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IRS Commissioner Says the Employee Retention Credit Program “Will Go Forward.”

What You Need to Know

  • Key takeaway #1

    Taxpayers with outstanding ERC claims will be pleased that the Commissioner has indicated that the IRS will restart its processing of ERC claims in the near future.

  • Key takeaway #2

    Taxpayers who may have received funds to which they were not entitled may be encouraged by the IRS’s willingness to accept repayment of the funds over time.

Client Alert | 1 min read | 11.16.23

This week, IRS Commissioner Daniel Werfel informed a crowd at a conference that the IRS was looking to reset its approach to ERC claims after implementing a moratorium on processing claims in September. Mr. Werfel communicated that the IRS is focused on changing the way it processes these claims and on communicating the eligibility criteria to taxpayers. He also indicated a willingness to work with employers who received the credit, but were not actually entitled to it, allowing taxpayers to pay back the funds to the IRS in a way that works for their businesses.

Takeaways

  • Taxpayers with outstanding ERC claims will be pleased that the Commissioner has indicated that the IRS will restart its processing of ERC claims in the near future.
  • Taxpayers who may have received funds to which they were not entitled may be encouraged by the IRS’s willingness to accept repayment of the funds over time.

Insights

Client Alert | 3 min read | 04.17.26

The Show Must Go On – But Not Without Competition: DOJ Resolves Broadway Touring Antitrust Investigation with Non-Prosecution Agreement

On March 18, 2026, the Antitrust Division (Division) of the U.S. Department of Justice (DOJ) entered into a Non-Prosecution Agreement (“NPA”) with Broadway Across America (“BAA”), resolving a criminal antitrust investigation into agreements between BAA and another entertainment company (“Company A”) that included non-compete restrictions on Company A’s ability to offer potentially competing programming. Notably, the restrictions were contained in a vertical agreement by which BAA presented touring shows at theaters owned by Company A. The announcement is a reminder that the agencies continue to scrutinize non-compete agreements contained in business contracts, and all non-compete provisions, even those included between vertical partners, should be reviewed by antitrust counsel....