Morgan Lewis

Executive and Equity Compensation

Publications of Interest

47 Publications Found
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January 2008 Internal Revenue Code Section 409A: Ten Traps for the Unwary, BNA's Pension & Benefits Daily, Vol. 8, No. 4

Outside Publications | Article
Daniel Hogans

09/12/07 IRS Extends Section 409A Document Compliance Due Date Until December 31, 2008 with Significant Limitations; Action Required by December 31, 2007

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

On Monday, September 10, in Notice 2007-78 (the Notice), the IRS granted companies sponsoring deferred compensation plans limited additional transition relief for bringing documents into compliance with section... more

06/05/07 Final 409A Regulations: Equity Plans Issues

Presentation | Webcast
S. DiBernardo, Heather Brookfield, Zaitun Poonja

05/22/07 Final 409A Regulations: Severance and Distribution Issues

Presentation | Webcast
Heath Miller, Althea Day

05/15/07 Final 409A Guidance Regarding Deferred Compensation Plan Requirements: Overview of Final Section 409A Guidance

Presentation | Webcast
Amy Kelly, David Zelikoff, Mims Zabriskie

05/01/07 Final Regulations under Section 409A: Implications for Equity Compensation Arrangements

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

As reported in two previous LawFlashes, the IRS has issued final regulations (Final Regulations) under section 409A of the Internal Revenue Code, as amended (the Code) . The Final Regulations have an effective d... more

04/30/07 IRS Issues Final Regulations under Section 409A: Short-Term Deferrals, Severance Pay, Performance-Based Compensation, and Distributions

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

On April 10, 2007, the IRS issued final regulations (Final Regulations) relating to nonqualified deferred compensation plans under section 409A of the Internal Revenue Code, as amended (the Code). Our first LawFlash on t... more

04/13/07 Treasury and IRS Release Long-Awaited Final Regulations on Deferred Compensation Under Code Section 409A

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

On April 10, 2007, the Treasury Department and the IRS issued final regulations relating to nonqualified deferred compensation plans under section 409A of the Internal Revenue Code. Section 409A imposes restrictions on d... more

12/18/06 Employee Benefits Year-End Checklist

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

As 2006 comes to a close, clients’ immediate concern is what needs to be completed by year end. The following checklist describes year-end action items with respect to (1) executive compensation and equity compensation p... more

12/01/06 IRS Issues Guidance Regarding Deferred Compensation Income Reporting and Withholding: Action Required for 2005 and 2006

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

On November 30, 2006, the IRS, in Notice 2006-100, issued guidance related to reporting and wage withholding requirements for calendar years 2005 and 2006 with respect to deferred compensation arrangements under Section 409A... more

11/07/06 Morgan Lewis ESOP Team Expands Across the Country

LawFlash/Client Alert | Employee Benefits LawFlash
ESOP and Employee Benefits

Morgan Lewis is pleased to announce that it has expanded its ESOP Team in Chicago, San Francisco, and Washington, D.C., adding four new attorneys to the firm’s Employee Benefits and Executive Compensation and Business and Fi... more

11/01/06 Trends in Executive Compensation: The Changing Landscape and How Companies Are Responding, presented at the Tarrant County Bar Association Corporate Counsel Monthly Luncheon

Presentation | Speech
Erin Turley

10/05/06 Deferred Compensation Plan (Section 409A) Compliance Period Extended Until December 31, 2007

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

The IRS yesterday issued long-anticipated transition guidance (Notice 2006-79) as to the implementation of the new deferred compensation plan rules under Section 409A of the Internal Revenue Code. more

2006 Country Q&A: United States, Labor and Employee Benefits 2006/07, Volume 2: Employee Share Plans

Outside Publications | Chapter
Gary Rothstein

08/22/06 Pension Protection Act Rules for Defined Contribution Plans

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

On Thursday, August 17, 2006, President Bush signed into law the Pension Protection Act of 2006 (PPA). The PPA addresses numerous funding issues for single and multiemployer plans, new disclosure rules, and interest rate... more

07/27/06 Equity Compensation Plans Should Be Amended to Include Mandatory Antidilution Adjustment Provisions

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

We recommend that clients review their equity compensation plans immediately to determine whether the plans’ antidilution adjustment provisions should be amended as a result of changes made by FAS 123(R).

