March 18, 2021 The American Rescue Plan Act Provides a Flood of Funding for Industry… by: Curtis R. Hearn and Christopher S. Mann You Get a Shot, and You Get a Shot! California Paves the Way for… by: Anthony J Oncidi and Philippe A. Lebel COVID-19: Maine Governor Janet Mills Extends State of Emergency March…
March 18, 2021
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The American Rescue Plan Act Provides a Flood of Funding for Industry…
by: Curtis R. Hearn
and Christopher S. Mann -
You Get a Shot, and You Get a Shot! California Paves the Way for…
by: Anthony J Oncidi
and Philippe A. Lebel -
COVID-19: Maine Governor Janet Mills Extends State of Emergency March…
by: Newell A. Augur
and Andrea Cianchette Maker -
Latest Stimulus Package Provides Additional Funding, Expanded…
by: Curtis R. Hearn
and Aimee Andrepont Decuir -
Law Firm SEO: Top Search Engine Optimization Strategies for Lawyers
by: Jason Hennessey -
Gov4Nano Conducting “Data Sharing and FAIR Data Use Survey”
by: Lynn L. Bergeson
and Carla N. Hutton -
California Privacy Protection Agency Board Members Appointed
by: Linn F. Freedman -
Illinois Coalition Backs Telehealth Bill Supporting Payment Parity…
by: Kathleen M. Premo
and Priya Kaulich -
American Rescue Plan Act of 2021: Employment Law Update
by: Ellen M. Bronchetti -
The Restaurant Revitalization Fund: A Much-Needed Boost for…
by: Curtis R. Hearn
and Aimee Andrepont Decuir -
New Opportunities and Issues for Dependent Care Flexible Spending…
by: Bruce Barth
and Virginia E. McGarrity -
The Battle of the Bills Begins: Proposed Federal Data Privacy…
by: Philip J. Bezanson
and Brittney E. Justice -
How Biden’s American Rescue Plan Impacts Employee Leave
by: Margaret R. Kurlinski -
ICE Investigators Use Private Database Covering Millions of…
by: Raymond G. Lahoud -
Consider Conducting a Virtual Tabletop Exercise
by: Linn F. Freedman -
Beyond Essential Goods and Services: Price Gouging Laws Being Applied…
by: Christopher E Ondeck
and John R Ingrassia -
Maine Individual Income Tax Deadline Extended to May 17, 2021
by: Jonathan Block
and Kris J. Eimicke -
OSHA Rolls Out National Emphasis Program, But No Emergency Temporary…
by: Leonard V. Feigel -
Ironic Justice: WeLeakInfo Users’ Information Compromised
by: Linn F. Freedman -
TCPA Quick Hitter: Hundreds of Unwanted Calls—But No Class…
by: Eric J. Troutman -
Mobile App Platform Entitled to CDA Immunity over State Law Claims…
by: Jeffrey D. Neuburger -
Department of Labor Expands Unemployment Insurance Eligibility To…
by: Karen Jennings Evans
and Holly H. Williamson -
COVID-19: Congress Extends FFCRA Payroll Tax Credit through September…
by: Katharine I. Rand -
Effective Dates for Final Drone Rules Announced
by: Kathryn M. Rattigan -
Brexit’s Impact on UK-Based Charities
by: Nicholas Holland
and Laura Harper -
Wisconsin Wage and Hour Law: Rounding Employee Time
by: Jonathan E. Sacks -
House Republicans Reverse Course on Earmarks, Congressionally…
by: Frank C. Guinta
and Anthony M. DeMaio -
Additional CCPA Regulations Are Approved
by: Deborah George -
Paid Social Media Advertising Campaigns for Law Firms: Part 4…
by: Eilene Spear -
FDA Issues Import Alert for Higenamine Supplements
by: Food and Drug Law at Keller and Heckman -
Impact of American Rescue Plan Act on State and Local Governments
by: Ronald C. Liscombe -
Earl v. NVR, Inc., trading as Heartland Homes of PA: Werwinski is dead
by: Lydia A. Gorba -
What Does it Take for Hospitals to Establish OIG Compliance? 10…
by: Dr. Nick Oberheiden -
U.S. Central Bank Not Currently Concerned About Inflation – Fed…
by: Robert C. Gabrielski -
Spring State Law Round-Up (CT, IL, OH, NY, PA, DC)
by: Shennan Harris
and Ariel S. Cohen -
EEO-1 Reporting for 2019 and 2020 to Close in July 2021
by: Dean R. Singewald II
and Peter M. Stein -
SEC Commissioner Calls for a Brave New Approach to Corporate Penalties
by: Sarah E. Aberg
and Melissa M. Mikail -
CFPB Rescinds Short-Lived Guidance on Abusiveness Standard
by: Claudia Callaway
and Christina Grigorian -
EAT Looks Through Sash Window for Better View on Worker Holiday Pay…
by: David Whincup -
Mississippi Gaming Commission Meeting Report March 18 Meeting
by: Thomas B. Shepherd III
and Christopher S. Pace -
Recent Impacts to the Automotive Supply Chain and Change Drivers for…
by: Vanessa L. Miller
and Mark A. Aiello -
Special Considerations in Video Game M&A Transactions
by: Zachary M. Turke -
GDPR in the USA? New State Legislation Is Making This Closer to…
by: Jani K. Mikel
and Bryan Clark -
Bipartisan Bill to Exclude Digital Tokens from Federal Securities Laws
by: Chelsea Lomprey -
The Bipartisan SCALE Act: Increasing Investments in CCUS
by: Anna Burhop -
DOL Issues Long-Awaited Guidance on Locating Missing Retirement Plan…
by: Jeffrey D. Mamorsky
and Terry L. Moore -
Can Hashtags Get you in Trouble?
