Document(s) published by this organization: 34
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|Internal Revenue Service finds Contracts protecting against Foreign Currency Fluctuations not to be Insurance|
Christopher M. Flanagan, Rebecca Melaas; Edwards Wildman Palmer LLP;
March 25, 2015, previously published on March 23, 2015Companies looking to establish insurance coverage, especially in situations involving a captive type of arrangement, will, as always, need to focus on the qualification of the coverage as insurance for U.S. federal income tax purposes. While this traditionally involves an analysis of the risk...
|CMS Announces New Next Generation ACO Model|
Michaela ("Kayla") Tabela; Edwards Wildman Palmer LLP;
March 25, 2015, previously published on March 20, 2015On March 10, 2015, the Centers for Medicare & Medicaid Services (“CMS”) announced a new Next Generation ACO Model for Medicare accountable care organizations or “ACOs.” This proposal further expands the shared risk models already established under the Medicare Shared...
|IRS Provides Interim Guidance as to Private Business Use and Accountable Care Organizations and Expands Safe-Harbors for Qualified Management Contracts|
Joe E. Forrester, Christie Lombard Martin, Antonio D. Martini; Edwards Wildman Palmer LLP;
February 17, 2015, previously published on November 2014On October 24, 2014, the IRS published Notice 2014-67 (the “Notice”) which provides interim guidance for determining whether a State or local government entity or 501(c)(3) organization that benefits from tax-exempt bond financing will be considered to have private business use of its...
|Effective July 1, 2015, Massachusetts Employers Are Required to Provide Earned Sick Leave to Employees|
Gary J. Lieberman, Jonathan R. Shank; Edwards Wildman Palmer LLP;
February 5, 2015, previously published on November 6, 2014On Tuesday, November 4, 2014, voters passed a ballot measure making Massachusetts the third state in the country requiring employers to provide earned sick leave to employees. Beginning on July 1, 2015, Massachusetts employers must allow employees to earn and accrue up to 40 hours of sick leave per...
|Penalty Clauses: No One is Immune|
Harry Calkin, Alex Radcliffe; Edwards Wildman Palmer LLP;
January 22, 2015, previously published on November 4, 2014All too often parties amending a term of a contract will give insufficient consideration to how the amended term will interact with the remainder of the contract. Where the contract contains a liquidated damages clause, parties must be alive to the fact that the amendments may lead to a change in...
|EU Council of Ministers Makes Progress on the Processing of Data in the Public Sector and the Creation of a “One-Stop-Shop” Mechanism for Resolving Cross-Border Data Protection Complaints|
Sarah Pearce; Edwards Wildman Palmer LLP;
January 10, 2015, previously published on December 10, 2014The EU Council of Ministers made progress on 4 December 2014 on the draft Data Protection Regulation (the “Regulation”), agreeing a partial general approach on data processing in the public sector. This would allow for some flexibility in the application of the Regulation by each Member...
|Supreme Court To Decide Whether Employers Are Required To Provide Accommodations To Pregnant Employees|
Todd M. Reed, Jonathan R. Shank; Edwards Wildman Palmer LLP;
January 10, 2015, previously published on December 4, 2014On December 3, 2014, the United States Supreme Court heard oral argument in Young v. United Parcel Service, Inc., a case that will determine whether employers must provide pregnant employees with workplace accommodations, such as light duty work, under the Pregnancy Discrimination Act (PDA). The...
|Suing Bribing Competitors: Jalal Bezee Mejel Al-Gaood v Innospec Ltd|
James Maton; Edwards Wildman Palmer LLP;
January 10, 2015, previously published on December 3, 2014Company A and B are competing to win a contract from a customer. Company A pays a bribe to win the contract. Does company B have a claim against company A in English law? That has been considered in the case of Jalal Bezee Mejel Al-Gaood v Innospec Ltd. The Court effectively confirmed that such a...
|EU: Article 29 Working Party Publishes Guidance Stating that the ‘Right to Be Forgotten’ Applies to .Com Domains|
Annie Clarke, Sarah Pearce; Edwards Wildman Palmer LLP;
January 10, 2015, previously published on December 8, 2014We commented on the ‘right to be forgotten’ judgment in Google Spain SL, Google Inc. v Agencia Española de Protección de Datos in May earlier this year. The ruling granted data subjects the right to request search engines to remove links appearing in search results based...
|SBA’s Final Rule Permitting SBICs to Invest in Double Holding Companies is Now in Effect|
Christopher J. Douglass, Alan B. Roth, Michael R. Wilson; Edwards Wildman Palmer LLP;
January 10, 2015, previously published on December 5, 2014The U.S. Small Business Administration’s (“SBA”) final rule to revise the Small Business Investment Company (“SBIC”) regulations regarding investments in passive businesses and the use of double holding companies in structuring SBIC investments went into effect as of...