Morgan Lewis partners Rosina Barker, Mary Hevener, and Mims Zabriskie and associate Jacob Oksman have co-written an article in Law360 about the IRS’ issued Notice 2018-68 which provides guidance on changes in the Internal Revenue Code Section 162(m), creating concern of defeating the TCJA’s grandfather protection for awards. They state in the article that, “we think the notice affirms that negative discretion does not jeopardize the grandfather unless so broad as to render the promise illusory rather than an enforceable contract under state law.”