The Taxpayer Certainty and Disaster Tax Relief Act, recently passed as part of the “Consolidated Appropriations Act, 2021,” has significantly extended the tax exclusions for.
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On December 21, 2020, Congress passed the Consolidated Appropriations Act, 2021 (CAA 2021). Similar to the March 2020 CARES Act, several temporary changes to the Bankruptcy Code are included in Title X of the CAA 2021. Below, we examine four of the CAA 2021’s most significant changes to consumer bankruptcy laws. These changes are temporary and will sunset either on December 27, 2021, or December 27, 2022.
Section 1001 of Title X of the CAA 2021 addresses bankruptcy relief, including: a temporary revision to the definition of “property of the estate” to exclude certain federal coronavirus relief payments; temporary revisions to Section 1328 to permit a discharge notwithstanding the debtor’s failure to make all required mortgage payments under a confirmed plan; protection against discrimination in the loss mitigation process with respect to a borrower’s current or former bankruptcy status; permission to file suppl
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2020 was a busy year for trademark litigation, with three U.S. Supreme Court decisions and several high-profile lower court cases involving trademark law. But many folks are understandably eager to put 2020 in the rearview mirror. So too does this article focus on the future, with the following examination of key trademark litigation trends to watch for in 2021.
Fallout From Fossil: Influx of Profits Awards?
The Supreme Court s recent decision in Romag Fasteners Inc. v. Fossil Group Inc.[1] held that an infringer s willfulness, while an important consideration, is not an absolute requirement for an award of profits for false advertising. A review of trial courts efforts to apply Romag shows that in the coming years, litigants can expect more robust litigation over the profits issue and, ultimately, more frequent awards of an infringer s profits.
2020 is in the rearview mirror. Whew! Unfortunately, COVID-19 is not gone and certainly not forgotten. The latest hot topic has been what to do with employees who think they should get.
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On December 28, 2020, New York passed a new law entitled the “COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020.” The act places a moratorium on COVID-19-related residential real property mortgage foreclosure actions and residential eviction proceedings until May 1, 2021, where a tenant or homeowner has submitted a “hardship declaration” to the foreclosing party, landlord, and/or the court. The act also places a stay on existing foreclosure actions or eviction proceedings for 60 days to give homeowners and renters an opportunity to declare hardship and gain protection from foreclosure or eviction until at least May 1, 2021. As detailed below, the act gives struggling homeowners and renters some breathing room while COVID-19 cases are at their peak, and it requires that notice will be given in the consumer’s preferred language.