Member Publications

The weather may be cooling down, but the Securities and Exchange Commission (“SEC”) did not cool down its pace of rulemaking during the third quarter of 2023. The SEC adopted its highly anticipated cybersecurity disclosure rules, which will become effective in the fourth quarter of 2023 along with share repurchase rule amendments. Additionally, the SEC provided clarification on its amendments rela…

The Dutch Act on gender diversity in boardrooms of Dutch companies (the Diversity Act1) introduces measures to improve gender equality on the management board, supervisory board and the sub-top management of Dutch companies. They include an obligation to report on targets and progress to the SER (Sociaal Economische Raad). The first reporting deadline is 31 October 2023. As this deadline approache…

In a recent Illinois district court case, Su v. Flying Food Group (N.D. Ill. Aug. 30, 2023), the DOL takes issue with the imposition of a tobacco surcharge on health plan participants who reported tobacco use given the lack of any alternative standard, “reasonable or otherwise,” which would allow tobacco-users to obtain discounted premiums offered to participants who reported that they had not use…

Artificial Intelligence (AI) software has become increasingly popular in corporate America as a tool for HR to use in recruitment and talent acquisition. Recent studies show that 85% of U.S. companies are using AI software in some capacity, with nearly 80% of those companies using AI in hiring and recruitment. As a result, the EEOC created a task force in 2021 through the Artificial Intelligence a…

On Budget Day,  Tuesday, September 19, 2023, the outgoing cabinet submitted the 2024 Tax Plan package to the House of Representatives. This package consists of various bills about which we have previously informed, such as the proposed amendment to the tax qualification of the mutual fund, the limited partnership and the exempt investment institution. The bills can still change during the parliam…

The number of bankruptcies has been increasing for sixteen months in a row. The number of bankruptcies increased again in August. On an annual basis, the number of bankruptcies has been higher for sixteen months in a row than in the same month a year earlier, reports the Central Bureau of Statistics (CBS). number of bankruptcies increased again peak in May 2013, decline until 2017, increase …

As more donor groups have formed name, image and likeness (NIL) collectives as not for profit entities, the Internal Revenue Service (IRS) recently released guidance that effectively puts the brakes on the ability of these entities to collect tax-deductible donations from supporters.  This guidance also raises compliance concerns for NIL collectives and possibly other charities. History of NIL Col…

The NCAA’s adoption of an Interim Name, Image and Likeness (NIL) Policy opened the door for donors, alumni and fans to effectively pay college athletes, either directly or through NIL “collectives.” With a growing number of donor groups forming NIL collectives as not-for-profit entities, there are questions about whether or not these collectives truly qualify as charitable organizations for tax pu…

According to the most recent intention of the German legislator legal transactions are to be simplified and digitized as far as possible. The numerous written form (“wet ink“) and signature requirements that currently exist are to be abolished or replaced by text form requirements. The written form is to be retained only as a substitute form. Where the written form requirements continue to apply o…

The Whitfield & Eddy Law transportation practice group reviewed important federal cases, legislative matters, and other items of note to the industry.  This review took place during the August 2023 meeting. Trucking and transportation companies across the U.S. have relied upon our counsel to guide their responses to emerging legal and regulatory issues. The presentation focused on various fede…