Employee Benefits & Executive Compensation
Publications of Interest
Outside Publication | Article
Brian Dougherty, George Tsai
The combination of increased retiree longevity and increased prices has resulted in many older Americans outliving their retirement savings. There are lifetime income payment options that would ameliorate this problem, but which... more
LawFlash/Client Alert | Employee Benefits and Investment Management LawFlash
Craig Bitman, Lindsay Jackson, Lisa Barton, Michael Richman, Julie Stapel, I. Lee Falk, Daniel Kleinman, R. Tracht, Marla Kreindler, Donald Myers
Guidance contains clarifications of participant-level disclosures and "good faith" standard for enforcement purposes.
LawFlash/Client Alert | Employee Benefits LawFlash
Andy Anderson
By taking a number of interim steps, employer group health plans can position themselves to respond quickly and appropriately—whether healthcare reform is upheld, partially upheld, or struck down.
Presentation | Webinar
Joseph Ronan, Jr., Althea Day
On April 18, 2012, Morgan Lewis presented the third installment of our Plan Sponsor Basics Webinar Series, which focused on the day-to-day issues that many plan sponsors face in the design and operation of their retirement pl... more
LawFlash/Client Alert | Employee Benefits LawFlash
R. Tracht, Julie Govreau, Lisa Barton, Brian Dougherty, Robert Abramowitz
Though limited to the D.C. Circuit, Stephens v. US Airways now stands as a warning that delayed payouts of ERISA benefits may draw claims for interest—unless those delays are tied to administrative processes.
Presentation | Webinar
Mims Zabriskie, Vicki Nielsen, David Zelikoff
On April 10, 2012, Morgan Lewis presented the second installment in the 409A Basics Webinar Series, which centered on how to avoid pitfalls in severance agreements. Topics discussed included: Structuring severance benef... more
Presentation | Webinar
Daniel Hogans, Leslie DuPuy, Althea Day
On March 29, 2012, Morgan Lewis presented the first installment in the 409A Basics Webinar Series, which discussed the basics of Section 409A. Topics discussed included: Arrangements subject to, and excluded from, S... more
Presentation | Webinar
Saghi Fattahian, Andy Anderson
As they prepare for open enrollment this fall, group health plan sponsors and insurers have a lot of work to do to make sure they are in compliance with the final Summary of Benefits and Coverage (SBC) rules. The recently issu... more
LawFlash/Client Alert | Employee Benefits LawFlash
Lauren Licastro
Health plan agrees to pay $1.5 million following HHS investigation of self-reported data breach.
Presentation | Webinar
Claudia Hinsch, Brian Dougherty
Brian Dougherty, Claudia Hinsch, and Susan Lastowski, panelists
LawFlash/Client Alert | Employee Benefits LawFlash
Saghi Fattahian, Lauren Licastro, Andy Anderson
Final regulations provide detail on the format, content, and delivery standards group health plan sponsors and insurers must follow when issuing this information.
Presentation | Webinar
A. James Vázquez-Azpiri, Tram-Anh Frank, François Vergne, Matthew Howse, Tony Mou, Mark Zelek, Eleanor Pelta, Walter Ahrens, Denise Backhouse, Zaitun Poonja
Morgan Lewis presented the first of a four part webinar sessions moderated by Morgan Lewis's International Labor and Employment team leader, Mark E. Zelek, entitled "Getting the Deal Through Labour & Employment 2011 - Man... more
Presentation | Webinar
Craig Bitman, Amy Kelly, Althea Day
Presentation | Webinar
Mark Simons
Presentation | Webinar
I. Lee Falk, Azeez Hayne
Morgan Lewis presented a one-hour webinar discussing what plan sponsors should be doing with service provider disclosures and how they are dealing with enhanced participant disclosures. Topics discussed included: W... more
LawFlash/Client Alert | Employee Benefits and Investment Management LawFlash
Michael Richman, I. Lee Falk, Donald Myers, Craig Bitman, Daniel Kleinman
Final regulation provides a number of helpful clarifications and changes, but continues to impose what will be a highly burdensome disclosure framework.
LawFlash/Client Alert | Employee Benefits and Investment Management LawFlash
Michael Richman, Donald Myers, Daniel Kleinman
Final regulation on required disclosures by plan service providers extends deadline for disclosures to July 1, 2012.
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
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.
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.
LawFlash/Client Alert | Employee Benefits and Investment Management LawFlash
Michael Richman, I. Lee Falk, Carly Grey
The IRS announces that, pending further action by the DOL, indemnification arrangements described in AO 2011-09A will not be considered prohibited transactions.
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
LawFlash/Client Alert | Employee Benefits LawFlash
Michael Richman
In September 2011, the U.S. Department of Labor (DOL) provided interim guidance, in the form of a temporary enforcement policy, detailing how the newly required disclosures for participant-directed retirement plans could be deli... more
LawFlash/Client Alert | Employee Benefits and Investment Management LawFlash
Michael Richman, Steven Spencer, Craig Bitman, Donald Myers, Daniel Kleinman, I. Lee Falk, Steven Stone
On October 20, the Employee Benefits Security Administration of the U.S. Department of Labor (DOL) issued Advisory Opinion 2011-09A (AO 2011-09A), in which it concludes that relief under Prohibited Transaction Class Exemption 80... more
LawFlash/Client Alert | Employee Benefits and Investment Management LawFlash
Employee Benefits and Investment Management Practices
The U.S. Department of Labor (DOL) has adopted a final regulation to implement the statutory exemption from the prohibited transaction rules of the Employee Retirement Income Security Act of 1974, as amended (ERISA), for the pro... more
LawFlash/Client Alert | Employee Benefits LawFlash
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
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
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
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
LawFlash/Client Alert | Employee Benefits LawFlash
Michael Richman, Daniel Kleinman
According to Department of Labor (DOL) officials, the agency will soon publish a "final" final regulation on required disclosures by plan service providers under the statutory prohibited transaction exemption provided by Section... more
LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice
In a much-anticipated decision, the U.S. Court of Appeals for the Second Circuit joined five other circuits in ruling that employer stock in a 401(k) plan is subject to a "presumption of prudence" that a plaintiff alleging fiduc... more
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.
