Publications of Interest > Employee Benefits & Executive Compensation > Employee Benefits > Practices : Morgan, Lewis & Bockius

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
Marianne Yudes, I. Lee Falk, Azeez Hayne

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, Marianne Yudes, 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

10/26/11 Plan Sponsors: The (Year) End Is Near!

Presentation | Webinar
John Ferreira, Nguyen Trinh

10/04/11 Buying Union-Staffed Companies: What Private Equity Firms Must Know and Do (a Dow Jones webinar)

Presentation | Webinar
Craig Bitman, Stanley Lechner

Important details on the risk management issues and genuine opportunities, from the business and union perspectives, for private equity deal makers buying unionized companies.

10/04/11 IRS Provides Tax Relief for Employer-Provided Cell Phones—But Questions Remain

Presentation | Webinar
Vicki Nielsen, David Fuller, Mary Hevener

10/04/11 Refining E-Delivery Of Retirement Plan Disclosure, Law360

Outside Publication | Article
Michael Richman, Donald Myers

10/03/11 Adverse Tax Consequences for Certain Executives Covered by Nonqualified Deferred Compensation Plans as a Result of Defined Benefit Plan Funding Status

LawFlash/Client Alert | Employee Benefits LawFlash
Mims Zabriskie, Leslie DuPuy, Althea Day

Provisions added to the Internal Revenue Code (the Code) by the Pension Protection Act of 2006 (the PPA), which went into effect on August 17, 2006, could impose adverse tax consequences on executives of publicly traded companie... more

09/28/11 404(c) Compliance

Presentation | Webinar
Marianne Yudes, Lisa Barton

09/21/11 DOL Announces Intent to Repropose Rule on Definition of "Fiduciary"

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

09/19/11 IRS Issues Guidance Permitting Tax-Free Treatment of Employer-Provided Cell Phones and PDAs

LawFlash/Client Alert | Employee Benefits LawFlash
Jerry Holmes, Vicki Nielsen, David Fuller, Mary Hevener

The Internal Revenue Service (IRS) provided welcome and practical relief to businesses with the September 14 release of Notice 2011-72 (the Notice), which eliminates all recordkeeping requirements in connection with employer-pro... more

09/15/11 DOL Releases Interim Guidance on Electronic Delivery of Participant-Directed Retirement Plan Disclosure

LawFlash/Client Alert | Employee Benefits LawFlash
Michael Richman, Marianne Yudes, 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

08/26/11 New Summary of Benefits and Coverage Required for Health Plans in 2012

LawFlash/Client Alert | Employee Benefits LawFlash
Lauren Licastro

On August 22, the Departments of Treasury, Labor, and Health and Human Services (the Departments) jointly published proposed regulations on the new Summary of Benefits and Coverage (SBC) that insurers and group health plan admin... more

08/04/11 SEC Delays Planned Adoption Date for Several Executive Compensation Provisions Under the Dodd-Frank Act

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

On July 29, the Securities and Exchange Commission (SEC) extended its timeline for issuing rules with respect to various Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) provisions applicable to execut... more

07/12/11 Form W-2 Healthcare Reporting Requirements

Presentation | Webinar
Vicki Nielsen, Andy Anderson

07/08/11 New York Same-Sex Marriages: Reviewing the Potential Effects of State Same-Sex Marriage Laws on Employee Benefit Plans

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

On July 24, New York's Marriage Equality Act will become effective, making New York the sixth and largest state to recognize same-sex marriage. [1] Specifically, New York's Marriage Equality ... more

07/07/11 New Guidance Related to Form W-2 Reporting Requirements

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

The Patient Protection and Affordable Care Act (Affordable Care Act or ACA) places various new reporting and disclosure requirements on employers, group health plans, and plan administrators. One such ACA requirement relates to... more

06/29/11 IRS Issues Proposed Regulations Clarifying Performance-Based Equity Compensation Exception to Section 162(m)

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

On June 24, the Internal Revenue Service (IRS) issued proposed regulations clarifying the scope of the performance-based compensation exception to the $1 million deduction limit under Internal Revenue Code (Code) Section 162(m).... more

06/23/11 Change in Control (Webinar Series)

Presentation | Webinar
David Calder, Randall McGeorge, Amy Kelly, Mary Hevener

06/16/11 Change in Control (Webinar Series)

Presentation | Webinar
Mims Zabriskie, Justin Chairman, Patrick Rehfield, David Zelikoff

06/14/11 HHS Issues Proposed Rule; Creates New Access Report Obligations and Amends Existing Accounting of Disclosures Provisions

LawFlash/Client Alert | Life Sciences and Healthcare LawFlash
FDA & Healthcare, Life Sciences, and Employee Benefits Practices

On May 31, the U.S. Department of Health and Human Services (HHS) released a notice of proposed rulemaking (Proposed Rule) creating a new requirement that covered entities produce an "access report" informing individuals of all ... more

06/14/11 Worker Classification: Federal Tax Considerations

Presentation | Webinar
Claudia Hinsch, David Fuller

06/13/11 FASB Modifies Proposed Multiemployer Plan Participation Disclosures

LawFlash/Client Alert | Employee Benefits and Labor and Employment LawFlash
Employee Benefits and Labor and Employment Practices

At its meeting on May 31, the Financial Accounting Standards Board (FASB) tentatively agreed that it will not require employers to disclose an estimate of withdrawal liability for each material multiemployer defined benefit pl... more

06/09/11 Overview of ERISA’s Fiduciary Requirements: Retirement Plan Sponsor Considerations

Presentation | Webinar
Claudia Hinsch, R. Tracht

05/24/11 Handling the Repurchase Obligation: Legal Issues, presented for an NCEO Webinar

Presentation | Speech
Brian Hector

05/23/11 HITECH Ushers in Era of Higher Penalties Under HIPAA, Pittsburgh Post-Gazette (read the article)

Outside Publication | Article
Lauren Licastro

05/17/11 S Corporation ESOPs - Legal Issues (an NCEO webinar)

Presentation | Webinar
Brian Hector

05/03/11 Executive Compensation, presented at the BDO Seidman Alliance Conference, Las Vegas, Nevada

Presentation | Speech
John Kober

04/29/11 Benefit or “B” Corporations: What Are They? Are They Right for You?, presented at the 25th Annual Ohio Employee Ownership Conference, Akron, OH

Presentation | Speech
Brian Hector

04/29/11 U.S. District Court Finds No Fiduciary Breach for Change in Qualified Default Investment Alternative

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

The U.S. District Court in the Western District of Kentucky recently ruled in favor of plan fiduciaries that adopted a qualified default investment alternative (QDIA) for an employer's tax-qualified retirement plans. In Bidwel... more

04/26/11 Becoming an S Corporation ESOP (an NCEO webinar)

Presentation | Webinar
Brian Hector

04/19/11 ESOPs & Government Contractors: A Winning Combination

Presentation | Webinar
Michael Holzman

04/14/11 Who Should Act as Your ESOP Trustee? Internal vs. External, presented at the NCEO/Beyster Institute Employee Ownership Conference, Denver, CO

Presentation | Speech
Brian Hector

03/03/11 HITECH Ushers in Era of Higher Penalties Under HIPAA

LawFlash/Client Alert | Employee Benefits LawFlash
Lauren Licastro

Two recent actions by the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) suggest we have entered a new era of more stringent enforcement of the privacy and security standards under the Health In... more

March 2011 Deferred Compensation, Guide to Federal Tax Issues for Colleges and Universities (Atlantic Information Services, Inc. and National Association of College and University Business Officers) 1000 et seq.

Outside Publication | Chapter
Gregory Needles

02/16/11 Say-on-Pay: Practical Proxy Advice

Presentation | Webinar
Mims Zabriskie, Linda Griggs, George Yearsich

02/03/11 Globalizing Your Workforce

Presentation | Webinar
Zaitun Poonja, Craig Bitman, A. James Vázquez-Azpiri, Tram-Anh Frank, Barton Bassett

02/01/11 SEC Issues Final Rules Regarding Say-On-Pay and Golden Parachute Requirements Under the Dodd-Frank Financial Reform Act

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

On January 25, the Securities and Exchange Commission (SEC) issued final rules (the Final Rules) to implement the requirements in the Dodd-Frank Wall Street Reform and Consumer Protection Act (the Act) that companies provide to ... more

01/31/11 ERISA Fiduciary Responsibility and Disclosure Issues for 2011: Regulatory, Compliance, and Legislative Outlook

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

This past year was an active year for developments in the fiduciary responsibility and disclosure areas of the Employee Retirement Income Security Act of 1974, as amended (ERISA). This LawFlash reviews the new and proposed regu... more

12/22/10 Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010

Presentation | Webinar
Timothy Lynch, David Fuller, Mary Hevener

12/21/10 DOL Proposes Disclosure Rules for Target Date Retirement Funds

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

12/20/10 In-Plan Roth Conversion Rules Fleshed Out by Recent IRS Guidance

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

Section 401(k) and 403(b) plan sponsors may now allow certain participants to convert their accounts held under the plan to Roth accounts. This in-plan conversion will allow participants to include these amounts in gross income... more

12/09/10 The Department of Labor’s Recent Flurry of Fiduciary Regulations: New Obligations for Plan Fiduciaries and Plan Service Providers

Presentation | Webinar
Craig Bitman, Donald Myers, I. Lee Falk, Daniel Kleinman

12/07/10 Group Health Plans: Are You Ready for Healthcare Reform?

Presentation | Webinar
Lauren Licastro, Andy Anderson

12/06/10 Executive Compensation and Equity Compensation Plan Issues for Consideration as 2011 Approaches

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

The following checklist describes important executive compensation and equity compensation issues for consideration as 2010 comes to a close and we enter into 2011. Though not exhaustive, this list is intended to provide a remin... more

12/03/10 Group Health Plans: Are You Ready for Healthcare Reform?

LawFlash/Client Alert | Employee Benefits LawFlash
Lauren Licastro

As the end of the year approaches, employers are preparing to implement new requirements for calendar-year group health plans under the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation ... more

12/03/10 Health Care Reform: Pre-2014 Employer Group Health Plan Considerations, presented at the BCBS National Tax Conference, Chicago

Presentation | Speech
Andy Anderson

11/30/10 Final and Proposed Regulations on Hybrid Pension Plans

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

On October 19, the Internal Revenue Service (IRS) published final and proposed regulations for hybrid pension plans, which include cash balance and pension equity plans. These regulations provide guidance on changes made b... more

11/15/10 SEC Issues Proposed Rules Regarding Say-On-Pay and Golden Parachute Requirements Under the Dodd-Frank Financial Reform Bill

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

On October 18, the Securities and Exchange Commission (SEC) issued the first set of proposed rules (the Proposed Rules) to implement the executive compensation and related corporate governance requirements imposed on most public... more

11/03/10 IRS Announces Pension Plan Limitations On Benefits and Contributions for 2011

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

On October 28, the Internal Revenue Service (IRS) announced in a news release (IR-2010-108) the cost-of-living adjustments applicable to dollar limitations for defined benefit pension and defined contribution plans and other ite... more

11/01/10 DOL Proposes Significant Changes to “Investment Advice” Fiduciary Status Definition

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

In the October 22 edition of the Federal Register, the U.S. Department of Labor (DOL) published a proposed rule that would significantly revise its regulation on the definition of a "fiduciary" under the Employee Retirement In... more

10/29/10 Tax-Qualified Retirement Plans: Amendments and Other Year-End Action Items

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

As the end of the year approaches, it is important for plan sponsors to review whether any qualified plan actions must be taken prior to year-end. This LawFlash describes potential year-end notices and plan amendments that may ... more

10/26/10 DOL Releases Final Disclosure Regulations for Participant-Directed Individual Account Plans

LawFlash/Client Alert | Employee Benefits LawFlash
Michael Richman, Donald Myers

On October 14, the Department of Labor (DOL) released final regulations that will impose new requirements for the disclosure of fee and investment information to participants and beneficiaries in participant-directed individual ... more

10/14/10 Pennsylvania Law Provides Stringent Penalties for Misclassification of Construction Workers

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On October 13, the Pennsylvania Construction Workplace Misclassification Act (the Act) was signed into law by Pennsylvania Governor Edward Rendell. The Act is designed to curtail worker misclassification in the construction ind... more

10/12/10 Tax-Qualified Retirement Plans: Amendments and Other Year-End Action Items

Presentation | Webinar
John Ferreira, Lisa Barton

In this webcast, Morgan Lewis partners Lisa H. Barton and John G. Ferreira outlined potential required 2010 year-end qualified retirement plan amendments and participant notices. Topics discussed included: Required-law... more

10/01/10 Overview of the Employee Plans Compliance Resolution System (“EPCRS”), presented at the In-house Benefits Counsel Network Inaugural National Meeting, Washington, D.C.

Presentation | Speech
David Rosner

Morgan Lewis's David S. Rosner presented on "Overview of the Employee Plans Compliance Resolution System (... more

09/29/10 Congress “De-Lists” Cell Phones: What Does That Mean for Employer-Provided Cell Phones?

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

On September 27, President Obama signed into law the Small Business Jobs Act (H.R. 5297) (SBJA). Hidden in this legislation is much-needed relief to all businesses (small or large) and their employees concerning the business ... more

September 2010 Morgan Lewis Workforce Change Inside Business

Newsletter | Morgan Lewis Workforce Change Inside Business
Labor and Employment Practice and the Employee Benefits Practice

In this issue: Post-transaction Labor, Employment, and Employee Benefits Integration Issues Once a corporate transaction closes and the dust settles, companies can often be left with a laundry list of labor, employment,... more

09/16/10 Outsourcing Fiduciary Responsibility

Presentation | Webinar
Craig Bitman, Donald Myers

08/04/10 Financial Reform Bill: Impact on Executive Compensation, Corporate Governance, and Disclosure

Presentation | Webinar
Claudia Hinsch, Howard Meyers

07/23/10 Interim Final Rules Released on Preexisting Condition Exclusions, Lifetime and Annual Limits, Rescissions, Patient Protections, and Preventive Care

LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Andy Anderson

The federal agencies responsible for Healthcare Reform regulations have recently issued significant guidance, including several model notices, applicable to some of the provisions under the Patient Protection and Accordable Care... more

07/21/10 DOL Publishes Interim Final ERISA Regulation on Service Provider Disclosure Obligations

LawFlash/Client Alert | Employee Benefits LawFlash
Michael Richman, Donald Myers

On July 16, the long-awaited interim final regulation from the U.S. Department of Labor (DOL) on employee benefit plan service provider disclosure obligations under section 408(b)(2) of the Employee Retirement Income Security Ac... more

07/16/10 Financial Reform Bill Imposes Significant New Executive Compensation and Corporate Governance Requirements

LawFlash/Client Alert | Financial Regulatory Reform LawFlash
Joseph Ronan, Jr., Mims Zabriskie

Amendments to proxy disclosure rules and changes to executive compensation requirements will mean immediate changes for almost all publicly traded corporations.

07/15/10 Department of Labor Finalizes Conditions for Financial Institutions to Serve as QPAMs to Their In-House Plans

LawFlash/Client Alert | Employee Benefits LawFlash
Michael Richman, Donald Myers

In early July 2010, the Department of Labor (DOL) adopted amendments to the class exemption for qualified professional asset managers (QPAMs) to permit them to obtain exemptive relief for transactions for their in-house plans. ... more

07/06/10 Impact of Financial Reform Legislation on Employee Benefit Plans

LawFlash/Client Alert | Financial Regulatory Reform LawFlash
Michael Richman, Donald Myers, Thomas D'Ambrosio

Despite the presence of several exclusions for plans and plan-related services, employee benefit plans will feel the effects of the new regulatory requirements.

