News

Business Restructuring Review | May–June 2021

By EsqSocial Corporation 27/05/21

In This Issue: First Impressions: Third Circuit Scuttles Triangular Setoff in Bankruptcy - In In re Orexigen Therapeutics, Inc., 990 F.3d 748 (3d Cir. 2021), the U.S.

Split-Dollar Life Insurance Arrangements and the Tax Code

By EsqSocial Corporation 27/05/21

A recent Tax Court decision in De Los Santos v. Commissioner illustrates the complexity of split-dollar life insurance arrangements.

Ninth Circuit Rules False Claims Act Suit Involving Off-Label Use of Medical Devices

By EsqSocial Corporation 27/05/21

The United States Court of Appeals for the Ninth Circuit recently considered an Order of the Central District of California dismissing a qui tam False Claims Act (FCA) suit against a medical device manufacturer based on allegations that it: (1) marketed devices used in spinal fusion surgeries for

IRS Guidance on COBRA Subsidy, Part II: Determining Assistance Eligible Individuals and Dealing with the Extended Election Period

By EsqSocial Corporation 27/05/21

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 from April 1, 2021 through September 30, 2021, for individuals not e

It’s a wave of PEPs, but is it a wave of assets?

By EsqSocial Corporation 27/05/21

With January 1st past us, we knew that many plan providers were going to launch Pooled Employer Plans (PEPs). I know, because I helped launch four and still in the process of converting two multiple employer plans (MEPs) into PEPs....

Following Colonial Pipeline Ransomware Attack, Oil and Natural Gas Companies Must Prepare for New Regulations and Added Scrutiny of Cybersecurity Programs

By EsqSocial Corporation 27/05/21

The May 7, 2021, ransomware attack against Colonial Pipeline may be a turning point in the way the United States thinks about cybersecurity.

PTO Rules Not Subject to the Paperwork Reduction Act

By EsqSocial Corporation 27/05/21

The US Court of Appeals for the Ninth Circuit concluded that certain challenged rules of the US Patent and Trademark Office (PTO) that relate to the patent application process do not violate the Paperwork Reduction Act (PRA) because each called for a response to an individualized communication; a

Adjusting for Litigation Expenses in a Non-GAAP Financial Measure

By EsqSocial Corporation 27/05/21

It should come as no surprise to readers of our blog that public companies often expend significant resources each year on managing litigation matters.

Non-Russian Online Businesses May Be Forced to Open Offices in Russia and Submit to Russian Jurisdiction

By EsqSocial Corporation 27/05/21

Draft law “On Activities of Foreign Companies in the Internet in the Territory of the Russian Federation,” introduced to the State Duma, a lower chamber of the Russian parliament, on May 21, 2021, aims to extend Russian jurisdiction to certain non-Russian internet businesses by requiring them to

Global Accountants’ Liability Update – May 2021

By EsqSocial Corporation 27/05/21

Court of Appeal rules in favor of accounting firm in breach of contract claim - The Court of Appeal has rejected a claim from a California-based businessman that a global accounting firm failed to ensure that its employees acted with reasonable skill and care when acting as trustees in bankrupt

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