JD Supra United States
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- Rethinking Healthcare Expense Management Post-COVID
The Kaiser Family Foundation estimates the cost of treating a single COVID-19 patient in a US hospital could reach $20,000.1 If ICU care and ventilation therapy are required, these costs could reach $88,000 per patient. For a large metropolitan level one trauma center with 70+ critical care beds, if all beds are 100% occupied with COVID-19 vented patients, the cost of care could reach $6.7 million. Few, if any, hospitals can sustain this kind of expense. Please see full Publication below for more information.
- Trump Administration Revises List of State Sponsors of Terrorism
On January 11, Secretary of State Michael Pompeo announced the Trump Administration in its final week in office is returning Cuba to the official State Department list of state sponsors of terrorism. Cuba will thus re-join Syria (listed since 1979), Iran (listed since 1984) and North Korea (listed since 2017). As part of the Obama Administration’s efforts to thaw relations with Cuba, then-Secretary of State John Kerry had removed Cuba from that same list in May 2015.
- 2020 Incentive Stock Option & Employee Stock Purchase Plan Reporting
Now that 2021 is here, corporations should be aware of IRS reporting requirements regarding certain 2020 stock transactions with their employees. Section 6039 of the Internal Revenue Code of 1986, as amended (the “Code”), requires a corporation to report (i) the transfer by the corporation of its stock with respect to the exercise of an incentive stock option (“ISO”) and (ii) the initial transfer of legal title to the corporation’s stock acquired at a discount pursuant to an employee stock purchase plan (“ESPP”) if such transfer under the ESPP is with respect to an exercise price that is either (I) less than the value of the stock on the date of grant or (II) not fixed or determinable on the date of grant.
- Hazardous Waste Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Hot Springs Sawmill Equipment Manufacturing Facility Enter into Consent Administrative Order
The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Timber Automation, LLC (“TA”) entered into a December 17th Consent Administrative Order (“CAO”) addressing alleged violations of Arkansas Pollution Control and Ecology Commission Regulation No. 23 (Hazardous Waste Regulations). See LIS 20-200. The CAO provides that TA is a sawmill equipment manufacturing plant (“Facility”) located in Hot Springs, Arkansas.
- COVID-19 Relief: Understanding New Paycheck Protection Loan Opportunities
The Economic Aid Act continues the CARES Act’s Paycheck Protection Program with an additional $284 billion to provide forgivable loans to eligible small businesses, including certain borrowers that already received loans. Under the Economic Aid Act, Congress has appropriated an additional $284 billion in connection with the reopening of the CARES Act’s PPP loans, which are available to first-time qualifying borrowers in amounts of up to $10 million (First Draw PPP Loans).
- Final Rule Requires Retrospective Review of HHS Regulations
Last week, HHS issued a final rule setting expiration dates for regulations that are not retrospectively reviewed in a timely manner. The final rule requires HHS to review its regulations every 10 years to determine whether they are subject to the Regulatory Flexibility Act (RFA) and, if so, whether they comply with the RFA.
- California Supreme Court Finds that Dynamex Decision Regarding the Standard for Worker Classification Applies Retroactively
Employers have continued to feel the impact of the 2018 California Supreme Court decision in Dynamex Operations West Inc. v. Superior Court of Los Angeles County, 4 Cal.5th 903 (2018). Today, the California Supreme Court in Vasquez v. Jan-Pro Franchising International, Inc., held that its decision in Dynamex applies retroactively to all non-final cases that predate the Dynamex decision.
- New “transformational mixed use development” state tax credits
Taxpayers can now access a new, nonrefundable insurance premium tax credit for capital contributions to certain “transformational mixed use developments” (TMUDs). Amended Substitute Senate Bill 39, a piece of legislation finished during the recent lame duck session and signed into law by Ohio Governor DeWine on December 29, 2020, allows property owners or insurance companies to apply to the Ohio Tax Credit Authority for certification and preliminary approval of tax credits against taxes imposed on insurance companies under R.C. Section 5725.18 or R.C. Section 5729.03.