06/21/10 Interim Final Rules Released on Group Health Plan Grandfather Status Under Healthcare Reform Law

LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Andy Anderson

On June 14, federal agencies responsible for Healthcare Reform regulations issued interim final rules addressing grandfathering of health plans (the Rules) under the Patient Protection and Affordable Care Act of 2010 (PPACA), as... more

2010 Civil Procedure (Chapter 12, contributor), Employee Benefits Law (3d Edition, American Bar Association)

Outside Publication | Chapter
Deborah Davidson

2010 Ethics (Chapter 20, co-editor), Employee Benefits Law (3d Edition, American Bar Association)

Outside Publication | Chapter
Deborah Davidson

2010 Fiduciary Responsibility (Chapter 10, contributor), Employee Benefits Law (3d Edition, American Bar Association)

Outside Publication | Chapter
Deborah Davidson

06/11/10 The Early Retiree Reinsurance Program: Draft Application, Draft Instructions, and FAQs Have Been Posted

LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Marianne Hogan, Andy Anderson

The application process for the Early Retiree Reinsurance Program (ERRP), part of the Affordable Care Act, is starting to unfold. A draft application and draft instructions for certification under ERRP have been posted on the Off... more

Spring 2010 Why Complying with ERISA Section 404(c)'s Safe Harbor for Participant-Directed Investments Is Worth the Effort for Plan Sponsors and Fiduciaries," Benefits Law Journal, Vol. 23, No. 1

Outside Publication | Article
Deborah Davidson

06/03/10 Business Workshop: Hiring brings tax incentives, Pittsburgh Post-Gazette (read the article)

Outside Publication | Article
Lauren Licastro

05/27/10 Financial Reform Addresses Executive Compensation and Corporate Governance

LawFlash/Client Alert | Financial Regulatory Reform LawFlash
Marc Leone, Gary Rothstein

Proposed financial reform provisions move to address the perceived link between executive compensation and systemic risk by including substantive and procedural executive compensation requirements and imposing additional corporate governance and disclosure requirements.

05/19/10 Fiduciary Responsibility Under ERISA, presented at the ABA 24th Annual Institute on ERISA Basics, Chicago

Presentation | Speech
Deborah Davidson

05/18/10 IRS 401(k) Compliance Questionnaires Issued

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

On May 17, the Internal Revenue Service (IRS) initiated a 401(k) compliance review by sending questionnaires to 1,200 plan sponsors. [1] This is the first time that the IRS has undertaken suc... more

05/14/10 Dual Guidance Addresses Many Age 26 Adult Child Issues

LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Andy Anderson

Both the Internal Revenue Service (IRS) and the Tri-Agency Group (the IRS, the Department of Health and Human Services, and the Department of Labor) have released important new guidance on the operation and taxation of the age 2... more

05/14/10 HHS Releases Interim Final Regulations on Temporary Early Retiree Reinsurance Program

LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Andy Anderson

The Department of Health and Human Services (HHS) has released the first detailed guidance explaining the early retiree health benefit claim reinsurance program established under the Patient Protection and Affordable Care Act of... more

05/05/10 Roth 401(k) Contributions, Safe Harbor 401(k) Plans, and Automatic Enrollment Webinar

Presentation | Webinar
Amy Kelly

04/27/10 Healthcare Reform Law and Mandatory Compliance Programs

LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Scott Memmott, Howard Young

With the passage of the Patient Protection and Affordable Care Act of 2010, as amended by the Health Care Education Reconciliation Act of 2010 (the Healthcare Reform Law), Congress for the first time has mandated that a broad ra... more

04/21/10 New 50% Tax Credit/Cash Grant for Life Science Companies Requires Timely Determination of Eligibility and Application

LawFlash/Client Alert | Tax LawFlash
Gary Wilcox

The Patient Protection and Affordable Care Act of 2010, as amended by the Health Care and Education Reconciliation Act of 2010 (the Healthcare Reform Law), provides for a valuable new 50% tax credit or equivalent cash grant, for... more

04/19/10 Healthcare Reform Law: Comparative Effectiveness Provisions Concerning Healthcare Products and Services

LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Stephen Mahinka

The Patient Protection and Affordable Care Act of 2010, as amended by the Health Care and Education Reconciliation Act of 2010 (the Healthcare Reform Law), contains provisions supporting the development of comparative effectiven... more

04/15/10 Healthcare Reform Law: A New Regulatory Pathway for Biosimilar Biological Products

LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Kathleen Sanzo, Phoebe Mounts

The Patient Protection and Affordable Care Act of 2010, as amended by the Health Care and Education Reconciliation Act of 2010 (the Healthcare Reform Law), establishes an abbreviated licensure pathway for biosimilar biological p... more

04/15/10 Healthcare Reform Law: Impact on Pharmaceutical Manufacturers

LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Kathleen Sanzo

The Patient Protection and Affordable Care Act of 2010, as amended by the Health Care and Education Reconciliation Act of 2010 (the Healthcare Reform Law, or Law), will have a number of direct and indirect effects on pharmaceuti... more

04/14/10 Health Care Reform: Employer Group Health Plan Considerations Webinar

Presentation | Webinar
Saghi Fattahian, Andy Anderson

04/14/10 Healthcare Reform Law Leads to Significant Changes to the 340B Program

LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Washington Government Relations and Public Policy Practice

The Patient Protection and Affordable Care Act of 2010, as amended by the Health Care and Education Reconciliation Act of 2010 (the Healthcare Reform Law, or Law), provides for a number of significant revisions to the existing 3... more

04/14/10 Immediate Healthcare Reform Law Issues for Group Health Plans Come Into Sharper Focus

LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Saghi Fattahian, Andy Anderson

The Patient Protection and Affordable Care Act, as amended by the Health Care and Education Reconciliation Act of 2010 (the Healthcare Reform Law), creates a number of immediate issues for employer group health plans. Some o... more

04/13/10 Healthcare Reform Law Imposes New Tax and Other Requirements for Device Manufacturers

LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
M. Elizabeth Bierman, Michele Buenafe

The Patient Protection and Affordable Care Act of 2010, as amended by the Health Care and Education Reconciliation Act of 2010 (the Healthcare Reform Law), presents a number of new issues for medical device manufacturers. Devic... more

04/13/10 Healthcare Reform Law: Issues Affecting Hospitals and Health Systems

LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Andrew Ruskin, Albert Shay

The Patient Protection and Affordable Care Act of 2010, as amended by the Health Care and Education Reconciliation Act of 2010 (the Healthcare Reform Law), includes substantial changes that will affect how hospitals of all types... more

04/09/10 Healthcare Reform Law Cuts Medicare Advantage Payments and (Mostly) Increases Prescription Drug Program Payments

LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Joyce Cowan

The Patient Protection and Affordable Care Act of 2010 as amended by the Health Care and Education Reconciliation Act of 2010 (Healthcare Reform Law) makes substantial changes to the Medicare Part C Medicare Advantage (MA) and M... more

04/07/10 Healthcare Reform Law Requires Reasonable Break Times and Locations for Nursing Mothers

LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Michael Ossip

The Patient Protection and Affordable Care Act of 2010, as amended by the Health Care and Education Reconciliation Act of 2010 (the Healthcare Reform Law), includes a provision that requires employers to provide covered employee... more

April 2010 How to Sort Out Your Fringe Benefits Before the IRS Does, Employer's Guide to Fringe-Benefit Rules, Vol. 16, No. 10

Outside Publication | Article
Jerry Holmes, David Fuller

03/31/10 Healthcare Reform Law: Healthcare Fraud and Abuse and Program Integrity Provisions

LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Kathleen McDermott, Meredith Auten

The Patient Protection and Affordable Care Act of 2010, as amended by the Health Care and Education Reconciliation Act of 2010 (the Healthcare Reform Law), contains more than 32 sections related to healthcare fraud and abuse and... more

03/29/10 Healthcare Reform Law Delivers New Transparency Requirements for the Health Industry

LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Kathleen McDermott

The Patient Protection and Affordable Care Act of 2010 as amended by the Health Care and Education Reconciliation Act of 2010 (the Healthcare Reform Law) provides for a number of new transparency requirements for several health ... more

03/26/10 HIRE Act Tax Incentives for Employers

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

The Hiring Incentives to Restore Employment Act (the HIRE Act), signed into law on March 18, provides immediate tax incentives of up to $6,621 for each qualified employee that employers hire after February 3, 2010 and before Jan... more

03/25/10 Employer Group Health Plans Face Immediate Issues as Healthcare Reform Becomes Law

LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Employee Benefits Practice

The Patient Protection and Affordable Care Act (the Healthcare Reform Law) that President Obama signed into law on March 23 contains a number of items that will affect employer group health plans in the coming months-although ma... more

03/25/10 Healthcare Reform Law and Its Impact on Business: Ongoing Information and Analysis from Morgan Lewis

LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Washington Government Relations and Public Policy Practice

The Patient Protection and Affordable Care Act (the Healthcare Reform Law) that President Obama signed intlaw on March 23 contains a large number of provisions that will significantly affect businesses in the coming months and y... more

03/23/10 Introduction to Defined Benefit Plans

Presentation | Webinar
Robert Abramowitz

03/19/10 ESOPs Update, presented to the Employee Benefits Committe of the Chicago Bar Association, Chicago

Presentation | Speech
Brian Hector

03/18/10 ESOP Fiduciary Liability—Understanding the Risk and the Protection Available, presented at the 2010 Tri-State Regional ESOP Association, Pinehurst, NC

Presentation | Speech
Patrick Rehfield

03/17/10 Federal Contractors to Be Evaluated on Compliance with Labor, Environmental, and Tax Laws

LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Washington Government Relations and Public Policy Practice

The Obama administration is expected to present a new system for evaluating, and giving preference to, federal contractors based on their record of compliance with labor, environmental, tax, and other laws . This sweeping additi... more

03/10/10 Courts, IRS Weigh in on Mandatory Conversion of Terminated Participants’ ESOP Accounts

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

Plan sponsors of employee stock ownership plans (ESOPs) that have been submitted for a favorable determination letter know that the IRS is carefully reviewing plan provisions that provide for the mandatory conversion of a termin... more

03/09/10 April 30 EGTRRA Restatement Deadline Approaching for Defined Contribution Plan Documents

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

Plan sponsors are reminded that April 30, 2010 is the deadline for adopting preapproved master and prototype (M&P) and volume submitter (VS) defined contribution plan documents that have been updated to comply with the Econo... more

03/09/10 Section 162(m) Pitfalls

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

It's proxy season. For public companies that rely on the performance-based compensation exception to the $1 million annual deduction limit under section 162(m) of the Internal Revenue Code (Code), that means it's time to adopt ... more

03/05/10 New Law Extends, Makes Significant Changes to COBRA 65% Assistance Payment Rules; Requires New and Revised Notices

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

On March 2, President Obama signed the Temporary Extension Act of 2010 (the Act). The Act extends eligibility for COBRA 65% assistance payments through the end of March 2010, and also makes a number of significant changes to th... more

03/03/10 Section 162(m) Compliance Overview and Update 2010 Webinar

Presentation | Webinar
Daniel Hogans, Vicki Nielsen, Mary Hevener

03/02/10 DOL Proposes Rules on Investment Advice for 401(k) Plans and IRAs

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

On February 26, the U.S. Department of Labor (DOL) released reproposed regulations that would implement the prohibited transaction exemption for investment advice to participants in participant-directed individual account plans ... more

03/01/10 Quality Stores Breathes New Life into Tax Refunds for Severance Pay and SUB-Pay

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

Last week's federal district court decision in United States v. Quality Stores, Inc. , 2010 U.S. Dist. LEXIS 15825 (W.D. Mich. Feb. 23, 2010), should generate renewed interest and revive hopes throughout the country for several... more

02/16/10 401(k) Basics Webinar

Presentation | Webinar
Lisa Barton

February 2010 The Employment Tax National Research Project—Ripple or IRS Tsunami?, Employer's Guide to Fringe Benefit Rules (Thompson), Vol. 16, No. 8

Outside Publication | Article
Jerry Holmes, David Fuller

02/04/10 When Representations Regarding the Financial Condition of the Plan Sponsor Become Actionable Under ERISA

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

The U.S. District Court for the Northern District of California ruled in December 2009 that statements made by an officer of Delta Star, Inc. (Company) regarding the financial condition and anticipated performance of the Company... more

02/02/10 The Retirement Riddle and the Role of the Advisor, presented at a Federated Investors Symposium, New York

Presentation | Speech
Donald Myers

01/26/10 ESOP Hot Topics and Innovative Transactions, presented at the ESOP Association Mid-Atlantic Chapter Meeting, McLean, VA

Presentation | Speech
Michael Holzman

01/14/10 DOL Publishes Final Participant Contributions Regulation

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

01/14/10 DOL Releases Revised Model COBRA Notices, Additional Material

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

01/11/10 IRS Issues Document Corrections Program for Deferred Compensation Plans Under Code Section 409A

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

01/05/10 COBRA ARRA Extension: Better Late Than Never! Webinar

Presentation | Webinar
Saghi Fattahian, Andy Anderson

December 2009 IRS Issues Document Corrections Program for Deferred Compensation Plans Under Code Section 409A, Practical U.S./Domestic Tax Strategies, Vol. 9, No. 12, pp. 7–11

Outside Publication | Article
Daniel Hogans, Leslie DuPuy, Mims Zabriskie

12/24/09 IRS Issues Final Regulations Governing Options Granted Under Employee Stock Purchase Plans

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

12/23/09 RMG Finalizes 2010 Executive Pay Policy

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

12/22/09 COBRA ARRA 65% Assistance Payment Eligibility, Duration Extended

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

12/21/09 IRS Issues Final Regulations on Reporting Requirements for Incentive Stock Options and Employee Stock Purchase Plans

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

12/21/09 SEC Issues Final Guidance on Executive Compensation Disclosure

LawFlash/Client Alert | Securities and Executive Compensation LawFlash
Business and Finance Practice and Employee Benefits Practice

On December 16, the Securities and Exchange Commissioners adopted final amendments to the proxy disclosure rules to enhance compensation and other corporate governance disclosures. [1] The fi... more

12/17/09 Healthcare Reform: Core Concepts for Employer Group Health Plans

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

12/10/09 Health and Welfare Plans: 2009 Year-End Review

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

12/09/09 Executive Compensation and Equity Compensation Plan Issues for Consideration as 2010 Approaches

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

12/09/09 Health and Welfare Year-End Webinar

Presentation | Webinar
Andy Anderson

December 2009 Business to IRS: Treat Cell Phones As a De Minimis Benefit, Employer's Guide to Fringe-Benefit Rules, Vol. 16, No. 6

Outside Publication | Article
Vicki Nielsen, David Fuller

11/18/09 November 30, 2009 Is Deadline for Plan Sponsors to Finalize 2009 Required Minimum Distribution Procedures

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

On September 24, the Internal Revenue Service (IRS) issued Notice 2009-82, which provides for a November 30, 2009 deadline for defined contribution plan sponsors to finalize their required minimum distribution (RMD) waiver proc... more

11/17/09 Form 5500 Schedule C

Presentation | Webinar
Marianne Yudes, Daniel Kleinman

11/17/09 RiskMetrics Group Releases Proposed Changes to Proxy Advisory Policies for 2010 Proxy Season

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

Recently, RiskMetrics Group (RMG) (formerly Institutional Shareholder Services, or ISS) released proposed changes to its proxy advisory policies to be in effect for the 2010 proxy season. The comment period on the proposed poli... more

11/16/09 DOL Holds: Security Interest Creates IRA Prohibited Transaction

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

On October 27, the Employee Benefits Security Administration of the U.S. Department of Labor (DOL) released Advisory Opinion 2009-03A (Advisory Opinion), which could have implications for brokerage firms and other financial inst... more

11/12/09 IRS Grants Hybrid Pension Plan Relief on Timing of Amendments and Notices

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

On November 10, the IRS released Announcement 2009-82, which gives sponsors of cash balance and other hybrid pension plans additional time to bring their plans into compliance with the Pension Protection Act of 2006 (PPA) requir... more

11/11/09 Business Workshop: Payroll Tax Audits, Pittsburgh Post-Gazette (click here to read the article)

Outside Publication | Article
John Ferreira

11/09/09 Department of Labor Issues Supplemental FAQs about the 2009 Form 5500 Schedule C Fee Disclosure Rules

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

On October 23, the U.S. Department of Labor (DOL) released its much-anticipated guidance on how to complete the new Schedule C to Form 5500. The new Schedule C must be used to report certain direct and indirect compensation rec... more