Presentation | Webinar
Vicki Nielsen, David Fuller, Mary Hevener
Outside Publication | Article
Michael Richman, Donald Myers
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
LawFlash/Client Alert | Employee Benefits LawFlash
Michael Richman, Donald Myers
On September 19, the U.S. Department of Labor (DOL) announced that it will repropose its pending regulation that would amend the definition of what constitutes "investment advice" for purposes of creating fiduciary status under ... more
LawFlash/Client Alert | Employee Benefits LawFlash
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
LawFlash/Client Alert | Employee Benefits LawFlash
Michael Richman, Craig Bitman, Donald Myers, I. Lee Falk
When it published a final rule on disclosure requirements for participant-directed retirement plans in October 2010, the U.S. Department of Labor (DOL) reserved for further guidance whether this disclosure could be delivered in ... more
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
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
Presentation | Webinar
Vicki Nielsen, Andy Anderson
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
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
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
Presentation | Webinar
David Calder, Randall McGeorge, Amy Kelly, Mary Hevener
Presentation | Webinar
Mims Zabriskie, Justin Chairman, Patrick Rehfield, David Zelikoff
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
Presentation | Webinar
Claudia Hinsch, David Fuller
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
Presentation | Webinar
Claudia Hinsch, R. Tracht
Presentation | Speech
Brian Hector
Outside Publication | Article
Lauren Licastro
Presentation | Speech
John Kober
Presentation | Speech
Brian Hector
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
Presentation | Webinar
Michael Holzman
Presentation | Speech
Brian Hector
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
Outside Publication | Chapter
Gregory Needles
Presentation | Webinar
Mims Zabriskie, Linda Griggs, George Yearsich
Presentation | Webinar
Zaitun Poonja, Craig Bitman, A. James Vázquez-Azpiri, Tram-Anh Frank, Barton Bassett
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
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
Presentation | Webinar
Timothy Lynch, David Fuller, Mary Hevener
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice
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
Presentation | Webinar
Craig Bitman, Donald Myers, I. Lee Falk, Daniel Kleinman
Presentation | Webinar
Lauren Licastro, Andy Anderson
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
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
Presentation | Speech
Andy Anderson
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
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
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
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
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
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
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
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
Presentation | Speech
David Rosner
Morgan Lewis's David S. Rosner presented on "Overview of the Employee Plans Compliance Resolution System (... more
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
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
Presentation | Webinar
Claudia Hinsch, Howard Meyers
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
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
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.
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
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.
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
Outside Publication | Chapter
Deborah Davidson
Outside Publication | Chapter
Deborah Davidson
Outside Publication | Chapter
Deborah Davidson
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
Outside Publication | Article
Deborah Davidson
Outside Publication | Article
Lauren Licastro
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.
Presentation | Speech
Deborah Davidson
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
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
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
Outside Publication | Chapter
Mark Simons
Presentation | Webinar
Amy Kelly
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
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
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
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
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
Presentation | Webinar
Saghi Fattahian, Andy Anderson
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
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
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
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
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
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
Outside Publication | Article
Jerry Holmes, David Fuller
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
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
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
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
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
Outside Publication | Chapter
Robert Abramowitz
Presentation | Speech
Brian Hector
Presentation | Speech
Patrick Rehfield
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
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
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
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
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
Presentation | Webinar
Daniel Hogans, Vicki Nielsen, Mary Hevener
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
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
Outside Publication | Article
Jerry Holmes, David Fuller
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
Presentation | Speech
Donald Myers
Presentation | Speech
Michael Holzman
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice
On January 14, the U.S. Department of Labor (DOL) published a final regulation on when participant contributions—amounts an employer has received from its employees or withheld from wages for contribution to an employee ben... more
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice
The Department of Labor (DOL) released revised model COBRA notices and additional supporting material (including FAQs) this week in response to the COBRA 65% assistance payment changes contained in the Department of Defense Appr... more
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice
On January 5, 2010, the Internal Revenue Service (IRS) issued Notice 2010-6 (Notice), which establishes a document correction program for nonqualified deferred compensation programs under section 409A of the Internal Revenue Cod... more
Presentation | Webinar
Saghi Fattahian, Andy Anderson
Outside Publication | Article
Daniel Hogans, Leslie DuPuy, Mims Zabriskie
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice
On November 16, the Internal Revenue Service (IRS) issued final regulations with respect to options granted under an employee stock purchase plan (ESPP) under Section 423 of the Internal Revenue Code (the Code). The IRS also is... more
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice
A prior Morgan Lewis LawFlash addressed the proposed changes by RiskMetrics Group (RMG) (formerly Institutional Shareholder Services, or ISS) to its proxy advisory policies to be in effect for the 2010 proxy season. more
