Thu.Jan 13, 2022

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The CEO agenda in 2022: Harnessing the potential of growth jolts

Mckinsey and Company

Despite uncertainties, the US economy is robust. The year ahead could jolt further growth.

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Agencies Issue FAQs (Part 51) With ACA Preventive Health Services Guidance

ThomsonReuters

FAQs About Affordable Care Act Implementation Part 51, Families First Coronavirus Response Act and Coronavirus Aid, Relief, and Economic Security Act Implementation (Jan. 10, 2022). Available at [link]. The DOL, IRS, and HHS have issued FAQs Part 51. While six of the FAQs provide anticipated guidance on plan coverage of over-the-counter COVID-19 tests (see our Checkpoint article ), three FAQs address issues relating to the Affordable Care Act (ACA) preventive health services requirements.

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Trending Sources

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The data-driven future of storytelling: MIT’s Deb Roy on the message and the medium

Mckinsey and Company

The head of MIT’s Center for Constructive Communication talks about how data can help storytellers, what audiences of the future might look like, and why artificial intelligence cannot replace human creativity.

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Health Plans Must Cover OTC COVID-19 Tests

ThomsonReuters

FAQs About Affordable Care Act Implementation Part 51, Families First Coronavirus Response Act and Coronavirus Aid, Relief, and Economic Security Act Implementation (Jan. 10, 2022). Available at [link]. The DOL, IRS, and HHS have issued FAQ guidance addressing group health plan coverage of over-the-counter (OTC) COVID-19 diagnostic tests under the Families First Coronavirus Response Act (FFCRA) and the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).

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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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UK to discuss global minimum tax for multinational groups

Accountancy Today

The UK government has published a consultation seeking views for how a worldwide 15% minimum corporation tax should be domestically implemented. It revealed more than 130 countries signed up to a new global minimum tax framework in October 2021, after G7 agreed in principle during the UK’s presidency. The historic framework will ensure large international firms pay at least 15% tax rate on profits in each country in which they operate, helping to tackle avoidance and ensure a more level pl

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Must an Employer Verify an Employee’s Eligibility for an HSA?

ThomsonReuters

QUESTION: Our company is thinking about adding a high-deductible health plan (HDHP)/health savings account (HSA) option, under which it would contribute to eligible employees’ HSAs. Must our company verify each employee’s HSA eligibility before it makes those contributions? ANSWER: An employer is not required to verify an employee’s HSA eligibility before contributing to the employee’s HSA.

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More Trending

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Investment Banking Fitness: How to Stay in Shape While Working 105 Hours per Week

Brian DeChesare

If you’ve been reading this site for a long time, you probably thought that I’d never return to the topic of investment banking fitness. After all, what’s different? Is there anything to say beyond the original article? Does the human body even change much in a ~10-year period? The human body has not changed much, if at all, but the industry has changed.

Banking 59
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Would You Buy Tesla on 19x 2025 Earnings?

Andrew Stolz

Defining a new era for the global car industry. Highlights: Near-term strength, but market dominance declines. Many American companies fail in China, but not Tesla. Rapid production ramp up to ride EV wave. Download the full report as a PDF. Technical signals still support bullish rally. 50 DMA is well above 200 DMA suggesting a bullish signal. RSI-Volume also indicates a bullish signal as has recently stayed well above the 50% line.

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Building a Management Team

Benchmark Report

To have a successful business, you need to create a winning management team. There are several things to keep in mind when you are building that management team. It’s important to recognize the different backgrounds, personalities, and experiences of your employees in order to best direct their strengths in a way that will benefit your business.

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Is Ralph Lauren’s Polo Shirt Worth More Than Its Share Price?

Andrew Stolz

Strong profitability but low growth in a competitive industry. Highlights: Sector-leading margin reaching a peak. Shifting away from wholesale increases brand value. With profits back on track, expect rising share repurchases. Download the full report as a PDF. Price signal might turn bearish soon. In 9M21, Ralph Lauren has seen a strong price rally with the 50 DMA staying above the 200DMA.

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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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How To Fund Your Small Business

Financial Analyst Insider

There are several reasons why you would want to run a small business, whether you’ve created a product, discovered a solution to a common problem, The post How To Fund Your Small Business appeared first on Financial Analyst Insider.

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IRS Issues 2022 Procedures for Letter Rulings, Determination Letters, and Other Guidance

ThomsonReuters

Rev. Procs. 2022-1 and 2022-4, 2022-1 I.R.B. 1 and 161 (Jan. 3, 2022). Available at [link]. The IRS has issued its annual update and restatement of the revenue procedures governing letter rulings, determination letters, and other guidance, including guidance about employee benefit plans. These revenue procedures supersede their 2021 counterparts (see our Checkpoint article ) and are generally effective as of their issuance date.

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Ways That You Can Build Your Credit Score

Financial Analyst Insider

If you are looking to buy a car, you might be told that your credit score is holding you back. It affects everything. Since it. The post Ways That You Can Build Your Credit Score appeared first on Financial Analyst Insider.

