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Exclusions

Bradley Arant Boult Cummings LLP

Court Rejects Application of Flood Exclusion to Hurricane Rainfall

As the Atlantic hurricane season reaches its peak in September, bringing with it rainfall and flooding, a recent New Jersey court held a sewer overflow resulting from rainfall was not caused, directly or indirectly, by a...more

Proskauer - Health Care Law Brief

Post‑Chevron Spotlight: Disproportionate Share Hospital Payments Restored as Texas Hospitals Prevail in Challenge to HHS Exclusion...

In a victory for Texas health care providers, in Baylor All Saints Medical Center dba Baylor Scott & White All Saints Medical Center‑Fort Worth et al. v. Xavier Becerra, case number 4:24‑cv‑00432, the United States District...more

Wiley Rein LLP

USTR Issues Proposed Section 301 Exclusion Request Form for Certain Machinery Used in Domestic Manufacturing

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On August 15, 2024, the Office of the U.S. Trade Representative (USTR) published an information collection request (ICR) with respect to its proposal, first announced in May, to allow importers to request temporary exclusions...more

Lippes Mathias LLP

Tax Considerations for Mergers and Acquisitions: Qualified Small Business Stock and its Tax Benefits

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For an active business in the post-Tax Cuts and Jobs Act (TCJA) world of lower corporate tax rates, buyers and shareholders considering a future exit should always consider C corporations and the availability of potential...more

Lasher Holzapfel Sperry & Ebberson PLLC

Avoid the Estate Planning Exemption Cliff: Plan to Take Advantage of the Current Exemption Before it Expires

In an effort to provide Americans with various forms of tax relief, in 2017 Congress enacted the Tax Cuts and Jobs Act (“Tax Act”). This act provided tax reductions in many different categories, but one of the most...more

Presley & Presley

Carrier’s Failures Create Coverage

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Insurance laws may vary slightly between jurisdictions but major principles are nearly uniform. These include requirements that an insurer should draft clear and unambiguous exclusions and should identify and fully inform the...more

Baker Donelson

SALT Select Developments - July 2024

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State and local taxes impact almost every taxpayer, and developments in any one jurisdiction can be frequent and sometimes confusing. ln this newsletter edition, we will briefly summarize selected state and local tax (SALT)...more

Skadden, Arps, Slate, Meagher & Flom LLP

Shareholder Proposal No-Action Requests in the 2024 Proxy Season: A Surge in Requests and Better Results for Companies

Shareholder proposals submitted for 2024 annual meetings continued to cover a wide range of environmental, social and governance (ESG) topics. And companies seeking to exclude shareholder proposals they deemed inappropriate...more

Warner Norcross + Judd

Final Fiduciary Rule — Part 3: Amendments to PTEs 84-24, 75-1, 77-4, 80-83, 83-1 and 86-128

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On April 25, 2024, the U.S. Department of Labor (DOL) released regulations redefining who is an investment advice fiduciary under the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code...more

Parker Poe Adams & Bernstein LLP

What Employers Should Know About Summer Intern Programs

As we begin this summer season, so too do we begin the season of summer interns. While bringing on summer interns can provide a wide array of benefits to a company, employers must be careful to create a legally compliant...more

Braumiller Law Group, PLLC

Braumiller-Law-Group - June 2024 Newletter

Recently, President Biden signed a foreign military support bill (H.R. 815) into law, which also encompassed the 21st Century Peace Through Strength Act (the Act), a legislative proposal introduced in the House containing...more

Quarles & Brady LLP

Is Your Employee or Contractor Excluded?

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Employers must check its employees, contractors and vendors to see if an individual or organization is excluded from participating in federal and/or state programs. While there are a variety of exclusion programs at the...more

Braumiller Law Group, PLLC

Hot Topics in International Trade - June 2024 - USTR Extends Certain Section 301 Exclusions for One Year – Is Your Exclusion...