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice
On December 19, President Obama signed the Department of Defense Appropriations Act 2010 into law, and as a result, extended the COBRA American Recovery and Reinvestment Act of 2009 (ARRA) 65% assistance payment provisions adopt... more
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice
On November 16, the Internal Revenue Service (IRS) issued final regulations relating to the reporting requirements under Section 6039 of the Internal Revenue Code (the Code) for incentive stock options (ISOs) and employee stock ... more
LawFlash/Client Alert | 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
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice
While it is still too early to tell whether the healthcare reform bills on Capitol Hill will ultimately become law-or collapse into bitter recriminations-it is already possible to pick out the core employer group health plan con... more
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice
While our nation's eyes are focused on Washington, D.C. and the continuing debate about healthcare reform, another year is drawing to a close-and there are many other developments that must be addressed by health and welfare pl... more
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice
The following checklist describes important issues for consideration as 2009 comes ta close and we enter int2010. Though not exhaustive, this list is intended tprovide a reminder of some of the issues that will need tbe consider... more
Outside Publication | Article
Vicki Nielsen, David Fuller
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
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
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
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
Outside Publication | Article
John Ferreira
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
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
Presentation | Speech
Mims Zabriskie
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
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
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
Presentation | Webinar
W. Reece Hirsch, Georgina O'Hara
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
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
Presentation | Speech
Michael Holzman
Outside Publication | Article
Andy Anderson
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
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
Presentation | Speech
Brian Hector
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
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
Outside Publication | Article
Lauren Licastro
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
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
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
Presentation | Speech
Michael Holzman
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
Presentation | Webinar
Linda Griggs, Gary Rothstein
Morgan Lewis's Benjamin Delancy, Linda Griggs, and more
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
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
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
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
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
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
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
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
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
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
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
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
Presentation | Webinar
Michael Richman, Craig Bitman, Louis Joseph
Presentation | Webinar
Amy Kelly
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
Presentation | Webinar
Georgina O'Hara
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
Presentation | Webinar
John Ferreira, Althea Day, David Zelikoff
Outside Publication | Article
John Ferreira
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
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
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
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
Presentation | Webinar
Elizabeth Perdue, Brian Hector, Neil Herman
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
Presentation | Webinar
Theodore Becker, Patrick Rehfield
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
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
Outside Publication | Article
Lauren Licastro
Presentation | Webinar
Craig Bitman, Donald Myers, Daniel Kleinman
Outside Publication | Article
Leslie DuPuy, Gregory Needles
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
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
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
Presentation | Speech
Daniel Hogans, Michael Holzman
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
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
Presentation | Webinar
Renee Lewis, Erin Turley, Scott Adamson
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
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
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
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
Presentation | Speech
David Ackerman
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
Presentation | Webinar
S. DiBernardo, Amy Kelly, Zaitun Poonja
Outside Publication | Article
David Rosner
Outside Publication | Article
Lauren Licastro
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
Presentation | Webinar
Andrew Gottfried, Louis Singer, Jedd Wider
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
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
Presentation | Speech
Saghi Fattahian
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
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
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
Outside Publication | Article
Lisa Barton
Presentation | Speech
Michael Holzman
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
Presentation | Speech
Craig Bitman, Jennifer Klass, Christopher Weals, Daniel Kleinman
Presentation | Speech
Michael Holzman
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 Ruling 200827018, the ... more
Presentation | Speech
David Ackerman
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
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
Presentation | Speech
Gregory Needles
Outside Publication | Article
John Ferreira
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
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
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
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
Presentation | Speech
David Ackerman
Presentation | Webinar
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 un... 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 Extension Act of 2007 (Ac... more
Presentation | Speech
David Ackerman
Presentation | Webinar
Craig Bitman, I. Lee Falk, Christopher Weals
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
Outside Publication | Article
Nicole Diller, Andy Anderson
Presentation | Webinar
Daniel Kleinman
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
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
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
Presentation | Speech
David Ackerman
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
Outside Publication | 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. Co. v. Glenn , No. 06-923,... 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. Patterson , CV-04-BE-00531-... 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 the tax on the sa... 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 the stock before ... more