11/06/09 IRS Announces Retirement Plan Limitations on Benefits and Contributions

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

On October 15, the Internal Revenue Service (IRS) announced in a news release (IR-2009-094) the cost-of-living adjustments to be applicable to dollar limitations for defined benefit pension and defined contribution plans and oth... more

11/04/09 Executive Compensation in Transition: What’s In? What’s Out? presented at the Business Lawyers’ Institute, Philadelphia

Presentation | Speech
Mims Zabriskie

11/02/09 FMLA Servicemember Leave Provisions Expanded

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

Last week, President Obama signed into law the Department of Defense Authorization Conference Report (DoD Authorization Law), P.L. No. 111-84, which, among other things, amends the Family and Medical Leave Act (FMLA) to do the fo... more

11/02/09 Litigators Beware: Late Reporting of Payments to Medicare Claimants May Result in Significant Penalties and Double Payments

LawFlash/Client Alert | Cross-Practice Alert
Litigation, Labor and Employment, FDA and Healthcare, and Employee Benefits Practices

If you, like many litigators, saw the word "Medicare" in the title above and were about to hit the "delete" button, please stop and read further-this alert has important information for you. As their January 1, 2010 effectiv... more

10/29/09 New Internet Posting Requirement for IRS Form 5500 Actuarial Information

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

Sponsors of defined benefit pension plans are now required to post certain information from IRS Form 5500 on their internal company intranets. This posting requirement was added by the Pension Protection Act of 2006 (PPA) effec... more

10/28/09 HIPAA/HITECH Breach Notification and Reporting Webinar

Presentation | Webinar
W. Reece Hirsch, Georgina O'Hara

10/26/09 IRS Mounts Major Payroll Tax Audit Initiative of 6,000 Companies

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

The Internal Revenue Service (IRS) has quietly unveiled its most significant audit initiative in decades—an initiative the IRS confirmed last week with little fanfare even though its expansive scope will target the federal... more

10/21/09 Year-End Regulatory Update Webinar

Presentation | Webinar
John Ferreira, Andy Anderson

10/16/09 New GINA Regulations Severely Hamper Health Risk Assessments

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

New interim final regulations issued under the Genetic Information Nondiscrimination Act of 2008 (GINA) require employers to quickly evaluate and implement the new regulations before the 2010 plan year, especially with regard to... more

10/16/09 The Roles of the ESOP Trustee in the ESOP Valuation Process, presented at the ESOP Association Mid-Atlantic Chapter Conference, Charlottesville, VA

Presentation | Speech
Michael Holzman

10/15/09 Fiduciary Best Practices

Presentation | Speech
Michael Holzman

October 2009 COBRA Strikes Again: ARRA Issues At Open Enrollment and Year-End, ABA Health eSource, Vol. 6, No. 2 (click here to read the article)

Outside Publication | Article
Andy Anderson

09/30/09 Year-End Plan Sponsor Webinar

Presentation | Webinar
Havilah Gebhart

09/29/09 IRS and Treasury Release New Guidance Aimed at Improving Retirement Savings

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

On September 5, the Internal Revenue Service (IRS) and the Department of Treasury issued new guidance as part of the Obama administration's initiatives aimed at retirement and savings. The guidance, issued in the form of four n... more

09/25/09 Workplace Challenges of Influenza (Seasonal and H1N1)

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

As the annual influenza season approaches, the U.S. Department of Health and Human Services’ Centers for Disease Control (CDC) has released its Guidance for Business and Employers to Plan and Respond to the 2009-2010 F... more

09/24/09 The ABCs of ESOPs: A Tax-Favored Strategy for Business Owners, presented at a Morgan Lewis Seminar, New York

Presentation | Speech
Brian Hector

09/22/09 Year-End Plan Sponsor Webinar

Presentation | Webinar
Havilah Gebhart

09/18/09 Tax-Qualified Retirement Plans: Year-End Action Items and the HEART Act

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

As fall approaches, it is important for plan sponsors to review whether any qualified plan action items must be addressed prior to year-end. The following checklist describes potential year-end amendments and notices that may b... more

09/15/09 Department of Labor Permits Use of Summary Prospectus to Meet Section 404(c) Prospectus Delivery Requirements

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

On September 8, the U.S. Department of Labor (the DOL) issued EBSA Field Assistance Bulletin No. 2009-3, which addresses whether a plan fiduciary may use a mutual fund's summary prospectus to satisfy its prospectus delivery... more

09/09/09 Business Workshop: Mini-COBRA Rules, COBRA Penalty, Pittsburgh Post-Gazette (click here to read the article)

Outside Publication | Article
Lauren Licastro

09/03/09 Introduction of the ESOP Promotion and Improvement Act of 2009

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

ESOP-owned businesses received encouraging news this month when the ESOP Promotion and Improvement Act of 2009 (S. 1612) (the Act) was introduced on August 6 by Senator Blanche L. Lincoln (D-Ark.). Senator Mary L. Landrieu (D-L... more

09/02/09 New HIPAA Breach Notification Regulations Issued by HHS under the HITECH Act

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

On August 24, the Department of Health and Human Services (HHS) published regulations (the Breach Notification Regulations or Regulations) that impose significant new breach notification obligations upon "covered entities" and "... more

08/04/09 Pennsylvania Adopts Mini-COBRA Requirements for Small Employers with Insured Medical, Hospital, or Surgical Benefits

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

Background Federal COBRA rules only apply to employers with 20 or more employees. However, 39 states and the District of Columbia have various mini-COBRA rules in their state insurance codes that apply to small businesses (u... more

07/31/09 Introduction to ESOPs, presented to KippsDeSanto & Co., Tysons Corner, VA

Presentation | Speech
Michael Holzman

07/22/09 DOL Issues Transitional Relief for 403(b) Plan 5500 Annual Reporting and Audit Requirements

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

On July 20, the U.S. Department of Labor (DOL) released Field Assistance Bulletin 2009-02 (the FAB), which included certain transitional relief for 403(b) plan administrators who make a good faith effort to comply with the Form ... more

07/22/09 The Effect of Proxy Issues on Executive Compensation Webinar: A Review of the Recent Proxy Season and What You Should Be Considering Now

Presentation | Webinar
Linda Griggs, Gary Rothstein

Morgan Lewis's Benjamin Delancy, Linda Griggs, and more

07/21/09 SEC Proposal on Executive Compensation and Corporate Governance Disclosure Requirements and Proxy Solicitation Rules

LawFlash/Client Alert | Securities and Executive Compensation LawFlash
Business and Finance Practice and Employee Benefits Practice

On July 10, the Securities and Exchange Commission (SEC) issued a release proposing various rule amendments that would add or revise executive compensation and corporate governance disclosures in proxy and information statements... more

07/14/09 Employee Incentive Strategies for Private Venture-Backed Companies

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

All venture-backed companies confront employee incentive issues as they evolve from start-ups to fully integrated companies. To advance a venture-backed company to its next phase of growth, founders and venture capitalists (VCs... more

06/25/09 ESOP Plan Sponsor Held Liable for Issuance of 10-Year Note to Satisfy Repurchase Obligation

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

In a case recently decided by a federal district court in Indiana, Craig v. Smith , 2009 WL 438635 (S.D. Ind. Feb. 20, 2009), Ontario Corporation was held to have violated ERISA by issuing a 10-year promissory note in payment fo... more

06/25/09 Federal Court Denies ESOP Participant Claims for Breach of Fiduciary Duty

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

On May 20, the U.S. District Court for the Eastern District of Missouri, on a motion to dismiss, ruled that in order to succeed on a breach of fiduciary duty claim, the complaint must state that the defendant was acting in his c... more

06/18/09 Morgan Lewis Team Wins Second Post-Enron ERISA “Stock Drop” Trial for Tellabs

LawFlash/Client Alert | Labor and Employment LawFlash
Deborah Davidson, Sari Alamuddin, Charles Jackson

In only the second post- Enron ERISA "stock drop" case to go to trial—and the second to be tried by Morgan Lewis—a trial team led by Labor and Employment partners Chuck Jackson, Debbie Davidson, and Sari Alamuddin s... more

06/17/09 IRS “Crackdown” on the Taxation of Business Cell Phones and PDAs: IRS Commissioner Clarifies and Softens the IRS’s Stance

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

On June 10, the U.S. Department of Treasury (the Treasury Department) outlined a set of broad-based principles regarding compensation practices for companies to follow, particularly those companies in the financial sector, which... more

06/15/09 Treasury Outlines Compensation Practices Reform and Issues Interim Final Rule on TARP Compensation Standards

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

On June 10, the U.S. Department of Treasury (the Treasury Department) outlined a set of broad-based principles regarding compensation practices for companies to follow, particularly those companies in the financial sector, which... more

06/11/09 Employers Should Stay the Course as WHO Declares H1N1 Pandemic

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

The World Health Organization (WHO) today raised its pandemic alert level to its highest level, Phase 6, the pandemic phase, in response to the ongoing global spread of the H1N1 virus. The increased alert level relates only to ... more

06/01/09 Needed Relief for Suspension of Safe Harbor Nonelective Contributions Arrives—With a Catch

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

The Internal Revenue Service (IRS) issued proposed regulations that provide some needed relief regarding the suspension of employer contributions under safe harbor 401(k) plans. See 74 Fed. Reg. 23,134 (proposed May 18, 2009)... more

05/27/09 SEC and DOL to Hold Joint Hearing to Examine Target Date Funds

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

On May 12, the Securities and Exchange Commission (SEC) and the U.S. Department of Labor (DOL) issued a press release announcing that they will hold a joint one-day hearing on June 18, 2009 to explore the issues relating to targ... more

05/21/09 Circuits Split on Deductibility of Proceeds From Stock Redemption Used to Satisfy ESOP Distribution Obligations

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

An Internal Revenue Service (IRS) official recently commented at an American Law Institute-American Bar Association conference that the IRS will continue to litigate the issue of whether a corporation is entitled to a deduction ... more

05/21/09 Economic Crisis Raises Questions About Business Valuation Standards

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

As the daily news media continues to report, the country’s economy is tumbling to unprecedented levels and numerous companies have declared bankruptcy or been seized by government agencies. In addition to the collapse of ... more

05/19/09 Social Investing on Behalf of Employee Benefit Plans

Presentation | Webinar
Michael Richman, Craig Bitman, Louis Joseph

05/13/09 Adjusting to the Brave New World of 403(b) for Plan Sponsors

Presentation | Webinar
Amy Kelly

04/30/09 Workplace Challenges of Swine Flu

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

The reality of swine flu has now reached the American workplace, and employers are struggling to implement responses that protect their healthy employees, guard the privacy of stricken employees, and comply with applicable natio... more

04/29/09 ARRA’s Amendments to HIPAA Privacy & Security Rules Webinar

Presentation | Webinar
Georgina O'Hara

04/17/09 New IRS Ruling Regarding Taxation of ESOP Distributions

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

The national office of the Internal Revenue Service (IRS) has issued a new Technical Advice Memorandum (TAM) regarding distributions from an Employee Stock Ownership Plan (ESOP) to terminated plan participants. TAM 200841042. T... more

04/16/09 Executive Compensation Clawbacks Webinar

Presentation | Webinar
John Ferreira, Althea Day, David Zelikoff

04/15/09 Business Workshop: CHIP Changes, Statutes of Limitations, Pittsburgh Post-Gazette (click here to read the article)

Outside Publication | Article
John Ferreira

April 2009 Morgan Lewis Workforce Change Inside Business

Newsletter | Morgan Lewis Workforce Change Inside Business
Labor and Employment Practice and the Employee Benefits Practice

In this issue: Workforce Reduction Most workforce reductions arise in circumstances where there is a critical need for speed: business is down, costs are up, and management decides it must reduce the workforce. RIF... more

04/09/09 CSX/SUB-Pay FICA Tax Refunds: Status Update and the April 15 Deadline

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

Today’s troubling economic times have caused many employers to turn to a very traditional benefit plan that was commonly used among employers with unionized workforces in the 1950s and 1960s—the supplemental unemploy... more

04/09/09 Medical Resident FICA Tax Refunds: Status Update and the April 15 Deadline

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

A question currently troubling academic medical centers across the country is whether the stipends paid to their medical residents are exempt from Social Security Federal Insurance Contributions Act (FICA) taxes as amounts paid t... more

04/07/09 IRS Issues COBRA Q&As for Stimulus Bill 65% Assistance Payment Provisions

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

On March 31, the Internal Revenue Service (IRS) issued Notice 2009-27, which contains 58 detailed questions and answers (Q&As) addressing the COBRA 65% assistance payment provisions enacted as part of the American Recovery ... more

04/07/09 Managing an ESOP Company in Challenging Economic Times: Workout Situations and Bankruptcy: Things You Need to Know to Survive Webinar

Presentation | Webinar
Elizabeth Perdue, Brian Hector, Neil Herman

03/30/09 New Children’s Health Insurance Program Requirements Effective April 1

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

The Children's Health Insurance Program Reauthorization Act of 2009 (the Act) was signed into law by President Obama on February 4 and takes effect on April 1, 2009 for all plans, regardless of plan year. In addition to extending... more

03/26/09 Managing an ESOP Company in Challenging Economic Times: Steps to Avoid Litigation & How to Proceed if Avoidance Fails

Presentation | Webinar
Theodore Becker, Patrick Rehfield

03/20/09 Net Operating Loss Carryback Period Extended for Certain Small Businesses

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

The recently enacted American Recovery and Reinvestment Act of 2009 (the stimulus bill) extended the carryback period over which certain 2008 and 2009 net operating losses (NOLs) can be applied against prior years’ taxable... more

03/19/09 DOL Releases Model COBRA Notices for Stimulus Bill 65% Assistance Payment Provisions

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

Today the Department of Labor (DOL) issued its long-awaited (and Congressionally mandated) model COBRA notices addressing the 65% assistance payment provisions enacted as part of the Stimulus Bill signed into law February 17. ... more

03/18/09 Change in COBRA Rules, Pittsburgh Post-Gazette (click here to read the article)

Outside Publication | Article
Lauren Licastro

03/11/09 Fiduciary Implications of the Market Crisis Webinar

Presentation | Webinar
Craig Bitman, Donald Myers, Daniel Kleinman

March/April 2009 How the IRS is Changing the Regulation of Deferred Compensation, Taxation of Exempts

Outside Publication | Article
Leslie DuPuy, Gregory Needles

03/06/09 Defined Benefit Pension Plan Annual Funding Notice

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

On February 10, the U.S. Department of Labor (DOL) released Field Assistance Bulletin 2009-01 (the FAB), which included model annual funding notices for single-employer and multi-employer defined benefit plans. In the FAB, the ... more

02/24/09 Further Details on New COBRA Rules

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

The new COBRA provisions under the Obama economic stimulus plan continue to draw the attention of the employee benefits and payroll administration community. The purpose of this LawFlash is to briefly discuss two evolving interpr... more

02/23/09 Section 162(m) Pitfalls

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

It's proxy season. For public companies that rely on the performance-based compensation exception to the $1 million annual deduction limit under section 162(m) of the Internal Revenue Code (Code), that means it's time to adopt ... more

02/19/09 Downturn Impact on 409(p), presented at the ESOP Association 2009 Winter Technical ESOP Conference, Phoenix, AZ

Presentation | Speech
Daniel Hogans, Michael Holzman

02/19/09 Major Victory for Morgan Lewis Client Deere & Company in Nationwide 401(k) Fee and Expense ERISA Class Action

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

Morgan Lewis recently secured a major victory for its client Deere & Company in a 401(k) "fee and expense" ERISA class action when, on February 12, the Seventh Circuit Court of Appeals affirmed the lower court's decision in ... more

02/19/09 The Stimulus Bill Imposes Further Executive Compensation Restrictions

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

The American Recovery and Reinvestment Act of 2009 (the stimulus bill) that President Obama signed into law on February 17 contains the latest attempt to limit compensation paid, and other benefits provided, to executives of thos... more

02/18/09 Managing Through Difficult Times: How the Board and the Trustee Should Interact Webinar

