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New consumer privacy laws, big developments in ransomware attacks and the FBI’s Operation Trojan Shield

More states are working on comprehensive consumer privacy laws that could impact how companies share data, there have been more ransomware and supply chain attacks and there’s news of a messaging app used as a Trojan horse by the FBI. My colleagues Kevin Scott and Donna Ruscitti explain in their August Privacy and Security Roundup.… Continue Reading

For public companies, the time to update executive compensation practices is now: Final regulations issued under IRC Section 162(m) and American Rescue Plan Act further expands class of covered employees

At long last, the Department of the Treasury and Internal Revenue Service published final regulations to explain how changes to Internal Revenue Code Section 162(m) under the Tax Cuts and Jobs Act of 2017 (TCJA) affect the deductibility (or lack thereof) of compensation in excess of $1 million paid to covered employees.  For the most … Continue Reading

Ohio irrevocable trusts – Respite for trustees? Proposed legislation establishes optional process for extra-judicial claim resolution

An advantage of an inter vivos revocable trust, which becomes irrevocable upon the settlor’s death, is that the trust typically avoids all probate court filings. However, the lack of filings with the probate court can also be a double-edged sword for trustees who wish for a swift absolution of all claims associated with an irrevocable … Continue Reading

Drop your pencils: The PPP Flexibility Act is here

Paycheck Protection Program (PPP) borrowers across the nation have struggled to meet the Small Business Administration’s (SBA) guidelines, with many resorting to new and creative payroll expenditures to meet spending minimums and qualify for full forgiveness of the loan. On June 3, 2020, the U.S. Senate passed House Bill 7010, the “Paycheck Protection Program Flexibility Act … Continue Reading

Workplace exposure to COVID-19: Can employers be liable?

As COVID-19 cases continue to mount nationwide, so have lawsuits relating to fallout from the virus. On April 6, 2020, in one of the first COVID-19-related lawsuits of its kind, the estate of an Illinois Walmart Supercenter employee sued Walmart and the premises owner for wrongful death in Toney Evans v. Walmart, Inc., et al. My colleague Brodie … Continue Reading

Employer disclosures of COVID-19 diagnoses

As more test kits become available for COVID-19 and an increasing number of people are tested, there will be more positive diagnoses. As our colleague Victoria Hanohano-hong writes, a combination of federal privacy laws prevent an employer from disclosing the identity of an infected employee without authorization. Read the full post on the Employee Benefits … Continue Reading

Cryptocurrency Update

Porter Wright’s Jay Levine and Brett Thornton discussed e-currency with a focus on cryptocurrency in a current podcast on Porter Wright’s Antitrust Law Source: http://www.antitrustlawsource.com/podcast/regulation-of-cryptocurrency/ They explore the rules and regulations of this kind of currency, the securities law ramifications, and other regulatory implications.… Continue Reading

Association Health Plans—Proposed DOL Rules Create Potential Opportunity for Associations and Small Employers

Our colleagues at Porter Wright’s employee benefits blog recently described a proposed rule that may be of interest to community financial institutions: proposed rules of the Department of Labor that may make it easier to join with other similar organizations to purchase employee health insurance.  Saving expenses is the name of this game of course.  This is … Continue Reading

Tax Reform Will Affect Public Company Executive Compensation Arrangements and Related Proxy Statement Disclosures

While opinions on the Tax Cuts and Jobs Act (the “Act”) vary, one thing everyone can agree on is that it is a game changer in many areas of law and business. An example of that is how the Act affects executive compensation arrangements of publicly traded companies.  The Act has amended Internal Revenue Code … Continue Reading
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