Outside Publication | Article
Julie Govreau, Erin Turley, Theodore Becker
Presentation | Speech
David Ackerman
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
Presentation | Speech
David Ackerman
Presentation | Speech
Daniel Hogans
Presentation | Speech
Erin Turley
Presentation | Speech
David Ackerman
Presentation | Speech
Marla Kreindler
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
Outside Publication | Article
Lauren Licastro
Presentation | Webinar
Andy Anderson, Karen Peteros
Presentation | Webinar
Althea Day
Presentation | Speech
Andy Anderson
Presentation | Speech
Daniel Hogans, Michael Holzman
Presentation | Webinar
Daniel Hogans, Louis Joseph, Mims Zabriskie
Presentation | Speech
Althea Day
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
Presentation | Speech
Daniel Hogans
Outside Publication | Article
Lauren Licastro
Presentation | Speech
Daniel Hogans
Presentation | Speech
David Ackerman
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 a corporation could ded... more
Presentation | Webinar
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 pension plan asse... more
Presentation | Speech
David Ackerman
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
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
Presentation | Speech
Marla Kreindler
Outside Publication | 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 option plans (ISOs)... more
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
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
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 acquired under an Em... 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 nonqualified deferred com... 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 provides that a ... more
Presentation | Speech
Daniel Hogans
Presentation | Speech
Erin Turley
Presentation | Speech
David Ackerman
Presentation | Speech
Daniel Hogans
Presentation | Speech
David Ackerman
Presentation | Speech
Deborah Davidson
Outside Publication | 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 under section 409A o... 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 31, 2008—the... 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 sponsors and practitione... more
Presentation | Speech
David Ackerman
Presentation | Speech
Daniel Hogans
Presentation | Speech
Daniel Hogans
Presentation | Speech
Daniel Hogans
Presentation | Speech
Marla Kreindler
Outside Publication | Article
Amy Kelly
Outside Publication | Article
Theodore Becker
Presentation | Speech
Daniel Hogans
Presentation | Speech
David Ackerman
Presentation | Speech
Daniel Hogans
Outside Publication | 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 409A of the Inte... 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 plan years beginning... 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) contracts and custodial... 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 update and expand t... 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 employee stock ow... more
Outside Publication | Article
Althea Day
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
Presentation | Speech
Andy Anderson
Presentation | Speech
Althea Day
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
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
Presentation | Webinar
Zaitun Poonja, S. DiBernardo, Heather Brookfield
Outside Publication | Article
Michael Holzman
Presentation | Webinar
Althea Day
Presentation | Speech
Andy Anderson
Presentation | Webinar
Mims Zabriskie, Amy Kelly, David Zelikoff
Presentation | Speech
David Ackerman
Presentation | Speech
David Ackerman
Presentation | Speech
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 date of January 1,... 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 this iss... more
Presentation | Speech
Andy Anderson
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 deferral... more
Presentation | Speech
David Ackerman
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
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
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
Outside Publication | 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). Secti... 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 published i... more
Presentation | Speech
David Ackerman
Presentation | Speech
Erin Turley
Presentation | Webinar
Althea Day
Outside Publication | Article
Michael Holzman
Presentation | Speech
David Ackerman
Presentation | Speech
Michael Holzman
Presentation | Webinar
Michael Holzman, Patrick Rehfield
Outside Publication | Article
David Ackerman
Presentation | Speech
Althea Day
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
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
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
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
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
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
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
Presentation | Speech
Scott Adamson
Presentation | Speech
Scott Adamson
Presentation | Speech
Scott Adamson
Outside Publication | Article
Christian Bartholomew
Presentation | Speech
David Ackerman
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
Presentation | Speech
David Ackerman
Presentation | Speech
David Ackerman
Presentation | Webinar
Elizabeth Perdue, Terrence Dugan, Brian Hector, Scott Adamson
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
Presentation | Webinar
Steven Spencer, David Cohn
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 Publication | Article
Erin Turley
Presentation | Speech
Marla Kreindler
Outside Publication | Chapter
Gary Rothstein
Presentation | Webinar
R. Tracht, Althea Day
Presentation | Webinar
John Ferreira, Mark Simons
Outside Publication | Chapter
Deborah Davidson
Presentation | Webinar
Mims Zabriskie, S. DiBernardo, Alan Singer
Presentation | Speech
Marla Kreindler
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
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
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
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
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
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
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
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
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
Outside Publication | Article
Gregory Needles
Presentation | Webinar
Donald Havermann, Theodore Becker, Brian Hector
Outside Publication | Article
Lauren Licastro
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
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
Outside Publication | Article
Michael Holzman
Outside Publication | Article
Amy Kelly
Outside Publication | Article
I. Lee Falk, Daniel Kleinman
Presentation | Speech
Michael Holzman
Presentation | Speech
David Ackerman
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
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
Presentation | Speech
Althea Day
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
Presentation | Speech
David Ackerman
Presentation | Speech
David Ackerman
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
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
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
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
Presentation | Speech
David Ackerman
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
Outside Publication | Article
Althea Day
Outside Publication | Article
Michael Holzman, Brian Hector
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
