McDermott Will & Emery

The New Section 6501(c)(10) Regulations

The Internal Revenue Service (IRS) and the U.S. Department of the Treasury recently finalized Treas. Reg. § 301.6501(c)-1(g), which interprets § 6501(c)(10)’s extended limitations period (and other associated rules) where a…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Securities Law, Taxation

CMS Issues Proposed - Skilled Nursing Facility Rule

On April 15, 2015, Centers for Medicare & Medicaid Services (CMS) issued a proposed rule to address Skilled Nursing Facility (SNF) Medicare rate increases for fiscal year (FY) 2016, as well as to propose a variety of measures…more
| Health

Maryland Offers Attractive Amnesty Program – Even for Taxpayers Under Audit!

Starting September 1, 2015, the Comptroller of Maryland (Comptroller) will offer qualifying taxpayers that failed to file or pay certain taxes an opportunity to remit tax under very attractive penalty and interest terms. The…more
| Taxation

One Down, One to Go: Illinois Senate Passes Captive Insurance Exemption to Illinois Self-Procurement Tax

On April 21, 2015, the Illinois Senate unanimously passed Senate Bill 1573, as amended. As we have previously covered, the amended Bill creates an exemption from the 3.5 percent self-procurement tax and 0.2 percent Surplus Lines…more
| Commercial Law & Contracts, Elections & Politics, Insurance, Taxation

Massachusetts: Proposing to Repeal Tax Credits Might Have Chilling Effect

During the rollout of his fiscal year 2016 budget proposal, Massachusetts Governor Charlie Baker proposed to repeal the state’s film tax credit in 2017. While this tax credit has drawn criticism for its goal of providing public…more
| Art, Entertainment, & Sports Law, Elections & Politics, Taxation

EEOC Issues Guidance on Employer Provided Wellness Programs

The Equal Employment Opportunity Commission (EEOC) has released long-awaited proposed guidance (the proposed rule) relating to employer wellness programs. The proposed rule amends regulations implementing Title I of the…more
| Civil Rights, Labor & Employment Law, Health

Cybersecurity Update: U.S. Sanctions on the Horizon for Malicious Cyber-Attackers

Executive Order 13694 is the Obama Administration’s latest tool to combat cybersecurity threats. On April 1, 2015, President Obama declared a national emergency to address the “increasing prevalence and severity of malicious…more
| Elections & Politics, Finance & Banking, Privacy, International Law & Trade, Science, Computers, & Technology

New Board Compliance Guidance Prompts General Counsel Focus

Health care general counsel should review, and brief their internal clients on, the new Practical Guidance for Health Care Governing Boards on Compliance Oversight (Guidance), released on April 20, 2015. A joint effort by the…more
| Commercial Law & Contracts, Health

Focus on Private Equity - April 2015

In This Issue: - The Use of Alternative Credit in Europe - Buying and Selling a Craft Brewery in the United States - Excerpt from The Use of Alternative Credit in Europe: As a result of the reduced…more
| Commercial Law & Contracts, Finance & Banking, Mergers & Acquisitions, International Law & Trade, Taxation

Challenges Facing “Narrow” Provider Networks on the ACA Health Care Insurance Exchanges

In This Issue: - The Driving Forces Behind the Trend Toward Narrower Networks - The Trade-Off - Regulatory, Legislative and Litigatious Responses to Narrower Networks Across the Nation - Judicial and CMS…more
| Administrative Law, Elections & Politics, Health, Insurance

DOL Provides Greater Flexibility for Distribution of Annual Participant Fee Disclosure Effective Immediately

The U.S. Department of Labor (DOL) recently issued guidance providing defined contribution plan administrators with additional flexibility on the timing requirements for distribution of the required annual fee disclosure to plan…more
| Administrative Law, Labor & Employment Law, Finance & Banking

District of Columbia’s Transfer Pricing Enforcement Program and Combined Reporting Regime: Taking Two Bites of the Same Apple

In his recent article, “A Cursory Analysis of the Impact of Combined Reporting in the District”, Dr. Eric Cook claims that the District of Columbia’s (D.C. or the District) newly implemented combined reporting tax regime is an…more
| Business Organizations, Commercial Law & Contracts, Taxation

Italy withdraws from the Energy Charter Treaty

Italy is reported to have given formal notice to withdraw from the Energy Charter Treaty (ECT). Rumours of Italy’s intention to leave the ECT had been circulating since last autumn. IAReporter now revealed that Italy has…more
| Energy & Utilities, Finance & Banking, International Law & Trade

BAG: Kündigung nach künstlicher Befruchtung unwirksam

Bislang war höchstrichterlich noch nicht entschieden, wann der besondere Kündigungsschutz nach § 9 Abs. 1 S. 1 MuSchG im Falle einer künstlichen Befruchtung eingreift. Hiernach ist eine ohne behördliche Zustimmung ausgesprochene…more
| Civil Procedure, Civil Rights, Labor & Employment Law

National Roadmap for Health Data Sharing: FTC Advocates Preservation of Privacy and Competition

On April 1, 2015, the Office of the National Coordinator for Health Information Technology (ONC), which assists with the coordination of federal policy on data sharing objectives and standards, issued its Shared Nationwide…more
| Antitrust & Trade Regulation, Privacy, Health, Science, Computers, & Technology
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