On December 22, 2017, President Trump signed a sweeping tax bill (the "Tax Cuts and Jobs Act" or "Act") that overhauls much of the United States tax code and touches almost every section of the country's economy. Hidden within the more than 1,000 pages of the recently-passed GOP tax plan is a relatively small provision suddenly getting a lot of attention from employers and their counsel.

Section 13307 of the Act – titled "Denial of Deduction for Settlements Subject to Nondisclosure Agreements Paid in Connection with Sexual Harassment or Sexual Abuse" – was, as its name suggests – added in an effort to address corporate settlements involving claims of sexual harassment and abuse. Nicknamed "the Weinstein tax" or the "#MeToo tax" by some anal