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Post-Covid, Foreign Investment Rules Tighten
Bradley Arant Boult Cummings LLP, May 2020

The last two years have seen an expansion of regulations related to Foreign Direct Investment (FDI), both in the United States and abroad. COVID-19 is driving further expansion of FDI in the U.S. and elsewhere. Owners and investors need to know — expansion of regulations gaps closed in national security reviews new inclusion of medical supplies and food non-controlling investments also scrutinized Whether by intent or coincidence, the U.S...

CPAs Beware: Some CARES Act and FFCRA Incentives Don't Play Well Together
Bradley Arant Boult Cummings LLP, May 2020

The landmark CARES Act, signed into law by the President on March 27, provides many em­ployers with several options to increase liquidity and cash flow during the time of the COVID-19 pandemic. And only 9 days be­fore that legislation was enacted, the Families First Coronavirus Re­sponse Act (FFCRA) also created two other payroll tax-related in­centives for certain employers, and to self-employed individuals...

Show Me the Money (But Don't Take it Back!): A Primer on PPP Loans, Compliance and Enforcement Webinar Recording
Bradley Arant Boult Cummings LLP, May 2020

In early April, the United States approved the Coronavirus Aid, Relief and Economic Security Act (“CARES Act”) authorizing $349 billion in a small business lending program called the Paycheck Protection Program (“PPP”). Depleted within days by the overwhelming response from businesses across the country, Congress authorized an additional $310 billion for this program on April 23. With government money, however, comes government oversight...

Enforcement in the COVID-19 Era: The Government’s Likely Playbook
Bradley Arant Boult Cummings LLP, May 2020

With much fanfare, the Department of Justice (DOJ) has rolled out a series of headlines detailing its enforcement efforts in the wake of COVID-19. At the end of March, the government announced a kickback case against a marketer who allegedly steered patients towards COVID-19 and genetic cancer testing...

How Captives Can Help Fill Pandemic Coverage Gaps
Bradley Arant Boult Cummings LLP, May 2020

An increasing number of captives have been looking at writing business interruption coverage for their owners. They should tread carefully, as doing so without following the correct procedures could have adverse tax implications. The outbreak of COVID-19 has caught many businesses off guard and in need of cash. Some hope their business interruption insurance policies will provide coverage for a loss of income suffered from a slowdown or suspension of operations...

COVID-19 Webinar Series: Bankruptcy Servicing Best Practices in the Time of Coronavirus Webinar Recording
Bradley Arant Boult Cummings LLP, May 2020

Join our Bankruptcy and Creditors’ Rights team and special guests Karlene Archer from Karlene Archer Law and Andrea Cobery, Vice President and Assistant General Counsel at U.S. Bank, for a discussion of bankruptcy servicing best practices in the time of the coronavirus. We will offer legal insights and practical guidance related to providing notice of forbearance plans in bankruptcy courts...

Square Pegs and Round Holes Managing Law Firms as Vendors
Bradley Arant Boult Cummings LLP, May 2020

All banks rely upon their critical vendors, including law firms that handle sensitive, complicated, and high-risk matters. And yet vendor oversight of law firms has been awkward for all parties involved – fitting square pegs into round holes. We believe opportunities exist to ameliorate this awkwardness and enhance law firm oversight...

Tips For Applying COVID - 19 Stark Law Waivers
Bradley Arant Boult Cummings LLP, May 2020

Among the many extraordinary measures taken by the federal government in response to the COVID-19 pandemic is the issuance of blanket waivers of certain provisions of the federal self-referral prohibition commonly known as the Stark Law. The waivers loosen significant restrictions on physician financial relationships in an effort to provide health care providers with greater flexibility to meet the challenges of the pandemic...

Going Green? Marijuana Policy at the State and Federal Level
Bradley Arant Boult Cummings LLP, May 2020

Marijuana’s legal status has flummoxed industry observers for more than a decade. Several current proposals could provide clarity at the federal level. And Alabama appeared to be on the brink of implementing a medical marijuana regime just before the COVID-19 pandemic ground the legislative process to a halt...

Tips For Applying COVID-19 Stark Law Waivers
Bradley Arant Boult Cummings LLP, May 2020

Among the many extraordinary measures taken by the federal government in response to the COVID-19 pandemic is the issuance of blanket waivers of certain provisions of the federal self-referral prohibition commonly known as the Stark Law. The waivers loosen significant restrictions on physician financial relationships in an effort to provide health care providers with greater flexibility to meet the challenges of the pandemic...

Businesses Beware: PPP and Payroll Tax Incentives Often Don’t Play Well Together
Bradley Arant Boult Cummings LLP, May 2020

The landmark CARES Act provides many Alabama employers with several options to increase liquidity and cash flow during the time of the COVID-19 pandemic. And only nine days before that legislation was enacted, the Families First Coronavirus Response Act (FFCRA) also created two other payroll tax-related incentives for certain employers, and self-employed individuals...

COVID-19 Webinar Series: What Now? Auto Repossessions and Collections After the Quarantine Ends Webinar Recording
Bradley Arant Boult Cummings LLP, May 2020

Now that it appears the COVID-19 quarantine may be on the verge of ending, there are issues to consider before re-starting collection operations. When is too soon? Are there any special notices that could or should be sent? What about voluntary surrender of collateral during shelter in place? We will address these issues as well as lien priority and credit reporting...

Healthcare Fraud Enforcement in the Era of COVID-19
Bradley Arant Boult Cummings LLP, May 2020

In the midst of a global pandemic, much attention and praise are rightfully being showered on healthcare and pharmaceutical providers. While the world watches with awe at the sacrifices that pharmaceutical and healthcare providers are making during this difficult time, government prosecutors too are watching—albeit for a different reason...