Presentation | Speech
David Ackerman
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
Presentation | Speech
Gregory Needles
Presentation | Speech
Marla Kreindler
Presentation | Speech
Marla Kreindler
Presentation | Webinar
Robert Abramowitz, Andy Anderson
Presentation | Webinar
Mims Zabriskie, Thomas Kellerman, Alan Singer
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
Presentation | Webinar
Althea Day
Outside Publication | Article
I. Lee Falk
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
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
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
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
Presentation | Webinar
John Ring, I. Lee Falk, Daniel Kleinman
Presentation | Webinar
John Ring, Daniel Bordoni, Philip Miscimarra, Charles Cohen
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
Outside Publication | Article
John Kober
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
Presentation | Webinar
S. DiBernardo, Thomas Kellerman, Christian Mixter
Presentation | Webinar
David Ackerman
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
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
Presentation | Webinar
Employee Benefits
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
Presentation | Speech
David Ackerman
Presentation | Speech
David Ackerman
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
Presentation | Webinar
Mims Zabriskie, Craig Bitman, David Zelikoff
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
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
Outside Publication | Article
Deborah Davidson
Presentation | Webinar
S. DiBernardo, Mims Zabriskie, Heather Brookfield
Equity Plan Issues Presentation
Presentation | Speech
Althea Day
Presentation | Webinar
John Ferreira, Zaitun Poonja, Claudia Hinsch
Presentation | Webinar
David Zelikoff
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
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
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
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
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
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
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
Presentation | Speech
Scott Adamson
Outside Publication | Article
Lauren Licastro
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
Presentation | Speech
Andy Anderson
Presentation | Speech
David Ackerman
Presentation | Webinar
Barbara Melby
Outside Publication | Article
Gregory Needles
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
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
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
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
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
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
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
Outside Publication | Article
David Ackerman
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
Presentation | Speech
Christopher Weals
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
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
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
Presentation | Webinar
Michael Pillion, Barbara Melby
Presentation | Speech
David Ackerman
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
Presentation | Speech
David Ackerman
Presentation | Speech
David Ackerman
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
Presentation | Speech
Gregory Needles
Presentation | Speech
David Ackerman
Presentation | Speech
David Ackerman
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
Presentation | Speech
David Ackerman
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
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
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
LawFlash/Client Alert | Employee Benefits LawFlash
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
Presentation | Speech
David Ackerman
Presentation | Speech
Althea Day
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
Presentation | Webinar
S. DiBernardo, Zaitun Poonja
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
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
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
Presentation | Speech
Gregory Needles
Presentation | Speech
David Ackerman
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
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
Presentation | Webinar
Joseph Ronan, Jr., Mims Zabriskie, Amy Kelly, David Zelikoff
Presentation | Webinar
Donald Havermann, Nicole Diller, Brian Ortelere
Presentation | Speech
Marla Kreindler
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
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
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
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
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
Outside Publication | Chapter
David Ackerman
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
Presentation | Webinar
Initial 409A Guidance
Presentation | Webinar
Georgina O'Hara
Presentation | Webinar
Georgina O'Hara
Outside Publication | Article
Gregory Needles
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
Presentation | Webinar
R. Tracht
Presentation | Webinar
Gary Rothstein, Althea Day
Presentation | Speech
David Ackerman
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
Presentation | Webinar
Joseph Ronan, Jr., Mims Zabriskie
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
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
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
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
Outside Publication | Article
Theodore Becker, David Ackerman
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
Presentation | Speech
Marla Kreindler
Outside Publication | Article
Craig Bitman
Outside Publication | Article
Craig Bitman
Presentation | Speech
Marla Kreindler
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
Presentation | Speech
David Ackerman
Presentation | Speech
Erin Turley
Presentation | Speech
David Ackerman
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
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
Presentation | Speech
Marla Kreindler
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
Presentation | Speech
Marla Kreindler
Presentation | Speech
David Ackerman
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
Outside Publication | Article
Nisha Jain
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
Outside Publication | Article
Matthew Hawes
Outside Publication | Chapter
John Kober
Presentation | Webinar
Althea Day
Outside Publication | Article
Matthew Hawes
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
Presentation | Speech
Marla Kreindler
Presentation | Speech
David Ackerman
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
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
Outside Publication | Chapter
Gregory Needles
Presentation | Speech
Marla Kreindler
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
Presentation | Speech
Marla Kreindler
Presentation | Speech
Marla Kreindler
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
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
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
Presentation | Speech
David Ackerman
Presentation | Speech
David Ackerman
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
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
Presentation | Speech
David Ackerman
Presentation | Speech
David Ackerman
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
Presentation | Speech
David Ackerman
Presentation | Speech
