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IRS Guidance on COBRA Subsidy, Part III: Claiming the Premium Assistance Credit | Dickinson Wright

To embed, copy and paste the code into your website or blog: Under the American Rescue Plan Act of 2021 ("ARPA"), a 100% COBRA subsidy is available to qualified beneficiaries who lose coverage due to an involuntary termination of employment or reduction in hours.  The subsidy is available for the period of April 1, 2021 through September 30, 2021, if the individual is not eligible for other group health plan coverage or Medicare.  For more information, please refer to our prior Client Alerts ...
United States Dickinson Wright American Rescue Plan Act Client Alerts Assistance Eligible Assistance Eligible Individual

Ninth Circuit Restricts Scope of PAGA Claims in Federal Court and Clarifies California Wage Statement Requirements | Payne & Fears

To embed, copy and paste the code into your website or blog: On May 28, 2021, the Ninth Circuit Court of Appeals handed Walmart a groundbreaking win in a wage-and-hour class and California Labor Code Private Attorneys General Act (“PAGA") action.  Reversing a nearly $102 million verdict against Walmart, the Ninth Circuit held in Magadia v. Wal-Mart Associates, Inc., No. 19-16184, (1) that an employee does not have standing to bring a PAGA claim in federal court for a Labor Code violation th...
United States Roderick Magadia Wal Mart Associates Inc Circuit Court California Supreme Court Ninth Circuit Court

President Biden's Made in America Tax Plan Would Treat More Cross-border Transactions as Inversion Transactions | Dorsey & Whitney LLP

To embed, copy and paste the code into your website or blog: Generally, an “inversion” is a transaction in which a non-U.S. corporation directly or indirectly acquires substantially all of the properties held by a U.S. corporation or partnership, after which the former owners of that U.S. corporation or partnership are in control of the acquiring non-U.S. corporation. Inversion transactions can take many different forms.  Over the years, inversion transactions have continually drawn scruti...
United States Us Department Of Treasury Biden Administration Dorsey Whitney Code Section Treasury Regulations

Washington Steps Up Insurance Protections For Gender Affirming Treatments | Jackson Lewis P.C.

To embed, copy and paste the code into your website or blog: As some states make headlines for so-called “anti-trans” laws, the Washington state legislature rejected a bill designed to limit youth participation in sports based on their gender as assigned on a birth certificate and passed the new Gender Affirming Treatment Act.  This Act prohibits health insurers from denying or limiting coverage for gender affirming treatment when that care is prescribed to an individual based on a protec...
United States American Medical Association Health Care Authority Gender Affirming Treatment Gender Affirming Treatment Act Code Section

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Judge Dismisses Murder Charge Against California Mother After Stillbirth

Judge Dismisses Murder Charge Against California Mother After Stillbirth The woman, Chelsea Becker, had consumed methamphetamine beforehand, the authorities said. A California judge has dismissed a murder case against Chelsea Becker, who, the authorities said, delivered a stillborn child after consuming methamphetamine while pregnant.Credit...Hanford Police Department, via Associated Press Published May 20, 2021Updated May 21, 2021, 12:11 a.m. ET A California judge on Thursday dismissed a murde...
United States Kings County Xavier Becerra Chelsea Becker Philip Esbenshade Lynnm Paltrow

Accolades and apologies to Napa Valley Unified School District

To the NVUSD Board of Trustees, Dr. Rosanna Mucetti, and Dr. Barbara Nemko: I would like to apologize if what I said was misinterpreted in a negative connotation during my public comment at the April 22, 2021 NVUSD Board meeting regarding “not wanting to see my kids at Camille Creek or Valley Oak.” When I am referring to “my kids,” this is in reference to the over 500 children of Napa Valley, St. Helena and beyond that, I see yearly as a developmental optometrist. My patient...
United States Napa Valley Redwood Middle School Barbara Nemko Malcolm Gladwell Maria Cisneros

Hatch-Waxman Litigation Costs Both Capital Expenditures And Ordinary Business Expenses | Tarter Krinsky & Drogin LLP

Mylan Inc. & Subsidiaries v. Commissioner of Internal Revenue (U.S. Tax Court April 27, 2021) Under the Internal Revenue Code (“Code”) Section 162, ordinary and necessary business expenses are deductible, but Code Section 263 disallows a deduction for capital expenditures (“no deduction shall be allowed” for a capital expenditure). Capital expenditures must be capitalized and are generally recovered as depreciation or amortization deductions over a period of years. “Ordinary” expens...
Revenue Service Revenue Us Tax Court Tax Court Mylan Inc Internal Revenue Court April

Eighth Circuit Holds the Mayo in Tax Regulation Invalidity Case | McDermott Will & Emery

Kisor) always grab attention. The latest deference case in the tax area is Mayo Clinic In the Mayo Clinic case, the question was whether the taxpayer was a “qualified organization” exempted from paying unrelated business income tax (UBIT) on unrelated debt-financed income under Internal Revenue Code (Code) Section 514(c)(9)(C)(i). Answering this question required determining whether the taxpayer was an “educational organization which normally maintains a regular faculty and curriculum a...
United States Mayo Cliniccase Mcdermott Will Eighth Circuit Internal Revenue Mayo Clinic

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