closely-held business owners routinely heard estate planners advis

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MIOSHA Extends COVID-19 Workplace Emergency Rules For

Details: On April 10, 2021, Governor Gretchen Whitmer signed a Certificate of Need extending the Emergency Rules regarding COVID-19 issued by the Michigan …

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The Biden Administration: Expected Changes In Workplace

Details: Husch Blackwell’s Labor & Employment team is launching a series of employment and labor alerts and labor law podcasts that discuss the expected changes in labor and employment laws

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April 1 Brings Major COBRA Changes Under ARPA Clark Hill

Details: Beginning April 1, the recently passed American Rescue Plan Act of 2021 (“ARPA”) implements temporary, but significant changes to COBRA, …

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New Bill Would Allow CFIUS to Scrutinize Gifts to Higher

Details: Senators Bob Menendez (D-NJ) and Jim Risch (R-ID) recently introduced bipartisan legislation that would further expand the jurisdiction of the Committee on Foreign Investment in the

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NY Expands COVID-19 Paid Leave Kelley Drye & Warren LLP

Details: On January 20, 2021, the New York State Department of Labor issued new guidance on the state’s COVID-19 sick leave law, which clarifies employees’ leave entitlements and expands

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COVID-19: Affiliation & Aggregation Considerations for the

Details: Many businesses have been evaluating their eligibility for various benefits in the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act. Two popular incentives include the

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Ethical Issues Surrounding Pro Se Litigants Holland

Details: Pro se litigants present a unique set of challenges when encountered in the practice of law. In particular, pro se litigants seem to be on the rise on the fiduciary litigation context.

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NINGs, DINGs and WINGs: Understanding the tax angles of

Details: NINGs, DINGs and WINGs may sound like characters in a new Pixar animated film. In reality, they’re the names bestowed on certain self-settled trusts …

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