Presentation | Webinar
Renee Lewis, Erin Turley, Scott Adamson

02/17/09 Stimulus Plan Requires Immediate COBRA Action

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

The American Recovery and Reinvestment Act of 2009 (the stimulus plan or the stimulus bill) that President Obama signed into law today contains, among other employee benefit changes, a series of new provisions temporarily modif... more

02/12/09 IRS Issues Guidance Regarding the Limitations of the Emergency Economic Stabilization Act of 2008 on Offshore Deferrals

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

As previously reported, the Emergency Economic Stabilization Act of 2008 (the Act), which was enacted in October 2008, significantly limits the ability of certain offshore entities to defer compensation to U.S. taxpayers. Speci... more

02/11/09 2009 Offers Section 409A Correction Opportunities

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

As employers come to grips with the new inflexibility of fully implemented section 409A requirements, potential section 409A violations and resulting adverse tax consequences are becoming a reality. Even so, there are some tool... more

February 2009 Morgan Lewis Workforce Change Inside Business

Newsletter | Morgan Lewis Workforce Change Inside Business
Labor and Employment Practice and the Employee Benefits Practice

In this issue: Top Four WARN Mistakes Employers continue to struggle with the workforce reduction notice requirements imposed under the federal WARN law (the Worker Adjustment and Retraining Notification Act). This has ... more

02/05/09 ESOP Sustainability, presented at the Illinois Chapter of The ESOP Association's 2009 Winter Conference, Oak Brook, IL

Presentation | Speech
David Ackerman

02/05/09 President Obama Announces New Restrictions on Executive Compensation for Financial Institutions Receiving Government Assistance

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

On February 4, the White House and the U.S. Department of Treasury (the Treasury Department) issued a press release announcing new guidelines on executive pay for financial institutions receiving government assistance under the... more

02/04/09 Dealing With Underwater Options: Option Repricings, Option Exchanges, Option Buy-Outs Webinar

Presentation | Webinar
S. DiBernardo, Amy Kelly, Zaitun Poonja

February 2009 New Updates Further Streamline Voluntary Corrections and Provide Additional Types of Relief, Washington & Lee Law School's Journal of Taxation, Vol. 110, No. 2

Outside Publication | Article
David Rosner

01/28/09 Act Changes Benefit Plans, Pittsburgh Post-Gazette (click here to read the article)

Outside Publication | Article
Lauren Licastro

01/26/09 DOL Finalizes Investment Advice Regulations and Related Class Exemption under the PPA Subject to Potential Review and Extension by Obama Administration

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

On January 16, 2009 , the Department of Labor (DOL) announced the publication of the final regulations and a prohibited transaction class exemption concerning the provision of investment advice to participants in participant-dir... more

01/15/09 Private Investment Funds in Distress: Guidance for Institutional Investors Webinar

Presentation | Webinar
Andrew Gottfried, Louis Singer, Jedd Wider

12/29/08 New Pension Bill Offers Some Relief in Light of Market Turmoil; Technical Corrections Enacted

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

On December 23, 2008, President Bush signed the Worker, Retiree, and Employer Recovery Act of 2008 (the Act). In response to the recent market volatility, the Act provides some relief for companies that contribute to single-emp... more

12/18/08 Executive Compensation and Equity Compensation Plans Year-End Checklist; 409A Documentary Compliance Period Ends December 31, 2008

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

The following checklist describes 2008 year-end action items with respect to executive compensation and equity compensation plans. Though not exhaustive, this list is intended to provide a reminder of the general set of issues fa... more

12/17/08 Medicare Secondary Payer Mandatory Reporting, presented at a ALI-ABA Teleconference

Presentation | Speech
Saghi Fattahian

12/16/08 Health and Welfare Plans: 2008 Year-End Review

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

Although our nation’s eyes will soon turn to Washington, D.C. and focus on the growing debate about how to deliver healthcare in our country, this debate will take months or years to conclude. In the interim, there are ma... more

12/12/08 Internal Revenue Service Extends 403(b) Plan Deadline

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

On December 11, the Internal Revenue Service (IRS) issued IRS Notice 2008-140, which provides relief for 403(b) plans that do not have a written plan in place by January 1, 2009. The IRS has decided to extend the deadline for p... more

12/11/08 IRS Issues Proposed Regulations Regarding Section 409A Violations and Defers Reporting Requirements

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

On December 5, 2008, the Department of Treasury released proposed regulations regarding the calculation of the amount of deferred compensation includible in income upon a violation of section 409A of the Internal Revenue Code (... more

12/10/08 Checklist for Retirement Plans, Pittsburgh Post-Gazette (click here to read the article)

Outside Publication | Article
Lisa Barton

12/08/08 Introduction on ESOPs, presented to the SC&H Group, Baltimore

Presentation | Speech
Michael Holzman

11/20/08 Slipping Through the “Donut Hole”: Obscure Election Can Avoid Potential Executive Payroll Tax Hike

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

Companies have a unique opportunity to consider minimizing the adverse impact of potential payroll tax increases affecting executives and employers under the Obama administration by taking advantage of various payroll elections ... more

11/19/08 Qualified Plan Year-End Webinar

Presentation | Webinar
John Ferreira, Lisa Barton

11/13/08 ERISA for Money Managers, presented at the ERISA for Money Managers: An Interactive Workshop, Boston

Presentation | Speech
Craig Bitman, Jennifer Klass, Christopher Weals, Daniel Kleinman

11/13/08 IRS and DOL Audits, presented at the ESOP Association 18th Annual ESOP Two-Day Conference, Las Vegas, NV

Presentation | Speech
Michael Holzman

11/13/08 No More Retirement? Pensions, Social Security and the Aging Workforce, presented at the Wharton Healthcare Human Resources Forum, Philadelphia

Presentation | Speech
Steven Spencer

11/10/08 IRS Rules That Holding Period in Shares of Company Stock Being Sold to an ESOP Should Include Holding Period in Company’s Predecessor

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

The IRS recently issued a private letter ruling that makes it easier to qualify for the deferral of taxes in connection with the sale of stock to an employee stock ownership plan (ESOP). In Private Letter Ruling 200827018, the ... more

11/05/08 ESOPs as an Exit-Planning Strategy, presented at the Certified Exit Planning Advisor Program sponsored by the Exit Planning Institute, Chicago

Presentation | Speech
David Ackerman

11/03/08 Year-End Checklist for Tax-Qualified Retirement Plans

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

As the end of the year is fast approaching, it is important to stop and review whether any qualified plan action items must be addressed prior to year-end. The following checklist describes potential year-end amendments and notic... more

10/30/08 The Troubled Economy Survival Kit for Employers—Solutions for Difficult Times

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

Our current troubled economy presents a two-fold dilemma for many employers: new challenges must now be faced, and old challenges appear more difficult to manage. This LawFlash summarizes several of the most important lessons t... more

10/28/08 Effective Consolidation of Plan Vendors, presented at Financial Research Associates' 403(b) Retirement Plans: A Map of the New World Conference, Washington, D.C.

Presentation | Speech
Gregory Needles

10/22/08 Business Workshop: ADA expanded, Companies beyond reach, Pittsburgh Post-Gazette (click here to read the article)

Outside Publication | Article
John Ferreira

10/16/08 Emergency Economic Stabilization Act of 2008 Limits Executive Compensation and Offshore Deferrals

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

On October 3, 2008 President Bush signed into law the Emergency Economic Stabilization Act of 2008 (the Act). The Act, among other things, (i) institutes the Troubled Asset Relief Program (the TARP), which authorizes the Treasu... more

10/14/08 Cafeteria Plan Next Steps

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

The Department of Treasury issued comprehensive proposed regulations last year updating a broad range of issues affecting cafeteria plans. We anticipate that the proposed regulations will be issued in final form later this year... more

10/14/08 ERISA Does Not Preempt San Francisco Health Ordinance

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

In August 2006, San Francisco’s mayor signed into law the San Francisco Health Care Security Ordinance (the ordinance). The ordinance requires certain employers operating with the geographic limits of the City and County ... more

10/14/08 Michelle’s Law

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

On October 9, President Bush signed H.R. 2851, which is commonly known as "Michelle’s Law.” H.R. 2851 is named in memory of Michelle Morse, a Plymouth State University student who died of colon cancer in November 20... more

09/26/08 Sorting Through the Board of Directors/Board of Trustees Interface, presented at The ESOP Association's 2008 Annual Board of Directors of ESOP Companies Retreat, Chicago

Presentation | Speech
David Ackerman

09/24/08 Employee Plans Compliance Resolution System (EPCRS) Revenue Procedure 2008-50 Webinar

Presentation | Webinar
David Rosner

09/16/08 Deadline for Compliance with Section 409A Approaching

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

The deadline for ensuring that all deferred compensation plans, agreements, and other arrangements subject to section 409A of the Internal Revenue Code (IRC) comply with the 409A requirements is December 31, 2008. It is highly un... more

09/12/08 Employee Benefits and Tax Exempt Plans Update, presented at the American Bar Association's 2008 Joint Fall CLE Meeting, San Francisco

Presentation | Speech
Robert Abramowitz

09/12/08 Medicare Secondary Payer Mandatory Reporting Requirements

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

On August 1, 2008, the Centers for Medicare and Medicaid Services (CMS) published a Supporting Statement outlining the Medicare mandatory reporting data elements under the Medicare, Medicaid, and SCHIP Extension Act of 2007 (Ac... more

09/11/08 ESOPs as a Liquidity or Exit Strategy, presented at the National Trust Closely Held Business Association's 2008 Annual Workshop, Sedona, AZ

Presentation | Speech
David Ackerman

09/10/08 401(k) Fees Regulation Webinar

Presentation | Webinar
Craig Bitman, I. Lee Falk, Christopher Weals

09/02/08 IRS Updates and Expands Qualification Correction Program

LawFlash/Client Alert | Employee Benefits LawFlash
David Rosner

On August 14, the Internal Revenue Service (IRS) issued Revenue Procedure 2008-50, its latest guidance on methods available to sponsors of tax-qualified retirement plans to correct operational and plan document errors in order ... more

September 2008 MetLife v. Glenn: Why Employers Should Be Concerned and What They Can Do to Protect Their Interests, Bender's California Labor & Employment Bulletin

Outside Publication | Article
Nicole Diller, Andy Anderson

08/19/08 Form 5500/ERISA 408(b)(2) Proposed Regulations Webinar

Presentation | Webinar
Marianne Yudes, Daniel Kleinman

2008 Questions and Answers on the Duties of ESOP Fiduciaries (The National Center for Employee Ownership)

Outside Publication | Book
David Ackerman

Contents Foreword Chapter 1: Determining Fiduciary Status Chapter 2: Fiduciary Duties Chapter 3: Prohibited Transactions Chapter 4: Purchases and Sales of Employer Securities Chapter 5: Personal Liability Chapter 6: Prote... more

08/06/08 Alabama District Court Rejects Application of LaRue in ESOP Participant Suit

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

In February of this year, the Supreme Court recognized the right of individual participants in defined contribution plans to sue for fiduciary breaches that impair the value of plan assets in a participant's individual account.... more

07/28/08 Department of Labor Proposes New Fee Disclosure Requirements for Participant-Directed Individual Account Plans

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

On July 23, the Department of Labor (DOL) released proposed regulations that would, if adopted, impose new requirements for the disclosure of fee and expense information to participants in self-directed individual account plans ... more

07/24/08 Repurchase Obligation / Valuation Issues, presented at The ESOP Association's ESOP Sustainability Seminar, Chicago

Presentation | Speech
David Ackerman

07/22/08 IRS Validates Price Protection Agreements for S Corporation ESOPs

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

The IRS marked the Fourth of July this year by issuing a private letter ruling that is favorable to S corporation Employee Stock Ownership Plans (ESOPs). The IRS confirmed that an ESOP company can enter into a price protection ... more

Summer 2008 Alternative Approaches to ESOP Share Recycling, The Journal of Employee Ownership Law and Finance, Vol. 20, No. 3

Outside Publication | Article
Louis Joseph

06/23/08 Supreme Court Issues Two Decisions Affecting Benefit Plans

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

On June 19, the United States Supreme Court issued decisions in Kentucky Retirement Systems v. Equal Employment Opportunity Commission , No. 06-1037, October Term 2007, and in Metropolitan Life Ins. Co. v. Glenn , No. 06-923,... more

06/02/08 An ESOP Fable with a Drafting Tip

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

An interesting case was recently decided by the federal court in the Northern District of Alabama: Pension and Employee Stock Ownership Plan Administrative Committee of Community Bancshares, Inc. v. Patterson , CV-04-BE-00531-... more

06/02/08 Government Contractor ESOP Cost Accounting Rules Finalized

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

Employee Stock Ownership Plans (ESOPs) provide a tax-efficient structure for shareholders to sell some or all of their stock to a trust set up for the benefit of the company’s employees. Shareholders can defer the tax on the sa... more

06/02/08 U.S. District Court Finds Trustee’s Sale of Stock from Plan to be Prudent

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

Plan participants have made claims in the past against plan fiduciaries when the value of the stock held by a plan drops, alleging that the plan fiduciary should not have acquired the stock or should have sold the stock before ... more

June/July 2008 The LaRue Holding's Impact on ESOPs, ESOP Report Magazine

Outside Publication | Article
Julie Govreau, Erin Turley, Theodore Becker

05/28/08 Planning for Ownership Succession in the Family Business, presented to the Valley Industrial Association, Geneva, IL

Presentation | Speech
David Ackerman

05/22/08 New Law Prohibits Employers from Considering Genetic Information in Making Employment Decisions

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

On May 21, 2008, President Bush signed into law the Genetic Information Nondiscrimination Act of 2008 (GINA), prohibiting employers from using genetic information for decisions on hiring, firing, promotions, or job assignments,... more

04/18/08 ESOP Legal Update, presented at the 2008 Ohio Employee Ownership Conference, Akron, OH

Presentation | Speech
David Ackerman

04/17/08 Executive Compensation: A Case Study, presented at the ABA Joint Committee on Employee Benefits 22nd Annual National Institute on Employee Benefits in Mergers and Acquisitions, New York

Presentation | Speech
Daniel Hogans

04/08/08 Ownership Transition Alternatives for Private Companies, presented at the Zweig White Webinar

Presentation | Speech
Erin Turley

04/03/08 Facing New Challenges as Your ESOP Matures, presented at the National Center for Employee Ownership's 2008 Annual Employee Ownership Conference, Chicago

Presentation | Speech
David Ackerman

03/27/08 ESOP Update: Deduction Disallowance Under Section 267; Section 409(p) Letter Ruling; and King & Prince Seafood Decision

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

IRS Emerging Issue: S Corporation Accrued Expenses to ESOP Participants a Potential Pitfall for the Less Than 100% S Corporation ESOP The director for prefiling and technical guidance at the Internal Revenue Service (IRS) is... more

03/21/08 Expanded Family Leave Act Provisions Can Help Military Kin, Pittsburgh Business Times

Outside Publication | Article
Lauren Licastro

03/20/08 What the HCSO Means for Companies That Have Employees Working in San Francisco

Presentation | Webinar
Andy Anderson, Karen Peteros

03/19/08 Snatching Your Bacon Out of the Fire: Self-Correction of 409A Operational Errors, presented as an ALI-ABA Webinar

Presentation | Webinar
Althea Day

03/18/08 Legal Perspective: The Details Involved in Building Your Incentive Program, presented at the Employer-Driven Health Incentives Summit, Scottsdale, AZ

Presentation | Speech
Andy Anderson

03/13/08 ESOP Strategies 2008, presented to the Mid-Atlantic Chapter of the ESOP Association, Washington, D.C.

