The IRS has extended the plan amendment deadlines for all changes under the CARES Act, Miners Act, and SECURE Act to a single date.
Extended CARES and SECURE Act Plan Amendment Deadline /
| 09.29.2022 |
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| 09.27.2022 |
When the value of a company’s equity has declined since the issuance of stock options, causing the options to be considered underwater, and the options no longer provide the intended incentive, companies often consider repricing the options. Repricing may be an effective way to reinvigorate the intended incentive, but companies considering this strategy should be aware of the complex technical considerations involved in repricing. |
| 09.21.2022 |
In October 2021, Deputy Attorney General (DAG) Lisa Monaco announced new policies that addressed the Department of Justice’s (DOJ) corporate criminal enforcement efforts. The revised policies presented a tougher DOJ approach to white collar and corporate crime, placing more weight on a corporation’s criminal history and its disclosure of persons involved in criminal conduct, and announcing the use of monitorships to ensure corporate compliance. This guidance from Main Justice encouraged FBI investigators and U.S. Attorneys to step up prosecution efforts on individual corporate actors, including those in the c-suite. |
| 09.08.2022 |
A series of recent criminal prosecutions stemming from workplace fatalities in connection with OSHA’s worker safety laws underscore the Justice Department’s willingness to charge OSH Act crimes, even in the absence of other Title 18 offenses or other criminal charges. |
| 09.02.2022 |
The Attorney General (AG) for California just settled a California Consumer Privacy Act (CCPA) enforcement case against Sephora for $1.2 million. While Sephora denies liability in the settlement, the outcome of this settlement should send shivers down most companies’ spines who may engage in some of the same conduct that landed Sephora in trouble. Read below for some of the major takeaways from this landmark decision. |
| 09.02.2022 |
Have you heard of Missouri House Bill 1662 (H.B. 1662)? |
| 08.30.2022 |
Spencer Fane attorney Dan Nelson recently spoke with KSHB investigator and reporter Cameron Taylor about the steps Jackson County prosecutors may be taking as they review the deadly Kansas City, Missouri, firetruck crash from December 2021. |
| 08.23.2022 |
First came the whistleblowers’ letter from Colorado state agency staff to the Environmental Protection Agency’s (EPA) Office of the Inspector General (OIG). The EPA’s OIG referred the matter to EPA’s Region 8 office for review. Then came the Troutman Report requisitioned by the Colorado Attorney General. |
| 08.11.2022 |
The IRS issued Notice 2022-33, extending plan amendment deadlines for up to three years with respect to certain provisions of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the Bipartisan American Miners Act of 2019 (the Miners Act), and the Setting Every Community Up for Retirement Enhancement Act of 2019 (SECURE Act). |
| 08.10.2022 |
On August 10, 2022, major changes in Colorado law go into effect for restrictive employment covenants, i.e., covenants not to compete (non-competition covenants) and covenants not to solicit customers of an employee’s former employer (non-solicitation covenants). For many years, Colorado has limited non-competition covenants by statute, Colorado Revised Statutes §8-2-113, which prohibits non-competition covenants with specified exceptions, including when they are part of a contract for sale of a business. The most frequent and heavily litigated exception in the old law permitted an employer to require non-competition covenants for executive and management personnel, and for officers and employees who constitute professional staff to such personnel. Courts and parties frequently wrestled with the question whether an employee had been an “executive” or “management” personnel of the former employer. |