The United States Trade Representative (USTR) recently released a list of Section 301 exclusions that would be extended through May 31, 2025.[1] Within the Notice, the USTR explained that extending these exclusions will...more

Locke Lord LLP

Important Update: Changes to Section 232 Exclusion Process and Biden ‎Administration's Tariff Policy

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On May 17, 2024, the U.S. Commerce Department’s Bureau of Industry and Security (“BIS”) published a Final Rule revising the Section 232 tariff exclusion process for imported steel and aluminum products. Effective July 1,...more

Foley Hoag LLP

USTR Seeking Public Comments on Proposed Tariff Increases on Chinese Goods

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As reported in our previous client alert, on May 14, 2024, President Biden announced that he directed his Trade Representative to increase tariffs under Section 301 of the Trade Act of 1974 (Section 301) on a wide range of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Mining/National Environmental Policy Act: Federal Appellate Court Addresses U.S. Forest Services Use of Categorical Exclusions

The United States Court of Appeals for the 9th Circuit (“9th Circuit”) addressed in a May 21st Opinion whether the United States Forest Service (“Service”) violated the National Environmental Policy Act (“NEPA”). See Friends...more

PilieroMazza PLLC

[Webinar] Sustainable Procurement: A Closer Look at the New Federal Acquisition Regulation (FAR) - July 9th, 2:00 pm - 3:00 pm ET

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In recent years, the U.S. government made sustainability a priority in its procurement practices. To accomplish this goal, the FAR Council published a new final rule, primarily addressing sustainability practices and...more

White & Case LLP

USTR Issues Details of the Proposed Section 301 China Tariff Increases, Seeking Public Input

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On May 22, 2024, the United States Trade Representative ("USTR") unveiled the details of the proposed increases in Section 301 tariffs on imports from China. If adopted, the action would raise tariffs on solar power products,...more

ArentFox Schiff

USTR Requests Comments on Proposed China Section 301 Tariff Modifications, Including Up to 100% Increases and a (Limited) New...

ArentFox Schiff on

Following last week’s long-awaited report on the statutory four-year review of the Section 301 tariffs, the Office of the United States Trade Representative (USTR) issued a Federal Register notice on the proposed...more

Husch Blackwell LLP

USTR Issues List of Proposed Section 301 Tariff Increases in Strategic Sectors, Invites Public Comment, Suggests Possible...

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On May 22, 2024, the U.S. Trade Representative released a draft Federal Register notice containing the list of imported goods for which it proposes to increase Section 301 duty rates. USTR also announced that it was...more

Torres Trade Law, PLLC

Trade Alert: USTR Announces Publication of Four-Year Review Report and Additional Tariffs on Chinese Products

Torres Trade Law, PLLC on

On May 14, 2024, the United States Trade Representative (“USTR”) announced the publication of its long-awaited report on the Four-Year Review of Actions Taken in the Section 301 Investigation: China’s Acts, Policies, and...more

Keating Muething & Klekamp PLL

Leto v. United States: How a Taxpayer’s Section 1202 Exclusion Could Have Been Saved

In Leto v. United States, the taxpayer reincorporated an S corporation business into a C corporation, then the taxpayer later sold the shares in the C corporation and tried to exclude the gain from such sale under section...more

Miles & Stockbridge P.C.

What Businesses Need to Know About Md.’s New Online Data Privacy Act

Maryland will soon have some of the strictest data protection and privacy requirements in the nation after the Maryland Online Data Privacy Act of 2024 (MODPA) was signed into law by Gov. Wes Moore last week....more

Freeman Law

Tax Court Decision Shows Potential Pitfalls when Claiming Settlements Qualify for Federal Income Tax Exclusion

Freeman Law on

A recent Tax Court case illustrates the importance under current case law of thinking about the tax consequences of a potential verdict or settlement early on and attempting (if the facts allow) to establish a basis for...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Utah Becomes Latest State to Ban Nondisclosure Clauses Regarding #MeToo Claims

Earlier this year, Utah joined the growing number of states to enact legislation to ban employers from requiring confidentiality clauses or agreements that block employees from speaking openly about sexual misconduct...more

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