Morgan Lewis

Employee Benefits & Executive Compensation Publications of Interest

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Related Publications

05/10/12 Department of Labor Releases Guidance on New Disclosure Rules
Guidance contains clarifications of participant-level disclosures and "good faith" standard for enforcement purposes.
04/30/12 Preparing for the U.S. Supreme Court’s Healthcare Decision
By taking a number of interim steps, employer group health plans can position themselves to respond quickly and appropriately—whether healthcare reform is upheld, partially upheld, or struck down.
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Upcoming Speaking Events

06/08/12 64th Annual Virginia Conference on Federal Taxation Charlottesville, VA
Mary Hevener, speaker, "Tax Issues—Worker Clarification Issues and Independent Contractors"
06/14/12-06/15/12 ALI-ABA Course of Study: Executive Compensation: Strategy, Design, and Implementation New York
Daniel Hogans, presenter, "Navigating Recurrent Tax Issues: Latest on Sections 409A and 162(m)"; Mary Hevener, presenter, "State Tax Issues"
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Related News

02/13/12 Morgan Lewis Picks Up Dodd-Frank Pro, ERISA Partners, Law360
The arrival of new partners Marla J. Kreindler, Julie K. Stapel, and Michael M. Philipp is covered.
02/09/12 Morgan Lewis Continues Chicago Expansion with Two ERISA Fiduciary Partners
Morgan Lewis today announced that Marla J. Kreindler and Julie K. Stapel—two well-known ERISA fiduciary lawyers—have joined the firm as partners in its Employee Benefits and Executive Compensation practice, resident in Chicago.
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Fast Facts

More than 80 lawyers and other benefits professionals

More than 100 interdisciplinary practice attorneys from our investment management, securities, business and finance, and labor and employment practices

12 attorneys listed in Chambers USA: America's Leading Business Lawyers (2011)

7 fellows of the American College of Employee Benefits Counsel

851 Publications Found
03/29/12 Code Section 409A: Revisiting the Basics

Presentation | Webinar
Althea Day

On March 29, 2012, Morgan Lewis presented the first installment in the 409A Basics Webinar Series, which discussed the basics of Section 409A. Topics discussed included: Arrangements subject to, and excluded from, S... more

03/28/12 Uniform Summary of Benefits and Coverage Under the ACA

Presentation | Webinar
Saghi Fattahian, Andy Anderson

As they prepare for open enrollment this fall, group health plan sponsors and insurers have a lot of work to do to make sure they are in compliance with the final Summary of Benefits and Coverage (SBC) rules. The recently issu... more

03/21/12 HIPAA/HITECH Enforcement Action Alert

LawFlash/Client Alert | Employee Benefits LawFlash
Lauren Licastro

Health plan agrees to pay $1.5 million following HHS investigation of self-reported data breach.

03/21/12 Plan Sponsor Basics Webinar Series: Funding-Based Restrictions on Single-Employer Defined Benefit Plans

Presentation | Webinar
Claudia Hinsch, Brian Dougherty

Brian Dougherty, Claudia Hinsch, and Susan Lastowski, panelists

03/13/12 Summaries of Benefits and Coverage Due This Fall

LawFlash/Client Alert | Employee Benefits LawFlash
Saghi Fattahian, Lauren Licastro, Andy Anderson

Final regulations provide detail on the format, content, and delivery standards group health plan sponsors and insurers must follow when issuing this information.

03/08/12 Managing the Global Workforce Series: The United Kingdom and European Union Countries

Presentation | Webinar
A. James Vázquez-Azpiri, Tram-Anh Frank, François Vergne, Matthew Howse, Tony Mou, Mark Zelek, Eleanor Pelta, Walter Ahrens, Denise Backhouse, Zaitun Poonja

Morgan Lewis presented the first of a four part webinar sessions moderated by Morgan Lewis's International Labor and Employment team leader, Mark E. Zelek, entitled "Getting the Deal Through Labour & Employment 2011 - Man... more

02/14/12 The Hidden Employee Benefit Liabilities of Private Equity Investments

Presentation | Webinar
Craig Bitman, Amy Kelly, Althea Day

February 2012 Unique Challenges of Compensating Executives in Tax-Exempt Organizations, presented for a BNA webinar

Presentation | Webinar
Mark Simons

02/08/12 ERISA Service Provider and Enhanced Participant Disclosures: Near-Term Requirements and Long-Term Consequences—408(b)(2) Final Regulations Released

Presentation | Webinar
I. Lee Falk, Azeez Hayne

Morgan Lewis presented a one-hour webinar discussing what plan sponsors should be doing with service provider disclosures and how they are dealing with enhanced participant disclosures. Topics discussed included: W... more

02/08/12 Final DOL 408(b)(2) Disclosure Regulation

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.