John Ferreira, Peter Watt-Morse, Eric Kline
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
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
Presentation | Speech
Marla Kreindler
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
Presentation | Speech
Marla Kreindler
Presentation | Speech
David Ackerman
Presentation | Speech
Gregory Needles, Althea Day
Presentation | Speech
David Ackerman
Outside Publication | Chapter
David Ackerman
Presentation | Speech
David Ackerman
Presentation | Speech
Marla Kreindler
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
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
Presentation | Speech
David Ackerman
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
Presentation | Speech
David Ackerman
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
October 2002
Newsletter | Morgan Lewis on Benefits
Employee Benefits
In this Issue: Feature Articles: Compensation and Benefits Implications of the Sarbanes-Oxley Act New Rules and Proposed Regulations for “204(h) Notices” Enforceability of Subrogation/ Reimbursement Pr... more
Outside Publication | Article
Stuart Kasiske
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits
October 15, 2002 Deadline for Electronic Transmission Standards. Group health plans that provide medical benefits, dental benefits, vision benefits, employee assistance benefits and health flexible spending accounts must com... more
Presentation | Speech
David Ackerman
Presentation | Speech
David Ackerman
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits
At its open meeting on August 27, 2002, the SEC adopted final rules implementing provisions of the Sarbanes-Oxley Act of 2002 that amend the Section 16 reporting requirements. A general description of the SEC final rules (&ldqu... more
Presentation | Speech
Marla Kreindler
Presentation | Speech
David Ackerman
LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment
In response to numerous recent corporate accounting scandals, President George W. Bush signed into law the Sarbanes-Oxley Act of 2002 (the "Act") on July 30, 2002. The Act generally is aimed at policing the accounting industry,... more
Presentation | Speech
Marla Kreindler
Presentation | Speech
David Ackerman
Presentation | Speech
David Ackerman
Outside Publication | Article
John Kober
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits
Employers that experienced reductions in force or layoffs over the last several years may wish to consider filing a claim for a refund for the Social Security taxes paid on severance benefits based upon the recent decision by th... more
Outside Publication | Article
Craig Bitman
Presentation | Speech
Gregory Needles
Presentation | Speech
David Ackerman
Presentation | Speech
David Ackerman
Presentation | Speech
Marla Kreindler
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits
On April 4, 2002, the Internal Revenue Service issued Notice 2002-24 suspending the annual Form 5500 reporting requirement imposed on Internal Revenue Code section 125 cafeteria plans. This notice is effective immediately for a... more
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits
On April 15, 2002, the Occupational Safety and Health Administration ("OSHA") announced its Site Specific Targeting 2002 ("SST-2002") Program. Under the Program OSHA will inspect 3000 worksites that reported high injury and ill... more
Presentation | Speech
Marla Kreindler
Presentation | Speech
David Ackerman
March 2002
Newsletter | Morgan Lewis on Benefits
Employee Benefits
In this Issue: Feature: Company Stock in 401(k) Plans Administrative Notes: IRS Guidance on EGTRRA Changes to 415 Limits IRS Issues Sample EGTRRA Plan Amendments DOL Guidance on Claims ... more
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits
On February 25, 2002, the Occupational Safety and Health Administration ("OSHA") sent letters to over 13,000 employers notifying them that its 2001 Data Initiative (collecting data for calendar year 2000) showed that they had th... more
Presentation | Speech
David Ackerman
Outside Publication | Article
John Kober
Outside Publication | Article
Brian Hector
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits
Consistent with its liberal construction of "notice" under the Family and Medical Leave Act of 1993 (FMLA), 29 U.S.C. § 2601 et seq., a U.S. Court of Appeals recently held that minimal notice is required for an employee to ... more
Presentation | Speech
Marla Kreindler
Presentation | Speech
Marla Kreindler
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits
Prevailing on a motion to dismiss an employment discrimination complaint just became more difficult for employers. According to the Supreme Court's recent decision in Swierkiewicz v. Soreman N.A. , complaints of employmen... more
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits
Section 402(f) of the Internal Revenue Code of 1986, as amended (the "Code"), requires a plan administrator of a qualified retirement plan or a 403(a) annuity plan to provide a written explanation to any recipient of an "eligibl... more
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits
On January 15, the Supreme Court ruled 6-3 that even if an employee has agreed to arbitrate all employment-related disputes, the EEOC may still seek "victim-specific" relief in court for that individual, including backpay, reins... more
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits
In response to inquiries from businesses wanting to help victims of the September 11th terrorist attacks, the Internal Revenue Service ("IRS") has issued guidance on programs that allow employees to forgo vacation, sick or perso... more
Outside Publication | Article
John Kober
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits
The Economic Growth and Tax Relief Reconciliation Act of 2001 ("EGTRRA"), enacted on June 7, 2001, made several changes to the Internal Revenue Code of 1986, as amended (the "Code"), that increase an individual's opportunities t... more
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits
The Economic Growth and Tax Relief Reconciliation Act of 2001 ("EGTRRA"), enacted on June 7, 2001, made several changes to the Internal Revenue Code of 1986, as amended, that increase an individual's opportunities to save for re... more
Presentation | Speech
David Ackerman
Presentation | Speech
David Ackerman
LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment
Following recent reports about Anthrax exposures, employees justifiably are asking what they can do to ensure that they are safe from chemical and biological agents. Employers also should remember that the Occupational Safety a... more
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits
Just days after the attack on the United States, President Bush called as many as 35,000 members of the military reserves and National Guard to active duty. When these men and women leave their civilian jobs to fulfill their mi... more
Outside Publication | Article
Althea Day
August 2001
Newsletter | Morgan Lewis on Benefits
Employee Benefits
In this Issue: Features: Overview of the Economic Growth and Tax Relief Reconciliation Act: Provisions Applicable to Retirement and Welfare Plans EGTRAA Qualified Plan Amendment and Filing Deadlines HH... more
Presentation | Speech
Althea Day
Presentation | Speech
Joseph Ronan, Jr.
Presentation | Speech
Stuart Kasiske
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits
In response to concerns raised by group health plan sponsors, administrators and service providers, the Department of Labor has delayed the effective date of the new claims procedures published on November 21, 2000. Scheduled t... more
Morgan Lewis Title | White Paper
Joseph Ronan, Jr.