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On Reconsideration, Eighth Circuit Concludes That ERISA Does Not Preempt State Law Regulating PBMs

ThomsonReuters

Pharm. Care Mgmt. Ass’n. v. Wehbi, 2021 WL 5355916 (8th Cir. 2021). Available at [link]. The Eighth Circuit, reconsidering a prior ruling on remand from the U.S. Supreme Court, has concluded that ERISA does not preempt a North Dakota law regulating the relationship between pharmacies and pharmacy benefit managers (PBMs). Among other things, the challenged law regulates the fees PBMs may charge pharmacies, limits the copayments PBMs may charge, and requires certain disclosures.

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Mastering Intent Data: Understanding its Importance & Best Practices

Speaker: Joe Apfelbaum, CEO of Ajax Union

In this webinar, Joe Apfelbaum, CEO of Ajax Union and business strategist, will take you through the ABCs of intent data. You'll learn how to effectively use it to drive business results, with practical tips on how to leverage both company and contact intent data to maximize your marketing efforts. Whether you're a seasoned marketer or just getting started, this webinar is a must-attend for anyone looking to stay ahead in the ever-evolving world of digital marketing.

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5 Things You Need to Know Before Investing in Bitcoin

Financial Analyst Insider

If you’re thinking of making an investment in Bitcoin or another cryptocurrency, it’s important to avoid getting caught up in the hype. While digital money. The post 5 Things You Need to Know Before Investing in Bitcoin appeared first on Financial Analyst Insider.

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The Cost of Not Knowing: 10 Reasons You Can't Wait for a Business Valuation

Biz Equity

When we ask business owners how much their businesses are worth, responses range from a noncommittal shrug to “I haven’t given it much thought,” to a broad, general guess.

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Debtor Allowed to Make Voluntary Contributions to Retirement Fund While Repaying Creditors

ABI

Jennifer Hepner. St. John’s University School of Law. American Bankruptcy Institute Law Review Staff. . In In re Marlena Joy Pizzo , the United States Bankruptcy Court for the District of South Carolina held that a debtor may voluntarily contribute to her retirement plan while paying creditors under a bankruptcy plan. [1] Following the filing of her petition for relief under Chapter 13 of title 11 of the United States Code (the “Bankruptcy Code”), Marlena Pizzo proposed a bankruptc

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GP-Led transactions: The price is right!

Private Funds CFO

Raymond James's Sunaina Sinha Haldea discusses the best practice for GPs to discharge conflict of interest and ensure best pricing on their GP-led transactions.

Finance 52
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Second Circuit Disallows Private Educational Loans from Discharge Under 11 U.S.C. § 523(a)(8)(ii)

ABI

By: Sean B. King. St. John’s University School of Law. American Bankruptcy Institute Law Review Staff. . In Homaidan v. Sallie Mae , the United States Court of Appeals for the Second Circuit held that private educational loans may be discharged under § 523(a)(8)(ii) of title 11 of the United States Code (the “Bankruptcy Code”). [1] Homaidan funded his college education, in part, with two private tuition loans from Navient that totaled $12,567. [2] Soon after graduating f

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Crestline raises $1bn for fund finance

Private Funds CFO

Portfolio Financing Fund II does preferred equity- and NAV-based lending deals for funds in the private equity, real estate and infrastructure markets.

Finance 40
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A Foreign Debtor May Qualify for Florida Homestead Exception

ABI

Jenna Kirkland. St. John’s University School of Law. American Bankruptcy Institute Law Review Staff. . In In re De Bauer , a bankruptcy court in Florida held that a debtor who was not a permanent resident of the United States was entitled to the Florida homestead exemption. [1] Adaluz Rojas De Bauer (“Debtor”), who is not a permanent resident or citizen of the United States, filed a voluntary petition for relief under Chapter 7 of the title 11 of the United States Code (the “Bankruptcy

Banking 40
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Ensuring best pricing on GP-led deals

Private Funds CFO

GP-led transactions: The price is right!

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Debtors do not have the Burden to Prove Section 523(a)(8) applies to their Loans

ABI

Kimberly Lee. St. John’s University School of Law. American Bankruptcy Institute Law Review Staff. . Section 523 of Title 11 of the United States Code (the “Bankruptcy Code”) generally provides that a student loan cannot be discharged unless it would impose “undue hardship” on the debtor. [1] However, the undue hardship requirement does not apply to all student loans; section 523(a)(8) generally applies to a loan guaranteed by the government or funded by the government or a nonprofit

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Portfolio financing fund hits near double its predecessor

Private Funds CFO

Crestline raises $1bn for fund finance.

Finance 40
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A US Court May Recognize a Foreign Proceeding of an Entity Who Would Not be Considered a Debtor in the U.S.