by: Sara Tucker -
EPA Announces Settlement Resolving Alleged TSCA Reporting Violations
by: Lynn L. Bergeson
and Carla N. Hutton -
Biden EPA Moving Forward with National Drinking Water Regulations for…
by: Kaitlyn R. Maxwell
and Bernadette M. Rappold -
Tennessee Federal Court Dismisses Recent Food Contamination-Related…
by: Syed S. Ahmad
and Geoffrey B. Fehling -
OSHA Taking Its Time to Issue COVID-19 Emergency Temporary Standard
by: Courtney M. Malveaux -
Litigation Breeding Ground: Illinois’ Biometric Information Privacy…
by: Ryan Blaney
and Julia D. Alonzo -
Litigation Breeding Ground: Illinois’ Biometric Information Privacy…
by: Ryan Blaney
and Julia D. Alonzo -
The American Recovery Plan Provides (Generous and Administratively…
by: Alden J. Bianchi -
Episode 34: Forum and Venue Issues in Delaware Trade Secret…
by: Jordan D. Grotzinger
and Justin K. Victor -
WOAH: The ACLU Just Filed an Amicus Brief Supporting Creasy and it is…
by: Eric J. Troutman -
Top Ten Regulatory and Litigation Risks for Private Funds in 2021
by: Margaret A Dale
and Michael R. Hackett -
Economic Principles and the Reform of the European Commission’s…
by: Gerhard Dijkstra -
COVID-19 Vaccine Incentives Without the HIPAA Headache
by: Jessica E. Kuester
and Matthew Hoffman -
CDC Provides Guidance for Workplace Vaccination Programs
by: Evandro C Gigante
and Harris M Mufson -
Conflicting Dispute Resolution Provisions: English Court Stays it…
by: Tim Fox
and Peter R. Morton -
They Went Where?
by: Keith Paul Bishop -
Federal Circuit Affirms PTAB’s Rejection of Patent Application as…
by: Eric Magleby -
New COVID-19 Relief Law Includes Full COBRA Premium Subsidy
by: Timothy J. Stanton
and Michael K. Mahoney -
Litigation Minute: Legal Considerations for Supply Chain Disruptions
by: Laura K. Veith -
Board Members Appointed to California Privacy Protection Agency
by: Hunton Andrews Kurth’s Privacy and Cybersecurity -
New York State Announces New COVID-19 Quarantine Guidelines
by: Evandro C Gigante
and Harris M Mufson -
Pension Schemes Act 2021 Under the Microscope – TPR Consultation on…
by: Clifford Sims -
IMS Insights Podcast: Episode 24 – Helene Wasserman on The Impact of…
by: Teresa Barber
March 17, 2021
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Driving the Deal Podcast: Key Private Equity Investment Opportunities
by: Kristian A. Werling -
Indian Nations Law Update – March 2021
by: John L. Clancy
and Brian L. Pierson -
New Jersey Supreme Court Explains Requirements Law Imposes on…
by: Jordan E. Pace
and Patricia M. Prezioso -
SEC Underscores ESG Disclosure and Compliance Priorities
by: David A. Shargel
and Matthew G. Nielsen -
American Rescue Plan Act of 2021: Top Employee Benefits and Executive…
by: Jason A. Rothman
and Sheldon S. Miles -
American Rescue Plan Act Provides Additional Sick and Family Leave…
by: Faith C. Whittaker -
Five Developments Identified in Criminal and Civil Enforcement of PPP…
by: Byron J. McLain -
American Rescue Plan Act Offers Second Chance for COBRA Recipients
by: Katharine G. Shaw -
SEC Division of Examinations Announces 2021 Examination Priorities
by: Daniel L. McAvoy
and Melissa S. Ho -
Weekly IRS Roundup March 8 – March 12, 2021
by: McDermott Will & Emery -
Private Equity Investment in Sport
by: Sports & Entertainment – Squire Patton Boggs -
California’s AB 1175: Advance Notice of Cal/OSHA Inspection of…
by: Karen Tynan -
Subscription to RSS Feed Doesn’t Trigger Implied-License Defense
by: Jackie L. Toney -
Environmental Enforcement: Adjusting to the New Administration’s…
by: Jason B. Hutt
and Tim Wilkins -
3-Year Holding Period Rule for ‘Carried Interests’ Addressed in IRS…
by: Jennifer H. Weiss
and Erez I. Tucner -
California Discrimination Agency Updates FAQs to Include Vaccinations
by: Charles L. Thompson, IV
and Leslie E. Wallis -
FCC Acting Chair Announces Actions/agenda to Further Combat Illegal…
by: Paul C. Besozzi -
COVID-19: Can You Require Your Employees to Get the COVID-19 Vaccine…
by: Amigo L. Xie
and Dan Wu -
Maryland Breaks Ground with Digital Advertising Tax
by: Steven P. Hollman
and Alyssa M. Shauer -
