Inflation Reduction Act
Employment Background Check Class-Action Litigation: Avoiding the Seemingly Minor Mistakes Fueling a Costly Wave of New Lawsuits
Federal courts, most notably the Ninth Circuit Court of Appeals, have recently taken an increasingly hyper-technical view of employer obligations under the Fair Credit Reporting Act (FCRA) in conducting applicant background checks, including criminal background checks. The result has been...
Secondary Market in UK Offshore Wind — Spinnakers Out
Article originally appeared on LexisNexis In the News The M&A secondary market for UK offshore wind assets is taking off. Despite the pandemic, 2020 saw significant transactions in the UK offshore wind market fill the pages of the financial press...
Scaling Platforms Needed in Africa
Originally published in Project Finance International, March 10, 2021 Introduction Africa is often touted as the land of opportunity for private equity. However, private equity players looking to deploy capital in the market require scale in order to achieve the...
Winter 2021 Edition, NABL Column Federal Securities Law
Article originally appeared in The Bond Buyer. Transition Former SEC Chairman Jay Clayton’s last day at the SEC was December 23, 2020. [1] Commissioner Elad L. Roisman was designated Acting Chairman by then President Trump on December 23, 2020, effective...
The Battle of the Bills Begins: Proposed Federal Data Privacy Legislation Aims to End Patchwork Problem But Increases Enforcement
After years of advocacy from both sides of the aisle and growing concerns about challenges created by state-based solutions, 2021 is poised to be a bellwether year for Congressional debate over federal data privacy regulation. On March 10th, Representative Suzan...
SEC Underscores ESG Disclosure and Compliance Priorities
Since announcing the creation of its Climate and ESG Task Force on March 4, 2021 , the Securities and Exchange Commission has continued to emphasize that environmental, social and governance (ESG) issues will take center stage disclosure and enforcement priorities...
Power Struggles: Maximizing Insurance Recoveries from Winter Storms
Record-breaking winter weather in Texas has had devastating impacts across the state, and challenges still remain. Millions of homes and businesses were without power, water, internet and other services, leaving employees unable to work and businesses unable to operate. Access...
HSR Notification Thresholds Decrease Slightly for 2021
The Federal Trade Commission (“FTC”) has announced the annual revisions to the Hart-Scott-Rodino Antitrust Improvements Act (“HSR Act”) thresholds, which will become effective on March 4, 2021. Pursuant to Section 7A(a)(2) of the Clayton Act, the FTC is required to...
What Labor Nominee Walsh Means for the Fiduciary Rule’s Future
On January 7, 2021, President-elect Joe Biden named Boston Mayor Martin Walsh as his nominee for Secretary of Labor. Walsh’s nomination raises questions for the future of the Labor Department’s (DOL’s) fiduciary rule , which regulates “investment advice fiduciaries” under...
Opposites Attract: How Oil & Gas and Renewables+Storage Are the Perfect Match
Article originally appeared in the November 2020 issues of Oil, Gas & Energy Law Intelligence (Vol. 18 - issue 6) I. Introduction As the world lives through a global pandemic, it is challenged inter alia with persistent blackouts and wildfires...
ESG Investing and Retirement Plans
Background As ESG (environmental, social and governance) investing recently has drawn the attention of governmental agencies that oversee the administration of qualified retirement plans and their trillions of dollars in assets. This is unsurprising given that focus and interest in...
Changes to Renewable and Carbon Capture Tax Credits under the Consolidated Appropriations Act, 2021
On December 22, 2020, the U.S. House and Senate approved the Consolidated Appropriations Act, 2021 (the 2021 Act) and, on December 27, 2020, President Trump signed the 2021 Act into law. The 2021 Act extends tax credits currently available for...
IRS and Treasury Department Release Final Regulations Regarding Like-Kind Exchanges
On November 23, 2020, the IRS and Treasury Department released final regulations (the Final Regulations) under Section 1031 of the Internal Revenue Code of 1986, as amended (the Code). Prior to the Tax Cuts and Jobs Act of 2017 (the...
IRS and Treasury Department Release Guidance on the Deductibility of Eligible Expenses under the Paycheck Protection Program
On November 18, 2020, the IRS and Treasury Department released Revenue Ruling 2020-27 (the Revenue Ruling) stating that, if a taxpayer received a PPP Loan (defined below) and paid or incurred Eligible Expenses (defined below), the taxpayer may not deduct...
2020 Post-Election Analysis: Issue by Issue
CONTENTS First 100 Days Committee Leadership in the 117th Congress Energy Environment Tax International Trade Consumer Product Safety Appropriations and Budget ________________________________________ FIRST 100 DAYS By Scott Segal and Liam Donovan As President-elect Biden stands poised to assume the...