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The K.I.S.S. Theory And Options For Your 401(k) Plan
Buying a car can be one of the most harrowing experiences out there. Luckily, I haven’t had the pleasure since two cars were destroyed during Hurricane Sandy. One of the overwhelming features of car buying is the options buying. The features, the trim, the extras, and some things you don’t need such as etched glass can overwhelm most of us. The same can be said about options for setting up a new 401(k) plan. This article is all about the options you need and some options you probably don’t.
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OFAC Announces Amendments Authorizing General Licenses For Humanitarian Relief
On December 20, 2022, the United States Department of Treasury’s Office of Foreign Assets Control (“OFAC”) announced the amendment of multiple regulations to add or revise certain general licenses across OFAC sanctions programs to ease the delivery of humanitarian aid. This is a significant development for non-governmental organizations, including public charities and private foundations, that provide humanitarian aid in places where the need is greatest and these amendments will ease the compliance concerns associated with the provision of such aid. Although careful, individualized transaction review is still a must, most aid programs will qualify under the new general licenses. Please see full Alert below for more information.
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CryptoLink - January 2023
Whether or not there is a thaw in the long “crypto winter,” U.S. policymakers seem determined to bring some regulatory certainty to the industry. And, contrary to claims that the dramatic events of last fall would undercut the likelihood of legislation passing the House and the Senate, key lawmakers in both parties remain committed to action this year. Progressive members of Congress, including the Chairman of the Senate Banking Committee, remain extremely skeptical of the industry. Along with Chairman Gensler and others in the administration, they view digital assets largely through the lens of illicit activity, risk to the larger financial system, and consumer protection. While not denying these genuine concerns, there is growing bipartisan support for legislation that would address these issues while creating a U.S. regulatory regime that would make the United States a hub for digital asset innovation. If anything, recent turmoil in the industry has only encouraged these pro-crypto lawmakers to double down on their legislative efforts. Please see full Newsletter below for more information.
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A Practical Guide to the Undistributed Settlement Funds Problem and the Cy Pres Solution
When you finally reach an agreement to settle a hotly contested class action, you want more than anything for the court to approve your settlement agreement and for the case to be over. But, to get to the end of the case, both class counsel and defense counsel need to anticipate problems in the settlement process and build effective solutions into the settlement agreement and fairness hearing. One obvious and important problem is what to do about any undistributed residue after distribution of the settlement funds to class members. This article is your guide to dealing with the residue problem and the cy pres solution in a way that will satisfy the most meticulous judge and will avoid or defeat objections to the settlement. Originally published by the American Bar Association - January 30, 2023. Please see full Article below for more information.
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Out of Scope - Exemptions from the Corporate Transparency Act
The second installment in a multi-part series looking at the new Corporate Transparency Act discusses what is likely to be the first question that many companies have whenever a new law is passed – are we exempt? Please see full Publication below for more information.
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Buying And Selling Real Estate In Florida (Updated)
KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER FLORIDIAN LAW - I. STANDARD FORMS OF AGREEMENTS - A. Purchase and Sale Agreement sets forth the complete terms of the purchase and sale including, among other things, price, security deposit, allocation of costs of the transaction, date for closing, inspection period, financing, title contingencies, escrow information, representations, warranties, covenants, and default provisions. Please see full Chapter below for more information.
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DOJ’s Updated Corporate Enforcement Policy Aims to Incentivize Compliance
Companies that self-disclose, cooperate, and remediate could benefit from significantly reduced fines and possible declinations even in cases with aggravating factors. In a speech at Georgetown University Law Center on January 17, 2023, Assistant Attorney General Kenneth Polite (AAG Polite) announced revisions to the US Department of Justice (DOJ) Criminal Division’s Corporate Enforcement Policy (CEP). The revisions, the most significant since 2017, are primarily designed to incentivize companies to invest significantly in compliance, come forward at the earliest point when they discover corporate misconduct, and fully cooperate with DOJ investigations. Please see full Alert below for more information.
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Holland & Knight Data Privacy and Security Report: January 2023
Welcome to Holland & Knight's first monthly data privacy and security news update. We are excited to bring you the latest in policy, regulatory updates and other significant developments. Please see full Publication below for more information.
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When They’ve Got to Go (Let Them): What Employers Should Know about California’s New Restroom Access Law
Overview The California State Legislature gave employers many new bills to address on Jan. 1, 2023 (see GT Alert), but not all appear in the Labor Code. One bill that “flies under the radar” is AB 1632 – a restroom-access bill that impacts California employers with employee restrooms. AB 1632, which is codified at Cal. Health...
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Prompt Remedial Action Saves the Day for This Employer
By Linda Schoonmaker and Kyle Winnick Seyfarth Synopsis: The Fifth Circuit dismissed a plaintiff’s harassment claims because the employer took prompt action to stop the harassment and prevent it from continuing. This case highlights the importance for employers to have effective harassment policies and procedures in place. Acting promptly to remedy discrimination in the workplace...