ABI

Kate Long. St. John’s University School of Law. American Bankruptcy Institute Law Review Staff. . In In re Barnet , the United States Court of Appeals for the Second Circuit held that a foreign debtor must satisfy traditional debtor eligibility requirements for a debtor’s foreign proceeding to be recognized under Chapter 15 of Title 11 of the United States Code (the “Bankruptcy Code”). [1] In In re Al Zawawi , a bankruptcy court in Florida held that a foreign debtor does not have to me

Equity 40
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Securities Investor Protection Act (SIPA) Trustee Recovers “Fictitious Profits” from an Investor

ABI

Anthony J. Crasto. St. John’s University School of Law. American Bankruptcy Institute Law Review Staff. . In In re Bernard L. Madoff Investment Securities LLC , a bankruptcy court in the Southern District of New York held that Irving Picard, Trustee for Bernard L. Madoff Investment Securities LLC (BLMIS) and Bernard L. Madoff (“Madoff”), can recover fictitious profits received by an investor in Madoff’s Ponzi scheme. [1] On November 1998, Stanley T.

Banking 40
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An Inherited 401(k) Retirement Account is Excluded from the Bankruptcy Estate

ABI

By: Aron Kaplan. St. John’s University School of Law. American Bankruptcy Institute Law Review Staff. . The Bankruptcy Court for the Western District of North Carolina, in In re Dockins , held that the funds from a 401(k) retirement account that was inherited by a debtor before she filed for bankruptcy was not property of the bankruptcy estate. [1] Debtor Holly R.

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Cross-Border Bankruptcy Stay Honored Without Recognition

ABI

Sarah Franzetti. St. John’s University School of Law. American Bankruptcy Institute Law Review Staff. . In Moyal v. Münsterland Gruppe GmbH & Co. KG , the United States District Court for the Southern District of New York (“SDNY”) held that a breach of contract claim against a foreign debtor could be dismissed under principles of international comity, even if the debtor did not obtain recognition under Chapter 15 of Title 11 of the United States Code (the “Bankruptcy Code”). [1] In

Banking 40
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Structured Dismissals of Chapter 11 Cases May Be Possible

ABI

Victoria Giorgio. St. John’s University School of Law. American Bankruptcy Institute Law Review Staff. . In general, a successful case under Chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”) culminates in confirmation of a plan of reorganization, pursuant to which the debtor’s liabilities will be addressed. In certain instances, confirmation of a plan may not be possible or cost-prohibitive, but the debtor and its creditors have achieved a consensus regarding

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Indonesian Insolvency Plan Not Enforced Under Chapter 15

ABI

By: Anastasia Marie Greer. St. John’s University School of Law. . In In re PT Bakrie Telecom TBK, the bankruptcy court for the Southern District of. York recognized an Indonesian insolvency proceeding under Chapter 15 of Title 11 of the United. States Code (the “Bankruptcy Code”), but denied a request to enforce the Indonesian. plan approved in the Indonesian proceeding. 1 PT Bakrie Telecom Tbk (the “Debtor”).

Banking 40
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Mortgage-Assistance Relief Firm Violates Consumer Finance Regulations

ABI

By: Ilayna M. Guevrekian. St. John’s University School of Law. American Bankruptcy Institute Law Review Staff. . In response to the financial crisis of 2007-2008, and the subsequent rise of unfair and deceptive for profit-mortgage assistance relief services (“MARS”), Congress designated the Federal Trade Commission (“FTC”) to employ rules regarding the regulation of MARS. [1] These rules, the U.S.

Finance 40
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Bankruptcy Court Expands Eligibility for Small Business Owners Under Subchapter V

ABI

Nicholas Hasbún. St. John’s University School of Law. American Bankruptcy Institute Law Review Staff. . The Small Business Reorganization Act of 2019 (“SBRA”) created a new subchapter V of chapter 11 of title 11 of the United States Code (the “Bankruptcy Code”). [1] Subchapter V provides “an expedited process for small business debtors to reorganize quickly, inexpensively, and efficiently.” [2] Under Subchapter V, an individual may be a debtor if they are a “person” with less than $

Finance 40
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Bankruptcy Court Must Defer to Arbitration for Noncore Claims

ABI

Sarah Hautzinger. St. John’s University School of Law. American Bankruptcy Institute Law Review Staff. . In In re McPherson , a Maryland bankruptcy court held that when a prepetition contract contains an arbitration clause, the bankruptcy court must defer to the arbitration as to the prepetition noncore claims. [1] John McDonnell McPherson (“Debtor”) entered into a Litigation Funding Agreement (“Funding Agreement”) with Camac Fund, L.P.

Finance 40
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Eleventh Circuit Permits Suits Against Bankruptcy Trustees, Receivers When Appointing Court No Longer Controls Relevant Property

ABI

By: Chelsea Frankel. St. John’s University School of Law. American Bankruptcy Institute Law Review Staff. . Under the “ Barton doctrine,” which originated with the 1881 case of Barton v. Barbour , a lawsuit cannot be brought against a receiver or bankruptcy trustee without leave of the court that appointed the receiver or trustee. [1] In Chua v.

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