West Hollywood Includes Drug and Other Retail Workers in New Hero Pay…
by: Bryce Farrington
and Charles L. Thompson, IV -
Video: The American Rescue Plan, OSHA’s New COVID-19 Directive, and…
by: Employment, Labor, Workforce Management Epstein Becker Green -
No Estoppel in the Name of Different Interests and Claims
by: Jiaxiao Zhang -
The Fully Vaccinated Employee: What the New CDC Guidelines Mean for…
by: Matthew J. Feery
and Laura A. Elkayam -
How Law Firms Are Supporting Women Lawyers in The Pandemic
by: Vivian Hood -
7th Circuit Court of Appeals Rejects Insured’s Attempt to Use Broad…
by: Jason F. King -
Can’t Camouflage Express Trademark Contract Terms
by: McDermott Will & Emery -
Health Law Diagnosed — Final Rules Amending the Anti-Kickback Statute…
by: Nili S. Yolin
and Karen S. Lovitch -
Farm Lending Pitfalls For Urban Lawyers
by: Richard W. Brunette, Jr. -
ARPA COBRA Subsidy – When is a Termination of Employment Involuntary?
by: Paul M Hamburger
and Roberta K Chevlowe -
Trend Alert: Increased US Oversight of Forced Labor in Supply Chains
by: Ericka A. Johnson
and Marisa T. Darden -
Doctrine of Equivalents Analysis Should Not Be Simple Binary…
by: Cecilia Choy, Ph.D. -
Some Hospitality Restrictions to Be Lifted in Pennsylvania, but…
by: Matthew B. Andersen
and Brandon J. Lee -
China Cancels More Than Half of Their Patent Applications in 2020 for…
by: Aaron Wininger -
Additional CCPA Regulations Approved, Take Effect
by: Kristin L. Bryan -
Method for Determining Haplotype Phase Found Subject Matter Ineligible
by: Amy Mahan, PhD -
Hiring by Algorithm: Legal Issues Presented by the Use of Artificial…
by: Adam S. Forman
and Nathaniel M. Glasser -
The Future of EB-5 Investor Visa
by: Zain H Abidi -
Powerline Connections: Navigating Potential Project Delays [PODCAST]
by: Edward Zaelke
and Philip Tingle -
Rescue for Union Pension Plans – and Maybe Union Employers
by: Frank T. Mamat
and Alex M. Petrik -
Happy St. Patrick’s Day!
by: Keith Paul Bishop -
Legal and Economic Analysis of Personal Data–Related Collective…
by: Peter Davis
and Samid Hussain -
Sanctions and Export Control Developments in the First 50 Days of the…
by: John E. Bradley -
Free and Extended COBRA Coverage Under The American Rescue Plan Act…
by: Matthew A. Secrist
and Gregory J. Viviani -
Class Dismissed: Ohio Court Strikes Class Action Allegations in a…
by: Travis L. Brannon -
Comments on Final PBT Rules Due May 17, 2021
by: Lynn L. Bergeson
and Carla N. Hutton -
Corporate Transparency Act – Your Beneficial Entity Ownership…
by: William E. Quick -
Status of Noncompete Agreements in 2021: Consider Alternatives to…
by: Stephen W. Aronson
and Natale V. Di Natale -
In Rare Sua Sponte Order, PTAB Finds Using a Trademark Could Render…
by: Connor M. McGregor
and Brooke M. Wilner -
Preparing for Your 2021 AGM and Reporting Season – What Should Be on…
by: Louise Barber -
The Potential Impact of COVID-19-Induced Volatility on Business…
by: Frank Schneider
and Allie Schwartz -
Brews, Booze, and Data Breaches
by: Angela P. Doughty
and Peter N. McClelland, CIPP/US -
Molson-Coors Discloses Cybersecurity Incident that Affected…
by: Linn F. Freedman -
Wrongful Termination and Failed Wasted Costs Claim
by: Nita Mistry -
FDA Releases 2019 Food Safety and Nutrition Survey Results
by: Food and Drug Law at Keller and Heckman -
Equitable Mootness Strikes Again: The Near Impossibility of…
by: Norman N. Kinel -
EFSA Begins Public Consultation on Draft Updated Guidance on…
by: Carla N. Hutton -
Sellers Beware: Fiduciary Duty Risks to Directors
by: Kevin M. Cloutier
and Elizabeth M. Rowe -
US Executive Branch Update – March 16, 2021
by: Stacy A. Swanson
On March 11, 2021, President Joe Biden signed the American Rescue Plan Act of 2021 (“ARPA”), which contains $1.9 trillion in overall national spending to support relief and economic recovery efforts. ARPA provides a total of $350 billion in assistance to states, counties, municipalities, territories and tribal governments to cover expenses, make up for lost revenue and ease the overall economic impact from the COVID-19 pandemic.
