On April 26, 2024, the Federal Trade Commission (FTC) issued a final rule to amend its Health Breach Notification Rule (HBN Rule). The HBN Rule works as a complement and counterpart to the breach notification requirements...more
The highly anticipated guidance for the second round of allocations (Round Two) under the US Treasury’s §48C Qualifying Advanced Energy Project Tax Credit program was released this week pursuant to IRS Notice 2024-36, with...more
For more than 10 years, as the subsidy for direct payment Build America Bonds (BABs) has been less than originally promised due to sequestration, issuers have wondered if sequestration constituted an “extraordinary event”...more
The Federal Trade Commission (FTC), at its May 18, 2023, open Commission meeting, voted unanimously to issue a Notice of Proposed Rulemaking to amend the Health Breach Notification Rule (HBNR). The FTC’s proposed amendment...more
The Internal Revenue Service (IRS) recently released guidance regarding the changes to the Plug-In Electric Drive Vehicle Credit (EV Credit) under Section 30D of the Internal Revenue Code (Code), which was most recently...more
On February 13, 2023, the Treasury Department and the Internal Revenue Service (the IRS) released Notice 2023-18 (the Notice), which established the program (the Allocation Program) to allocate $10 billion of advanced energy...more
“It’s a good time to be in transportation!” says William Murdock, Executive Director of the Mid-Ohio Regional Planning Commission (MORPC). Speaking to KJK’s Samir Dahman and James Scherer, Mr. Murdock, who heads one of...more
Direct pay proposals contained in the proposed Build Back Better Act promise to establish a system that would allow renewable energy developers to elect to receive ITC and PTC tax credits as a refundable credit....more
On May 20, 2022, the Federal Trade Commission’s Team CTO and the Division of Privacy and Identity Protection published a blog post entitled, “Security Beyond Prevention: The Importance of Effective Breach Disclosures.” ...more
On March 28, 2022, the Biden-Harris Administration sent the President’s Budget for Fiscal Year (FY) 2023 to the United States Congress (“Congress”). The President’s proposed $5.8 trillion budget for FY 2023 allocates billions...more
On February 24, 2022, the US Court of Appeals for the Federal Circuit (the Federal Circuit) issued its decision in Ampersand Chowchilla Biomass, LLC v. US, No. 2021-1385 (Fed. Cir. 2022). There, the Federal Circuit affirmed a...more
For anyone who believes that health care, in the wealthiest nation in the world, is a right and not a privilege, the Biden Administration provided some cause for optimism. It came in the form of an announcement by Vice...more
The New York Supreme Court (Albany County) (“Court”) addressed in a September 29th Opinion a dispute arising out of a landfill lease agreement between the City of Albany, New York (“Albany”) and Albany Energy (“AE”). See City...more
On September 16, 2021, the Federal Trade Commission (“FTC” or “Commission”) held its third Open Commission Meeting in as many months. The Commission addressed four items: (1) whether to issue a policy statement affirming that...more
A new Policy Statement from the US Federal Trade Commission places companies that offer consumer-facing health apps and connected health and wellness devices on notice that they may be covered by a Health Breach Notification...more
The Federal Trade Commission (“FTC”) issued a policy statement clarifying that health apps that collect or use consumers’ health information are subject to the Health Breach Notification Rule’s notification requirements when...more
On September 15, 2021, in response to the “proliferation of apps and connected devices that capture sensitive health data” the Federal Trade Commission (FTC) issued a Policy Statement (the Statement) offering guidance on the...more
The United States Supreme Court ruled on June 24, 2021, in Collins v. Yellin that a restriction on the President’s power to remove the director of the Federal Housing Finance Agency at will is unconstitutional as a violation...more
In its decision earlier this week in Collins v. Yellin (previously captioned Collins v. Mnuchin), the U.S. Supreme Court, relying on its decision in Seila Law, held that the Federal Housing Finance Agency’s structure is...more
On June 23, 2021, the Supreme Court of the United States (“Supreme Court”) ruled that the director of the Federal Housing Finance Agency (“FHFA”) must be removable and that the tenure protections put in place by the 2008...more
On June 23, 2021, the U.S. Supreme Court decided Collins v. Yellin, holding that: (1) shareholders could not bring a claim that the Federal Housing and Finance Agency (FHFA) violated the Housing and Economic Recovery Act of...more
Collins v. Yellen, No. 19-422: The Housing and Economic Recovery Act of 2008 (“Recovery Act”), 12 U.S.C. §4501 et seq., was passed in response to concerns that Fannie Mae’s and Freddie Mac’s financial condition as a result of...more
The COBRA subsidy from the most recent COVID-19 stimulus bill – The American Rescue Plan Act of 2021 (ARPA) – is now in effect. An assistance-eligible individual can have 100% of COBRA premiums subsidized for the periods...more
There is an old saying – “People with weak stomachs should not watch sausage or legislation being made.” A great application of that aphorism is seen in the current COBRA subsidy proposed legislation making its way through...more
With a single tweet, President Trump ended months of speculation as to whether or not Congress would provide another round of COVID relief before the election. As he announced on Twitter, the President has his sights on...more