Presentation | Speech
Daniel Hogans, Michael Holzman

03/11/08 IRS Ruling Threatens Compensation Deductions for Public Companies

Presentation | Webinar
Daniel Hogans, Louis Joseph, Mims Zabriskie

March 2008 Sophmore Proxy Season under the SEC’s Revised Executive Compensation Disclosure Rules, presented at the Minority Corporate Counsel Association 7th Annual CLE Expo, Chicago

Presentation | Speech
Althea Day

02/22/08 New IRS Ruling Holds Performance-Based Exception to 162(m) Lost if Incentive Program Guarantees Payment Upon Termination of Employment or Retirement

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

On February 21, 2008 the Internal Revenue Service (IRS) issued Revenue Ruling 2008-13, which materially limits the performance-based compensation exception to the $1 million deduction limit under section 162(m) of the Internal ... more

02/21/08 Designing Executive Compensation for S Corps, presented at the 10th Annual S Corporation ESOP Seminar, Buena Vista, FL

Presentation | Speech
Daniel Hogans

02/20/08 Business Workshop: Military Rights Extended, Pittsburgh Post Gazette

Outside Publication | Article
Lauren Licastro

02/12/08 Section 409A Compliance in 2008, presented at the Louisville Employee Benefits Council, Louisville, KY

Presentation | Speech
Daniel Hogans

02/07/08 The Tribune Company ESOP Transaction, presented at the Illinois Chapter of The ESOP Association's 2008 Winter Conference, Oak Brook, IL

Presentation | Speech
David Ackerman

02/06/08 ESOP Transaction Advisory Services Overview

Marketing Material | Brochure
ESOP and Employee Benefits

02/04/08 Federal Court Permits Dividend Deduction for Stock Redeemed from ESOP

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

On January 14, 2008, the U.S. District Court for the District of Minnesota, on a motion for summary judgment, ruled in General Mills v. United States , No. 06-3457 DSD/SRN (D. Minn. Jan. 14, 2008), that a corporation could ded... more

02/04/08 Section 409A Compliance and Proxy Statements: Drafting Challenges, presented at the American Lawyer Institute-American Bar Association Webinar

Presentation | Webinar
Daniel Hogans

01/31/08 DOL Determines That a Fiduciary’s Use of ERISA Plan Assets to Promote Political Positions Through Proxy Resolutions Risks Violating ERISA

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

On December 21, 2007, the Employee Benefits Security Administration (EBSA) of the Department of Labor (DOL) issued an advisory opinion (2007-07A) stating that plan fiduciaries risk violating ERISA by utilizing pension plan asse... more

01/17/08 ESOP Legal Issues, presented at the Alliance of Merger & Acquisition Advisors' 2008 Winter Conference, Las Vegas, NV

Presentation | Speech
David Ackerman

01/14/08 The EEOC Puts Humpty Dumpty Back Together: Employer-Sponsored Retiree Healthcare Coverage Can Again Be Coordinated with Medicare

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

The Equal Employment Opportunity Commission (EEOC) has accomplished what the kings’ men could not— it has affirmed that employer-sponsored retiree healthcare benefits can be coordinated with Medicare or comparable st... more

01/10/08 The Ninth Circuit Court of Appeals Allows San Francisco’s Health Care Security Ordinance to Take Effect

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

In August 2006, San Francisco’s mayor signed into law the San Francisco Health Care Security Ordinance (HCSO). The HCSO requires certain employers operating with the geographic limits of the City and County of San Francis... more

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

Outside Publication | Article
Daniel Hogans

12/21/07 IRS Waives ISO and ESPP Reporting Requirements for 2007; Employers Must Provide Information Statements to Employees

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

As discussed in our LawFlash issued December 11, 2007, Section 6039 of the Internal Revenue Code of 1986, as amended (the Code), sets forth two reporting requirements for employers sponsoring incentive stock option plans (ISOs)... more

12/20/07 Department of Labor Finalizes Form 5500 Fee Disclosure Rules and Proposes Guidance for Contracts Between Plans and Service Providers Under ERISA 408(b)(2)

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

On November 16, 2007, the Department of Labor (DOL) issued the final rule concerning revisions to the Form 5500 Schedule C fee disclosure for employee benefit plans. This final rule essentially adopted the proposed rule and is ... more

12/12/07 Executive Compensation and Equity Compensation Plans Year-End Checklist

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

The following checklist describes 2007 year-end action items with respect to executive compensation and equity compensation plans. This list is not exhaustive but is intended to provide a reminder of the general set of issues f... more

12/11/07 Health and Welfare Update: What Plan Sponsors Should Be Doing Now, presented at the ABA Joint Committee on Employee Benefits Teleconference

Presentation | Speech
Andy Anderson

12/11/07 New Incentive Stock Option and Employee Stock Purchase Plan Filing Requirements

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

Under new filing requirements, employers are required to furnish information returns to the Internal Revenue Service (IRS) regarding the exercise of incentive stock options (ISOs) and the transfer of shares acquired under an Em... more

12/05/07 Correction Program for Nonqualified Deferred Compensation Plans Offers Useful But Limited Assistance

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

On December 3, 2007, the Treasury Department and the Internal Revenue Service (IRS) issued Notice 2007-100 (Notice), which gives taxpayers a limited ability to correct certain operational failures of a nonqualified deferred com... more

11/20/07 Qualified Default Investment Alternatives for Participant-Directed Individual Account Plans

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

The Pension Protection Act of 2006 (the PPA) added Section 404(c)(5) to the Employee Retirement Income Security Act of 1974, as amended (ERISA), effective for plan years beginning after December 31, 2006, which provides that a ... more

11/15/07 409A Before the Bell, presented at the SWBA/IRS 18th Annual Employee Benefits Conference for Practitioners and Plan Sponsors, Dallas

Presentation | Speech
Daniel Hogans

11/09/07 409A Deadline Looming, presented at the 17th Annual ESOP Association's Las Vegas Conference & Trade Show, Las Vegas

Presentation | Speech
Erin Turley

11/09/07 The Role of ESOP Fiduciaries in Corporate Transactions, presented at The ESOP Association's 2007 Vegas Conference & Trade Show, Las Vegas, NV

Presentation | Speech
David Ackerman

11/08/07 Advanced 409(p) Testing: Session II Examples, presented at the 17th Annual ESOP Association's Las Vegas Conference & Trade Show, Las Vegas, NV

Presentation | Speech
Daniel Hogans

11/08/07 Capital Planning Alternatives for Successful ESOP Companies, presented at The ESOP Association's 2007 Vegas Conference & Trade Show, Las Vegas, NV

Presentation | Speech
David Ackerman

11/02/07 ERISA 401(k) Service Provider and Fee Litigation, presented at the 17th Annual ABA Institute on ERISA Litigation

Presentation | Speech
Deborah Davidson

Autumn 2007 New HSA Rules for 2007 and Beyond, Benefits Law Journal

Outside Publication | Article
Lauren Licastro

10/26/07 IRS Extends Reporting and Withholding Rules for Another Year: Rules for 2007

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

The IRS issued Notice 2007-89 on October 23, 2007, which provides guidance on (i) reporting and withholding compensation that is deferred in 2007, (ii) reporting and withholding amounts includible in income under section 409A o... more

10/24/07 IRS Extends Section 409A Compliance Deadline to December 31, 2008

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

In Notice 2007-86 issued on October 22 by the IRS, and already enthusiastically applauded by employers, plan administrators, and advisors, the IRS has fully extended —from December 31, 2007 to December 31, 2008—the... more

10/23/07 Treasury Finalizes Section 415 Regulations, and Compensation Issues Emerge

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

Earlier this year, the Internal Revenue Service (IRS) issued final regulations regarding the limitations imposed under section 415 of the Internal Revenue Code (Code). The final regulations provide plan sponsors and practitione... more

10/23/07 Who Are Fiduciaries? and What are Their Key Responsibilities? presented at the Conference on Fiduciary Issues for Internal ESOP Trustees sponsored by the National Center for Employee Ownership, Chicago

Presentation | Speech
David Ackerman

10/17/07 New 409A Developments: What to Do Before Year End, presented at the ABA Joint Committee on Employee Benefits, Washington, D.C.

Presentation | Speech
Daniel Hogans

10/08/07 The IRS and Treasury Speak: Update on Section 409A, presented at the NASPP 15th Annual Conference, San Francisco

Presentation | Speech
Daniel Hogans

10/02/07 The Approaching 12-31-07 Deadline: Achieving Section 409A Compliance for Non-U.S. Plans and Employers, presented at the IPEBLA Teleconference, Washington, D.C.

Presentation | Speech
Daniel Hogans

Fall 2007 Highlights Of The Final 409A Regulations, PEBA News, p. 4-5

Outside Publication | Article
Amy Kelly

Autumn 2007 Prudent Process: Emerging Guidelines for ESOP Fiduciaries in Court Decisions Concerning the Valuation of Employer Corporation Stock, Insights

Outside Publication | Article
Theodore Becker

09/27/07 The Final 409A Regulations and Employment Agreements, presented at ABA Sections of Taxation, Real Property, Probate, and Trust Law's 2007 Joint Fall CLE Meeting, Vancouver, British Columbia

Presentation | Speech
Daniel Hogans

09/25/07 ESOP Acquisitions: Doing it the Sam Zell Way, presented at The Deal's Innovative Deal Financing Conference, New York

Presentation | Speech
David Ackerman

09/20/07 What’s New with 409A, presented at the ASPPA and IRS's Benefits Conference of The South, Atlanta, GA

Presentation | Speech
Daniel Hogans

2007 Fiduciary Responsibility (Chapter 10, contributor), Employee Benefits Law, Cumulative Supplement, (2nd Edition, American Bar Association)

Outside Publication | Chapter
Deborah Davidson

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 409A of the Inte... more

09/11/07 ESOPs and Government Contractors

Presentation | Webinar
Michael Holzman

09/11/07 The Current and Future State of Deferred Compensation Arrangements, presented at the Executive Compensation Institute: Complying with Code Section 409A, Chicago

Presentation | Speech
Daniel Hogans

09/10/07 Ownership Transition Alternatives for Private Companies, presented to the American Council of Engineering Companies

Presentation | Speech
Erin Turley

09/07/07 Other Deferred Compensation and Severance Arrangements: Guidance under §409A and §457(f), presented at ALI-ABA's Retirement, Deferred Compensation, and Welfare Plans of Tax-Exempt and Governmental Employers, Washington, D.C.

Presentation | Speech
Daniel Hogans

09/07/07 September 15 Deadline for Final 401(k) Plan Regulation Amendments

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

As discussed in a prior Morgan Lewis LawFlash, the Internal Revenue Service and Treasury Department previously released final regulations governing 401(k) plans. The regulations were generally effective for plan years beginning... more

08/30/07 Problem Solving and Document Drafting, presented at ALI-ABA's Section 409A Interactive Workshop on Compensation Plans, Philadelphia

Presentation | Speech
Daniel Hogans

08/11/07 The New Regulatory Framework for Executive Deferred Compensation: Complying with the Final 409A Regulations, presented at the ABA Annual Meeting, Section of Labor and Employment Law, San Francisco

Presentation | Speech
Daniel Hogans

08/08/07 Final Regulations Under Section 403(b)

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

On July 26, 2007, the Treasury Department and the Internal Revenue Service (IRS) issued final regulations under section 403(b) of the Internal Revenue Code that provide updated guidance on section 403(b) contracts and custodial... more

08/06/07 IRS Revives Long-Dormant Cafeteria Plan Rules With New Proposed Regulations

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

The Internal Revenue Service (IRS) recently withdrew numerous old proposed cafeteria plan regulations and guidance, some of which dated all the way back to 1984, and issued five new proposed regulations that update and expand t... more

07/23/07 The Courts Address Rights Relating to Employer Stock

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

In April 2007, both the U.S. District Court for the District of Hawaii and the U.S. District Court for the District of New Jersey addressed issues relating to employer stock held in retirement plans other than employee stock ow... more

July 2007 Section 409A’s Cuffs for Linked Plans, BNA Executive Compensation Library

Outside Publication | Article
Althea Day

06/27/07 New Guidance for Employer Obligations Under Massachusetts Health Care Reform Act

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

Massachusetts recently released additional guidance related to the July 1, 2007 employer obligations under the Massachusetts Health Care Reform Act (the Act) with regard to the following requirements: Employee HIRD Requir... more

06/21/07 ERISA Preemption and MA Healthcare Reform, presented at the U.S. Chamber of Commerce Employee Benefits Committee Meeting, Washington, D.C.

Presentation | Speech
Andy Anderson

06/13/07 Section 409A: the New Deferred Compensation Regulations and What They Mean, presented at a West/Thompson LegalWorks Seminar

Presentation | Speech
Althea Day

06/11/07 Employers Can Still Coordinate Retiree Medical Plans with Medicare—Even in the Third Circuit

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

On June 4, 2007, a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit upheld an Equal Employment Opportunity Commission (EEOC) regulation that would exempt from the Age Discrimination in Employment A... more

06/06/07 Looming Employer Deadlines for Massachusetts Health Care Reform Act

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

It has been a little over a year since then-Governor Mitt Romney signed the Massachusetts Health Care Reform Act (the Act) and the effective date of significant portions of the Act—July 1, 2007—is right around the c... more

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

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

June/July 2007 Breach of Fiduciary Duty Claims for Investment in Employer Securities Are Dismissed, ESOP Report

Outside Publication | Article
Michael Holzman

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

Presentation | Webinar
Althea Day

05/17/07 The Impact of New Jersey Civil Union Law on HR, Benefits, and HRIS, presented to the NY Tri-State Chapter of IHRIM

Presentation | Speech
Andy Anderson

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

Presentation | Webinar
Mims Zabriskie, Amy Kelly, David Zelikoff

05/15/07 Governance & Fiduciary Overview and Potential Conflicts, presented at The ESOP Association's 2007 Annual Conference, Washington, D.C.

Presentation | Speech
David Ackerman

05/03/07 Employee Stock Ownership Plans, presented at the ASPAA 2007 Great Lakes Benefit Conference, Chicago

Presentation | Speech
David Ackerman

05/01/07 Fiduciary Responsibility Under ERISA, presented at the 21st Annual ABA Institute on ERISA Basics

Presentation | Speech
Deborah Davidson

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 date of January 1,... 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 this iss... more

04/30/07 Wellness Programs: Addressing the Impact of the December 2006 Final HIPAA Wellness Rules, presented at the 9th Annual CDHCC Conference, Las Vegas

Presentation | Speech
Andy Anderson

04/20/07 New Transaction Model for Going from Partial to 100% ESOP Ownership, presented at the 2007 Ohio Employee Ownership Conference, Akron, OH

Presentation | Speech
David Ackerman

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 deferral... more

03/22/07 S Corporation Issues for ESOP Companies, presentation at the National Center for Employee Ownership's 2007 Employee Ownership Conference, San Diego, CA

Presentation | Speech
David Ackerman

03/13/07 Hutchison, et al. v. Fifth Third Bancorp. United States Court of Appeals for the Sixth Circuit

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

The Sixth Circuit Court of Appeals (Sixth Circuit) recently affirmed a lower court’s ruling that a state law breach of contract claim against a party that is not, at the time of the contract, an ERISA fiduciary nonetheless... more

03/12/07 Complicated Guidance Issued on Rollovers to Health Savings Accounts

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

The IRS recently issued Notice 2007-22 (the Notice), which provides guidance on new rollover rules applicable to Health Savings Accounts (HSAs) under the Tax Relief and Health Care Act of 2006. The Notice is complicated and ful... more

03/08/07 PPA Compliance Alert for Sponsors of Defined Contribution Plans

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

Among the many new requirements included in the Pension Protection Act of 2006 (the PPA) is the obligation of a plan sponsor to provide periodic pension benefit statements to participants and beneficiaries. For defined contribu... more

March 2007 Complicated Guidance Issued on Rollovers to Health Savings Accounts, Practical US/Domestic Tax Strategies

Outside Publication | Article
Andy Anderson

02/28/07 Proxy Season Reminders: Section 162(m)

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

As publicly traded companies prepare their 2007 proxy statements and set the parameters for 2007 executive compensation, several issues arise in connection with section 162(m) of the Internal Revenue Code (the Code). Secti... more

02/16/07 Final HIPAA Nondiscrimination Regulations Issued

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

At the end of 2006, the Departments of Treasury, Labor, and Health and Human Services (the Departments) issued the joint final regulations on the HIPAA nondiscrimination rules, which modify and clarify the previously published i... more

02/16/07 Going to 100-Percent ESOP Ownership, presentation at The ESOP Association's 2007 S Corporation ESOP seminar, Orlando, FL

Presentation | Speech
David Ackerman

02/02/07 IRS Plan Administrator Skills Workshop, presented to the Southwest Benefits Association

Presentation | Speech
Erin Turley

February 2007 Holiday Gifts for Retirement Plans, presented as an ABA/JCEB Webinar

Presentation | Webinar
Althea Day

February 2007 Internal Revenue Service Releases Final Regulations Under IRC § 409(p) Designed to Shut Down Abusive S Corporation ESOP Arrangements, ESOP Report

Outside Publication | Article
Michael Holzman

01/25/07 Legislative and Regulatory Update, presentation at the Illinois Chapter of The ESOP Association's Winter 2007 conference, Oak Brook, IL

Presentation | Speech
David Ackerman

01/18/07 ESOPs in Government Contracting Firms: A Natural Fit, co-presenter at the Mid-Atlantic Chapter of the ESOP Association, Washington, D.C.

