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Weekly Digest: COVID-19 Resources from Bradley
Bradley Arant Boult Cummings LLP, October 2020

This digest is a curated list of Bradley content regarding the coronavirus. In an effort to provide our clients with the easiest way to find information that may be beneficial in responding to the impact of COVID-19, we have provided links to our most recent blog posts, news alerts, webinar recordings and more. Additionally, this digest will now be deployed on a weekly basis in an effort to reduce the number of emails our clients receive...

Weekly Digest: COVID-19 Resources from Bradley
Bradley Arant Boult Cummings LLP, October 2020

This digest is a curated list of Bradley content regarding the coronavirus. In an effort to provide our clients with the easiest way to find information that may be beneficial in responding to the impact of COVID-19, we have provided links to our most recent blog posts, news alerts, webinar recordings and more. Additionally, this digest will now be deployed on a weekly basis in an effort to reduce the number of emails our clients receive...

Alabama Law and Practice
Bradley Arant Boult Cummings LLP, October 2020

The US Regional Employment 2020 features 14 states. The guide provides expert legal commentary on the impact of COVID-19 on the workplace, the "Black Lives Matter" and "Me Too" movements, unions, the National Labor Relations Board, the interviewing process, restrictive covenants, discrimination and harassment, and whistle-blower claims. Bradley attorneys authored the Alabama and Tennessee chapters of the US Regional Employment 2020 featured below...

Tennessee Law and Practice
Bradley Arant Boult Cummings LLP, October 2020

The US Regional Employment 2020 features 14 states. The guide provides expert legal commentary on the impact of COVID-19 on the workplace, the "Black Lives Matter" and "Me Too" movements, unions, the National Labor Relations Board, the interviewing process, restrictive covenants, discrimination and harassment, and whistle-blower claims. Bradley attorneys authored the Alabama and Tennessee chapters of the US Regional Employment 2020 featured below...

COVID-19 FOMU for Employers: Fear of Messing Up
Bradley Arant Boult Cummings LLP, October 2020

Even in virus-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 at least garners enough income to keep the doors open...

A Refresher For Govt Contractors On Bid Protest Intervention
Bradley Arant Boult Cummings LLP, October 2020

As a result of increased government spending at the end of the government's fiscal year — the 12-month period beginning on Oct. 1 and ending on Sept. 30 — the number of bid protest filings peaks in October. Accordingly, government contractors should be particularly mindful this time of year of their rights with respect to intervening in bid protests both at the U.S. Government Accountability Office and the U.S. Court of Federal Claims...

Leasing Healthcare Employees? Don’t Overlook The Benefits Traps, Part III
Bradley Arant Boult Cummings LLP, October 2020

As noted in Part I and Part II of this series, benefits compliance concerns typically take a backseat to the many good reasons for healthcare organizations to provide or receive the services of leased employees. However, with sufficient awareness, these compliance issues, which often have surprisingly outsized risks, can generally be managed without disrupting the aims of the employee leasing arrangement...

10 Legal Considerations When Starting a Hemp Business in Alabama
Bradley Arant Boult Cummings LLP, October 2020

So, you want to start a hemp company in Alabama. You have your big idea and a business plan ready, but you begin to wonder whether you should be thinking about any legal issues as you get your company off the ground. That’s where we come in. Bradley’s Cannabis Industry team has a deep understanding of the many unique legal and business issues that impact hemp companies in Alabama and beyond...

Cannabis and the Candidates: Joe Biden Cannabis and the Candidates: Joe Biden
Bradley Arant Boult Cummings LLP, October 2020

This is the first article in a three-part series focused on the intersection of the 2020 presidential election and cannabis policy in the United States. Each article will focus on the specific presidential candidates of the two major parties and the eventual winner. Check back in two weeks for the next entry in this series. The 2020 U.S. presidential election is underway, with many voters already casting their ballots under unprecedented circumstances...

Non-Compete Agreement Series: Everything You Need to Know (And Probably Don’t) About Covenants Not to Compete - Mississippi
Bradley Arant Boult Cummings LLP, October 2020

The next state in our series exploring non-compete agreements is the Magnolia State, Mississippi. Unlike Texas and Louisiana, Mississippi’s noncompete laws are purely creatures of the common law.  Mississippi has no statutory scheme in place governing covenants not to compete. For this chapter we are joined by my partners Justin Scott and Slates Veazey...

Snapshot: Corporate Income and Franchise Taxes in the USA
Bradley Arant Boult Cummings LLP, September 2020

How is taxable income determined in your state? To what extent is the state income tax base aligned with the federal income tax base? Alabama levies a corporate income tax on business entities classified as taxable or “C” corporations that have nexus with the state and are not classified as “financial institutions” or insurance companies subject to a separate premium license tax; and it levies a FIET on business entities classified as financial institutions havin

School Dazed: Navigating Back to School, Other Paid Leave Issues under the FFCRA & Seeking Loan Forgiveness Under the Paycheck Protection Program Webinar Recording
Bradley Arant Boult Cummings LLP, September 2020

With school getting back in session, leave issues are bound to arise. For many small to medium-sized employers, these may include paid and unpaid leave under the Families First Coronavirus Response Act (FFCRA), as well as other complicated issues that may arise under the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). This webinar will provide an overview of the FFCRA and ways employers can try to navigate the FFCRA during this uncertain time...

