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Cybersecurity Impact on Small Businesses in Wake of Colonial Pipeline

In the wake of the Colonial Pipeline ransomware attack, cyber attacks such as ransomware and phishing continue to be a major threat for all businesses, large or small. Even with precautions in place, it is not a matter of "if" but "when" a business will experience an attack. In the case of Colonial Pipeline, the hackers not only demanded and received millions from Colonial Pipeline in May 2021, but the resulting ransomware attack forced the company into a fuel distribution shutdown, making headlines across the country and causing gas shortages on the east coast. The attack also compromised thousands of individuals' personal information.  Read More ›

Categories: Cybersecurity, Did you Know?, News, Technology

IRS Makes it Easier to Correct Certain Retirement Plan Compliance Issues

Older Couple Looking at Retirement PlanOn July 16, 2021, the IRS issued Revenue Procedure 2021-30, an updated version of the Employee Plans Compliance Resolution System (“EPCRS”). Retirement plan sponsors may use EPCRS to correct certain compliance mistakes, and avoid the adverse tax consequences associated with plan disqualification.

We have provided a summary of the changes below. Read More ›

Categories: Employee Benefits, Retirement

Department of Labor Releases Employee Benefits and Cybersecurity Best Practices

IT manOn April 14, 2021, the U.S. Department of Labor’s (“DOL’s”) Employee Benefits Security Administration (“EBSA”) issued its first cybersecurity best practices guidance for retirement plans. The EBSA guidance has been highly anticipated as the frequency and cost of data breaches affecting employee benefit plans continues to rise. The EBSA guidance focuses on actions that plan sponsors, plan fiduciaries, record-keepers, and plan participants can take. Read More ›

Categories: Cybersecurity, Department of Labor, Employee Benefits

A Brief Legal Guide to Buying a Distressed Business

Business MovingEarlier in the pandemic, our team identified the economic crisis caused by COVID-19 as a growth opportunity for businesses with the vision and the resources to take advantage. One such opportunity is the chance to diversify or grow by acquiring distressed competitors, suppliers, or customers. Read More ›

Categories: Chapter 11, Contracts, Mergers & Acquisitions

Do I Need a Private Placement Memorandum to Raise Investment Capital?

Handing Over CheckThe short answer is that it depends, but it is usually advisable and sometimes required. Let’s dig deeper.

Initially, let’s discuss what a PPM is. A PPM is a document that discloses information regarding the company that is seeking to raise investment capital. In some ways, it is like a business plan, but with detailed additions for investment risk factors, securities law provisions, and the proposed terms of investment. PPMs go by a variety of names – including confidential information memorandums (CIMs) and offering memorandums. Read More ›

Categories: Crowdfunding, Tax, Venture Capital/Funding

Women Owned Small Business Certification Program - Part Two: Certification and Benefits

Certification ReviewThis is the second part in a series discussing the Women Owned Small Business (“WOSB”) certification program with the U.S. Small Business Administration (“SBA”). Part One  summarizes the eligibility requirements.

This post, Part Two, briefly reviews the certification process and the benefits of certification. Read More ›

Categories: Compliance, Did you Know?

2021 Arrives with Additional Flexibility for Flexible Spending Accounts

FSA ChecklistDuring 2020, a number of newly enacted laws created flexibility for various employee benefit plans. Please see Foster Swift’s publications on this topic here. The Consolidated Appropriations Act of 2021 (the “Act”), which was signed into law on December 27, 2020, provides additional flexibility for Health Flexible Spending Accounts (“Health FSAs”) and Dependent Care Assistance Plans (“DCAPs”), specifically. Read More ›

Categories: Employee Benefits

Maryland’s Digital Ad Tax: The Next Frontier in State and Local Taxation

Digital Kickstarter AdvertisementOn Friday February 12, the Maryland State Senate voted to override Maryland’s governor to pass a bill creating a tax on annual gross revenues derived from digital advertising services in Maryland. Maryland’s digital advertising tax is the first of its kind in the United States. Read More ›

Categories: Sales Tax, Tax, Tax Disputes

Women Owned Small Business Certification Program - Part One: Requirements

Business Owners2020 brought uncertainty to the world and, for many businesses, financial instability. In addition, 2020 brought inequities and disparities in our society to the forefront. To address both of these issues, many businesses are striving to achieve increased diversity in the workplace, while simultaneously seeking additional opportunities to secure financial opportunities. Read More ›

Categories: Did you Know?

Virtual Panel: TikTok, WeChat & More: Talking Tech and IP in The U.S. & China

The ​U.S. and China compete for global dominance in the areas of tech and innovation; however, in an era of global firms and global citizens they must also learn to cooperate. Read More ›

Categories: Compliance, Intellectual Property, Technology