Presentation | Speech
Michael Holzman

01/10/07 Employee Stock Ownership Plan (ESOP): Is it a good idea?

Presentation | Webinar
Michael Holzman, Patrick Rehfield

Winter 2007 A Detailed Look at the Impact of the Pension Protection Act of 2006 on ESOPs and 401(k) Plans, The Journal of Employee Ownership Law and Finance

Outside Publication | Article
David Ackerman

January 2007 Do You Know Where Your Stock Plan Is? A Compliance Review for Stock Plans, presented at the January meeting of the American Bar Association's Section of Taxation

Presentation | Speech
Althea Day

12/28/06 ESOP Companies Expand Globally

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

The economic realities of conducting business today are causing companies that sponsor employee stock ownership plans (ESOP Companies) to face the pressures of globalization, growth, diversification, competition, as well as mana... more

12/21/06 Holiday Gift from the Department of Labor: Relief from Diversification Notice Requirements

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

Moved by the holiday spirit, the Department of Labor (DOL) released guidance yesterday on compliance with the notification of diversification right provisions added by the Pension Protection Act of 2006 (PPA). This guidance, is... more

12/20/06 New Health Savings Account Legislation/Recent DOL Health Savings Account Guidance

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

In what may represent a highwater mark for favorable health savings account (HSA) legislation, Congress passed and President Bush signed into law today HSA legislation increasing HSA contribution limits and permitting rollovers ... 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 pl... more

12/14/06 401(k) Plan Fees and Expenses Lawsuits Continue to Proliferate

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

Over the past few months, numerous class action lawsuits have been filed against 401(k) plan sponsors and their officers, directors, and employees challenging the fees paid to plan service providers. Although many had hoped thi... more

12/08/06 Pension Protection Act of 2006—Employer Stock Diversification Notice: But What If Our 401(k) Plan Already Permits Diversification?

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

On Thursday, November 30, 2006, the IRS issued Notice 2006-107 to provide interim guidance, pending the issuance of regulations, on the operation of the new employer stock diversification requirements under Code Section 401(a)(3... 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 of ... more

11/28/06 Hidden Liabilities in Business Transactions, presented to the Association of Corporate Counsel, Los Angeles

Presentation | Speech
Scott Adamson

11/28/06 Rights and Responsibilities of Employee Owners, presented to the ESOP Association Western States Chapter, Scottsdale, AZ

Presentation | Speech
Scott Adamson

11/28/06 Using ESOPs as an Acquisition Tool, presented to The ESOP Association, Las Vegas

Presentation | Speech
Scott Adamson

11/20/06 Don't Start a Backdating Witch Hunt, Legal Times, Vol. 29, No. 47

Outside Publication | Article
Christian Bartholomew

11/09/06 Issuing Warrants in ESOP Transactions, presented at The ESOP Association's 2006 Las Vegas Conference & Trade Show, Las Vegas, NV

Presentation | Speech
David Ackerman

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 ... more

11/02/06 ESOPs as a Succession Planning Strategy, presented to the Chicago Bar Association's Federal Taxation Committee, Chicago

Presentation | Speech
David Ackerman

10/25/06 Corporate Governance in ESOP Companies, presented at the Seminar on Fiduciary Issues for Internal ESOP Trustees sponsored by the National Center for Employee Ownership, Chicago

Presentation | Speech
David Ackerman

10/19/06 Lending Issues in ESOP Buyouts

Presentation | Webinar
Elizabeth Perdue, Terrence Dugan, Brian Hector, Scott Adamson

10/18/06 Newsflash - Pension Protection Act of 2006

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

On August 17, 2006, President George W. Bush signed the Pension Protection Act of 2006 (PPA) into law. In addition to strengthening traditional defined benefit pension plans through new funding and reporting requirements, the P... more

10/11/06 Pension Protection Act Series: Multiemployer Plans

Presentation | Webinar
Steven Spencer, David Cohn

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

October 2006 A Common-Sense Approach to Cafeteria Plan Discrimination Testing Requirements, Tax Management Compensation Planning Journal

Outside Publication | Article
Erin Turley

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

Outside Publication | Chapter
Gary Rothstein

09/26/06 Pension Protection Act Series: Defined Contribution Plans

Presentation | Webinar
R. Tracht, Althea Day

09/19/06 Pension Protection Act Series: Single Employer and Cash Balance Plans

Presentation | Webinar
John Ferreira, Mark Simons

2006 Fiduciary Responsibility (Chapter 10, contributor), Employee Benefits Law, Cumulative Supplement (American Bar Association)

Outside Publication | Chapter
Deborah Davidson

09/13/06 Final SEC Executive Compensation Disclosure Requirements

Presentation | Webinar
Mims Zabriskie, S. DiBernardo, Alan Singer

08/22/06 Pension Protection Act of 2006 New Funding and Related Requirements for Defined Benefit 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—widely reported as the most comprehensive reform of pension law since ERISA— covered numerous areas of p... more

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 assump... more

08/18/06 IBM Court and Congress Weigh in on Hybrid Plans

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

Thanks to recent actions in Congress and the courts, the past and future outlook for hybrid plans is brighter. First, Congress addressed the plans in its massive pension reform bill— the Pension Protection Act of 2006 (PP... more

08/17/06 Fiduciary Duty Provisions Affecting Financial Services Providers: Pension Protection Act of 2006

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

The Pension Protection Act of 2006 (H.R. 4) (PPA), which the President signed into law on August 17, 2006, provides a number of changes and exemptions to the fiduciary duty provisions under the Employee Retirement Income Securit... more

08/16/06 Multiemployer Plan Issues in the Pension Bill

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

On August 3, 2006, a week after approval by the House of Representatives, the United States Senate passed the Pension Protection Act of 2006 (PPA). President Bush is expected to sign the bill into law tomorrow. As noted in the ... more

08/07/06 Sweeping Pension Reform Bill Passed

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

Late on Thursday, August 3, 2006, the U.S. Senate passed the Pension Protection Act of 2006 (PPA), a comprehensive bill making significant changes in the federal laws governing traditional single-employer defined benefit pension... more

07/28/06 SEC Finalizes Executive Compensation Disclosure Rules

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

On July 26, the SEC adopted revised executive compensation disclosure rules. For the text of the SEC press release announcing this action, please click he... 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 equity c... more

07/18/06 The First Case of Its Kind: Morgan Lewis Team Wins Post-Enron ERISA “Stock Drop” Trial for US Airways

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

In the first post-Enron “stock drop” case to go to judgment following a trial, DiFelice v. US Airways, Inc. , Case No. 1:04cv889 (E.D. Va. June 26, 2006), a Morgan Lewis team headed by Labor and Employment Law partners Charles ... more

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

Outside Publication | Article
Gregory Needles

06/27/06 Fiduciary Liability, When The Stock Value Drops

Presentation | Webinar
Donald Havermann, Theodore Becker, Brian Hector

06/23/06 Employer Plans May See More Successful Reimbursement Actions Following Ruling, Pittsburgh Business Times (Click here to read the article.)

Outside Publication | Article
Lauren Licastro

06/05/06 IRS Issues Proposed Dependent Care Expense Regulations

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

Late last month the Internal Revenue Service issued updated and expanded proposed regulations governing dependent care expenses. While ostensibly focused on the individual income tax credit for dependent care expenses, these pr... more

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 ... more

June/July 2006 Avoiding the Pitfalls of Being an S Corporation ESOP Company, ESOP Report

Outside Publication | Article
Michael Holzman

Summer 2006 SEC Requires More Disclosure on Executive Pay, PEBA News, p. 3-4

Outside Publication | Article
Amy Kelly

June 2006 What to Do If Your Fund Becomes Subject to ERISA, The Investment Lawyer, Vol. 13, No. 6

Outside Publication | Article
I. Lee Falk, Daniel Kleinman

05/17/06 Executive Compensation in an ESOP Company, co-presenter at the ESOP Association, Washington, D.C.

Presentation | Speech
Michael Holzman

05/17/06 Mergers and Acquisitions Involving ESOP Companies, presented at The ESOP Association's 2006 Annual Conference, Washington, D.C.

Presentation | Speech
David Ackerman

05/17/06 Treasury Finalizes Proposed Regulations, Issues New Proposed Regulations, for Roth Contributions to 401(k) and 403(b) Plans

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

In March 2005 the Treasury Department issued proposed regulations that provided guidance on the establishment and implementation of designated Roth contribution accounts in 401(k) plans. Recently these proposed regulations were... more

05/15/06 Seventh Circuit Court of Appeals Rejects Department of Labor’s Position on Standard of Review for Trustee’s Decisions

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

In a very important decision for ESOP trustees and other ERISA fiduciaries in a case involving an allegation of an erroneous valuation of employer securities held by an ESOP, the Seventh Circuit Court of Appeals has held that th... more

May 2006 Let the Sun Shine In – Disclosing Executive Pay, presented at the May meeting of the American Bar Association's Section of Taxation

Presentation | Speech
Althea Day

04/28/06 CMS Issues Updated Guidance and Revised Medicare Part D "Creditable Coverage" Notices for Use After May 15, 2006

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

The Centers for Medicare and Medicaid Services (CMS) issued updated guidance, revised model creditable coverage notices, and a new model personalized creditable coverage notice in late April. The revised notices replace the ori... more

04/26/06 Dealing with Audits and Litigation in an ESOP Company, presented at the National Center for Employee Ownership's 2006 Employee Ownership Conference, Minneapolis

Presentation | Speech
David Ackerman

04/21/06 ESOP Trustees: Current Issues & Legal Update, presented at the 2006 Ohio Employee Ownership Conference, Akron, OH

Presentation | Speech
David Ackerman

04/11/06 Using ESOPs in Corporate Transactions

Presentation | Webinar
Brian Hector, Scott Adamson

2006 The Family and Medical Leave Act, Editor-in-Chief (BNA Books)

Outside Publication | Book
Michael Ossip

This convenient and comprehensive reference tool is an attorney's best friend for contending with the complex issues surrounding this seemingly simple statute. The Family and Medical Leave Act is the paradigm of sup... more

03/22/06 New IRS Determination Letter Program Opens for Tax-Qualified Retirement Plans

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

February 1, 2006 marked the opening of the new IRS determination letter program for tax-qualified retirement plans. Under this program, each individually designed qualified retirement plan must be filed with the IRS every five ... more

03/17/06 DOL Extends Filing Deadline for Initial LM-10 Reports and Provides Additional Compliance Information for Employers

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

Last week, the Department of Labor (DOL) announced an extension of the filing deadline for initial LM-10 reports and issued additional guidance concerning employer LM10 reporting obligations under the Labor-Management Reporting ... more

03/14/06 HIPAA Triple Play: Privacy, Security and Enforcement

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

2006 marks the 10th anniversary of the passage of HIPAA, and this spring brings a HIPAA privacy reminder, the application of HIPAA security rules to small plans and the finalization of HIPAA enforcement rules for HIPAA violation... more

03/09/06 Defendants' Perspective in Employer Stock Litigation, presented at seminar sponsored by the Chicago Bar Association, entitled ERISA's Latest Title Wave, Lessons from Employer Stock Litigation, Chicago

Presentation | Speech
David Ackerman

03/09/06 Department of Labor Provides a “No Enforcement Period” for LM-10 Filings

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

The Department of Labor (DOL) issued an advisory that effectively extends the Form LM-10 filing deadline for 2005 reports by 45 days (from March 31, 2006 to May 15, 2006) for any employer with a fiscal year ending on December 31... more

03/03/06 Assessing the Potential Impact of the SEC’s Proposed Expansion of Executive Compensation Disclosure, Tax Analysts Financial Reporting Watch

Outside Publication | Article
Althea Day

03/03/06 Navigating the 409 Minefield, Tax Management Compensation Planning Journal, Vol. 34, No. 3

Outside Publication | Article
Michael Holzman, Brian Hector

March 2006 Morgan Lewis on ESOPs
March 2006

Newsletter | Morgan Lewis on ESOPs
ESOP Team and Employee Benefits Practice

In this Issue: Malpractice Claims May Be Brought in State Court Against Firm That Allegedly Undervalued Stock Help in ESOP: In a recent ruling that could have an impact on professional service providers within the ... more

02/23/06 Going to 100-Percent ESOP Ownership, presented at The ESOP Association's 2006 S Corporation ESOP seminar, Orlando, FL

Presentation | Speech
David Ackerman

02/22/06 Additional Guidance Relating to Qualified Plan Compliance Amendment and Filing Deadlines

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

The IRS has recently issued additional guidance relating to qualified plan compliance amendment and filing deadlines. Specifically, the IRS issued Rev. Proc. 2005-76, which extends the Heinz deadline? Notice 2005-95, which cl... 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

02/10/06 Other Post-Employment Benefit Liabilities

Presentation | Webinar
Robert Abramowitz, Andy Anderson

02/08/06 SEC Executive Compensation Disclosure Proposals: SEC Executive Compensation

Presentation | Webinar
Mims Zabriskie, Thomas Kellerman, Alan Singer

02/01/06 ESOP Logic: How to Cash Out Tax-Free and Still Keep Your Business — A Practical Guide for Business Owners and Their Advisors

Morgan Lewis Title | White Paper
David Ackerman, John Kober

This White Paper will briefly explain how ESOPs work and will illustrate how to use an ESOP to solve some problems faced by virtually all private companies and their owners. First, we’ll explain the legal mechanics involv... more

February 2006 SEC’s Proposed Rules on Executive Compensation, presented as an Association of Corporate Counsel Webinar

Presentation | Webinar
Althea Day

February 2006 The Time Is Now: Are You Ready for the New LM-10 Reporting Requirements? The Investment Lawyer, Vol. 13, No. 2

Outside Publication | Article
Marianne Yudes, I. Lee Falk

01/27/06 Access to Retirement Plan Funds for Victims of Hurricanes Rita and Wilma

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

On December 22, 2005, President Bush signed into law the Gulf Opportunity Zone Act of 2005 (GO Zone), Public Law 109-135. The GO Zone permits individuals affected by Hurricane Katrina, Hurricane Rita, and/or Hurricane Wilma eas... more

01/23/06 New Jersey Extends Dependent Medical Coverage to Age 30

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

On January 12, outgoing New Jersey Governor Richard Codey signed legislation (P.L. 2005, c.375) requiring insured medical plans in New Jersey to either extend dependent coverage until age 30 or, alternatively, adopt a complicate... more

01/18/06 SEC Issues Proposals for Expanded Executive Compensation Disclosure

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

As expected, the Securities and Exchange Commission (SEC) approved the release of proposals to amend its disclosure requirements with respect to executive compensation. The proposals will affect the disclosure in proxy statemen... more

01/09/06 Guidance Issued On Medicare Part D: Creditable Coverage Disclosure to CMS

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

On January 4, the Centers for Medicare & Medicaid Services (CMS) issued long-awaited guidance on the obligation for entities to inform CMS of whether prescription drug coverage is creditable for purposes of Medicare Part D. ... more

01/05/06 Doing Business Under the Department of Labor's LM-10 Requirements: Compliance and Practical Guidelines for Employers and Certain Service Providers

