Holland & Knight LLP (JD Supra United States)

3058 results for Holland & Knight LLP (JD Supra United States)

  • Canceling the Word "Shall" in Leases, Contracts and Legal Forms

    The majority of today's leases, contracts and legal forms are riddled with the word shall. Shall is a word beloved by many, but it may be time to move away from shall. The use of shall can take parties down the long and arduous path of litigation. Even though shall has been used for generations…

  • Failure to X-Ray Implicates Emergency Medical Treatment and Active Labor Act

    The Emergency Medical Treatment and Active Labor Act of 1986 (EMTALA) is designed to prevent patient "dumping." It applies to all individuals coming to the emergency department (ED) of a hospital that accepts Medicare funding. If someone comes to the ED requesting care, the hospital has to screen the person to determine whether an emergency…

  • Federal Circuit Affirms Contractors’ Ownership Rights in Technical Data and Trade Secrets

    When trade secrets and other intellectual property disputes arise involving federal government contractors, defendants often assert that the alleged trade secret or intellectual property belongs to the government as part of their defense. Indeed, much can be made in civil litigation about the legal impact of the contractor's creation of an alleged trade secret for…

  • Prejudgment Interest on Personal Injury Claims Becomes Law in Illinois

    Illinois Gov. JB Pritzker has signed Senate Bill 72 (Prejudgment Interest Act) into law, which provides for prejudgment interest on all damages rendered in personal injury and wrongful death claims at the rate of 6 percent per year.

  • Biden Administration's FY 2022 Budget and Its Tax Increases for Corporations, Wealthy

    By way of background, the budget that the president submits to Congress contains estimates of federal government income and spending for the upcoming fiscal year and also recommends funding levels for the federal government. Congress then considers and passes appropriation bills. If Congress does not pass all appropriation measures by the start of the fiscal…

  • U.S. Supreme Court Decision May Pave Way for Future IRS Lawsuits

    The U.S. Supreme Court recently rendered a unanimous opinion holding that the Anti-Injunction Act (AIA) did not block a lawsuit brought by CIC Services against the Internal Revenue Service (IRS), delivering an important victory to CIC and similarly situated taxpayers everywhere. While an important question must still be decided by the lower court – whether…

  • Federal Judge Rules Day Rate Can Be a Salary for FLSA Exemptions

    In a significant and favorable ruling for employers, especially in the oil and gas industry, a federal judge in the U.S. District Court for the District of Colorado recently ruled that the plaintiff in Scott v. Antero Resources Corp., a highly compensated employee, was exempt from overtime because the salary basis requirement was met.

  • President Biden Unveils FY 2022 Budget Request

    The White House on May 28, 2021, released President Joe Biden's $6 trillion proposed budget for federal spending in fiscal year (FY) 2022. The president's budget proposal serves as a fiscal blueprint for the administration's policy priorities and signals to Congress what the White House hopes to accomplish over the coming years. It also provides a detailed look at how the president's spending and

  • The Litigation Funding Case That Keeps On Giving

    As litigation funding becomes more commonplace, courts are having to determine how a wide variety of laws apply to litigation funding agreements. Until now, courts have primarily focused on two issues: 1) whether or when communications with the funder may be protected by attorney-client or work product privilege, and 2) whether the agreement is enforceable…

  • The Financial Sector and Government Contractors in the Environmental Bull's-Eye

    The Biden Administration on May 20, 2021, issued its latest and long-awaited Executive Order (EO) on climate-related financial risk. This EO reflects how the administration is continuing to take a "whole of government" approach to climate risk with an emphasis on financial risk ...

