Sat.Oct 24, 2020 - Fri.Oct 30, 2020

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Can We Destroy the Paper Records for Our ERISA Plans and Retain Our Records in Electronic Form?

ThomsonReuters

QUESTION: Our company has run out of storage space for paper records, including those relating to our employee benefit plans. Can we retain these records solely in electronic form and destroy the paper records for our ERISA plans? ANSWER: ERISA plan records generally may be maintained electronically so long as you comply with applicable rules, summarized below.

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Why You Should Use a Divorce Accountant Even in a Collaborative Divorce

Shuster & Co.

Going through a divorce can be one of the most challenging times in a person’s life. Divorce accounting is often complicated and expensive, even if the divorce is not combative. A collaborative divorce is one in which the couple negotiates the terms of the divorce – usually through mediation – without a hostile and drawn-out court case. Some divorces are marked by both parties trying to hurt the other by contesting everything from splitting the finances to custody of children if any are in

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Highlights from Cooley’s M&A Dealmakers Roundtable: SPACs!

Cooley M&A

On September 24, Cooley M&A partner, Garth Osterman, moderated a webinar on the current trend in going public: SPACs! Dave Peinsipp, co-chair of Cooley’s capital markets practice group and Rama Padmanabhan, a Cooley M&A partner participated in the webinar which focused on the current wave of SPAC activity and how it compares to prior iterations, in addition to discussing some of the key differences and similarities between SPACs and IPOs, as well as current trends in SPAC business combin

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Appraisal Action Leads to Insurance Action: D&O Doesn’t Cover Appraisal

Appraisal Rights

The Delaware Supreme Court has had its say on whether Directors and Officers insurance policies that covered claims for “actual or alleged” violation “of any federal, state or local statute, regulation or rule or common law regulating securities” covered appraisal actions – which, at least by statute, do not require any evidence of wrongdoing. The Court’s answer was clear, and the opinion unanimous: appraisal actions are not covered by D&O policies with this language.

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How to Leverage Intent Data for Better Outcomes

Speaker: Susan Spencer, Principal of Spencer Communications

Intent signal data can go a long way toward shortening sales cycles and closing more deals. The challenge is deciding which is the best type of intent data to help your company meet its sales and marketing goals. In this webinar, Susan Spencer, fractional CMO and principal of Spencer Communications, will unpack the differences between contact-level and company-level intent signals.

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DOL Finalizes 2020 Updates to Mental Health Parity Self-Compliance Tool

ThomsonReuters

Self-Compliance Tool for the Mental Health Parity and Addiction Equity Act (MHPAEA); Final 2020 MHPAEA Self-Compliance Tool Preface. Self-Compliance Tool. Preface. News Release. The DOL has finalized the biennial update of its self-compliance tool designed to help employers comply with the Mental Health Parity and Addiction Equity Act (MHPAEA). The 2020 update integrates recent MHPAEA guidance and includes revised compliance examples, best practices for establishing an internal compliance plan,

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IRS Releases 2021 Cost-of-Living Adjustments for Health FSAs, Transportation Benefits, Adoption Assistance, and More

ThomsonReuters

Rev. Proc. 2020-45 (Oct. 26, 2020); IRS News Release IR-2020-245 (Oct. 26, 2020). Rev. Proc. 2020-45. News Release. The IRS has released the 2021 cost-of-living adjustments (COLAs) for a wide variety of tax-related limits, including limits relating to health FSAs, qualified transportation fringe benefits, qualified small employer health reimbursement arrangements (QSEHRAs), adoption assistance, DCAPs, the small business health care tax credit, the premium tax credit, and Archer MSAs.

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IRS Announces 2021 Retirement Plan and Other Dollar Limits and Thresholds

ThomsonReuters

IRS Notice 2020-79 (Oct. 26, 2020); IRS News Release IR-2020-244 (Oct. 26, 2020); SSA Notice: Cost-of-Living Increase and Other Determinations for 2021 (Oct. 22, 2020). IRS Notice. IRS News Release. SSA Notice. The IRS has announced the 2021 dollar limits and thresholds for retirement plans, reflecting the latest cost-of-living adjustments. (Dollar limits and thresholds primarily affecting health and welfare plans were announced in separate guidance; see our Checkpoint article.

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Sixth Circuit Allows Dialysis Provider’s MSP Claim Against Employer and TPA

ThomsonReuters

DaVita, Inc. v. Marietta Mem’l Hosp. Emp. Health Benefit Plan, 2020 WL 6054607 (6th Cir. 2020). Available at [link]. A dialysis provider (on its own behalf and in its role as a patient’s assignee) sued the employer/ plan administrator and the TPA of a self-insured health plan, challenging the plan’s classification of all dialysis providers as “out-of-network,” resulting in a lower reimbursement rate for them than for other medical providers.

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Cannabis Business Valuation: White Paper Update

Appraisal Rights

Further to our prior post on FTI’s cannabis valuation primer, FTI has now published an update addressing developments resulting from Canada’s legalization of the production and sale of edible cannabis, cannabis extracts and cannabis topics, as well as the slower-than-expected growth of the Canadian cannabis industry. Intranational, international, and even supranational regulatory issues can be a relevant component of cannabis valuation – perhaps more so than in more traditional businesses.

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Post-Brexit companies face new UK tariff regime and ongoing trade compliance concerns

ThomsonReuters

When the United Kingdom (UK) officially implemented its Brexit plan and withdrew from the European Union (EU) on January 31, 2020, the UK and EU entered into an eleven-month “transition” period, the main purpose of which was to negotiate a free trade agreement (FTA) between the two parties. Since then, however, trade talks have produced little progress, and what was once considered unlikely—a “no-deal Brexit”—is now the most probable outcome.

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Statement of Cash Flows vs. Cash Flow Statement

Speaker: Wayne Spivak - President and Chief Financial Officer of SBA * Consulting LTD, Industry Writer, and Public Speaker

The old adages that "cash is king" and "you can’t spend profits" still hold true today. But however well-known these sayings might be, it requires a change in mindset to properly implement a cash flow management system that predicts your business's runaway as accurately as possible. Key to this new mindset is understanding the difference between the Statement of Cash Flows, a historical look at the source and uses of cash, and the Cash Flow Statement, which uses transaction history and forward-l

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COVID-19 and the Wayfair impact on CPA advisory

ThomsonReuters

It has been two years since the Wayfair case passed through the Supreme Court, so why are people discussing the Wayfair impact on CPA advisory now? In this episode of Pulse of Practice “Second wave of Wayfair”, Paul Miller, CPA from Business by Design , and I are joined by Shaun Hunley, Executive Editor at Thomson Reuters. We discuss the importance of this next wave of the Wayfair decision, and why sales tax revenue should be added to your advisory discussions with clients.

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CPA technology now: ‘Hype vs. Happening’ with new accounting tech

ThomsonReuters

In 2018, the World Economic Forum’s Future of Jobs Report listed accountants and auditors as one of the jobs mostly likely to decline as a result of automation. This was based on the expectation that tax and accounting professionals would fail to adapt to new technology and therefore render themselves less efficient. Now, less than two years after that prediction, tax and accounting professionals have become the backbone of a business world in the midst of a global pandemic.

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Cannabis Business Valuation: EY Insights on Regulation

Appraisal Rights

As we’ve mentioned , valuation professionals, accountants and investment banks have become increasingly focused on trained on the valuation of cannabis companies and assets, with EY preparing their insights on cannabis valuations here. This piece addresses regulatory and transactional developments in the US as well as Canada.