Presentation | Webinar
John Ring, I. Lee Falk, Daniel Kleinman

01/04/06 Doing Business Under the Department of Labor's LM-10 Requirements: Compliance and Practical Guidelines for Employers and Certain Service Providers

Presentation | Webinar
John Ring, Daniel Bordoni, Philip Miscimarra, Charles Cohen

01/04/06 Technical Corrections in Gulf Opportunity Zone Act of 2005: Expand Definition of Dependent

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

On December 21, President Bush signed the Gulf Opportunity Zone Act of 2005 (Public Law 109-135). A number of technical corrections to recent tax legislation are included among the act’s provisions affording hurricane-rel... more

2006 The Evolving Debt Markets Drive Private Equity Firms to Exit Certain Portfolio Companies by Using an ESOP Financial Structure in Management Led Buyouts, Financier Worldwide Private Equity-Venture Capital Series

Outside Publication | Article
John Kober

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 regulati... more

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

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

12/15/05 S Corporation Issues, presented at a Webinar sponsored by the National Center for Employee Ownership

Presentation | Webinar
David Ackerman

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 2005 calend... more

12/08/05 DOL Guidance on Employer Payments and Expenses Provides Important LM-10 Compliance Information for Employers and Service Providers

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

Last month, the Department of Labor (DOL) issued long-awaited guidance for employers concerning LM-10 reporting and disclosure obligations under the Labor-Management Reporting and Disclosure Act (LMRDA), 29 U.S.C. §§ 4... more

11/16/05 Welfare Plan Update: Plan Year-End Roundup

Presentation | Webinar
Andy Anderson

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

Presentation | Webinar
Employee Benefits

11/11/05 Service Providers to Taft-Hartley/Union-Affiliated Pension or Welfare Trusts Alert! DOL Issues Long-Awaited LM-10 Employer Reporting and Disclosure Guidance

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

In a shift from its longstanding policy, the Department of Labor (DOL) has expressed renewed zeal in enforcing the reporting requirements contained in the Labor-Management Reporting Disclosure Act (LMRDA). The LMRDA requires em... more

11/10/05 Basic Fiduciary Issues, presented at The ESOP Association's 2005 Two-Day conference, Las Vegas, NV

Presentation | Speech
David Ackerman

11/10/05 Legal Aspects of Corporate Governance, presented at The ESOP Association's 2005 Two-Day conference, Las Vegas, NV

Presentation | Speech
David Ackerman

November 2005 Morgan Lewis on ESOPs
November 2005

Newsletter | Morgan Lewis on ESOPs
ESOP Team and Employee Benefits Practice

In this Issue: Best Plan Practices for Retirement Plans Holding Company Stock: It seems that hardly a week passes by without news of yet another company or plan fiduciary being sued by employees over drops in the... more

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

Presentation | Webinar
Mims Zabriskie, Craig Bitman, David Zelikoff

11/07/05 Tax Reform Proposals and ESOPs

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

Earlier this year, President George Bush established an Advisory Panel on Tax Reform to identify the major problems in our federal income tax laws and to recommend options to make these laws simpler, fairer, and more conducive t... more

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 of the Inte... more

11/03/05 Defined Contribution Plan Year-End Roundup

Presentation | Webinar
R. Tracht, Althea Day

Winter 2005 How Does a Securities Fraud Settlement Affect an ERISA "Stock Drop" Case? Benefits Law Journal, Vol. 18, No. 4

Outside Publication | Article
Deborah Davidson

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

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

Equity Plan Issues Presentation

November 2005 Section 409A – Guidance for Deferred Compensation Plans, presented at the Lloyd Institute National Benefit Conference, Pittsburgh

Presentation | Speech
Althea Day

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

Presentation | Webinar
John Ferreira, Zaitun Poonja, Claudia Hinsch

10/25/05 Defined Contribution Plan: Year-End Roundup

Presentation | Webinar
R. Tracht, Althea Day

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

Presentation | Webinar
David Zelikoff

10/13/05 IRS Proposes Regulations for Employer Comparable Contributions to Health Savings Accounts

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

On August 26, the Internal Revenue Service (IRS) issued proposed regulations for employer comparable contributions to health savings accounts (HSAs). The proposed regulations clarify and expand earlier guidance in Notice 2004-2... more

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 deferred compens... more

10/10/05 Immediate Action Required - Medicare Part D

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

If you provide prescription drug benefits to active employees or retirees, you likely have to comply with certain requirements of Medicare Part D, and there are important dates fast approaching! Notice - November 15, 2005 ... more

10/07/05 Treasury and IRS Address Dependent Care Form W-2 Reporting For New 2-1/2-Month Grace Period

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

On September 7, 2005, the Treasury Department and the IRS published Notice 2005-61, which addresses Form W-2 reporting requirements for employers who amend their cafeteria plan to take advantage of the new 2-1/2-month grace peri... 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 number of impo... 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 Internal Revenue... more

09/30/05 In Response to Recent Hurricanes, Retirement and Welfare Plan Requirements Are Relaxed For Affected Plans and Individuals

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

On September 23, 2005, President Bush signed the Katrina Emergency Tax Relief Act of 2005 (KETRA) into law. As it relates to employee benefit plans, KETRA gives individuals affected by Hurricane Katrina easier access to retirem... more

09/30/05 The Role of Internal and External Trustees and Fiduciaries: Who Will Guard Your Tent?, presented to The ESOP Association - Western States Chapter, Indian Wells, CA

Presentation | Speech
Scott Adamson

09/23/05 Employers Required to Provide Medicare Part D Notices to Workers, Pittsburgh Business Times (Click here to read the article.)

Outside Publication | Article
Lauren Licastro

September 2005 Morgan Lewis on ESOPs
September 2005

Newsletter | Morgan Lewis on ESOPs
ESOP Team and Employee Benefits Practice

In this Issue: IRS Issues Proposed Regulations Denying Deduction for Redemption of Stock Held by an ESOP: On August 24, 2005, the IRS issued proposed regulations that confirm the IRS’s position that payments in re... more

09/20/05 S Corporation ESOPs

Presentation | Webinar
David Ackerman

09/16/05 Employer HSA Contributions: Proposed Comparability Regulations, presented at the ABA 2005 Joint Fall CLE Meeting

Presentation | Speech
Andy Anderson

09/15/05 Amsted Industries Case Study, presented at The ESOP Association's 2005 Repurchase Obligation seminar, Chicago

Presentation | Speech
David Ackerman

09/14/05 Benefits Outsourcing: An In-Depth Look at a Maturing Industry

Presentation | Webinar
Barbara Melby

September/October 2005 Deferred Compensation for Executives of Tax-Exempts, Continued, Taxation of Exempts, Vol. 17, Iss. 2

Outside Publication | Article
Gregory Needles

08/31/05 IRS Focus on Exempt Organization Compensation

LawFlash/Client Alert | Tax-Exempt Organizations LawFlash
Tax-Exempt Organizations and Employee Benefits

Corporate scandals, excessive compensation packages and questionable accounting standards have made headlines over the past several years. While much of the focus has been on public companies, Section 501(c)(3) tax-exempt organ... 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 tax on compensa... more

08/01/05 IRS Proposes Regulation for Electronic Transmission of Employee Benefit Plan Notices, Elections and Consents

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

On July 13, 2005 the Internal Revenue Service (IRS) and the Treasury Department issued proposed regulations for the use of electronic media to provide notices to plan participants and beneficiaries or to transmit elections or co... more

07/28/05 IRS Issues Final 401(k) Regulations

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

The IRS has issued comprehensive regulations addressing many issues facing sponsors of 401(k) plans, which are now the most widely used form of retirement plan in the United States. These new regulations address a number of imp... more

07/28/05 The 401(k) and (m) Regulations Enter the 21st Century

Morgan Lewis Title | White Paper
Employee Benefits

At the end of 2004, the Internal Revenue Service (IRS) issued final regulations on salary deferrals and matching and post-tax employee contributions under Sections 401(k) and (m) of the Internal Revenue Code (the Code), the firs... more

Summer 2005 Morgan Lewis on ESOPs
Summer 2005

Newsletter | Morgan Lewis on ESOPs
ESOP Team and Employee Benefits Practice

In this Issue: New ESOP Legislation Introduced: Legislation entitled the ESOP Promotion and Improvements Act of 2005 has been introduced in Congress. The proposed legislation would provide enhanced benefits to ESOPs... more

07/26/05 Medicare Part D Update

Presentation | Webinar
Robert Abramowitz

07/05/05 CMS Issues Guidance Regarding Required Medicare Part D "Creditable Coverage" Notices

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

The Centers for Medicare and Medicaid Services (CMS) recently issued guidance regarding “creditable coverage” under the new Medicare prescription drug program (Medicare Part D). The guidance focuses on the requireme... more

July/August 2005 ESOPs for S Corporations, Journal of Passthrough Entities

Outside Publication | Article
David Ackerman

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 compensat... more

06/17/05 Stock Drop Litigation 101 - An ERISA Tutorial, presented to the Chubb Group, Florham Park, NJ

Presentation | Speech
Christopher Weals

06/15/05 Treasury and IRS Extend Time to Incur Expenses in Cafeteria Plans

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

On May 18, the Treasury Department and the IRS published Notice 2005-42, which modifies the current prohibition on compensation deferral in the proposed cafeteria plan regulations under section 125 of the Internal Revenue Code. ... more

06/10/05 House Introduces Broad Pension Reform Legislation

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

On June 9, 2005, House Education and Workforce Committee Chairman John Boehner (R-OH) and Ways and Means Committee Chairman Bill Thomas (R-CA), along with several other key House members, introduced the Pension Protection Act (H... more

05/31/05 The Fontani Decision: Statements on Form U-5 Afforded "Absolute Privilege" Under California Law

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

In Fontani v. Wells Fargo Investments, LLC , the California Court of Appeal held that the absolute privilege established by Civil Code Section 47(b) applies to statements made on Uniform Termination Notice for Securities Indust... more

05/25/05 Outsourcing the HR Function: How to Navigate Through the Human Resources (HRO) Process

Presentation | Webinar
Michael Pillion, Barbara Melby

05/20/05 ESOP as a Succession Planning Strategy, presented at a seminar sponsored by the Wisconsin Institute of Certified Public Accountants, Madison, WI

Presentation | Speech
David Ackerman

May 2005 Morgan Lewis on ESOPs
May 2005

Newsletter | Morgan Lewis on ESOPs
ESOP Team and Employee Benefits Practice

In this Issue: Comments Presented at IRS Hearing on Rule 409(P) Regulations: At a public hearing held by the IRS on April 20, 2005, The ESOP Association presented its comments and proposals relating to the New Regul... more

05/11/05 Lessons for Fiduciaries from Recent Case Law & Rulings, presented at The ESOP Association's 2005 Annual Conference, Washington, D.C.

Presentation | Speech
David Ackerman

05/07/05 ESOPs as a Succession Planning Strategy, presented at the American Institute of Certified Public Accountants' Retirement Planning Seminar, Las Vegas, NV

Presentation | Speech
David Ackerman

04/29/05 Treasury Issues Proposed Regulations for Roth 401(k) Plans

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

The Treasury Department has recently issued proposed regulations for establishing and administering Roth 401(k) accounts. Similar to the Employer Retirement Savings Account proposed by the Bush administration, Roth 401(k)s were... 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

04/25/05 ESOPs as a Succession Planning Strategy¸ presented at the National Automobile Dealers Association CFO Roundtable, Chicago

Presentation | Speech
David Ackerman

04/22/05 ESOP Advanced Fiduciary Issues, presented at the National Center for Employee Ownership's 2005 Annual Conference, San Francisco

Presentation | Speech
David Ackerman

04/20/05 Cost Saving Ideas for Self-Insured Health Plans

Presentation | Webinar
Employee Benefits

April 2005 Morgan Lewis on ESOPs
April 2005

Newsletter | Morgan Lewis on ESOPs
ESOP Team and Employee Benefits Practice

In this Issue: Recent Class-Action Cases Survive Motions to Dismiss, Address Standing Issues: On March 31, 2005, a New York district court issued an opinion in In re Polaroid ERISA Litigation , holding that partici... more

04/12/05 The ABC's of ESOPs, presented at the Michigan Chapter of The ESOP Association's 2005 Spring ESOP Conference, Lansing, MI

Presentation | Speech
David Ackerman

04/01/05 Smith v. City of Jackson: Good News and Bad News for Employers Defending Against Disparate Impact Claims Under the ADEA

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

On March 30, 2005, in Smith v. City of Jackson , a divided Supreme Court resolved a longstanding circuit split, holding that plaintiffs bringing claims under the Age Discrimination in Employment Act (ADEA) can rely on the dispa... more

04/01/05 EEOC Rule Allowing Coordination of Retiree Health Benefits with Medicare Permanently Enjoined

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

On March 30, 2005, a federal judge in the Eastern District of Pennsylvania permanently enjoined the Equal Employment Opportunity Commission (EEOC) from issuing a rule that would permit employers to reduce health benefits when a ... more

March 2005 Morgan Lewis on ESOPs
March 2005

Newsletter | Morgan Lewis on ESOPs
ESOP Team and Employee Benefits Practice

In this Issue: IRS Corrects 409(P) Regulations: On March 12, 2005, the IRS issued a notice correcting the Temporary Regulations, deleting the offending provision. Class Certification Granted in United Airlines ... more

03/24/05 IRS Says Separately Paid Wrap Fees Are Not Deemed IRA Contributions

LawFlash/Client Alert | Employee Benefits LawFlash
Marianne Yudes, I. Lee Falk

In February 2005, the Internal Revenue Service (IRS) issued Private Letter Ruling (PLR) 200507021. The ruling clarified that Individual Retirement Account (IRA) owners can pay wrap fees with funds outside their IRAs without the... more

03/18/05 ESOPs as a Succession Planning Strategy, presented to the Chicago Bar Association's Employee Benefits Committee, Chicago

Presentation | Speech
David Ackerman

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

March 2005 UPDATE: DOL Re-Issues Poster Providing Notice of USERRA Rights

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

On March 2, 2005, Morgan Lewis issued a LawFlash regarding the poster published by the Department of Labor (DOL), pursuant to The Veterans Benefits Improvement Act of 2004 (Public Law 108-454), providing employees with notificat... more

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

Presentation | Webinar
S. DiBernardo, Zaitun Poonja

03/03/05 Update: DOL Retracts Poster Providing Notice of USERRA Rights

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

On March 2, 2005, Morgan Lewis issued a LawFlash regarding the poster published by the Department of Labor (DOL), pursuant to The Veterans Benefits Improvement Act of 2004 (Public Law 108-454), providing employees with notificat... more

March 2005 DOL Issues Poster Providing Notice of USERRA Rights

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

The Veterans Benefits Improvement Act of 2004 (Public Law 108-454), which amended the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. § 4301 et seq . (USERRA), requires that employers notify covered employe... more

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 Revenue ... more

02/25/05 Does Your Organization Have the Necessary Compensation Information to Back Up What it is Paying its Executives?; ABA Health Law Section's 6th Annual Emerging Issues In Healthcare Law 2005, Lake Buena Vista, FL

Presentation | Speech
Gregory Needles

02/24/05 Basic Fiduciary Issues, presented at The ESOP Association's 2005 S Corporation Seminar, Orlando, FL

Presentation | Speech
David Ackerman

February 2005 Morgan Lewis on ESOPs
February 2005

Newsletter | Morgan Lewis on ESOPs
ESOP Team and Employee Benefits Practice

In this Issue: Recent DOL Field Guidance and WorldCom Case Provide Comfort to Directed Trustees: In the last two months, there have been two important developments relating to the liability of directed trustees of... more

02/22/05 Retirement Plan Sponsors Must Decide Soon Whether to Implement New Automatic Rollover Requirements

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

On February 18, the Judicial Panel on Multidistrict Litigation issued an order consolidating the insurance brokerage misconduct and antitrust cases pending against Marsh & McLennan and others in federal district courts in Ne... more