- The Worst Part of Waking Up is Getting Sued: Class Action Filed Against Folgers Coffee Co., Alleging False Advertising and Labelling | Arent Fox
Folgers Coffee Co., and its parent company, J.M. Smucker, were sued in federal court for allegedly inflating the number of servings contained in certain canisters of Folgers’ ground coffee. After doing the math, a consumer claims that Folger's coffee canisters contain an average of just 68% of the servings advertised on the product labels.
- DC Mayor Signs Act Creating Near Total Ban on Non-Compete Agreements for DC Employees
On January 11, 2020, Muriel Bowser signed the Ban on Non-Compete Agreements Amendment Act of 2020 (the “Act”) into law, moving the District one step closer to implementing one of the broadest, if not the broadest bans on non-competition agreements in the country. As we previously reported, in December 2020, the DC Council passed the Act, which broadly prohibits non-competes in the District subject to certain very narrow exceptions...
- DMC Corp v. Shriver
The Tennessee Supreme Court held that a proper bill has both a title and text. The text of the anti-pyramid law was added after the bill had been read twice in the senate, but before final passage. However, the state statutes required both a title and text to be defined as a bill. Therefore, the...
- Do the business activities of Koscot violate Kansas State's unlawful business practices act?
The Kansas Supreme Court ruled that the activities of Koscot violated the state unlawful business practices act, and the revocation of the company's business license and injunctions preventing similar operations were appropriate. Koscot sold cosmetics though a network of distributors who were...
- Can the state enact legislation that affects contracts entered into before the legislation took affect?
The Nevada Supreme Court held that the state, exercising its police powers, could enact legislation that voids contracts previously entered into. Koscot operated in Nevada, selling cosmetics through a network of independent distributors. The State Legislature enacted a statute that prohibited...
- Was Phase II an illegal chain referral program?
The Court held that Phase II was a chain referral program in violation of state statute and that its activities should be enjoined because of a substantial likelihood of future harm. Phase II sold cosmetics through a MLM structure. Distributors made a commission based on their sale of products to...
- Does the payment of recruitment bonuses to distributors by a company instead of directly from new recruits exempt such a program from state pyramid statutes?
The South Carolina Court of Appeals held that regardless of who actually paid the distributors, the company was an unlawful pyramid scheme subject to regulations. VIP argued that the exact words of the statute required payments for recruiting new members to be made directly to the recruiter. The...
- Does the sale of a product as part of a promotional program exempt the program from state statutes forbidding endless chain distribution programs?
The Texas Court of Appeals held that the sale of a product does not allow a program to escape Texas' endless chain statute. The Philco Money Express was a pyramid marketing program that sold participants a quarterly financial magazine and the right to solicit new members. The magazine was held to...
- Can a bank be held liable for negligence in connection with an illegal pyramid scheme operated by one of its depositors?
The Louisiana Supreme Court was asked if a bank could be held liable for negligence in connection with an illegal pyramid scheme operated by one of its depositors. The case and case summary can also be viewed online at: http://www.mlmlegal.com/legal-cases/Kueber_v_Martin2.php...
- Amoco Chemical Company, et al.
Amoco Chemical produced polystyrene cups and plates and marketed them as recyclable. The FTC brought a complaint, alleging that the polystyrene products were not recyclable because there were only a few facilities in the nation that would accept them. Also available at: http://www.mlmlega...
- Is Summary Judgment appropriate when a company pleads an "Amway safeguards defense?"
The Court of Appeals held that to succeed on Summary Judgment by asserting an "Amway safeguards defense", a company must present evidence that their safeguards are actually effective in preventing inventory loading and encouraging retail sales by distributors. In the District Court,...
- A contract, scheme or transaction whereby a downline invests services, but not money, in a common enterprise, and expects a return solely for the efforts of another, can be a regulated security.
The Securities & Exchange Commission brought suit against International Heritage, Inc. (IHI) for various securities violations and obtained an injunction, partly relating to the compensation plan. IHI tendered a modified compensation plan to the court and requested relief from the injunction....