The Basics
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$195.3 billion to states and the District of Columbia from the Coronavirus State Fiscal Recovery Fund:
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$25.5 billion equally divided to provide each state a minimum of $500 million.
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$168.5 billion distributed based on each state’s share of unemployed workers during the period of October through December 2020.
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$130.2 billion to local governments from the Coronavirus Local Fiscal Recovery Fund:
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$65.1 billion to counties, allocated based on each county’s share of the national population.
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$45.6 billion to metropolitan cities (cities with 50,000 or more people), allocated by an average of one of two sets of economic ratios, to be determined by the Secretary of the Treasury.
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$19.5 billion to municipalities with fewer than 50,000 people (to be distributed by the applicable state), allocated based on each municipality’s share of the overall population of municipalities within that state.
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$10 billion for a Coronavirus Capital Projects Fund to states, territories and tribal governments to carry out projects to support work, education and health monitoring during COVID-19. Each state, territory or tribal government will receive at least $100 million, with additional amounts allocated based on population, percentage of population living in rural areas and percentage of population with a household income less than 150% of the applicable poverty line.
Timing
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Payments to each state will be made no more than 60 days after the state provides a required certification described below; however the Secretary of the Treasury has the authority to withhold up to 50 percent of the amount allocated to each state for up to 12 months from the certification date.
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Local government funds will be distributed in two equal tranches, the first by May 10, 2021, and the second by March 11, 2022. Metropolitan cities and most counties will receive their distributions directly. Funds for all other municipalities (and any counties that are not political subdivisions of a state) will be distributed to the states for redistribution by May 10, 2021, and the states must distribute allocated amounts to such municipalities within 30 days of receipt, although a state may request a 30-day extension—and in certain cases additional extensions—due to administrative burden.
Use of Funds
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Funds allocated from each of the State Fiscal Recovery Fund and Local Fiscal Recovery Fund may be used to:
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Respond to the COVID-19 emergency and address its economic effects, including through aid to households, small businesses, nonprofits, and impacted industries such as tourism and hospitality.
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Provide premium pay to essential employees of state or local governments or make grants to the employers of essential employees. Premium pay may not exceed $13 per hour or $25,000 per worker.
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Provide government services to the extent of any revenue reduction resulting from COVID-19.
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Make investments in water, sewer and broadband infrastructure.
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All funds must be spent on costs incurred on or before December 31, 2024.
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State and local governments cannot use the funds to make pension payments.
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States cannot use the funds to offset revenue losses resulting from any tax cut, tax delay or tax rebate enacted after March 3, 2021.
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State and local governments may transfer funds to private nonprofit groups, public benefit corporations involved in passenger or cargo transportation, and special-purpose units of state or local governments.
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State and local governments must provide periodic reports to the Secretary of the Treasury giving a detailed accounting of the uses of funds and, in the cases of states, all modifications to the states’ tax revenue sources.
Michigan will receive a total of $10.6 billion in state and local relief, with $6.6 to be distributed to the state government and $4 billion allocated to local governments within the state. Illinois will receive $13 billion total, with $7.5 billion going to the state government and $5.5 billion allocated to local governments.
© 2020 Miller, Canfield, Paddock and Stone PLC National Law Review, Volume XI, Number 77
Ronald C. Liscombe assists public sector clients with a range of issues, including public finance and governance matters.
Ron has deep knowledge of state and local government, having worked in a variety of policy and program management roles prior to joining the firm. He is able to counsel and provide direction to public entities to develop innovative and effective strategies in response to challenging policy issues.
His experience includes advising and counseling two start-up public entities in all general legal matters, including the development of policies and procedures…
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