Most eq... more

July/August 2006 Proposed Section 409A Regs. Bring More Changes to Nonqualified Deferred Compensation, Taxation of Exempts

Outside Publications | Article
Gregory Needles

06/01/06 "Options Backdating" Issues Heat Up

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

As you have undoubtedly read recently, The Wall Street Journal and other media have been beating the drum loudly over whether public companies have “backdated” their options grants such that executives have reaped imp... more

02/22/06 Changes to Nonqualified Deferred Compensation Rules Applicable to Tax-Exempt Employers, presented at the ABA Health Law Section 7th Annual Conference on Emerging Issues in Healthcare Law, Tucson, AZ

Presentation | Speech
Gregory Needles

12/28/05 IRS Clarifies Valuation Rule For Options and SARs Under Section 409A

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

In a welcome gesture of holiday cheer, the IRS issued Notice 2006-4 on December 23, 2005 and clarified that the highly controversial valuation rules for options and stock appreciation rights (SARs) set forth in proposed... more

12/19/05 Option Backdating: What to Do Before the SEC Comes Calling

Presentation | Webcast
Christian Mixter, S. DiBernardo, Thomas Kellerman

12/13/05 IRS Suspends Deferred Compensation Reporting and Withholding Requirements

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

The Internal Revenue Service (IRS) issued Notice 2005-94 on December 8, 2005, which suspends the deferred compensation reporting requirements imposed under Section 409A of the Internal Revenue Code (the Code) for the 20... more

11/15/05 Defined Benefit Plan: Year-End Roundup Presentation

Presentation | Webcast
Employee Benefits

11/08/05 Section 409A Distribution Issues, Severance Pay and Year-End Checklist

Presentation | Webcast
Craig Bitman, David Zelikoff, Mims Zabriskie

11/04/05 Section 409A Year-End Checklist

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

Many of our clients are asking us the same question: “What do we need to do by December 31, 2005 to comply with section 409A?”

The new requirements relating to deferred compensation under section 409A o... more

11/01/05 Proposed Regulations on Nonqualified Deferred Compensation Under IRC 409A

Presentation | Webcast
S. DiBernardo, Heather Brookfield, Mims Zabriskie

Equity Plan Issues Presentation

10/27/05 Proposed Regulations on Nonqualified Deferred Compensation under IRC 409A

Presentation | Webcast
John Ferreira, Zaitun Poonja, Claudia Hinsch

10/19/05 Recent 409A Guidance Regarding Deferred Compensation Plan Requirements

Presentation | Webcast
David Zelikoff

10/12/05 Treasury and IRS Issue Proposed Regulations under Section 409A — Severance Pay, Performance-Based Compensation and Distributions

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

As we reported in two previous LawFlashes, Treasury and the IRS recently issued proposed regulations under section 409A of the Internal Revenue Code, as amended (the Code), which provide guidance on nonqualified deferre... more

10/05/05 The New Section 409A Guidance — Implications for Equity Compensation Arrangements

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

The most recent round of guidance furnished by the Treasury Department and the Internal Revenue Service with respect to deferred compensation arrangements under section 409A of the Internal Revenue Code provides a numbe... more

10/05/05 Treasury and IRS Release Long-Awaited Guidance on Deferred Compensation Rules under Code Section 409A — Certain Actions Necessary Before Year-End

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

On September 29, the Treasury Department and the IRS issued comprehensive proposed guidance for implementing and administering non-qualified deferred compensation plans, which are governed by section 409A of the Interna... more