02/02/12 DOL Releases Final 408(b)(2) Disclosure Regulation

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.

01/12/12 Independent Contractors: What You Should Know from Inside the Beltway

Presentation | Webinar
Claudia Hinsch, David Fuller, Michael Puma

Morgan Lewis presents the second webinar in our two-part series discussing the treatment of independent workers by the legislative and executive branches, including proposed independent contractor legislation and developments... more

01/12/12 Updated Guidance on Form W-2 Reporting of Healthcare Coverage

LawFlash/Client Alert | Employee Benefits LawFlash
Andy Anderson

Expanded guidance clarifies the types of plans and amounts that must be reported and requires employers to take additional steps to meet their Form W-2 reporting obligations.

12/21/11 Group Health Plans: Year-End Action Items, Upcoming Changes

LawFlash/Client Alert | Employee Benefits LawFlash
Andy Anderson

As 2011 closes, plan sponsors of group health plans turn their attention to continued viability of grandfathered plan status, identifying insured plans that may be discriminatory, compliance with new claims and appeals rules, and W-2 reporting of the value of health coverage in 2012.

12/16/11 IRS Offers Temporary Relief to IRA Owners; Awaits DOL Guidance

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.

12/14/11 Congress’s Challenges to the Use of Independent Contractors

Presentation | Webinar
Timothy Lynch, David Fuller

Morgan Lewis presents part one of our webinar series discussing the treatment of independent workers by the legislative and executive branches, including proposed independent contractor legislation and developments from the I... more

12/12/11 DOL Clarifies Electronic Fee Disclosure Guidance

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

12/06/11 DOL Calls into Question Whether Boilerplate Indemnification Language in an IRA Brokerage Agreement Constitutes a Nonexempt Prohibited Transaction

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

11/28/11 DOL Adopts Final Regulation on Exemption for Participant-Level Investment Advice

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

11/28/11 Significant Changes to San Francisco Health Care Security Ordinance Require Immediate Employer Action; ERISA Preemption Controversy Reopened

LawFlash/Client Alert | Employee Benefits LawFlash
Andy Anderson

Last week, San Francisco Mayor Ed Lee signed legislation that significantly revises parts of the city's Health Care Security Ordinance (Ordinance). In particular, the revised Ordinance imposes detailed design and administrative... more

11/18/11 HIPAA Privacy and Security Audit Program Begins This Month

LawFlash/Client Alert | Advertising, Consumer Protection, and Privacy LawFlash
Lauren Licastro, W. Reece Hirsch, Andy Anderson

HIPAA-covered entities, including employer health plan sponsors, should watch the mail for a letter from the Office for Civil Rights (OCR). The Health Information Technology for Economic and Clinical Health (HITECH) Act requ... more

11/17/11 Tax-Qualified Retirement Plans: Amendments and Other Year-End Action Items

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

The end of the year marks the deadline for many tax and other qualification requirements for qualified retirement and savings plans. It is important that plan sponsors review whether any qualified plan action items must be addr... more

11/11/11 SEC Staff Grants No-Action Relief on Compliance with ERISA Disclosure Rule

LawFlash/Client Alert | Employee Benefits and Investment Management LawFlash
Michael Richman, Thomas Harman, Donald Myers, David Sirignano

The Division of Investment Management of the U.S. Securities and Exchange Commission (SEC) recently issued a no-action letter to the U.S. Department of Labor (DOL), taking the position that disclosures required by a DOL regulati... more

11/08/11 Service Providers to ERISA Plans: DOL’s New Disclosure Regulations Are Imminent—Are You Ready?

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

10/28/11 Second Circuit's Citigroup Decision Endorses Presumption of Prudence, Upholds Dismissal of Disclosure Claims

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