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The Biden administration has drafted several tax proposals as part of its “Build Back Better” plan and among the most notable policy priorities include an increased tax responsibility for larger corporations. To alleviate this anticipated additional tax burden, leveraging their research and development (R&D) tax credits should be considered. However, the recently released tax proposals do not include any R&D-related changes or development details, posing an open question on the new administration’s plan for R&D investments.

The emergence of blockchain technology spurred substantial advantages across various industries. However, as it continues to gain momentum, antitrust authorities have noted several risk issues that it may bring, including its potential to enable collusion or exclude competition. These concerns have prompted the Department of Justice (DOJ) Antitrust Division to begin scrutinizing blockchain-based partnerships.

The Biden administration continues to navigate the US export controls and trade sanctions amidst the growing human rights concerns and national security issues. Recent developments that impact international transactions and require immediate attention involve goods, technology/software, and military intelligence focusing on China, Myanmar/Burma, and Russia.

The market potential of cannabis has been continuously expanding along with its growing legalization in the US.  With the rise of commercial opportunities, patenting activities in the cannabis industry also increased, posing new challenges to patent owners and applicants alike. One of the most significant issues surrounding cannabis patent is the assumption that early applicants received an overly broad scope of patents which might affect market flow and development in the long run.

Biden’s administration emphasizes multilateralism as its core principle in trade and security policy implementation. The recently released trade policy prioritizes areas including tariffs, work-centric trade policy, export controls, and economic sanctions. A new center of interest also rises with the inclusion of promoting social justice, and environmental and climate policy. While it also focuses on building partnerships and alliances, the administration still views China as a strategic competitor.

In this LIVE Webcast, a panel of thought leaders and professionals brought together by The Knowledge Group will provide and present an in-depth analysis of the fundamentals as well as recent developments in The SEC’s Enforcement Actions and Investigations: Managing Compliance Risks. Speakers will also present all important issues surrounding this significant topic. Join us for this Knowledge Group Webinar!

In the class certification stage, plaintiffs bear an evidentiary burden to satisfy Rule 23 of the Federal Rules of Civil Procedure. District courts are also required to consider all probative evidence regardless of overlaps or other merit issues, especially with the inclusion of unharmed class members. Recent decisions released by the Supreme Court in Goldman Sachs and TransUnion clearly define this mandate.

The current global health crisis brought by COVID-19 continues to radically modify important economic activities across the world. In response to the pandemic, the representations and warranties (R&W) insurance landscape has also started to witness notable developments, specifically in relation with COVID-19-related exclusions and due diligence expectations.

Uncertainties in today’s business landscape are presenting a host of risk issues to supply chains around the world. The COVID-19 pandemic, which resulted in paralyzed business operations and significant revenue losses, is one proof of how vulnerable and fragile supply chains are to disruptions. This magnifies the need for companies to reassess their service supply chain and ensure that it is prepared for any interruption.

The work-from-home setup has rapidly become a trend after businesses started shutting down due to the pandemic. Although this setup can be helpful, it presents unique challenges which employers need to face, particularly in the field of wage and hour law. Typical issues several businesses are struggling with, include claims of unpaid wages, timekeeping inaccuracies, and employee misclassification.

Along with the digitization of many business processes, companies need to address the various cyber threats today’s landscape presents. If not properly managed, these cyber risks could lead to significant IT outages, eventually crippling business operations. As ransomware – and other cyberattacks – become more sophisticated, it further underscores the need for security teams to advance their vulnerability management programs to ensure that any susceptibility to cyberattacks is proactively detected and repaired, and their data storage systems are secure and impenetrable.

Broker-dealer regulations remain to be evolving and challenging. Scrutiny of anti-money laundering (AML) programs continues to be a top priority, as the U.S. Securities and Exchange Commission (SEC) and the Financial Industry Regulatory Authority (FINRA) bring significant AML-related enforcement actions against member firms. Other challenges that confront legal and compliance practitioners include the intensified standard of conduct rules governing investment recommendations to retail clients and the emerging forms of trading platforms.

The lost profit damages litigation landscape unceasingly shifts as emerging trends and court rulings continue to reshape the current paradigm. Notably, the economic disruption brought by the COVID-19 pandemic further complicates the calculation of damages, particularly for claims involving breach of contract or business interruption insurance.

The Consumer Financial Protection Bureau (CFPB) enforcement landscape has been continuously reshaped by significant rule changes and regulatory developments. Among the latest issues, which the financial services industry needs to be aware of, include consumer protection concerns related to COVID-19 and CFPB’s anticipated rules relating to default mortgage servicing. Both are expected to bring more complexity and compliance challenges to financial institutions.

Short-term disability (STD) and long-term disability (LTD) insurance plans are a crucial part of employee benefits. With the onset of the COVID-19 pandemic, the number of these disability claims has relatively spiked along with pandemic- and mental health-related disabilities. However, employers and plan sponsors grappled with assessing the eligibility of such claims. It has also heightened the risk for potential litigation.