All Black Lives Matter
Bradley Arant Boult Cummings LLP, September 2020

Black Lives Matter. The lives of Black men matter. The lives of Black women matter. The lives of Black children matter. And the lives of a group that gets less attention in the national conversation also matter—the lives of Black Queer people matter. (I recognize that some may view the term “Queer” as pejorative, but I use that term here intentionally, as many in the Queer Community do, to embrace all who fall within the LGBTQ+ Community)...

Taxpayer Appeals Loss in Rare Constitutional Challenge to Composite Return Statute
Bradley Arant Boult Cummings LLP, September 2020

Cases challenging the constitutionality of state pass-through entity (PTE) nonresident owner withholding or composite return statutes are extremely rare. However, a recent Alabama Circuit Court decision, Black Eagle Minerals, LLC v. Alabama Department of Revenue, Case No. CV-2018-900328.00 (Cir. Ct. Montgomery County, Ala., July 27, 2020), highlights why such challenges may be more common when PTE composite returns are mandatory...

GAO Report on Abusive Tax Schemes Perpetuates Misunderstandings of Captives
Bradley Arant Boult Cummings LLP, September 2020

A GAO report was intended to shed some light the use of captives as abusive tax shelters. Instead it only risks perpetuating misunderstandings, says Bradley’s Davis Smith...

Individual Chapter 11 Cases Under New Subchapter V
Bradley Arant Boult Cummings LLP, September 2020

IN BRIEF The current economic decline caused by the COVID-19 pandemic will result in a surge of debtors in need of bankruptcy protection. Subchapter V to the rescue! Despite some burdens on debtors, the advantages to individuals under Subchapter V will make it substantially easier for individuals to confirm Chapter 11 plans...

State Enhancements of the Federal Opportunity Zone Program
Bradley Arant Boult Cummings LLP, September 2020

The Tax Cuts and Jobs Act of 2017 established the popular Opportunity Zone (OZ) program to encourage investment in economically distressed communities while allowing taxpayers to defer and potentially exclude some of their capital gains from federal income taxes. The proceeds of the sale must be timely reinvested in qualifying businesses or property located in census tracts that have been designated as OZs within the approved state...

What Employers Need to Know About the Payroll Tax Deferral Guidance
Bradley Arant Boult Cummings LLP, September 2020

Following President Trump’s Aug. 8 presidential memorandum directing the Treasury Secretary to defer the withholding and payment of certain employee payroll taxes, the Internal Revenue Service released Notice 2020-65 on Aug. 28 The two-page notice gives necessary but sparse guidance on implementing the Presidential Memorandum...

Smokable Hemp Bans – Practical Considerations for Hemp Companies and the Financial Institutions that Serve Them
Bradley Arant Boult Cummings LLP, September 2020

The popularity of smokable hemp has rapidly increased since the 2018 Farm Bill legalized hemp at the federal level. But the Farm Bill allows states to regulate hemp production in ways “more stringent” than federal law, and some states have used this leeway to ban smokable hemp to some degree. The result is a patchwork of state laws regarding smokable hemp’s legality, adding complexity to a legal landscape that was already nuanced enough...

The Latest from the Supreme Court on Point Source Pollution and the Clean Water Act
Bradley Arant Boult Cummings LLP, September 2020

A wastewater facility on the island of Maui, Hawaii, collects sewage, treats it, and pumps the treated water through underground wells. The water then travels half a mile, through groundwater, into the Pacific Ocean. Must the facility possess an EPA permit to do this? In April, the Supreme Court of the United States answered this question with a rather drawn-out "maybe...

'Middle Instances' of the Clean Water Act Indirect Discharges Need NPDES Permits Too... Sometimes
Bradley Arant Boult Cummings LLP, September 2020

For the past decade or so, the regulated community and federal courts alike grappled with the outer reaches of the Clean Water Act (CWA) point source permitting program. The core of the program—the National Pollutant Discharge Elimination System (NPDES)—is clear enough. Under the NPDES program, discharges from point sources to navigable waters (what qualifies as “navigable waters,” i.e...

Walking the Tightrope: Liquidation Agreement 'Traps for the Unwary'
Bradley Arant Boult Cummings LLP, August 2020

When crafting a liquidation or “pass-through” agreement for a subcontractor claim against the government, the key provision from the prime contractor’s perspective is a release from any liability for the subcontractor’s claim with the exception of amounts recovered from the government related to that claim...

COVID-19 Payroll Tax Notice from the IRS Offers Sparse Guidance
Bradley Arant Boult Cummings LLP, August 2020

Following the August 8, 2020 Presidential Memorandum directing the Treasury Secretary to defer the withholding, deposit, and payment of certain payroll taxes, the Internal Revenue Service released Notice 2020-65 late Friday, August 28. The brief notice gives necessary but sparse guidance on implementing the Presidential Memorandum. We expect (and hope for) further guidance soon...

Keep an Eye on Your Capital
Bradley Arant Boult Cummings LLP, August 2020

Banks have played a crucial role these last few months as the COVID-19 pandemic has swept across the world. Through Paycheck Protection Program loans, payment deferments, and other initiatives, banks have provided significant assistance to people and businesses of all types. The banking industry has worked incredibly hard, and bankers across the country should be proud...

DOJ Aims Scrutiny at Lab Testing Space During COVID-19
Bradley Arant Boult Cummings LLP, August 2020

The Department of Justice is stepping up its scrutiny of health-care fraud, especially in testing laboratories, during the Covid-19 pandemic. Former federal prosecutor Jason Mehta, a partner with Bradley, says now is not the time to tout profits over patient care and offers insights on compliance. In the midst of a global pandemic, much attention and praise is rightfully being showered on health-care providers...

 

 

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