On April 26, 2019, the IRS released PLR 201917002 concluding that an entity’s extension of credit, incidental to its sale of nonfinancial goods or performance of nonfinancial services, would not create an obligation under section 6050P to file a Form 1099-C if the entity subsequently discharged the indebtedness associated with the extension of credit.
April 2019
Turns Out You Really Can Unring a Bell — GAO Upholds Agency Decision to Ignore Vendors’ Updated Quotations and Evaluate Their Original Submissions Instead
As the old adage goes, you can’t unring a bell. But GAO recently concluded that it was rational of an agency to do just that when taking corrective action in a bid protest.…
HHS Extends Comment Period for Proposed Rules on Patient Access and Interoperability
On April 19, 2019, the Department of Health and Human Services (HHS) announced a 30-day extension, until June 3, 2019, to the comment period for two rules proposed by the Centers for Medicare & Medicaid Services (CMS) and the Office of the National Coordinator for Health Information Technology (ONC).
The CMS proposed rule aims to…
ICO issues draft code of practice on designing online services for children
Earlier this month, the UK’s Information Commissioner’s Office published a draft code of practice (“Code”) on designing online services for children. The Code is now open for public consultation until May 31, 2019. The Code sets out 16 standards of “age appropriate design” with which online service providers should comply when designing online services (such…
China Amends Trade Secret Law to Further Favor Rights-Holders
On April 23, 2019, the Standing Committee of the National People’s Congress of China passed a bill amending China’s Anti-Unfair Competition Law (“AUCL”). Changes made by the amendment bill took effect on the same day. Further to the last amendment to the AUCL in 2017, the newly introduced burden-of-proof shifting and punitive damages rules will significantly…
The European Commission publishes report on EU loan syndication and its impact on competition in credit markets
By Johan Ysewyn
On 5 April 2019, the European Commission (“EC”) published a report – prepared by Europe Economics at the request of DG COMP – on EU loan syndication and its impact on competition in credit markets (the “Report”).
The Report describes the functioning of the syndicated loan business and seeks to assess whether there are potential…
HHS Clarifies HIPAA Liability for EHR System Developers that Transfer Data to Health Apps
On Friday, April 19, 2019, the Office for Civil Rights of the U.S. Department of Health and Human Services (HHS) explained in an FAQ the circumstances under which electronic health record (EHR) systems may be subject to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) liability for an app’s impermissible use or disclosure…
Industry Weighs In on Potential “Emerging Technologies” Export Controls
The U.S. government is now considering how to define potential new export controls on “emerging technologies.” Our article in the China Business Review explains the legislative context informing the current rulemaking process, highlights key themes in public comments submitted by stakeholders in response to an initial request for input, and offers recommendations for companies and…
Coercive and Non-Coercive Surveillance Authorities
When the U.S. government conducts electronic surveillance, there are a variety of legal authorities on which it relies. The Wiretap Act, for example, authorizes the government to conduct live telephone wiretaps in certain criminal investigations; for electronic data, the Act also permits the government to acquire electronic communications in real time. The Stored Communications Act…
Update: HHS Extends Comment Period for Interoperability Proposed Rules
On April 19, 2019, the Department of Health and Human Services (HHS) announced a 30-day extension to the comment period for two rules proposed by the HHS Centers for Medicare & Medicaid Services (CMS) and the Office of the National Coordinator for Health Information Technology (ONC), originally published on March 4, 2019. These rules, discussed…