  • SB 7 Creates Expedited CEQA Litigation Schedule for Qualifying Projects

    Signed into law by California Gov. Gavin Newsom on May 20, 2021, and taking immediate effect as an "urgency statute," Senate Bill (SB) 7 revives and expands the previously enacted Environmental Leadership Development Project (ELDP) litigation process. Although billed as a law that will "streamline" housing, the new law does not streamline the project approval…

  • When IRS Penalty Assertions Are Unlawful

    One of the most highly litigated issues in U.S. Tax Court is whether taxpayers are liable for certain penalties, additions to tax or additional amounts (each, a "penalty" and collectively, "penalties"). This should come as no surprise, as the IRS assessed nearly $40.5 billion in civil penalties in fiscal year 2019.1

  • U.S. Removes Xiaomi from List of Banned Chinese Companies

    The U.S. government officially removed Chinese smartphone maker Xiaomi Corp. from its blacklist, ending the Trump-era ban prohibiting Americans from investing in the company. In their joint filing in the U.S. District Court for the District of Columbia, the U.S. Department of Defense (DoD) and Xiaomi submitted the final proposed order to end the litigation…

  • IRS Announces Tax Credits for Small Businesses Providing Paid Leave for COVID Vaccine

    This is an update to Holland & Knight's previous blog, "Employers May Encourage Employees to Receive COVID-19 Vaccine, But Requiring it Raises Issues," April 26, 2021. The Internal Revenue Service (IRS) recently announced that tax credits under the American Rescue Plan Act of 2021 (ARP) will be available to small businesses that provide paid leave…

  • Afghanistan Agrees to Drop All Tax Claims Against U.S. and NATO Contractors

    After years of negotiations with the Afghan Government, U.S. contractors appear to have achieved a major breakthrough regarding their future tax liabilities for operating in Afghanistan. On May 5, 2021, the Afghanistan-NATO Implementation Commission (ANIC) and the Joint Commission Executive Steering Committee agreed that the Government of the Islamic Republic of Afghanistan (GIRoA) would drop all…

  • Fifth Circuit's Seaman Status Realignment Brings New Considerations for Offshore Oil & Gas and Wind Industry Operators

    Since the enactment of the Jones Act, courts have wrestled to define "seaman" and who is entitled to remedies under the Jones Act. The Jones Act grants a "seaman" a negligence cause of action against his employer and only a seaman may sue under the Jones Act. Importantly, if a worker does not qualify as…

  • Tribal Fiscal Recovery Funds: Key Documents, Deadlines and Takeaways

    The $1.9 trillion American Rescue Plan Act allocated $20 billion in Fiscal Recovery Funds (FRF) to tribes. The law required $1 billion to be allocated equally among the federally recognized tribes, and the remaining $19 billion to be allocated according to a formula established by the U.S. Department of the Treasury (Treasury Department).

  • DOL Rescinds Trump-Era Rule Regarding Employment Status Under the FLSA | Insights

    The U.S. Department of Labor (DOL) officially withdrew a Trump-era rule that had been announced to clarify independent contractor status under the Fair Labor Standards Act (FLSA). The repeal took effect on May 6, 2021. The move signals that the current DOL will be scrutinizing independent contractor relationships with an eye toward characterizing more workers…

  • Update on Key Issues for Motor Carriers Involving Independent Contractors

    This Holland & Knight Transportation Blog post provides an update on several developments of interest that impact motor carriers and their logistics operations. FMCSA Meal and Rest Break Rule Preempts California's "ABC Test" for Truck Drivers Regulated by Federal Hours of Service Rules...

  • Update for Employers: Recent Legislation Improves, Extends Employee Retention Credit

    The Coronavirus Aid, Relief, and Economic Security (CARES) Act authorized a refundable tax credit important to many employers struggling as a result of the COVID-19 pandemic. This credit, known as the Employee Retention Credit (ERC), has been retroactively improved and extended by both the Consolidated Appropriations Act of 2021 (CAA) and the American Rescue Plan.

