Extension of Energy Related Tax Incentives Boosts Renewable Energy Industry

Congress signaled bipartisan support for renewable energy investment in the Taxpayer Certainty and Disaster Relief Act (the Act) of 2020, part of the Consolidated Appropriations Act, 2021. Stradley Ronan Associate Andreas N. Andrews (LAW’14) published an article in Tax Notes and hosted a webcast with the Co-Chair of Stradley Ronan’s Environmental Group, Andrew Levine, about this development.

Recent DOJ Action in the No-Poach Arena

The Department of Justice (DOJ) and the Federal Trade Commission (FTC) in 2016 published Antitrust Guidance for Human Resource Professionals warning of criminal remedies for those participating in illegal no-poach agreements. Recently, the DOJ and FTC made good on that promise by filing the first public criminal indictment alleging a conspiracy between companies in which they agreed not to poach each other’s employees. The DOJ and FTC warned they could take such actions when “naked” wage-fixing and no-poach agreements were per se illegal violations under the antitrust laws.

The Compliance Monthly: The Government’s Prioritization of Information Over Sanction

As part of Temple Law’s Faculty Spring Colloquium Series, Professor Veronica Root Martinez presented her paper: The Government’s Prioritization of Information Over Sanction: Implications for Compliance. Professor Martinez teaches at Notre Dame Law School and is also the Director of the Program on Ethics, Compliance & Inclusion.

Corporate Transparency Act and Implications for Entity Formation and Transaction Structures

The 116th United States Congress passed the National Defense Authorization Act for Fiscal Year 2021, which includes the Corporate Transparency Act (the CTA). The CTA seeks to provide appropriate safeguards to identify bad actors engaged in terrorism, money laundering, sex trafficking and other heinous acts through “shell companies” that are not actually engaged in a bona fide business venture but instead are created for the principal purpose of shielding the owners from liability for engaging in illicit behavior and, in many cases, their identities.

How Granting Cert in New Hampshire v. Massachusetts Could Impact Pennsylvania and Philadelphia

The U.S. Supreme Court is considering granting cert on a case that could impact Pennsylvania’s ability to collect income taxes from non-residents and the city of Philadelphia’s ability to continue to apply its “requirement of employment” rule for the city’s wage tax. The Court has asked the acting solicitor general to weigh in on New Hampshire v. Massachusetts, a case in which New Hampshire is challenging Massachusetts’ practice of taxing nonresidents who previously worked in-state but now work remotely from home in New Hampshire.

Dismissal of Chapter 11 Case Calls Into Question Bankruptcy Protections for Cannabis Companies

Despite a company’s claim that it deals only in legal hemp products, in January, a federal court denied the company’s access to relief under the Bankruptcy Code. U.S. Bankruptcy Court Judge Joseph Rosania, Jr., of the District of Colorado, dismissed United Cannabis Corporation’s (UCANN) Chapter 11 bankruptcy filing, a move that could cause concerns for cannabis companies that may be seeking bankruptcy relief, particularly in the midst of a global pandemic.

Killing the Golden Goose: The Declining Health of State Unclaimed Property Programs

States are becoming ever more zealous in their pursuit of unclaimed property as a way to secure steady and reliable funding for their budgets. Unclaimed property is thus a “golden goose” for state budgets. However, this aggressive pursuit—especially through private contractors compensated through a contingency fee—may kill the golden goose. This article offers a diagnosis and some suggestions for states’ treatment of unclaimed property.

Fate of Chain Restaurants: Spring of Hope or Winter of Despair

COVID-19 has undoubtedly impacted the restaurant industry. Many iconic chains have been forced to close their underperforming locations. Huge franchisees of these chains have also reorganized under Chapter 11. But there is still hope. With reduced competition, bidding wars and increased merger-and-acquisition activity of restaurant chains have developed