Features
NYC Law Providing Relief for Commercial Tenants Faces Constitutional Scrutiny
New York City Mayor Bill de Blasio delivered another striking blow to property owners when he signed into law N.Y.C. Council Int. No. 1932-A (2020) on May 26, 2020. The new legislation prohibits landlords from enforcing personal guaranties on certain commercial leases for defaults occurring between March 7, 2020 and Sept. 30, 2020.
Features
The SECURE and CARES Acts Change Required Minimum Distributions
A key aspect of saving for retirement through qualified retirement plans and IRAs is deferring taxes until required minimum distributions (RMD) begin. Even with Roth IRAs, beneficiaries who inherit them must also follow RMD rules despite the tax-free treatment of the distributions. The SECURE Act and the CARES Act made dramatic changes in RMD rules for 2020 and beyond.
Features
Is an 'Official Act' An Element of Public and Private Corruption?
This article discusses cases that have begun to address whether "official act" is an element in a private honest services fraud prosecution.
Features
Lessons from the Insider Trading Prohibition Act After Its Likely Demise In the Senate
For a moment there, it really looked like it was going to happen. After a long and winding road, insider trading reform had reached the floor of the House of Representatives for a vote. The Insider Trading Prohibition Act (ITPA) had support on both sides of the aisle and on Dec. 5, 2019, the House voted to pass the ITPA. Then the bill went to the Senate and vanished. We should take this opportunity to learn what lessons we can from the successes and failures of the ITPA as a bill with an eye toward fashioning the best possible legislation next time — whenever that may be.
Features
An Ounce of Prevention: Preparing for CARES Act Fraud Investigations
The government appears to be fulfilling its commitment to rooting out PPP fraud, even when the amount at issue falls below the $2 million threshold. No matter the size of the loan, a company that obtained PPP funds is not immune from a possible government investigation or audit. Borrowers have already started to submit loan forgiveness applications, and many more will be submitted in the weeks ahead, and both lenders and the government will be scouring these submissions for red flags.
Features
Recent Decisions Clarify Scope of Illinois Biometric Privacy Law
For users of biometric information subject to BIPA's rigorous requirements, the last two years have brought mostly bad news, most notably a smattering of unfavorable decisions on the question of whether plaintiffs must suffer an injury in order to avail themselves of BIPA. Against this backdrop, however, courts have issued decisions on other aspects of BIPA
Features
Agreement to Amend CA's AB5 Helps Music Industry
After over a year-and-a-half of lobbying efforts by the music industry and negotiations with lawmakers, it was recently announced that AB5 would be amended to accommodate musicians' unique niche in the California economy.
Features
Defending FCA Actions Related to Pandemic Programs
With the federal government appropriating more than $2 trillion for businesses affected by the COVID-19 pandemic, plaintiffs' lawyers, regulators and politicians have trumpeted the search for whistleblowers — many of whom will try to cash in on perceived fraud in the funding programs created by the CARES Act and other enactments.
Features
CARES Act Puts Inspectors General Back in the Spotlight
IGs have been part of the federal landscape for more than 40 years, so why all the fuss now? The answer is that they are a key element of the government's built-in mechanisms for protecting the nation's public treasury, and a relief package of this scope strongly indicates that the IGs and the new oversight bodies will spend many years scrutinizing funds spent under it.
Features
Prosecuting PPP Fraud May Be Harder Than It Seems
This article discusses what tools the government has for pursuing seemingly undeserving PPP borrowers, the obstacles to bringing such cases, and the factors that may influence the government's decision in pursuing criminal or civil cases.
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