In response to public comments, the IRS today issued Notice 2018-08 that delays indefinitely withholding under new Code section 1446(f) with respect to dispositions of certain publicly traded partnerships. Section 13501 of the enacted tax reform bill added a new Code section 1446(f) to impose a 10% withholding requirement on the amount of gain treated
2017
IRS Withholding Guidance Expected in January
In a news release, the IRS today announced that it anticipates issuing initial withholding guidance to implement the changes under the tax reform bill in January 2018. Employers and payroll service providers are encouraged to implement the changes in February. In the release, the IRS indicated that the withholding guidance will work with the existing…
NIST Holds Webcast to Discuss Updates to Cybersecurity Framework
On December 20, 2017, the National Institute of Standards and Technology (“NIST”) held a live webcast to discuss the draft updates to the Framework for Improving Critical Infrastructure Cybersecurity (“the Cybersecurity Framework”) and the Roadmap for Improving Critical Infrastructure Cybersecurity (“the Roadmap”). Although the webcast is not currently available online, NIST plans to publish a…
The Evolving FDA and EU Equivalent Regulation of Digital Health: A Device Perspective
On November 14, lawyers from Teva Pharmaceuticals and Covington & Burling discussed digital health innovation from a medical device regulation perspective in the U.S. and the EU. The presentation by Rachel Turow, Executive Counsel – Regulatory Law, Teva Pharmaceuticals, and Grant Castle, Scott Danzis, Sarah Cowlishaw, and Christina Kuhn of Covington, covered topics such as…
Senate Democrats Continue Efforts to Strengthen “Buy American” Requirements
Over the last few months, various Senate Democrats have pushed to strengthen “Buy American” requirements applicable to Federal Government procurements. This month is no different. On December 6, 2017, Senator Chris Murphy (D-CT) reintroduced the 21st Century Buy American Act (S.2196), which aims to “strengthen existing Buy American standards to ensure that the…
Digital Health Checkup (Bonus): Product Liability and Insurance Coverage
In this bonus edition of our checkup series, Covington’s global cross-practice Digital Health team considers some additional key questions about product liability and insurance coverage that companies across the life sciences and technology sectors should be asking as they seek to fit together the regulatory and commercial pieces of the complex digital health puzzle.
1.…
U.S. FCC Repeals 2015 Net Neutrality Rules; Impact on Digital Health Solutions Debated
Today, as expected, the U.S. Federal Communications Commission (“FCC”) adopted an order repealing the agency’s 2015 net neutrality rules and changing the legal framework that governs Internet Service Providers (“ISPs”). The vote split along party lines, with the agency’s three Republicans voting in favor and its two Democrats dissenting.
Once today’s order goes into effect,…
Online Shopping for Government Contracts? GSA Invites Industry to Comment on Its Upcoming e-Commerce Portals
In an effort to create a new online market for government contracts, the General Services Administration (“GSA”) has invited industry to comment on the development and design of e-commerce portals for commercial procurements.
GSA’s request for comments will be published tomorrow, December 15, 2017. This comment period provides a valuable opportunity for contractors to advise…
EU Regulators Provide Guidance on Notice and Consent under GDPR
The Article 29 Working Party (WP29) has published long-awaited draft guidance on transparency and consent under the General Data Protection Regulation (“GDPR”). We are continuing to analyze the lengthy guidance documents, but wanted to highlight some immediate reactions and aspects of the guidance that we think will be of interest to clients and other…
U.S.-China Trade Relations Heat Up Post Trump Visit
By official accounts, President Trump’s November visit to China went off well with positive atmospherics, including an unprecedented (for a foreign leader) dinner inside the Forbidden City and the signing of over $250 billion of commercial deals and two-way investment agreements. On the other hand, most western analysts have quickly pointed out that much of…