On June 7, 2001, President Bush signed into law the Economic Growth and Tax Relief Reconciliation Act (“EGTRRA”), a comprehensive tax bill that significantly cuts federal income tax rates, provides some relief for th... more
Presentation | Speech
Gregory Needles
Outside Publication | Article
Marla Kreindler
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits
The Internal Revenue Service ("IRS") recently issued Publication 15-T, New Withholding Tables for 2001 (June 2001), which sets forth revised withholding rates and tables on wages paid to employees. The new withholding tables in... more
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits
On May 26, 2001, Congress passed the Economic Growth and Tax Relief Reconciliation Act of 2001 which provides for extensive changes to qualified retirement plans. In general, these changes are favorable to employers and to empl... more
Presentation | Speech
Gregory Needles
Presentation | Speech
David Ackerman
Presentation | Speech
David Ackerman
Presentation | Speech
Althea Day
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits
On April 12, 2001, Department of Health and Human Services (DHHS) Secretary Tommy G. Thompson announced President Bush’s decision to immediately begin the process of implementing the Health Information Portability and Acco... more
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits
Many employees now use so-called "rabbi trusts" as a vehicle to hold assets to provide security to stand behind unfunded deferred compensation obligations. If structured properly, funding of these trusts does not cause adverse ... more
Presentation | Speech
David Ackerman
LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment
On March 5, 2001, the Supreme Court denied certiorari in Erie County Retirees Association v. County of Erie . While the Supreme Court's denial of certiorari in Erie is not indicative of the Court's view of the substance of t... more
LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment
The U.S. Supreme Court put its stamp of approval on the use of arbitration clauses in employment agreements, holding that federal law supports the resolution of workplace disputes through the arbitration process. In a 5-4 decis... more
Outside Publication | Article
Marla Kreindler
Outside Publication | Chapter
David Ackerman
LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment
On December 11, the Equal Employment Opportunity Commission ("EEOC") issued new regulations which prohibit certain types of provisions in agreements that provide for the waiver of age discrimination claims under the federal Age ... more
Presentation | Speech
David Ackerman
Morgan Lewis Title | White Paper
Employee Benefits
On October 3, 2000, the Equal Employment Opportunity Commission (“EEOC”) released enforcement guidance (the “Guidance”) analyzing discrimination in employee benefits. The Guidance serves as a reference f... more
Outside Publication | Article
Althea Day
Presentation | Speech
Stuart Kasiske
Morgan Lewis Title | White Paper
Robert Abramowitz
The United States Department of Labor (“DOL”) has granted an exemption that will significantly expand an employer's ability to fund employee benefits through a captive insurance company. The exemption is significant... more
Presentation | Speech
Althea Day
Outside Publication | Article
Craig Bitman
Morgan Lewis Title | White Paper
Steven Spencer
During the Spring of 2000, the Supreme Court and the Third Circuit issued several decisions which define the scope of liability for ERISA fiduciaries and parties in interest. In one Supreme Court decision and in two Third Circu... more
Outside Publication | Article
Joseph Ronan, Jr., Gary Rothstein
Presentation | Speech
Althea Day
Morgan Lewis Title | White Paper
Robert Abramowitz
The Financial Accounting Standards Board (FASB) has released Interpretation No. 44 (Int. 44), which consolidates a variety of interim guidance issued by FASB relating to the financial accounting treatment of equity compensation ... more
Presentation | Speech
David Ackerman
Presentation | Speech
David Ackerman
Presentation | Speech
Gregory Needles
Presentation | Speech
David Ackerman
Presentation | Speech
Robert Abramowitz
Presentation | Speech
I. Lee Falk
Presentation | Speech
David Ackerman
Presentation | Speech
Althea Day
Presentation | Speech
David Ackerman
Presentation | Speech
David Ackerman
Presentation | Speech
David Ackerman
Presentation | Speech
I. Lee Falk
Presentation | Speech
I. Lee Falk
Presentation | Speech
I. Lee Falk
Presentation | Speech
I. Lee Falk
Presentation | Speech
I. Lee Falk
Presentation | Speech
I. Lee Falk
Presentation | Speech
I. Lee Falk
Presentation | Speech
I. Lee Falk
Presentation | Speech
I. Lee Falk
Presentation | Speech
I. Lee Falk
Presentation | Speech
I. Lee Falk
Presentation | Speech
Gregory Needles
Presentation | Speech
Thomas Wotring
Presentation | Speech
Robert Abramowitz
Presentation | Speech
Robert Abramowitz
Presentation | Speech
Gary Rothstein
Outside Publication | Article
Althea Day
Presentation | Speech
Steven Spencer, Joseph Costello
Morgan Lewis Title | White Paper
Steven Spencer, Robert Abramowitz
On June 8, 1998, the U.S. Supreme Court held in Geissal v. Moore Medical Corp. , that an employer may not deny COBRA health care continuation under its health plan to an otherwise eligible beneficiary because the beneficiary is... more
Presentation | Speech
Gregory Needles
Presentation | Speech
I. Lee Falk
Outside Publication | Article
Gregory Needles
Morgan Lewis Title | White Paper
Steven Spencer, Robert Abramowitz
The Mental Health Parity Act of 1996 (MHPA) requires health benefit plans offering mental health coverage to establish the same annual and lifetime dollar limits for such coverage as they do for medical and surgical benefits. O... more
Morgan Lewis Title | White Paper
Steven Spencer, Robert Abramowitz
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) was signed into law on August 21, 1996. HIPAA established limits on the maximum pre-existing condition exclusion period that may be imposed by a group heal... more