  • MassDEP Seeks Stakeholder Input in Electricity Sector Regulation Review

    Two Massachusetts Department of Environmental Protection (MassDEP) electricity sector regulations, 310 CMR 7.74: Reducing CO2 Emissions from Electricity Generating Facilities and 310 CMR 7.75: Clean Energy Standard, require MassDEP to complete a program review by Dec. 31, 2021, and every 10 years thereafter. As an initial step in the review process, MassDEP is requesting comment…

  • Environmental Protection Agency Rescinds Procedural Regulation for Guidance Documents

    On May 11, 2021, U.S. Environmental Protection Agency (EPA) Administrator Michael S. Regan signed a Final Rule rescinding EPA regulation, 40 C.F.R. Part 2, Subpart D, which final rule becomes effective upon publication in the Federal Register. The rescinded rule – previously effective Nov. 18, 2020, based upon Federal Register publication dated Oct. 19, 2020…

  • Cybersecurity for All: President Biden Issues Sweeping Cybersecurity Executive Order

    On May 12, 2021, President Joe Biden issued a comprehensive Executive Order (EO) on Improving the Nation's Cybersecurity that promises sweeping changes in federal contracts for information technology (IT), cloud services and operational technology. The EO was issued in response to the growing cybersecurity threat and in the wake of the late 2020 SolarWinds Orion…

  • Ship Repairers Need to Be Wary of Warranty of Workmanlike Performance

    The U.S. Court of Appeals for the Fifth Circuit recently reminded the legal community that liability for breach of the implied warranty of workmanlike performance (WWLP) is strict, and damages can end up being much more than anticipated. Contracts of ship repairers fall under admiralty jurisdiction and are therefore subject to doctrines of general maritime law. The implied warranty of...

  • Venezuela Update: May 11, 2021

    Holland & Knight's Venezuela Focus Team invites you to read our Venezuela Update, in which we discuss the latest news, trends and developments in Venezuela that impact the interests of businesses across all industry sectors. Holland & Knight's Venezuela Update, produced in conjunction with Venezuela-based firms Tinoco Travieso Planchart & Nuñez and Arca Análisis Económico, provides our...

  • New OSHA Guidance for Recording Obligations When Mandating Vaccination

    This is an update to Holland & Knight's previous blog, "Employers May Encourage Employees to Receive COVID-19 Vaccine, But Requiring it Raises Issues," April 26, 2021. The Occupational Safety and Health Administration (OSHA) recently issued new guidance on recording obligations for COVID-19 vaccine-related injuries for those employers required to keep OSHA 300 logs.

  • Holland & Knight's Climate Week Report

    Holland & Knight's Energy and Natural Resources (ENR) Industry Sector Group invites you to read the Climate Week Report, which provides insights and analysis of the important developments from U.S. Climate Action Week, held April 19-23, 2021. As the Biden Administration released its new target for reductions of greenhouse gas (GHG) emissions and convened the largest virtual gathering of...

  • Large Corporations and Wealthy Taxpayers Beware: The Taxman is Coming

    Internal Revenue Service (IRS) Commissioner Chuck Rettig on April 13, 2021, told a U.S. Senate panel that the tax gap in the U.S. may total $1 trillion per year. In his view, the increase from prior estimates is due, in part, to the rise in use of cryptocurrencies, offshore tax evasion and the use of…

  • Florida Commercial Rent and License Fees May See Decrease Under New Law

    Unlike most states, Florida imposes a sales tax on commercial rent or license fees, regardless of the length of the term. During the most recent legislative session, the Florida legislature passed and Gov. Ron DeSantis signed into law a bill that might adjust the sales tax rate once the unemployment compensation trust fund is replenished…

  • N.J. High Court Rules on Employer Obligations Under State Medical Marijuana Act

    Organizations in employee-friendly New Jersey have long been faced with a choice between compliance with permissive state marijuana regulations or with stricter federal mandates. The Supreme Court of New Jersey, in Hager v. M&K Construction, 2021 WL 1380984 (N.J. April 13, 2021), has recently clarified that the Jake Honig Compassionate Use Medical Cannabis Act (Honig…

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