08/08/05 Pennsylvania Adopts Federal Treatment of Nonqualified Deferred Compensation Plans

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

As reported in a prior LawFlash, the Commonwealth Court of Pennsylvania, in Ignatz v. Commonwealth of Pennsylvania , 849 A.2d 308 (Pa. Commw. Ct. May 12, 2004), upheld assessments of Pennsylvania personal income... more

06/28/05 June 30 Deadline for Deferred Compensation Elections

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

As discussed in a prior LawFlash, Section 409A of the Internal Revenue Code of 1986, as amended, which was added by the American Jobs Creation Act of 2004, provides that beginning on January 1, 2005, elections to defer ... more

04/29/05 Update on Retirement and Deferred Compensation Planning for Exempt Organizations - Georgetown University Law Center Continuing Legal Education, Washington, D.C.

Presentation | Speech
Gregory Needles

04/28/05 Update on Employee Benefits, presented at Georgetown University Law Center, Washington, D.C.

Presentation | Speech
Carolyn Ward

03/16/05 "Deferred Compensation following the American Jobs Creation Act of 2004: What EO Practitioners Need to Know;" presented to the D.C. Bar Taxation Section, D.C. Bar Sections Office, Washington, D.C.

Presentation | Speech
Althea Day

03/09/05 The Impact of the New Deferred Compensation Legislation Upon Equity Compensation and Cash Incentive Programs

Presentation | Webcast
S. DiBernardo, Zaitun Poonja

02/25/05 Deferred Compensation Election Deadline – March 15, 2005; New Supplemental Withholding Rules for Compensation in Excess of $1 Million

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

As noted in our prior LawFlashes, the recent Internal Revenue Service (IRS) guidance (Notice 2005-1) with respect to implementation of the new deferred compensation restrictions set forth in Section 409A of the Internal... more

02/17/05 Deferred Compensation Issues: Election Timing, Distribution Events and Severance

Presentation | Webcast
Amy Kelly, Joseph Ronan, Jr., David Zelikoff, Mims Zabriskie

January 2005 Initial 409A Guidance Issued Providing Liberal Transition Relief for Deferred Compensation Plans

White Paper | Morgan Lewis White Paper
Joseph Ronan, Jr.

On December 20, 2004, the Internal Revenue Service released its initial guidance concerning the recently enacted federal tax laws affecting nonqualified deferred compensation plans. Contained in the American Jobs Creatio... more

01/05/05 Treasury Issues Guidance Implementing New Deferred Compensation Rules

LawFlash/Client Alert | Employee Benefits LawFlash
Joseph Ronan, Jr.

As previously reported, the American Jobs Creation Act of 2004 was enacted in October 2004. It revised U.S. tax law dramatically with respect to the structure and operation of deferred compensation plans, inclu... more

12/30/04 Impact of New Deferred Compensation Tax Rules on Severance Pay Arrangements

LawFlash/Client Alert | Employee Benefits LawFlash
Joseph Ronan, Jr.

The American Jobs Creation Act of 2004, enacted in late October, added new Section 409A to the Internal Revenue Code, which significantly changes the taxation of nonqualified deferred compensation plans. Sectio... more

12/22/04 New Deferred Compensation Rules: How the Newly Released IRS Guidance May Affect You

Presentation | Webcast

Initial 409A Guidance

11/09/04 American Jobs Creations Act: How It Affects Deferred Compensation

Presentation | Webcast
Althea Day, Gary Rothstein

11/04/04 Innovative ESOP Transactions, presented at the ESOP Association Conference, Las Vegas

Presentation | Speech
Scott Adamson

10/28/04 American Jobs Creation Act: How it Affects Deferred Compensation

Presentation | Webcast
Mims Zabriskie

10/15/04 New Federal Legislation Will Require Review of Deferred Compensation Plans

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

The nonqualified deferred compensation legislation that has been under consideration in Congress sporadically for several years is now a reality, pending the President’s expected signature. Generally effective ... more

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