Presentation | Speech
Steven Spencer, Joseph Costello
Presentation | Speech
Robert Smith
Morgan Lewis Title | White Paper
Robert Abramowitz
Earlier this year, in Act 1997-7, Pennsylvania changed the treatment of contributions to cafeteria benefit plans for state income tax purposes. In late September, the Pennsylvania Department of Revenue issued a policy statemen... more
Presentation | Speech
I. Lee Falk
Outside Publication | Article
Steven Spencer, Robert Abramowitz
Presentation | Speech
Gregory Needles
Outside Publication | Article
Althea Day
Morgan Lewis Title | White Paper
Michael J. Collins, Brian Dougherty
The Ninth Circuit Court of Appeals, sitting en banc , recently affirmed in most respects, but also modified in one important respect, an earlier decision by a three-judge panel regarding the ability of individuals incorrectly t... more
Outside Publication | Article
Robert Abramowitz
Outside Publication | Article
Steven Spencer, Robert Abramowitz
Presentation | Speech
Gregory Needles
Presentation | Speech
I. Lee Falk
Presentation | Speech
Vivian McCardell
Presentation | Speech
Vivian McCardell
Presentation | Speech
Steven Spencer, Joseph Costello
Presentation | Speech
Robert Abramowitz
Presentation | Speech
Steven Spencer, I. Lee Falk
Presentation | Speech
I. Lee Falk
Morgan Lewis Title | White Paper
Steven Spencer, Robert Abramowitz
The Internal Revenue Service, the Department of Labor and the Department of Health and Human Services recently issued Interim Regulations implementing the Health Insurance Portability and Accountability Act of 1996 (HIPAA). HIP... more
Presentation | Speech
Robert Abramowitz
Presentation | Speech
Gregory Needles
Outside Publication | Article
Gregory Needles, Steven Stone
Presentation | Speech
Althea Day
Presentation | Speech
Althea Day
Outside Publication | Article
Gary Rothstein
Outside Publication | Article
Gregory Needles
Morgan Lewis Title | White Paper
Michael J. Collins
A three-judge panel of the Ninth Circuit Court of Appeals recently held, by a 2-1 vote in Vizcaino v. Microsoft Corporation , 1996 WL 560235 (9th Cir.), that an employer must pay benefits under two employee benefit plans to a g... more
Presentation | Speech
Robert Lichtenstein, Mims Zabriskie, I. Lee Falk, Robert Abramowitz
Presentation | Speech
Althea Day
Morgan Lewis Title | White Paper
Robert Abramowitz, Harry Burton
This White Paper discusses many of the benefit-related provisions of the Health Insurance Portability and Accountability Act of 1996. This legislation represents a slimmed-down version of previous bipartisan health insurance re... more
Morgan Lewis Title | White Paper
Robert A. Bildersee
The Small Business Job Protection Act of 1996, signed into law by President Clinton on August 20, may do more to encourage tax-favored retirement savings than any pension legislation since section 401(k) was added to the Interna... more
Outside Publication | Article
Marla Kreindler
Presentation | Speech
Vivian McCardell
Presentation | Speech
Gregory Needles
Presentation | Speech
Mims Zabriskie
Presentation | Speech
Gregory Needles
Presentation | Speech
I. Lee Falk, Steven Spencer
Presentation | Speech
Robert Abramowitz
Outside Publication | Article
Gregory Needles
Outside Publication | Article
Robert Abramowitz
Presentation | Speech
Robert Abramowitz
Presentation | Speech
Michael Ossip
Morgan Lewis Title | White Paper
Carol V. Calhoun
The taxability of damages in employment discrimination claims has been thrown into question by the Supreme Court's decision in Commissioner of Internal Revenue v. Schleier (no. 94-500), in which the Court held that back pay an... more
Presentation | Speech
Vivian McCardell
Presentation | Speech
Vivian McCardell
Presentation | Speech
Vivian McCardell
Presentation | Speech
Vivian McCardell
Presentation | Speech
Gary Rothstein
Presentation | Speech
Vivian McCardell
Outside Publication | Article
Gary Rothstein
Outside Publication | Article
Althea Day
Presentation | Speech
Robert Abramowitz
Presentation | Speech
Robert Abramowitz
Presentation | Speech
Robert Abramowitz
Presentation | Speech
Robert Abramowitz
Morgan Lewis Title | White Paper
Steven Spencer, Brian Dougherty, I. Lee Falk
Presentation | Speech
I. Lee Falk
Presentation | Speech
I. Lee Falk
Presentation | Speech
I. Lee Falk
Presentation | Speech
I. Lee Falk
Presentation | Speech
I. Lee Falk
Presentation | Speech
I. Lee Falk
Presentation | Speech
I. Lee Falk
Presentation | Speech
I. Lee Falk
Presentation | Speech
I. Lee Falk
Presentation | Speech
I. Lee Falk
Morgan Lewis Title | White Paper
Carol V. Calhoun
Presentation | Speech
Steven Spencer, Harry Burton
Outside Publication | Article
Robert Abramowitz
Morgan Lewis Title | White Paper
Linda Griggs
Morgan Lewis Title | White Paper
I. Lee Falk
Morgan Lewis Title | White Paper
I. Lee Falk
Presentation | Speech
I. Lee Falk
Presentation | Speech
I. Lee Falk
Presentation | Speech
I. Lee Falk
Presentation | Speech
I. Lee Falk
Presentation | Speech
I. Lee Falk
Presentation | Speech
I. Lee Falk
Presentation | Speech
I. Lee Falk
Presentation | Speech
I. Lee Falk
Presentation | Speech
I. Lee Falk
Presentation | Speech
I. Lee Falk
Presentation | Speech
I. Lee Falk
Presentation | Speech
Steven Spencer
Morgan Lewis Title | White Paper
Presentation | Speech
I. Lee Falk
Presentation | Speech
Steven Spencer
Presentation | Speech
Robert Lichtenstein
Presentation | Speech
I. Lee Falk
Presentation | Speech
Robert Abramowitz
Presentation | Speech
Robert Abramowitz
Presentation | Speech
I. Lee Falk
Morgan Lewis Title | White Paper
Brian Dougherty
Morgan Lewis Title | White Paper
John Battenfeld, Frank Smith, Jr.
Morgan Lewis Title | White Paper
Michael Bloom
Presentation | Speech
Robert Abramowitz
Presentation | Speech
Michael Ossip, Steven Spencer, Robert Abramowitz
Outside Publication | Article
Robert Abramowitz
Presentation | Speech
Robert Abramowitz
Presentation | Speech
Robert Abramowitz
Morgan Lewis Title | White Paper
Brian Dougherty
Presentation | Speech
Robert Abramowitz
Morgan Lewis Title | White Paper
Robert Abramowitz
Morgan Lewis Title | White Paper
Brian Dougherty