Monthly Archives: January 2021

ILN Today Post

Howard & Howard Names Class of 2021 Shareholders

ROYAL OAK, Mich., January 19, 2021 – Following the end of a uniquely challenging year, our commitment to our clients, the firm, and each other has remained of utmost importance. As such, Howard & Howard is pleased to recognize a group of attorneys who have exemplified that commitment through and through—the 2021 class of shareholders. “We are delighted to welcome this group of exceptionally talented young attorneys to our partnership and the next level of their careers,” said Mark A. Davis, president and CEO. “Our new partners practice in a wide range of areas and share our firm’s commitment to helping our clients succeed.”

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What’s in President-Elect Biden’s COVID-19 American Rescue Plan?

On January 14, 2021, President-elect Joe Biden released his $1.9 trillion emergency stimulus plan, designed primarily to guide the country through the next medical and economic stages of the COVID-19 pandemic.  The American Rescue Plan (“ARP”) also includes non-COVID-19 related proposals, such as a mandatory $15 per hour minimum wage and funding to improve cybersecurity.

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ILN Today Post

CMS clarifies Medicare remote patient monitoring standards

In the January 19 Federal Register, the Centers for Medicare & Medicaid Services (CMS) clarified the scope of services that are counted in determining whether minimum time requirements are satisfied under remote patient monitoring (RPM) treatment management billing codes.   Read more…

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ILN Today Post

Finally some good news for Ohio employers: Ohio Employment Law Uniformity Act

On January 12, Governor Mike DeWine signed into law the Ohio Employment Law Uniformity Act, HB 352 (Uniformity Act). This was good news for employers as the new law simplifies and clarifies Ohio’s civil rights anti-discrimination laws by:

  • Shortening the statute of limitations from six years to two years for workplace discrimination claims
  • Requiring exhaustion of administrative remedies prior to bringing a lawsuit
  • Excluding potential liability for supervisors, but allowing suits against supervisors who acted outside their scope of employment to discriminate or retaliate
  • Prescribes for employers, an affirmative defense to vicarious liability resulting from alleged sexual harassment of an employee by the employee’s supervisor
  • Simplifying age discrimination law by reducing the number of such claims available under the Ohio Civil Rights Law (formerly there were three types of claims with separate remedies and statues of limitations, now there is only one)
  • Preventing the simultaneous filing of administrative and civil claims Read more…
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ILN Today Post

WEEKDAY UPDATE: MORATORIUMS ON EVICTIONS AND DISTRAINT PROCEEDINGS AGAINST COMMERCIAL TENANTS

In a bid to assist commercial tenants, there are currently two moratoria in place on the exercise of eviction and distress rights against commercial tenants, one which relates to the now defunct Canada Emergency Commercial Rent Assistance (“CECRA“) program and the other which is tied to the Canada Emergency Rent Subsidy (“CERS“) program. A summary of each is contained below:

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First Reported FCA CARES Act Settlement Announced

The Department of Justice (DOJ) announced on January 12, 2021, the first civil settlement to resolve allegations of fraud against the Paycheck Protection Program (PPP) of the Coronavirus Aid, Relief, and Economic Security (CARES) Act.[1] SlideBelts Inc. and its president and CEO, Brigham Taylor, have agreed to pay the United States a combined $100,000 in damages and penalties for alleged violations of the False Claims Act (FCA) and the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA).[2]

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ILN Today Post

Change of Plans: Planning for the Biden Presidency and Potential Customs Transfer Pricing Opportunities During a Pandemic

As January 20, 2021 approaches and the advent of a new president and presidency emerges, what can we expect from a Biden administration and its Customs and Border Protection (“CBP” or “Customs”) Transfer Pricing policy? What opportunities are available for global companies to manage and make retrospective inter-company Transfer Pricing adjustments? Different customs options and opportunities exist depending upon each companies’ analysis and needs. Read more…

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ILN Today Post

2020 Year End Review: CFIUS Regulations & Export Controls Impacting CFIUS Scrutiny

In 2020, the U.S. Department of the Treasury (“Treasury”) issued several final regulations to implement the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”), which as readers will recall expanded the jurisdiction of the Committee on Foreign Investment in the United States (“CFIUS”) to review and take action to address national security concerns arising from certain investments and real estate transactions involving foreign persons. Read more…

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ILN Today Post

U.S. Government Imposes Additional Export Controls on China Trade

Towards the end of its term, the Trump Administration continues to strengthen regulation of trade with China, even when it means leaving implementation of the new controls to the Biden Administration.

For companies doing business in and with China, the increased export controls and economic sanctions – a recent executive order prohibiting transactions with popular Chinese mobile payment apps, a new ‘Military End Use’ list that tightens export licensing for designated items, and a ban on securities investments in Chinese military entities – call for enhanced due diligence to ensure compliance. Read more…

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California Supreme Court Concludes That Dynamex Applies Retroactively

As we have previously written here, the California Supreme Court’s 2018 decision in Dynamex Operations West, Inc. v. Superior Court dramatically changed the standard for determining whether workers in California were properly classified as independent contractors, creating a new “ABC” test that has subsequently been codified as AB 5. A significant question left open was whether Dynamex would apply retroactively.

In Vasquez v. Jan-Pro Franchising International, Inc., the California Supreme Court has concluded that Dynamex indeed applies retroactively.  Rejecting an argument that the “ABC” test created new law and therefore should not be applied retroactively, the California Supreme Court determined that the decision did nothing more than provide an authoritative definition of what it means to “suffer or permit to work.”

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