Related Publications
Presentation | Speech
Christopher Weals,
Daniel Kleinman,
Jennifer Klass,
Craig Bitman,
Thomas Hogan
Presentation | Speech
Steven Spencer
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 Rulin... more
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 not... more
LawFlash/Client Alert | Financial Crisis Impact and Analysis Alert
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 im... more
Presentation | Speech
Gregory Needles
Outside Publications | Article
John Ferreira
LawFlash/Client Alert | Financial Crisis Impact and Analysis Alert
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 auth... more
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 for... more
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 ... more
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 Novemb... more
Presentation | Webcast
Heath Miller,
David Rosner
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 ... more
Presentation | Speech
Robert Abramowitz
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 Extensio... more
Presentation | Webcast
Christopher Weals,
Craig Bitman,
I. Lee Falk
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... more
Outside Publications | Article
Andy Anderson,
Nicole Diller
Presentation | Webcast
Marianne Yudes,
Thomas Hogan,
Daniel Kleinman
Outside Publications | Book
David Ackerman
Contents
Foreword Chapter 1: Determining Fiduciary Status Chapter 2: Fiduciary Duties Chapter 3: Prohibited Transactions Chapter 4: ... more
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 in... more
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 accou... more
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 ... more
Outside Publications | Article
Louis Joseph
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.... more
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. Patters... more
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 ... more
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 ... more
Outside Publications | Article
Julie Govreau,
Erin Turley,
Theodore Becker
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... more
Presentation | Speech
Daniel Hogans
Presentation | Speech
Erin Turley
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 techn... more
Outside Publications | Article
Lauren Licastro
Presentation | Webcast
Karen Peteros,
Andy Anderson,
Donald Sullivan
Presentation | Speech
Andy Anderson
Presentation | Webcast
Louis Joseph,
Daniel Hogans,
Mims Zabriskie
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)... more
Presentation | Speech
Daniel Hogans
Outside Publications | Article
Lauren Licastro
Presentation | Speech
Daniel Hogans
Marketing Material | Brochure
ESOP and Employee Benefits
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... more
Presentation | Webcast
Daniel Hogans
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 ... more
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 comparab... more
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 ... more
Outside Publications | Article
Daniel Hogans
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 op... more
LawFlash/Client Alert | Employee Benefits LawFlash
Thomas Hogan
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 prop... more
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 genera... more
Presentation | Speech
Andy Anderson
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 acq... more
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 nonquali... more
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... more
Presentation | Speech
Daniel Hogans
Presentation | Speech
Erin Turley
Presentation | Speech
Daniel Hogans
Outside Publications | Chapter
Deborah Davidson
Outside Publications | Article
Lauren Licastro
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 und... more
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 ... more
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 sponsor... more
Presentation | Speech
Daniel Hogans
Presentation | Speech
Daniel Hogans
Presentation | Speech
Daniel Hogans
Outside Publications | Article
Amy Kelly
Presentation | Speech
Daniel Hogans
Presentation | Speech
Daniel Hogans
Outside Publications | Chapter
Deborah Davidson
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits
On Monday, September 10, in Notice 2007-78 (the Notice), the IRS granted companies sponsoring deferred compensation plans limited additional transition relief for bringing documents into compliance with section... more
Presentation | Speech
Daniel Hogans
Presentation | Speech
Erin Turley
Presentation | Speech
Daniel Hogans
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 pla... more
Presentation | Speech
Daniel Hogans
Presentation | Speech
Daniel Hogans
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) contra... more
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 up... more
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 ... more
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:
Presentation | Speech
Andy Anderson
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 Discriminatio... more
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 ... more
Presentation | Webcast
S. DiBernardo,
Heather Brookfield,
Zaitun Poonja
Outside Publications | Article
Michael Holzman
Presentation | Webcast
Heath Miller,
Althea Day
Presentation | Speech
Andy Anderson
Presentation | Webcast
Amy Kelly,
David Zelikoff,
Mims Zabriskie
Presentation | Speech
David Ackerman
Outside Publications | Chapter
Deborah Davidson
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits
As reported in two previous LawFlashes, the IRS has issued final regulations (Final Regulations) under section 409A of the Internal Revenue Code, as amended (the Code) . The Final Regulations have an effective d... more
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits
On April 10, 2007, the IRS issued final regulations (Final Regulations) relating to nonqualified deferred compensation plans under section 409A of the Internal Revenue Code, as amended (the Code). Our first LawFlash on t... more
Presentation | Speech
Andy Anderson
Presentation | Webcast
Christopher Weals,
Donald Havermann,
Steven Spencer,
John Boxer,
I. Lee Falk
Presentation | Speech
David Ackerman
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits
On April 10, 2007, the Treasury Department and the IRS issued final regulations relating to nonqualified deferred compensation plans under section 409A of the Internal Revenue Code. Section 409A imposes restrictions on d... more
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 s... more
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 ... more
Presentation | Speech
Allison Wilkerson
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 c... more
Outside Publications | Article
Andy Anderson
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). &nbs... more
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 publish... more
Presentation | Speech
Erin Turley
Outside Publications | Article
Michael Holzman
Presentation | Speech
Michael Holzman
Presentation | Webcast
Michael Holzman,
Patrick Rehfield
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 ... more
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 guida... more
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 rollov... more
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits
As 2006 comes to a close, clients’ immediate concern is what needs to be completed by year end. The following checklist describes year-end action items with respect to (1) executive compensation and equity compensation p... more
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 ho... more
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(... more
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits
On November 30, 2006, the IRS, in Notice 2006-100, issued guidance related to reporting and wage withholding requirements for calendar years 2005 and 2006 with respect to deferred compensation arrangements under Section 409A... more
Presentation | Speech
Scott Adamson
Presentation | Speech
Scott Adamson
Presentation | Speech
Scott Adamson
Outside Publications | Article
Christian Bartholomew
LawFlash/Client Alert | Employee Benefits LawFlash
ESOP and Employee Benefits
Morgan Lewis is pleased to announce that it has expanded its ESOP Team in Chicago, San Francisco, and Washington, D.C., adding four new attorneys to the firm’s Employee Benefits and Executive Compensation and Business and Fi... more
Presentation | Webcast
Elizabeth Perdue,
Scott Adamson,
Terrence Dugan,
Brian Hector
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 re... more
Presentation | Webcast
David Cohn,
Steven Spencer
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
Outside Publications | Article
Erin Turley
Outside Publications | Chapter
Gary Rothstein
Presentation | Webcast
Althea Day,
R. Tracht
Presentation | Webcast
Mark Simons,
John Ferreira
Outside Publications | Chapter
Deborah Davidson
Presentation | Webcast
S. DiBernardo,
Alan Singer,
Mims Zabriskie
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 pensio... more
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits
On Thursday, August 17, 2006, President Bush signed into law the Pension Protection Act of 2006 (PPA). The PPA addresses numerous funding issues for single and multiemployer plans, new disclosure rules, and interest rate... more
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 (P... more