As the UK Government has recognized, cyber incidents—such as Jaguar Land Rover, Marks and Spencer, Royal Mail and the British Library—are costing UK businesses billions annually and causing severe disruption. The Government recognizes that cybersecurity is a critical enabler of economic growth (“we cannot have growth without stability”), and that the current laws have “fallen out of date and are insufficient to tackle the cyber threats faced by the UK.” Accordingly the UK Government this week published its long-awaited Cyber … Read the rest
Tasmanian Family Provision Claims
In Tasmania, the Testator’s Family Maintenance Act 1912 provides that specific family members can make a “family provision claim” from the estate if the deceased lived in and owned real estate in Tasmania at the date of death, the applicant believes the deceased’s Will does not adequately provide for their proper maintenance and support. Typically, the applicant must submit a claim within three months following the grant of probate.
An application for provision out of the … Read the rest
Background
The Alternate Minimum Tax (“AMT”) has its genesis in the Minimum Alternate Tax (“MAT”), which was introduced to ensure that taxes were paid by even those companies that intended to avoid payment of taxes by engaging in ingenuous tax planning methods despite having earned significant amount of book profits. These companies, called “zero-tax companies”, while reporting significant book profits, paid minimal or no income tax by leveraging various exemptions and deductions available under the Income … Read the rest
Inspectors with the Food and Drug Administration are tracking a new outbreak of infections from Listeria monocytogenes.
So far there are three confirmed patients. The FDA has not reported the ages of the patients or where they live.
There are likely many more sick people than have been confirmed. The Centers for Disease Control and Prevention reports that for every patient confirmed in a Salmonella outbreak there are 29 patients who go undetected. This is because some patients do not … Read the rest
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Monday’s argument in CC/Devas (Mauritius) Limited v. Antrix Corp. was an odd one: The justices asked no questions at all about the question on which they’d granted review, because the parties agree that the lower court’s answer to that question was incorrect. So almost all of the discussion at the argument focused on what, if anything, the court should decide before sending the case back to the court of appeals.
CC/Devas arises under the Foreign Sovereign Immunities Act. When … Read the rest
The Employee Retirement Income Security Act of 1974, as amended (“ERISA”) and the Internal Revenue Code Of 1986, as amended (“Code”) contain broad prohibitions on transactions between ERISA-covered employee benefit plans and Individual Retirement Accounts (“Plans”), as well as certain people or entities closely connected to such Plans, known as “parties in interest” or “disqualified persons”. Absent an exemption, the types of transactions that are prohibited include sales and leases or loans between a Plan and a party or parties … Read the rest
On February 8, 2024, the U.S. Environmental Protection Agency (EPA) published two proposed rules in the Federal Register that would expand the EPA’s authority to address certain per-and polyfluoroalkyl substances (PFAS) under the Resource Conservation and Recovery Act (RCRA). These rules would significantly increase the EPA’s and authorized state’s authority to address the release of some of the most common PFAS and require responsible parties to conduct assessments, investigations, and clean-ups.
The first proposed rule, Listing of Specific PFAS as … Read the rest
On December 12, 2023, the Department of Justice (“DOJ”) issued guidance related to the process by which companies may request the United States Attorney General authorize delays of cyber incident disclosures, pursuant to a new Securities and Exchange Commission (“SEC”) rule. As a reminder, the SEC rule (which went into effect on Dec. 18, 2023) requires companies to disclose material cyber incidents via Form 8-K within four days of making a materiality determination. Our colleagues previously discussed the SEC rule … Read the rest