Fiduciary & DOL Matters
Publications of Interest
LawFlash/Client Alert | Employee Benefits and Investment Management LawFlash
Craig Bitman, Lindsay Jackson, Lisa Barton, Michael Richman, Julie Stapel, I. Lee Falk, Daniel Kleinman, R. Tracht, Marla Kreindler, Donald Myers
Guidance contains clarifications of participant-level disclosures and "good faith" standard for enforcement purposes.
LawFlash/Client Alert | Employee Benefits and Investment Management LawFlash
Michael Richman, I. Lee Falk, Donald Myers, Craig Bitman, Daniel Kleinman
Final regulation provides a number of helpful clarifications and changes, but continues to impose what will be a highly burdensome disclosure framework.
LawFlash/Client Alert | Employee Benefits and Investment Management LawFlash
Michael Richman, Donald Myers, Daniel Kleinman
Final regulation on required disclosures by plan service providers extends deadline for disclosures to July 1, 2012.
LawFlash/Client Alert | Employee Benefits and Investment Management LawFlash
Michael Richman, I. Lee Falk, Carly Grey
The IRS announces that, pending further action by the DOL, indemnification arrangements described in AO 2011-09A will not be considered prohibited transactions.
LawFlash/Client Alert | Employee Benefits LawFlash
Michael Richman
In September 2011, the U.S. Department of Labor (DOL) provided interim guidance, in the form of a temporary enforcement policy, detailing how the newly required disclosures for participant-directed retirement plans could be deli... more
LawFlash/Client Alert | Employee Benefits and Investment Management LawFlash
Michael Richman, Steven Spencer, Craig Bitman, Donald Myers, Daniel Kleinman, I. Lee Falk, Steven Stone
On October 20, the Employee Benefits Security Administration of the U.S. Department of Labor (DOL) issued Advisory Opinion 2011-09A (AO 2011-09A), in which it concludes that relief under Prohibited Transaction Class Exemption 80... more
LawFlash/Client Alert | Employee Benefits and Investment Management LawFlash
Employee Benefits and Investment Management Practices
The U.S. Department of Labor (DOL) has adopted a final regulation to implement the statutory exemption from the prohibited transaction rules of the Employee Retirement Income Security Act of 1974, as amended (ERISA), for the pro... more
LawFlash/Client Alert | Employee Benefits LawFlash
Michael Richman, Daniel Kleinman
According to Department of Labor (DOL) officials, the agency will soon publish a "final" final regulation on required disclosures by plan service providers under the statutory prohibited transaction exemption provided by Section... more
LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice
In a much-anticipated decision, the U.S. Court of Appeals for the Second Circuit joined five other circuits in ruling that employer stock in a 401(k) plan is subject to a "presumption of prudence" that a plaintiff alleging fiduc... more
LawFlash/Client Alert | Employee Benefits LawFlash
Michael Richman, Donald Myers
On September 19, the U.S. Department of Labor (DOL) announced that it will repropose its pending regulation that would amend the definition of what constitutes "investment advice" for purposes of creating fiduciary status under ... more
LawFlash/Client Alert | Employee Benefits LawFlash
Michael Richman, Craig Bitman, Donald Myers, I. Lee Falk
When it published a final rule on disclosure requirements for participant-directed retirement plans in October 2010, the U.S. Department of Labor (DOL) reserved for further guidance whether this disclosure could be delivered in ... more
Outside Publication | Chapter
Deborah Davidson
Presentation | Speech
Deborah Davidson
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice
On January 14, the U.S. Department of Labor (DOL) published a final regulation on when participant contributions—amounts an employer has received from its employees or withheld from wages for contribution to an employee ben... more
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice
The Department of Labor (DOL) released revised model COBRA notices and additional supporting material (including FAQs) this week in response to the COBRA 65% assistance payment changes contained in the Department of Defense Appr... more
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice
On January 5, 2010, the Internal Revenue Service (IRS) issued Notice 2010-6 (Notice), which establishes a document correction program for nonqualified deferred compensation programs under section 409A of the Internal Revenue Cod... more
Presentation | Webinar
Saghi Fattahian, Andy Anderson
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice
On November 16, the Internal Revenue Service (IRS) issued final regulations with respect to options granted under an employee stock purchase plan (ESPP) under Section 423 of the Internal Revenue Code (the Code). The IRS also is... more
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice
A prior Morgan Lewis LawFlash addressed the proposed changes by RiskMetrics Group (RMG) (formerly Institutional Shareholder Services, or ISS) to its proxy advisory policies to be in effect for the 2010 proxy season. more
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice
On December 19, President Obama signed the Department of Defense Appropriations Act 2010 into law, and as a result, extended the COBRA American Recovery and Reinvestment Act of 2009 (ARRA) 65% assistance payment provisions adopt... more
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice
On November 16, the Internal Revenue Service (IRS) issued final regulations relating to the reporting requirements under Section 6039 of the Internal Revenue Code (the Code) for incentive stock options (ISOs) and employee stock ... more
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice
While it is still too early to tell whether the healthcare reform bills on Capitol Hill will ultimately become law-or collapse into bitter recriminations-it is already possible to pick out the core employer group health plan con... more
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice
While our nation's eyes are focused on Washington, D.C. and the continuing debate about healthcare reform, another year is drawing to a close-and there are many other developments that must be addressed by health and welfare pl... more
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice
The following checklist describes important issues for consideration as 2009 comes ta close and we enter int2010. Though not exhaustive, this list is intended tprovide a reminder of some of the issues that will need tbe consider... more