Nathan A. Adams IV

Nathan A. Adams IV

Holland & Knight LLP

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Florida Open for Captive Insurance Business

After several decades, Florida is back in the business of licensing captive insurance companies. On Aug. 11, 2016, the Florida Office of Insurance Regulation issued a license to a nonprofit Florida corporation, pursuant to...more

9/16/2016 - Captive Insurance Company Corporate Entities Energy Sector Florida Healthcare Hospitality Industry Insurance Industry Licenses Non-Profits Reinsurance Tax Exempt Entities Tax Exemptions

Food and Beverage Law Update: August 2016

When food and beverage companies think of their largest risks, data breaches have not historically come to mind, but this is changing because of reports in the past few months of major breaches by companies such as Noodles &...more

8/2/2016 - COPPA Cyber Insurance Cybersecurity Data Breach Defined Contribution Plans Employee Benefits ESOP FDA FLSA Food Manufacturers Food Safety FSMA FTC IRS Minimum Salary Over-Time Personally Identifiable Information Popular Registration Requirement Restaurant Industry Retailers Selling a Business Tipped Employees Tips Wage and Hour White-Collar Exemptions

Supreme Court Reaffirms University's Race-Conscious Admissions Policy

In a much-anticipated decision, the U.S. Supreme Court upheld the University of Texas at Austin's race-conscious undergraduate admissions policy. That policy applies to roughly 25 percent of the incoming class. The other 75...more

6/24/2016 - Affirmative Action College Admissions Colleges Diversity Educational Institutions Fisher v University of Texas Race Discrimination SCOTUS Universities University of Texas

Religious Institutions Update: May 2016

Timely Topics - Has your nonprofit received a donation for a restricted purpose that has become impractical, impossible to achieve, wasteful or even unlawful? A donor may restrict a contribution to a charity for a...more

5/2/2016 - Charitable Donations ERISA Gender Discrimination Marriage Mootness Non-Profit Hospitals Non-Profits Pensions Permits Religious Institutions RFRA RLUIPA Sex Offenders Spouses Transitional Care Management

Food and Beverage Law Update: April 2016

Finance - PACA Liens Could Impact Financing Terms - The Perishable Agricultural Commodities Act (PACA) is a federal law enacted in 1930 with the goal of protecting suppliers and sellers of agricultural goods from...more

4/27/2016 - Beverage Manufacturers Class Action Deceptively Misdescriptive Disparagement Distributors FDA Food Commodities Food Labeling Franchise Laws Lenders Liens Loans NLRA NLRB Section 7 SNAP Program Statutory Trusts Suppliers USDA

Religious Institutions Update: March 2016

Timely Topics - The death of U.S. Supreme Court Associate Justice Antonin Scalia will have an uncertain effect on religious institutions. Justice Scalia delivered the majority opinion in Employment Div. v. Smith, 494 U.S...more

3/2/2016 - Churches Hospitals Race Discrimination Religious Accommodation Religious Discrimination Religious Expression Religious Freedom Restoration Act Religious Institutions Same-Sex Marriage Tax Exempt Entities

Religious Institutions Update: January 2016

Timely Topics - The Internal Revenue Service (IRS) issued on Dec. 17, 2015, a memorandum instructing its examiners not to conduct employment tax audits of churches without getting in touch with a high-ranking Treasury...more

2/1/2016 - Audits Equal Protection Health Care Providers IRS Jurisdiction Marriage Licenses Religious Institutions RFRA Same-Sex Marriage Tax Exemptions

Food and Beverage Law Update: January 2016

Key Issues Facing Food Retailers - Compliance and Cybersecurity: Consero Group surveyed the general counsel of Fortune 1,000 companies in June 2015 and learned that 60 percent still lack the proper preparation for a...more

1/27/2016 - Beer Breweries Cybersecurity Excise Tax FDA Food Labeling Food Marketing Natural Products On-Demand Services Popular Tips Wage and Hour

