ArticleState Law Regulating PBMs Not Pre-Empted By ERISAThe Supreme Court recently held that the Employee Retirement Income Security Act ("ERISA") does not preempt an Arkansas law regulating Pharmacy Benefit Managers ("PBMs").United StatesEmployment and HRHodgson Russ LLP
ArticleFirst Action Interview Program To Discontinue In The New YearThe United States Patent and Trademark Office ("USPTO") has announced that the First Action Interview Pilot Program ("Program") will end on January 15, 2021United StatesIntellectual PropertyHodgson Russ LLP
ArticleNew York Confirms Estimated Tax Payment Due June 15The Department's silence on the issue left many tax practitioners and taxpayers confused about what to pay and when to pay it.United StatesTaxHodgson Russ LLP
ArticleCourt Grants Partial Summary Judgment Dismissing Statutory PenaltiesThe US District Court of the Southern District of Texas recently granted partial summary judgment, dismissing penalties related to a failure to comply...United StatesEmployment and HRHodgson Russ LLP
ArticleSBA Provides Relief To Self-Employed Schedule C Filers And Relaxes PPP Eligibility Restrictions Stemming From Certain Convictions And Student Loan DefaultsIn a March 3, 2021 Interim Final Rule ("IFR"), the U.S. Small Business Association ("SBA") recognized that the definition of "payroll costs"...United StatesEmployment and HRHodgson Russ LLP
ArticleNew York DOH Extends Emergency Rules Requiring Hospitals And Nursing Homes To Maintain Sufficient Supplies Of PPEOn November 4, 2020, the New York State Department of Health (DOH) extended emergency rules requiring hospitals and nursing homes...United StatesFood, Drugs, Healthcare, Life SciencesHodgson Russ LLP
ArticleCircuit Court Holds Plan Entitled To Recoupment Of OverpaymentIn 2016, the Supreme Court held, in Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan, that Section 502(a)(3) of the Employee Retirement Income Security Act...United StatesEmployment and HRHodgson Russ LLP
ArticleEmployee Benefits Developments November 2020The Employee Benefits Practice is pleased to present the Employee Benefits Developments Newsletter for the month of November 2020.United StatesEmployment and HRHodgson Russ LLP
ArticleIRS Extends Contribution Deadline For Single-Employer Defined Benefit Retirement PlansThe IRS has issued Notice 2020-82 extending the deadline for contributions to single-employer defined benefit retirement plans as provided under Section 3608(a)(1) of the CARES Act.United StatesEmployment and HRHodgson Russ LLP
ArticleIRS Updates Safe Harbor Eligible Rollover Distribution NoticeThe most recent safe harbor notice was made available by the IRS in 2018.United StatesEmployment and HRHodgson Russ LLP
ArticleSchool District Employees Must Quarantine For 14 Days After Travel To A Designated StateBased on recent guidance issued by the New York Department of Health, school districts can no longer deem their employees "essential workers" for purposes of the travel restrictions.United StatesEmployment and HRHodgson Russ LLP
ArticleSECURE Act Update: DOL Publishes Proposed Rule On Registration Requirements For Pooled Plan ProvidersFor plan years beginning after December 31, 2020, the SECURE Act removes possible barriers to the broader use of multiple employer plans.United StatesEmployment and HRHodgson Russ LLP
ArticleIRS Recognizes The Issuance Of Erroneous Tax-Exempt Status Revocations Due To COVID-Related Computer IssueRecently, the Internal Revenue Service has acknowledged that a computer program issue caused the erroneous revocation of tax-exemption for thousands of nonprofits across the countryUnited StatesTaxHodgson Russ LLP
ArticleNew Tax Department Guidance On Digital Signatures In The COVID-19 EraAs taxpayers begin adjusting to these strange times, it seems the NYS Tax Department is trying to do the same. United StatesTaxHodgson Russ LLP
ArticleNew York Governor Extends Digital Signature AuthorizationNew York Governor Extends Digital Signature Authorization.United StatesTaxHodgson Russ LLP
ArticleDepartment Of Commerce Issues White Paper On E.U.-U.S. Data Transfers Following Schrems IIThe United States Department of Commerce issued recently a white paper addressing international data transfers pursuant to Standard Contractual Clauses (SCCs) following the Court...WorldwidePrivacyHodgson Russ LLP
ArticleIRS Clarifies Interaction Between Paycheck Protection Program And Employee Retention Tax Credit In M&A DealsUnder the CARES Act, an employer otherwise eligible for employee retention credits is denied such credits if it participates in a Paycheck Protection Program loan.United StatesCorporate/Commercial LawHodgson Russ LLP
ArticleIRS Clarifies Delayed PPP Forgiveness Filing Will Not Enhance Deduction Availability PositionWhile under the CARES Act, forgiveness of any portion of a Paycheck Protection Program ("PPP") loan is expressly excluded from federal income inclusionUnited StatesFinance and BankingHodgson Russ LLP
ArticleNew York State Goes Even Bigger On Offshore WindWhile further details of the awards are still to be rolled out, it is expected that contract negotiations between Equinor and NYSERDA will proceed apace this winter.United StatesEnergy and Natural ResourcesHodgson Russ LLP
ArticleDay Count Relief From The IRS: Is New York Listening?The COVID-19 crisis continues to throw off a variety of tax questions and issues that 60 days ago likely would have been unimaginable.United StatesTaxHodgson Russ LLP