Alert
Published 05/20/2020
Services Tax
In an effort to provide additional liquidity for struggling businesses, the federal Coronavirus Aid, Relief and Economic Security Act (" CARES Act ") has loosened the restrictions on the use of net operating loss carryovers. These provisions are intended to provide businesses with needed liquidity in a time of crisis and constrained cash flow. When a company’s allowable deductions exceed its taxable income, it results in a net operating loss (" NOL "). The Tax Cuts and Jobs Act (" TCJA "), which was enacted at the end of 2017, imposed additional restrictions on the ability to use NOLs to...
Alert
Published 05/20/2020
Services Environmental
On May 19, 2020, OSHA announced its Updated Interim Enforcement Response Plan for COVID-19 ("Updated Plan"). On May 26, 2020, OSHA will rescind its April 13, 2020 Interim Enforcement Response Plan and the new Updated Plan will go into effect, which is time-limited to the current COVID-19 health crisis. As non-essential businesses re-open, OSHA is returning to its inspection planning policy prior to the start of the COVID-19 pandemic in areas where community spread is decreasing, but will continue to prioritize COVID-19 cases. Also, facilities having high and very high-exposure risk jobs, such...
Alert
Published 05/20/2020
By Justin C. Danilewitz, Joseph A. Valenti, Allison L. Burdette
Services White Collar and Government Enforcement
Introduction On April 30, 2020, the U.S. Department of Justice (“DOJ”) Money Laundering and Asset Recovery Section (“MLARS”) and the United States Attorney’s Office for the Eastern District of New York (“EDNY”) entered into a Non-Prosecution Agreement (“NPA”) with Bank Hapoalim B.M. (“BHBM”)—Israel’s largest bank—and its wholly-owned subsidiary, Hapoalim (Switzerland) Ltd. (“BHS”), collectively (“the Banks”). [1] Under the NPA, the Banks agreed to forfeit $20,733,322 and pay a fine of $9,329,995, and MLARS and EDNY agreed not to criminally prosecute the Banks, or another wholly-owned...
Blog Post
Published 05/20/2020
By Gregory M. Boucher
Industries: Construction
Blog Post
Published 05/20/2020
By Sarah Lockwood Church, Paul A. Kasicky, Dasha G. Brockmeyer
Services : Tax
Blog Post
Published 05/20/2020
By Donald A. Rea
Industries: Construction
Alert
Published 05/19/2020
By Diane Nobile
Services Tax
In late April, the Treasury Department and the Internal Revenue Service issued much anticipated relief and guidance for those non-U.S. individuals and businesses in the U.S. affected by travel disruptions arising from the COVID-19 emergency. The global outbreak significantly limited the ability of many individuals to leave the U.S. due to canceled flights, transportation disruptions, shelter-in-place orders, quarantines, border closures and fear of traveling due to recommendations to implement social distancing. Non-U.S. individuals unable to leave the U.S. may inadvertently become U.S...
Alert
Published 05/19/2020
By Joe R. Ourth
Industries Health Care
Moving from one state to another often means that physicians, nurses, dentists and other health care professionals must obtain new state licenses to practice their profession. In Illinois, for example, nurses could expect to wait weeks if not a month to obtain their Illinois license. For physicians, it was not uncommon for the process to take several months. Yet, with the onset of COVID-19 and the concern about a medical surge, Illinois and many other states implemented through emergency powers an expedited licensure process. Out-of-state nurses could get approval in as little as 48 hours,...
Blog Post
Published 05/19/2020
By Sarah Lockwood Church, Andrew J. Daly, Paul A. Kasicky
Alert
Published 05/18/2020
By Amy L. Piccola, Andrea Brockway, Tricia M. Kazinetz
Industries Higher Education
In May 2019, the NCAA Board of Governors created a Working Group to investigate responses to proposed state and federal legislation relating to student-athletes’ ability to be compensated for use of their name, image, or likeness (“NIL”), due in part to the threat to the NCAA’s tax exempt status that would result from the enactment of such legislation. The authors previously discussed these developments here . On April 29, 2020, the Working Group released its final report (the “Final Report”) recommending that the NCAA’s divisional rules be “modernized” to account for the new media and...
Alert
Published 05/18/2020
By David J. Falcone, Kevin M. Levy
Industries Real Estate
In a lengthy opinion discussing the true value of protecting sixty-one threatened bird species, the elusive denseflower knotweed and the regionally declining southern fox squirrel, a panel of judges sitting on the federal 11th Circuit handed developers a win. In Champions Retreat Golf Founders, LLC v. Commissioner of IRS , No. 18-14817 (11th Cir. May 13, 2020), a Georgia golf course prevailed in a saga that started in 2010 when it contributed a “conservation easement” to a Section 501(c)(3) organization that qualified as a land trust established for conservation purposes as defined in Section...
Alert
Published 05/18/2020
By Bruce D. Armon , Samantha R. Gross
Industries Health Care
As states begin the process of “reopening,” Pennsylvania and New Jersey have taken important steps that directly affect physicians. On May 9, the Pennsylvania Department of Health issued a revised guidance document for health care providers to perform non-urgent procedures. The guidance states, “Providers may resume non-urgent and elective care in addition to providing urgent and emergency care, only when appropriate personal protective equipment (PPE) is available and telemedicine is not clinically sufficient. Each health care provider will need to apply their clinical judgment along with...
Blog Post
Published 05/15/2020
By Ruth A. Rauls, Erik P. Pramschufer
Services : Labor and Employment
Videos
Published 05/15/2020
Industries Higher Education |K-12 Schools
Services : Labor and Employment
Lawyers from Saul Ewing Arnstein & Lehr’s Higher Education, K-12 Schools and Labor & Employment Practices discuss issues facing educational institutions in connection with the return of students, faculty and employees, as well as the financial implications upon returning or not returning to campus.
Alert
Published 05/14/2020
By Justin C. Danilewitz, Nancy DePodesta, Chad E. Davis
Services White Collar and Government Enforcement
On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act, providing $2 trillion of stimulus relief to address the economic impact of the COVID-19 virus. Among the features of this stimulus relief is the Paycheck Protection Program (“PPP”), which initially provided $349 billion in funding for forgivable loans for qualifying businesses in a program administered by the Small Business Administration (“SBA”) and the U.S. Department of the Treasury. A second round of funding provided an additional $310 billion in forgivable loans. Naturally...
Alert
Published 05/14/2020
By Cristina Stummer
Services Environmental
Nine states have filed a lawsuit against the EPA alleging that the EPA's "Temporary Policy on COVID-19 Implications for EPA's Enforcement and Compliance Assurance Program" is ultra vires, arbitrary and capricious, and is tantamount to an agency rulemaking, promulgated without notice and comment in violation of the Administrative Procedures Act, 5 U.S.C. 553. The complaint alleges that numerous federal environmental laws mandate that regulated entities conduct compliance monitoring and reporting and that the EPA does not have statutory authority to waive compliance with these requirements...