Religious Institutions Update: December 2015

Captive insurance companies can be a win-win for organizations with excellent claim records that would rather accrue their insurance premiums than pay them to a third-party insurer. Put simply, captive insurers are insurance...more

12/4/2015 - Captive Insurance Company Free Speech Religious Institutions School Vouchers Surveillance Textbooks

Religious Institutions Update: May 2015

Religious institutions commonly keep ministry supporters and members abreast of developments through newsletters, correspondence and other communications. Sometimes, the developments reported are embarrassing to those...more

5/21/2015 - Affordable Care Act Appeals CFOs Contraceptive Coverage Mandate Defamation Establishment Clause False Statements First Amendment Gender Discrimination Religious Freedom Restoration Act Religious Institutions Religious Schools RLUIPA Scholarships Sex Discrimination Sexual Harassment Tax Credits Title VII

Religious Institutions Update: March 2015

Several interrelated legal developments make it more important than ever for religious institutions intending to qualify for exemptions to generally applicable laws to do the hard work before litigation or administrative...more

3/6/2015 - Child Abuse Contraceptive Coverage Mandate Contraceptives Corporate Governance Exemptions NLRB Pacific Lutheran University Religious Freedom Restoration Act Religious Institutions

Religious Institutions Update: December 2014

Every year, religious institutions spend millions purchasing insurance of various types from insurance companies. Many will never make claims on the policies remotely equal to their annual investment in premiums. In these...more

12/3/2014 - Captive Insurance Company Religious Institutions

Religious Institutions: October 2014

Timely Topics - Church splits and property disputes are not new, but they have certainly grown in number in recent years. In the seminal case on church property disputes, Watson v. Jones, 80 U.S. (13 Wall.) 679, 20 L....more

10/9/2014 - Burwell v Hobby Lobby Churches Establishment Clause First Amendment Fraudulent Conveyance Native American Issues Religious Discrimination Religious Freedom Restoration Act Religious Institutions

Avoiding and Defending Florida License Tax Audits

Florida hotels and restaurants are facing license tax audits, assessments and penalties in increasing numbers. A "license" is statutorily defined as the granting of a privilege to use or occupy a building or real property....more

9/9/2014 - Audits Corporate Taxes Hotels Licenses Resorts & Restaurants Restaurant Industry

Religious Institutions: August 2014

If the Internal Revenue Service (IRS) had a moratorium on enforcing §501(c)(3) electioneering restrictions against churches and religious organizations, the IRS states that it has been lifted incident to the settlement and...more

8/7/2014 - 501(c)(3) Audits Charitable Donations Churches Electioneering ERISA Health Care Providers IRS Religious Institutions Retirement Plan Settlement Tax Exempt Entities

Religious Institutions Update

The U.S. Supreme Court ruled in Burwell v. Hobby Lobby Stores, Inc. that an existing contraceptive coverage mandate violates the Religious Freedom Restoration Act statute that applies to for-profit closely held corporations...more

7/17/2014 - Affordable Care Act Burwell v Hobby Lobby Closely Held Businesses Contraceptive Coverage Mandate Contraceptives Employer Mandates Hobby Lobby Religious Exemption Religious Freedom Restoration Act SCOTUS

Religious Institutions Update - Lex Est Sanctio Sancta

"Church plans" are pension plans (including defined benefit or defined contribution plans) exempt (without an irrevocable election) from many of the legal requirements of the Employee Retirement Income Security Act (ERISA)...more

6/3/2014 - Affordable Care Act Breach of Contract Churches Defined Benefit Plans Defined Contribution Plans Equal Protection ERISA Exemptions FICA Taxes Form 5500 IRS Non-Profits Pensions Prayer Public Meetings Religious Institutions RLUIPA Title VII Unemployment Benefits

Religious Institutions Update - April 2014

Does a closely held for-profit corporation have a constitutionally or statutorily protected right to exercise religion under the Free Exercise Clause or the Religious Freedom Restoration Act of 1993 (RFRA)? The U.S. Supreme...more

4/7/2014 - Freedom of Religion Hobby Lobby Religion Religious Institutions RFRA

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