Paper Chase: Court Approves Meticulously Disclosed Bifurcation of Chapter 7 Engagement
Bradley Arant Boult Cummings LLP, May 2020

Those with the greatest need for the financial relief afforded by a successful bankruptcy case often lack the financial resources necessary to secure adequate legal representation, particularly in the context of individual chapter 7 cases. ABI has devoted substantial resources toward addressing this dilemma...

COVID-19 Webinar Series: CARES Act Healthcare Relief Funds - Avoiding Compliance Pitfalls Webinar Recording
Bradley Arant Boult Cummings LLP, April 2020

On April 10, 2020 the Department of Health and Human Services distributed the first $30 billion in healthcare relief funds. On April 22, HHS followed by allocating another $40 billion in relief funds. These funds will provide much needed assistance to healthcare providers absorbing costs and suffering losses due to the COVID-19 pandemic...

COVID-19 Webinar Series: Counterfeit Issues in the Pandemic - Protecting Your Brands and Patented Products Webinar Recording
Bradley Arant Boult Cummings LLP, April 2020

Since the coronavirus pandemic began, the volume of counterfeit goods produced by Chinese manufacturers appears to be on the rise again. While counterfeit goods have been a challenge that online retailers have been fighting for years, the risk has become greater in the COVID-19 era when more consumers are turning to online shopping. Counterfeit goods result in lost revenue and reputational harm to retailers...

COVID-19 Webinar Series: Counterfeit Issues in the Pandemic – Protecting Your Brands and Patented Products Webinar Recording
Bradley Arant Boult Cummings LLP, April 2020

Since the coronavirus pandemic began, the volume of counterfeit goods produced by Chinese manufacturers appears to be on the rise again. While counterfeit goods have been a challenge that online retailers have been fighting for years, the risk has become greater in the COVID-19 era when more consumers are turning to online shopping. Counterfeit goods result in lost revenue and reputational harm to retailers...

COVID-19 Webinar Series: Digital Assets, Blockchain and Fintech Toolkit for Success Webinar Recording
Bradley Arant Boult Cummings LLP, April 2020

Cryptocurrency, blockchain technology and fintech companies are well experienced in dealing with legal and regulatory issues that are unique, unprecedented and global. While usually creative and oriented to solving problems, even the most flexible of teams are stretched with the onslaught of issues unfolding in the wake of COVID-19...

Employer Fears of Messing Up During COVID-19 Pandemic
Bradley Arant Boult Cummings LLP, April 2020

Even in pandemic-free times, the world of labor laws and employment regulations is at best confusing to an employer, and at worst, overwhelming. Adding the stress of emergency paid sick leave, ever-evolving unemployment qualifications, and shelter-in-place orders is enough to make any boss’s head spin. Business owners want to keep their employees healthy and safe. They also want to operate in a way that garners at least enough income to keep their doors open...

Case Study: Andy Iverson – American Bath Group LLC
Bradley Arant Boult Cummings LLP, April 2020

There are some things in life everyone needs. A bathroom, for example. Moving from the construction and energy industries to a once family-owned now multibillion-dollar business, Andy Iverson says he was a perfect match to serve as general counsel for American Bath Group, a fast-paced manufacturing company looking to change the bathware industry. “I get to play problem solver,” Iverson says...

COVID-19 Webinar Series: What Employers Need to Know About Managing a Remote Workforce and the Latest Guidance from DOL and FFCRA Webinar Recording
Bradley Arant Boult Cummings LLP, April 2020

Please join Bradley and the Business Council of Alabama for a live webinar addressing key questions our clients are asking about navigating the impact of the coronavirus (COVID-19)...

New Ruling Gives Physicians Hope in Claiming the Rural Physician Tax Credit
Bradley Arant Boult Cummings LLP, April 2020

Governor Ivey in her State of the State address on February 4 argued forcefully that Alabama must do more to attract physicians (and nurse-practitioners) to practice in the rural, under-served areas of the state. Unfortunately, one of the only current tax incentives to do so—a $5,000 income tax credit that can be claimed over a 5 consecutive year period--has been the source of many audits and administrative and Alabama Tax Tribunal appeals...

COVID-19 Webinar Series: May I Be Excused? Force Majeure Controversies at Home and Abroad Webinar Recording
Bradley Arant Boult Cummings LLP, April 2020

COVID-19's impact on contract performance looms large over business and industries across the globe. This presentation will address whether and how COVID-19 operates contractually as a force majeure event in the US and key foreign markets including Canada, Mexico, Asia, Europe and Australia...

Historic Coronavirus Aid Bill Expands Small Business Bankruptcy Relief
Bradley Arant Boult Cummings LLP, April 2020

On March 27, 2020, President Donald Trump signed into law the third major coronavirus-related legislation in the last several weeks – the Coronavirus Aid, Relief, and Economic Security (CARES) Act – in response to the pandemic and resulting economic crisis. The CARES Act includes substantial federal spending and loan commitments that will benefit individuals and businesses. But that is not all...

Cyber Security 101: What Every Defense Lawyer Should Know
Bradley Arant Boult Cummings LLP, April 2020

"The Package” The day begins like any other. Your client opens for business at 9:00 a.m. All employees are at their desks as customers begin calling, emailing, and walking in with various questions and needs. Except this time, when the employees attempt to access customer records from your client’s computer network, they immediately notice something is wrong. None of the customer files will open. The data is a garbled mess...

 

 

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