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October 12, 2021
This week in Washington: Reconciliation delayed; short-term debt ceiling fix passed.
August 27, 2021
Despite the growing business case for diversity and pressure from institutional investors and others, companies are still struggling to make meaningful advancements on diversity.
May 21, 2021
To embed, copy and paste the code into your website or blog: The Small Business Administrations (SBA) Paycheck Protection Program (PPP) loan forgiveness data shows that more than 182,000 PPP loan forgiveness applications are currently "under review" by the SBA. A March 22, 2021 joint letter to SBAs Administrator, which was jointly written by all fifty state banking associations, confirms that lenders and borrowers are struggling with the significant uncertainty that is caused by SBAs delays in ...
April 28, 2021
The Postal Regulatory Commission (Commission) released its Financial Analysis, an examination of the U.S. Postal Service’s (USPS) financial results and 10-K Statements for Fiscal Year (FY) 2020. Despite an increase in Competitive products revenue, the Commission’s overall analysis supports the conclusion that the Postal Service is on a highly unstable financial path. Total net operating losses were $3.6 billion in FY 2020, continuing the trend of significant operational losses. When non-o...
April 16, 2021
[co-author: Madison Gaudreau] On April 14, 2021, the U.S. Senate confirmed the nomination of Gary Gensler as the 33rd Chair of the U.S. Securities and Exchange Commission (“SEC” or “Commission”).[1] This change will bring forth a Democratic majority at the SEC which, in turn, suggests that the Commission will change its current emphasis on capital formation to focus more on investor protection and the following other areas: rules required by the Dodd-Frank Wall Street Reform and Consume...
April 2, 2021
This Commentary is part of a series of nine Commentaries on the newly finalized Stark Law and Anti-Kickback Statute exceptions and safe harbors seeking to remove regulatory barriers to care coordination. In Short The Situation: The adoption of new technologies has been a hallmark of the health care industry in the twenty-first century. While these technologies have helped to improve both industry efficiency and patient outcomes, the growing use of technology also makes the industry increasing...
March 10, 2021
To embed, copy and paste the code into your website or blog: This memorandum outlines key considerations from White & Cases Public Company Advisory Practice for US public companies in preparation for the 2021 annual reporting and proxy season. Section I of this memo, which was previously published, described our key considerations for Annual Reports on Form 10-Ks, including housekeeping items and our top nine disclosure considerations for Form 10-Ks in 2021. Section II of this memo, below, desc...
March 4, 2021
To embed, copy and paste the code into your website or blog: Last week, President Biden’s comprehensive immigration reform proposal, the U.S. Citizenship Act of 2021, was introduced in the House and Senate. As officials in the administration initially reported, the provisions for the proposed legislation indeed include a pathway to citizenship for noncitizens physically present in the United States as of January 1, 2021 (including DACA holders), along with more protections for employment-base...
February 26, 2021
To embed, copy and paste the code into your website or blog: On December 28, 2020, former President Trump signed the Consolidated Appropriations Act. Over 5,000 pages in length, the legislation (referred to herein as the Economic Aid Act) included revisions and additions to the Paycheck Protection Program (PPP). The new PPP will: (1) accept PPP loan applications from eligible borrowers that did not receive a PPP loan under the earlier program (known as "First Draw Loans"); (2) permit qualifying...
February 22, 2021
To embed, copy and paste the code into your website or blog: On 2 December 2020, the U.S. Department of Health and Human Services’ (HHS) issued two Final Rules in conjunction with its “Regulatory Sprint to Coordinated Care,” which will markedly change the regulatory fraud and abuse landscape for “value-based” arrangements: The HHS Office of the Inspector General (OIG) published a Final Rule that introduces new safe harbor protections under the federal Anti-Kickback Statute (AKS) for c...