Department of Labor Releases Employee Benefits and Cybersecurity Best Practices
On 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
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A Brief Legal Guide to Buying a Distressed Business
Earlier 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?
The 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
This 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
During 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
On 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
2020 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
HIPAA Compliance Considerations During the Pandemic
This article has been updated with new information since it was originally published on November 16, 2020.
As health care providers continue to face new challenges relating to the COVID-19 pandemic, it is important for providers to maintain compliance with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Although the Department of Health and Human Services Office for Civil Rights (“OCR”) has loosened some requirements to allow health care providers flexibility during the COVID-19 pandemic, a majority of the patient protections under the HIPAA Privacy Rule have remained intact. Read More ›
Categories: Compliance, Cybersecurity, Electronic Health Records, HIPAA
I Want Out: Dealing with Contracts in the Time of Corornavirus
In March 2020, we published an article about how the Coronavirus impacts your contracts and whether force majeure clauses could excuse non-performance. Since then, our attorneys have received a number of questions from clients related to the Coronavirus/Covid-19 and how our clients may address issues of performance, delivery, and payment when the Coronavirus impacts a company’s ability to complete its responsibilities under a contract.
As a country, we have seen the Olympics, music events, sporting events, Broadway performances, and many other events cancelled as a result of the Coronavirus. Many companies have struggled to address the cancellations without facing massive financial impact, but without proper prior planning, the last few months have been financially difficult. Read More ›
Categories: Contracts
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