As of March 19, 2020, the requirement to receive a certificate of need (CON) prior to increasing bed capacity has been temporarily suspended byTennessee Executive Order No. 15(the “Order”) ...
President Obama signed HR 4853, the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (the Act), into law on December 17, 2010. Some key estate and gift tax provisions of the Act are summarized below.Increase in Estate Tax Exemption Amount; Decrease in Maximum RateUnder the terms of the Act, the estate tax exemption amount for decedents dying between Jan. 1, 2011 and Dec ...
The U.S. Environmental Protection Agency (EPA) has published its proposal to strengthen the national ambient air quality standards (NAAQS) for the main component of smog, ground level ozone. EPA proposed in the Federal Register on Jan. 19, 2010 to set the ozone standard between 60 and 70 parts per billion (ppb). In 2008, the Bush Administration set the standard at 75 ppb ...
On March 1, Las Vegas Sands Corp. (LVS) disclosed that the Department of Justice and the Securities and Exchange Commission were investigating alleged violations of the Foreign Corrupt Practices Act (FCPA) by the company in connection with its gaming operations in Macau ...
Employers are grappling with increasingly difficult decisions as COVID-19 changes our labor force and the ways we work in profound ways. Below are various benefits-related issues and solutions to consider, amidst a rapidly shifting legislative environment: 401(k) loans and hardship distributions:Most 401(k) plans allow in-service withdrawals in the event of financial hardship ...
IT IS TRUE that established energy corridors attract additional utilities. Power line corridors may represent an attractive route for natural gas transmission lines, just as established natural gas lines often seem to attract additional natural gas pipelines thereafter. Landowners along these corridors may feel beleaguered as additional utilities are installed across their properties ...
Last week, the Eleventh Circuit vacated its most recent opinion in the debt-collection caseHunstein v. Preferred Collection & Management Services, Inc., No. 19-14434 ...
The threat that a company’s website violates the Americans with Disabilities Act (ADA) has diminished some thanks to the United States Court of Appeals for the Eleventh Circuit. Lawsuits have become increasingly common alleging that websites must be “accessible” to persons with visual disabilities, such as is required for “public accommodations” under the ADA – like Braille keypads at ATMs and wheelchair ramps at sidewalks ...
In October 2017, the Eleventh Circuit Court of Appeals reversed a district court’s grant of summary judgement, finding that a college has potentially protectable rights that extend beyond the scope of its federal service mark registrations. Savannah College of Art & Design, Inc. v. Sportswear, Inc., No. 15-13830 (11th Cir. Oct. 3, 2017) ...
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On May 28, 2021, the Equal Employment Opportunity Commission (EEOC) released long-anticipated updates to its guidance regarding COVID-19 vaccinations. In addition to clarifying the confidentiality requirements for vaccination information and guidelines for instituting vaccination incentive programs, the EEOC provided additional direction for employers implementing mandatory and employer-sponsored voluntary vaccination programs ...
The Equal Employment Opportunity Commission (EEOC) has issued guidelines to help employers avoid violating the Americans with Disabilities Act (ADA) as they scramble to address the impact of COVID-19 on their employees and businesses. The EEOC guidance is a reminder that employee privacy and health protections under the ADA continue to apply even in the midst of a global pandemic ...
As the nation’s healthcare industry grapples with the impact of the first wave of COVID-19, many hospitals are facing fiscal pressure. This is particularly true for providers who fall into the following categories: Providers who are or were partially overwhelmed with COVID-19 patients, experienced shortages of PPE and significant staff stress, all of which tested systems and leadership like never before ...
In early September, the Department of Justice issued additional guidance that the Commercial Litigation Branch can consider when settling cases for less than the full amount of the claim based on the defendant’s inability to pay. Under its statutory authority, the Civil Division has the ability to settle claims for less when an entity offers the maximum amount that it is able to pay and the federal government is acting as plaintiff ...
Speaking at the keynote address at the annual ABA White Collar event in Miami this week, Lisa Monaco, the Deputy Attorney General announced major changes to how the Biden Justice Department will approach corporate crime. These announcements will undoubtedly change the way the Department of Justice investigates and prosecutes those cases, and the way in which corporations and individuals who are the subject of those investigations respond ...
Does your bank have a website? Unless your bank uses an abacus to tally deposits, the answer is probably yes. If so, do you know if your bank’s website complies with the Americans with Disabilities Act (“ADA”)? Did you even know that your website might be subject to scrutiny under the ADA? Let’s discuss ...
The Families First Coronavirus Response Act (FFCRA) was enacted on March 18, 2020, creating additional leave rights for employees in response to the COVID-19 pandemic through two provisions: the Emergency Family and Medical Leave Expansion Act (EFMLA) and the Emergency Paid Sick Leave Act (EPSLA). Since then, however, the exact contours of employee rights and employer obligations under the FFCRA have been the subject of some debate and disagreement ...
Late Tuesday night, the Department of Labor issued an official Frequently Asked Questions in regards to the recently passed Families First Coronavirus Response Act. READ NOW: Our complete Families First coverage Here are a few key takeaways: The effective date of the Act is April 1, 2020 ...
Beginning on March 24, the Department of Labor (DOL) has been steadily releasing information and guidance on the Families First Coronavirus Response Act (FFCRA). We have been reviewing those releases to find the important information employers need to comply with the FFCRA and have summarized our analysis below ...
The U.S. Department of Justice recently announced an enforcement initiative targeting the pharmaceutical industry for investigations and prosecutions under the Foreign Corrupt Practices Act (FCPA). The FCPA prohibits improper payments to foreign government officials for the purpose of obtaining or retaining business and mandates that companies that issue securities take affirmative measures to prevent such payments ...
On March 31, the Federal Reserve Board announced that it will delay for six months the effective date (from April 1, 2020 to September 30, 2020) for its revised control framework for determining when a company controls a bank, and vice versa, for purposes of the Bank Holding Company Act (referred to as the “BHC Act”) ...
The U.S. Department of Labor (DOL) announced Friday Friday that it had revised the Families First Response Act (FFCRA) in response to a recent ruling by a federal court in New York. The new regulations are effective September 16 and represent a significant change for healthcare entities who previously (and correctly) used “blanket” denials of FFCRA requests for all of their employees ...
Yesterday, the SEC announced that it had levied charges against (i) 28 officers, directors and major shareholders of public companies for failing to file timely reports regarding their holdings and transactions in their respective companies’ equity securities and (ii) six public companies for contributing to filing failures by their insiders or failing to report their insiders’ filing delinquencies. Emphasizing the importance of filing ownership reports in a timely manner, Andrew J ...
