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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...

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