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

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

02/16/05 The Expanding Web of ERISA Fiduciary Responsibility

Presentation | Webinar
Donald Havermann, Nicole Diller, Brian Ortelere

02/03/05 Legislation Enacted Abolishing Common Law Marriage in Pennsylvania

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

Pennsylvania Governor Ed Rendell recently signed new legislation that abolished common law marriage on a prospective basis after January 1, 2005. The legislation specifically provides that it does not invalidate any common law ... more

01/12/05 Pennsylvania DOR Reverses Position Regarding Taxation of Deferred Compensation

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

On May 12, 2004, the Commonwealth Court of Pennsylvania held in the consolidated cases, Ignatz v. Commonwealth , and Peabody v. Commonwealth , that elective deferrals of compensation by employees under nonqualified deferred co... more

01/11/05 Final HIPAA Regulations Expand and Sharpen Group Health Plan Portability Requirements

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

On December 30, 2004, the Department of the Treasury, the Department of Labor and the Department of Health and Human Services jointly issued final regulations that modify and clarify previously published interim rules governing ... more

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

Morgan Lewis Title | 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 Creation Act e... 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, including the impositi... more

2005 Legal Considerations for S Corporation ESOPs (Chapter 2), S Corporation ESOPs, 2nd ed. (National Center for Employee Ownership)

Outside Publication | Chapter
David Ackerman

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. Section 409A imposes re... more

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

Presentation | Webinar

Initial 409A Guidance

12/15/04 HIPAA - How the Security Rules Will Impact Employers and the Health Plans they Sponsor

Presentation | Webinar
Georgina O'Hara

12/14/04 COBRA Update

Presentation | Webinar
Employee Benefits

12/07/04 HIPAA - How the Security Rules Will Impact Employers and the Health Plans They Sponsor

Presentation | Webinar
Georgina O'Hara

November/December 2004 Deferred Compensation Planning for Executives of Tax-Exempt Employers, Taxation of Exempts

Outside Publication | Article
Gregory Needles

12/03/04 IRS Issues Guidance on Deductibility of Redemption Payments to ESOPs

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

The Office of Chief Counsel of the IRS recently issued guidance to its attorneys regarding deductions claimed by corporate taxpayers under Section 404(k) of the Internal Revenue Code (the "Code") in connection with redemptions o... more

11/16/04 Risk Management for ERISA Fiduciaries - Simple Steps to Limit Fiduciary Exposure

Presentation | Webinar
R. Tracht

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

Presentation | Webinar
Gary Rothstein, Althea Day

11/09/04 Innovative Uses of ESOPs in Business Planning, presented to the Pittsburgh Chapter of the Association for Corporate Growth, Pittsburgh

Presentation | Speech
David Ackerman

November 2004 Morgan Lewis on ESOPs: Special Edition
November 2004

Newsletter | Morgan Lewis on ESOPs
Employee Benefits

In this Issue: Morgan Lewis Welcomes New ESOP Team New Tax Law Authorizes S Corporation ESOPs to Apply Distributions to Repay Loans: The newly-enacted American Jobs Creation Act contains a provision of gr... more

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

Presentation | Webinar
Joseph Ronan, Jr., 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 as of Janua... more

09/29/04 Health Plans and Employers Who Sponsor Them Face Additional HIPAA Requirements

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

By now, you are probably familiar with the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule and the many requirements it imposes on group health plans (and the employers that sponsor them), health care pr... more

September 2004 Morgan Lewis on Benefits
September 2004

Newsletter | Morgan Lewis on Benefits
Employee Benefits

In this Issue: Featured Articles: Same-Sex Marriages: Potential Effects on Employee Benefit Plans Self-Correcting Delinquent Contributions Administrative Notes: What Every Benefits Profess... more

09/14/04 Morgan Lewis Expands Employee Benefits Practice – Opens Dallas Office and Expands Chicago and Los Angeles Offices

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

Effective September 13, 2004, eight partners joined Morgan Lewis from Jenkens & Gilchrist, a major national law firm. The expansion increases Morgan Lewis presence across the nation, with the opening of a Dallas office, whi... more

September 2004 Big Court Victory for ESOP Company and Trustee, ESOP Report

Outside Publication | Article
Theodore Becker, David Ackerman

07/01/04 U.S. Supreme Court Holds That State Tort Claims Arising from a Denial of Plan Coverage Are Preempted by ERISA

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

On June 21, 2004, the U.S. Supreme Court unanimously ruled in Aetna Health, Inc. v. Davila that ERISA completely preempts state law tort claims brought against two ERISA plan administrators who denied certain coverage under... more

06/07/04 Corporate Governance Under ERISA: The Power to Influence Corporations, Employee Benefits Journal

Outside Publication | Article
Craig Bitman

06/07/04 Paperless Benefit Plan Administration in the New Millennium, Employee Benefits Journal

Outside Publication | Article
Craig Bitman

05/27/04 Massachusetts Same-Sex Marriages: Potential Effects on Employee Benefit Plans

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

In its November 2003 decision of Goodridge v. Department of Public Health , the Supreme Judicial Court of Massachusetts concluded that the Massachusetts Constitution prevents the Commonwealth from limiting the “protection... more

05/13/04 Mergers and Acquisitions Involving ESOP Companies, presented at The ESOP Association's 2004 Annual Conference, Washington, D.C.

Presentation | Speech
David Ackerman

05/03/04 Fiduciary Law Update, presented at the 27th Annual ESOP Conference

Presentation | Speech
Erin Turley

04/29/04 Should You Convert Your ESOP Company from a "C" Corporation to an "S" Corporation?, presented at the National Center for Employee Ownership's 2004 Employee Ownership Conference, Chicago

Presentation | Speech
David Ackerman

04/27/04 Recent Pronouncements Will Require Various Changes in Plan Administration

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

During the past several months, the IRS and the U.S. Department of Labor (DOL) have issued regulations that will require administrators of certain pension and welfare plans to significantly change the way they administer their p... more

04/07/04 IRS Regulations on Retroactive Payment of Pension Benefits

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

The IRS has issued final regulations applicable to retroactive payment of pension benefits by defined benefit plans. These regulations are effective as of July 16, 2003, and apply to plan years beginning after January 1, 2004. ... more

03/09/04 Mutual Fund Scandals: What’s a Plan Fiduciary to Do? The Department of Labor Provides Guidance

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

In response to the ever-growing number of allegations, charges and settlements relating to trading abuses within the mutual fund industry, the Department of Labor (the “Department”) recently published guidance to aid... more

02/26/04 Fiduciary Issues in S Corporation ESOPs, presented at The ESOP Association's 2004 S Corporation Seminar, Orlando, FL

Presentation | Speech
David Ackerman

02/06/04 Late Transfers of Participant Contributions Must Now Be Reflected in Plan Accounting Opinions

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

A change in the instructions to the 2003 Annual Report on IRS Form 5500 represents the latest step in the ongoing crackdown by the Department of Labor (the “DOL”) on late transfers of participant contributions to emp... more

February-March 2004 For Better, For Worse or For Taxes! (co-author), Journal of Tax Practice & Procedure, Vol. 6

Outside Publication | Article
Nisha Jain

01/13/04 IRS Focus on Executive Compensation

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

Executive compensation, which is already under scrutiny by shareholders and others, is now getting closer attention from the IRS. The IRS has announced that it has initiated a study of companies’ compliance with executive... more

2004 Morelli v. Cedel: Ignoring Jurisictional Limits and Outflanking Congress Towards the Internationalization of the ADEA, University of Pittsburgh Law Review, Vol. 65

Outside Publication | Article
Matthew Hawes

2004 ESOP Loans and Loan Documentation (Chapter 4), Commercial Loan Documentation Guide (Matthew-Bender)

Outside Publication | Chapter
John Kober

January 2004 Sarbanes-Oxley Act of 2002: A Changing World for Accounting, Executive Compensation, and Benefits, presented as a Webinar for the International Foundation of Employee Benefit Plans

Presentation | Webinar
Althea Day

2004 So No Damn Politician Can Ever Scrap It: The Constitutional Protection of Social Security Benefits, University of Pittsburgh Law Review, Vol. 65

Outside Publication | Article
Matthew Hawes

12/08/03 December 31 Deadline for Split-Dollar Insurance Safe Harbor

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

As a reminder, companies with certain split-dollar life insurance arrangements that were in effect on January 28, 2002 may want to take action before the end of the year to avoid adverse tax consequences. Specifically, for s... more

11/20/03 Tax Implications, Opportunities, and Pitfalls for ESOP Companies in Mergers and Acquisitions, presented at The ESOP Association's 2003 Two-Day Conference, Las Vegas, NV

Presentation | Speech
David Ackerman

11/07/03 Mutual Fund Scandals: What’s a Plan Fiduciary to Do?

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

It has now been some weeks since the initial allegations were made against four mutual fund families. They include allegations of “late day trading,” “market timing” and/or the selective disclosure of po... more

10/31/03 Mutual Fund Profiles Satisfy 404(c) Prospectus Delivery Requirement for Participant Directed Plans

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

In Department of Labor (“DOL”) Advisory Opinion 2003-11A (September 8, 2003), the DOL concludes that the distribution of a summary of investment information (or fund profile) of a mutual fund meets the prospectus del... more

October 2003 Deferred Compensation, Guide to Federal Tax Issues for Colleges and Universities (Atlantic Information Services, Inc. and National Association of College and University Business Officers) 1000 et seq.

Outside Publication | Chapter
Gregory Needles

Fall 2003 The Employer's Bottom Line, HR Advisor

Outside Publication | Article
Craig Bitman

October 2003 Morgan Lewis on Benefits
October 2003

Newsletter | Morgan Lewis on Benefits
Employee Benefits

In this Issue: FEATURED ARTICLES: Cash Balance Plans Under Siege The Dangers of Defective SPDs ADMINISTRATIVE NOTES: IRS Issues Final 457 Regulations Issuance of Final Treasury Regulati... more

09/23/03 Over-The-Counter Drugs Can Be Reimbursed Under a Health FSA

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

The Internal Revenue Service recently announced that medicines and drugs do not have to be prescribed by a physician in order to be reimbursed under employer-sponsored health plans, although the prescription requirement continue... more

08/22/03 New Technique For Handling Underwater Options

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

Companies that rely heavily on stock option grants as a substantial part of the compensation package they provide their employees have been in a continuous struggle over the past two years to restore value to those options as th... more

July 2003 Morgan Lewis on Benefits
July 2003

Newsletter | Morgan Lewis on Benefits
Employee Benefits

In this Issue: Featured Articles: Funding Employee Benefits Through Captive Insurers Contributions of Company Stock, Debt or Property to Pension Plans Administrative Notes: DOL Issues Pr... more

07/11/03 Legal Aspects of ESOP Communications, presented at The ESOP Association's 2003 Communications Conference, Chicago

Presentation | Speech
David Ackerman

07/11/03 Legal Aspects of ESOP Communications, presented at The ESOP Association's 2003 Communications Conference, Chicago

Presentation | Speech
David Ackerman

06/10/03 Department Of Labor Issues Guidance On Allocation Of Defined Contribution Plan Expenses

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

On May 19, 2003, the Department of Labor (“DOL”) issued Field Assistance Bulletin (“FAB”) 2003-3 to address the allocation of certain defined contribution plan expenses among participant accounts. In light... more

06/06/03 Funding Employee Benefits Through Captive Insurers

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

On May 5, 2003, the Department of Labor (the “DOL”) issued a final individual prohibited transaction exemption to Archer Daniels Midland Company (PTE 2003-07) addressing its use of a captive reinsurer, in combination... more

05/30/03 ESOPs in Going-Private Transactions, presented at the Financial Managers Society's Conference on Considering Going Private, Washington, D.C.

Presentation | Speech
David Ackerman

Spring 2003 Pension Plan Funding, HR Advisor

Outside Publication | Article
Craig Bitman

04/30/03 Fiduciary Issues for Internal Trustees, presented at The ESOP Association's 2003 Annual Conference, Washington, D.C.

Presentation | Speech
David Ackerman

04/29/03 Global News Flash - Finance Bill 2003: Effect on Equity Plans

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

On April 16, the United Kingdom published the Finance Bill 2003, setting the stage for significant changes in the taxation scheme for equity incentives in the United Kindgom. The following is a brief summary of some of the sign... more

04/11/03 Technical Issues: Update for Sub-S ESOPs, presented at the 2003 Ohio Employee Ownership Conference, Akron, OH

Presentation | Speech
David Ackerman

04/10/03 Nuts & Bolts - Critical Steps to Building a Successful Start-Up

Presentation | Speech
John Ferreira, Peter Watt-Morse, Eric Kline

03/24/03 Global News Flash: Recent Updates on Equity Plans

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

This LawFlash contains a summary of some of the recent developments relating to employee equity plans in selected foreign jurisdictions. The countries covered in this edition of the Global News Flash include the United Kingdom,... more

03/07/03 Final Security Regulations Published Under HIPAA

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment

With less than two months before the April 14, 2003 deadline for compliance with the HIPAA Privacy Regulations, the U.S. Department of Health & Human Services published the final HIPAA Security Regulations on February 20, 20... more

March 2003 Morgan Lewis on Benefits
March 2003

Newsletter | Morgan Lewis on Benefits
Employee Benefits

In this Issue: Featured Articles: HIPAA Deadline Approaching Fast Deemed IRAs — Effective January 2003 Administrative Notes: New Guidance on Age Discrimination Rules for Cash-Balance Plans... more

02/28/03 Executive Compensation: Issues for S Corporation ESOPs, presented at The ESOP Association's 2003 S Corporation ESOP seminar, Orlando, FL

Presentation | Speech
David Ackerman

01/22/03 Sarbanes-Oxley Act of 2002: A Changing World for Accounting, Executive Compensation and Benefits

Presentation | Speech
Gregory Needles, Althea Day

01/16/03 Corporate Governance in ESOP Companies, presented at the Illinois Chapter of The ESOP Association's 2003 Annual Conference, Oak Brook, IL

Presentation | Speech
David Ackerman

2003 ESOPs and S Corporations (Chapter 8, 7th ed.), Selling to an ESOP (National Center for Employee Ownership)

Outside Publication | Chapter
David Ackerman

12/04/02 Planning for Ownership Succession in the Family Business, presented to the Financial Planners Association of Illinois, Northbrook, IL

Presentation | Speech
David Ackerman

11/21/02 Discretionary Trustees Can Now Utilize (for an Additional Fee) the Services of Affiliated Broker-Dealers Under ERISA PTE 86-128

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

In response to the consolidation in the financial services industry that has resulted in more trustees having affiliations with broker-dealers, the Department of Labor has adopted a technical amendment to ERISA Prohibited Transa... more

11/21/02 DOL Amicus Brief in Enron Litigation Raises Novel Fiduciary Concerns

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

An ERISA fiduciary owes a duty of loyalty to the plan it serves and the plan’s participants and beneficiaries. That duty has never been easy to fulfill, particularly for company officers who often must contend with confli... more

11/14/02 Buying or Selling a Business: Structuring and Tax Planning, presented at The ESOP Association's 2002 Two-Day Conference, Las Vegas, NV

Presentation | Speech
David Ackerman

10/22/02 Labor Department and IRS Announce Joint ERISA Form 5500 Filing Project: Its Effect on the Delinquent Filer Volunteer Complance Program

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

The Department of Labor’s Pension and Welfare Benefits Administration and the Internal Revenue Service are undertaking a joint project to ensure that all employee benefit plans have complied with ERISA and IRS obligations ... more

10/09/02 How ESOPs Work, presented at a workshop sponsored by the National Center for Employee Ownership, Chicago

Presentation | Speech
David Ackerman

10/01/02 Department of Labor States Its Position Regarding Limitation of Liability Clauses

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits

On August 26, 2002, the Department of Labor (“DOL”) issued Advisory Opinion 2002-08A (the “opinion”) to express its views regarding a trend in the benefits industry among plan service providers of requiri... more

Employee Benefits & Executive Compensation Publications of Interest

For More Information

Related Publications

Upcoming Webcasts

Upcoming Speaking Events

Related News

Fast Facts

Areas of Experience

Related Practices