Policy Outlook: How The 2020 Election Outcomes Will Impact Your Business

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The results of the 2020 US general election will have far-reaching impacts across virtually every industry sector. Regardless of outcome, it’s important to consider the following question: How will the election affect your business in 2021 and beyond? Join McDermott lawyers and our policy and lobbying team for a post-election webinar.

During this timely and substantive webinar, we’ll kick-off with a congressional overview from our consultants at McDermottPlus and dive into key legal areas whereby you’ll gain perspective on the most critical areas of impact for businesses and individuals brought by the election results. You can begin preparing with this forecast on policymaking across myriad industries and areas of law, including Health, Tax, Employment/Labor/Benefits, Energy, Privacy & Cybersecurity and Private Client. We’ll also consider the US Supreme Court bench and how the new balance of justices might affect your business.

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Session Replays
Access the session replays by clicking the video and entering your password.
Opening remarks are by Eric Zimmerman, Global Head of McDermott’s Health Practice, followed by an overview of the congressional process by David Ransom, Counsel in McDermott’s Washington, DC office and Rodney Whitlock, Ph.D., Vice President at McDermott+Consulting.

Intro:

Opening Remarks and Congressional Process
Speakers: David Ransom Rodney Whitlock Eric Zimmerman

Session 1:

Health
The healthcare marketplace will likely see unprecedented transformation and opportunity in the near and long term. Healthcare delivery and reimbursement will depend on the policies of the administration chosen to lead over the next four years. In this session, we will discuss the Affordable Care Act and policy developments that may impact revenue streams and regulatory burdens as well as price transparency requirements, surprise billing limitations, prescription drug pricing constraints and mandatory value-based purchasing and managed care directions.
Speakers: Emily Jane Cook Marshall E. Jackson, Jr. Mara McDermott Rodney Whitlock Eric Zimmerman, Moderator

Session 2:

TAX
We may see the tax landscape shift drastically. We’ll look at top individual and business tax policy priorities for 2021, the future of the 2017 Tax Cuts and Jobs Act, potential impact of “Made in America” tax proposals, cross-border tax cooperation and competition, the potential Social Security tax hike on executive compensation, the tax regulatory outlook and what more federal funding may mean for state-level taxation.
Speakers: David Fuller David G. Noren Kathleen M. Quinn Caroline H. Ngo, Moderator

Session 3:

Employment / Labor / Employee Benefits
The election results will increase the spotlight on many hot button issues for employers, and create increased pressure for transparency on companies, Boards of directors and compensation committees. Our Employment, Benefits and Executive Compensation team will provide insights on the impact on racial justice issues, pay equity and a potential revival of the pay collection program, and potential legislative changes impacting retirement and health plans. We’ll also highlight what’s ahead for a range of issues from independent contractors and joint employer status to an increase in claims seeking exemptions for religious reasons in light of the Supreme Court’s decision on Title VII.

Speakers:
Rachel B. Cowen
Ron Holland
Andrew C. Liazos

Session 4:

Energy
Ongoing shifts in technology, funding and legislation, coupled with Donald Trump and Joseph Biden’s divergent policy positions, will have great implications across the energy sector. Post-election, our energy team will assess how the potential decisions the next administration makes may affect the market and energy business law.

Speakers:
Carl J. Fleming
Jonathan Silver, Guggenheim Partners
Edward Zaelke

Session 5:
Supreme Court
The deaths of Justices Scalia and Ginsburg and retirement of Justice Kennedy over the past four years have changed the character of the US Supreme Court. Over the next four years, the newest justices (along with any new colleagues who may join them) may tip the balance on a number of potentially landmark cases. The leaders of our Supreme Court and appellate practice will address the results of the 2020 election and their implications for the Court and for the judicial branch as a whole, including how companies should be thinking about engaging with the courts to achieve policy objectives.
Speakers: Paul W. Hughes Michael B. Kimberly Sarah Hogarth, Moderator
Session 6:
Privacy & Cybersecurity
Members of our global privacy & cybersecurity team will discuss predictions for US federal privacy legislation; examine the impact of cyber threats and whether escalation can be expected post-election; evaluate how a Trump or Biden presidency may impact issues related to Section 230 and content moderation; and provide an outlook on the digital health landscape for 2021.
Speakers: Jiayan Chen Laura E. Jehl Todd S. McClelland Amy C. Pimentel, Moderator

Session 7:

Private Client
Planning for possible transfer and income tax changes in 2021 is a key factor in this election for high net worth individuals. We will examine the most impactful planning considerations and techniques, from advantages and disadvantages of 2020 gifts and guarding against potential negative consequences of gifts – to acceleration of asset sales and use of charitable trusts and insurance.
Speakers: Ellen K. Harrison Elyse G. Kirschner

Session 8:

Trade
Members of our international trade team will discuss the future of Section 301 of the Trade Act of 1974, safeguards and national security tariffs. They will also address possible changes in approaching US trade relations with China, the EU, UK, Asia-Pacific and Africa. Other topics will include the outlook for sanctions and export controls as well as potential changes impacting foreign investment.
Speakers: Carolyn B. Gleason Alan Kashdan David J. Levine Dean A. Pinkert Joanne E. Osendarp, Moderator
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Speakers

Health

Emily Jane Cook Partner | Los Angeles
Marshall E. Jackson, Jr. Partner | Washington, DC

Mara McDermott
McDermott+Consulting | Washington, DC

Rodney Whitlock
McDermott+Consulting | Washington, DC

Eric Zimmerman, Moderator
Partner | Washington, DC

Tax

David Fuller
Counsel | Washington, DC

David Noren
Partner | Washington, DC

Kathleen M. Quinn
Partner | New York

Caroline H. Ngo
Partner | Washington, DC

EMPLOYMENT / LABOR / EMPLOYEE BENEFITS

Rachel B. Cowen
Partner | Chicago

Ron Holland
Partner | San Francisco

Andrew C. Liazos
Partner | Boston, New York

Energy

Carl Fleming
Partner | Washington, DC

Jonathan Silver
Senior Advisor | Guggenheim Partners

Edward Zaelke
Partner | Los Angeles

Supreme Court

Paul W. Hughes
Partner | Washington, DC

Michael B. Kimberly
Partner | Washington, DC

Sarah Hogarth, Moderator
Associate | Washington, DC

Privacy & Cybersecurity

Jiayan Chen
Partner | Washington, DC

Laura E. Jehl
Partner | Washington, DC

Todd S. McClelland
Partner | Atlanta

Amy C. Pimentel, Moderator
Associate | Boston

Private Client

Ellen K. Harrison
Partner | Washington, DC

Elyse G. Kirschner
Partner | New York

Trade

Carolyn B. Gleason
Partner | Washington, DC

Alan Kashdan
Counsel | Washington, DC

David J. Levine
Counsel | Washington, DC

Dean A. Pinkert
Senior Counsel | Washington, DC

Joanne E. Osendarp
Partner | Washington, DC

Additional Resources

McDermott+Consulting stands ready to assist you in navigating the complex legislative and regulatory environment with insights into the coming weeks, months and quarters. Learn what we’ve identified as some of the most pertinent emerging topics—and how they may impact your business.

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