Calculating and Paying Net Investment Income Excise Tax: A Primer for Private Foundations

As the extended 990-PF filing deadline draws near, private foundations operating on a calendar year accounting period should take note. It is imperative that the leaders of such foundations verify that they have complied with the 1.39% net investment income excise tax. Moreover, this should be accurately accounted for on the foundation’s 2022 tax return….

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SEC Proposes Rules to Address AI-Driven Conflicts of Interest in Broker-Dealer and Adviser Practices

On July 26, 2023, the Securities and Exchange Commission (SEC) announced its proposed rules targeted at eliminating potential conflicts of interest among broker-dealers and investment advisors in their interactions with investors through the use of predictive data analytics (PDA) or artificial intelligence (AI). These rules fall under the Securities Exchange Act of 1934 and the…

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Supreme Court Decisions on Affirmative Action Could Impact SBA’s 8(a) Program for Small Businesses

The U.S. Small Business Administration’s 8(a) Business Development Program, used to aid small businesses in competing in the American economy and accessing the federal procurement market, could be impacted by recent U.S. Supreme Court decisions. The rulings pertaining to affirmative action programs in higher education admissions could have profound implications for racially conscious programs in…

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Record Foreign Investment Scrutiny: 8 Key Takeaways from the CFIUS 2022 Annual Report

The 2022 Annual Report from the Committee on Foreign Investment in the United States (CFIUS) disclosed crucial information about the year’s foreign investment trends. Here are eight crucial takeaways from the report: The Committee reviewed a record number of filings in 2022. This indicates an upward trend in foreign investment activity in the United States….

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USCIS Streamlines Employment Immigration Process with Form 9089 Update

The United States Citizenship and Immigration Services (USCIS) has recently made a crucial update in the submission requirements for the Form 9089 Application for Permanent Employment Certification. This revision particularly targets Schedule A and National Interest Waiver I-140 petitions. The modification requires petitioners to submit specific portions of the form, thus standardizing the procedure and…

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State Regulators Ramp Up Enforcement of Privacy Laws: Compliance Crucial for Businesses

Legal professionals and corporate officers are being called to pay close attention as state regulators intensify enforcement of new privacy laws, a trend demonstrated by recent events in California and Colorado. The state regulators in these locations recently announced enforcement sweeps under privacy legislations that are either new or have been recently amended. State privacy…

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Fed Governor Bowman Addresses Community Concerns in Evolving Financial Regulatory Landscape

In Tuesday’s financial regulatory news, Federal Reserve Governor Michelle W. Bowman imparted a significant speech at the “Fed Listens: Community Listening Session.” The event, hosted by the Federal Reserve Bank of Atlanta, allowed stakeholders and community members to engage with key financial policy-makers and regulators. As part of her engagement, Governor Bowman’s discourse was analyzed…

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Dentons Terminates Dacheng Partnership Amid China’s Intensifying Regulatory Environment

In a significant development, Dentons, one of the world’s largest law firms, has terminated its combination with Dacheng Law Offices in China. The unprecedented move comes amidst an increasingly strict regulatory environment in China that includes novel mandates and requirements for data privacy, cybersecurity, governance, and capital control. According to reports, shifts in policy have…

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Illinois Expands Family Bereavement Leave Act with Child Extended Bereavement Leave Act

The state of Illinois has recently enacted a new law that enhances the provisions of the Family Bereavement Leave Act by providing extended child bereavement leave. This legislation, referred to as the Child Extended Bereavement Leave Act (CEBLA), is intended to provide relief to employees experiencing child loss due to horrific circumstances such as homicide…

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AI Adoption Outpaces Risk Management: Navigating Legal and Ethical Challenges in Business Operations

A new report from McKinsey & Company reveals that many businesses have embraced the use of AI tools with minimal anticipation of potential risks these advanced technologies might present. This revelation suggests a significant lack in strategic measures to mitigate potential legal and ethical challenges that might arise from the application of AI tools in…

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Navigating the Shifts in Consumer Protection: A Comprehensive Analysis of Recent CFPB and FTC Developments

This month’s issue of the Wiley Consumer Protection Download, dated August 7, 2023, offers an invaluable update on recent developments in consumer protection at the Consumer Financial Protection Bureau (CFPB) and the Federal Trade Commission (FTC). The comprehensive update, which is put together by industry-respected Wiley Rein LLP, can be found at JD Supra. Wiley’s…

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Navigating Ag-Gag Laws: Essential Guide for Legal Professionals in US Agriculture and Animal Production

A detailed understanding of Ag-Gag legislation, especially for legal professionals working with agricultural and animal production industries in the United States is vital. This legislation, enacted in several states, aims to provide lawful protection to these industries from unauthorized interferences. The legality of these laws, however, continues to remain a point of contention. The legislation,…

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New Jersey’s Service Worker Retention Law: A Step Towards Enhanced Job Security in the Service Sector

In a move to increase protections for service sector workers, New Jersey’s Governor Phil Murphy signed into law a piece of legislation known as the “Service Worker Retention Law” (S2389/A4682) on July 24. This step has garnered considerable attention, especially among large corporations and law firms hiring extensively in the services sector. The bill’s mandate…

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Rise in EBITDA-Based Metrics Revolutionizes Earnout Payments in Mergers and Acquisitions

There has been a remarkable change in the metrics used to calculate earnout payments in recent years. According to analysis of the Goodwin Private Equity Deals Database, there’s a shift towards the use of EBITDA (Earnings Before Interest, Taxes, Depreciation, and Amortization) as a crucial determinant. The analysis indicates that EBITDA became almost as prevalent…

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