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Doing Business in the United States

In This Book: - Choice Of A Business Entity - Introduction To Federal Securities Laws - From Let’s Go Shopping To Closing: M&A Process In The United States - Employment Considerations -...more

10/16/2014 - Business Formation Choice of Entity Commercial Real Estate Market Corporate Taxes Dispute Resolution Energy Policy Environmental Policies Foreign Investment Immigration Procedures International Trade Agreements Securities Act of 1933 Securities Exchange Act

Perspectives - Fall 2012 Volume 3, Edition 2: An Executive Compensation, Benefits & Human Resources Law Update

In this Issue: - Don’t “Moench”ion It: Supreme Court Rejects Presumption of Prudence for ESOP Fiduciaries - Avoiding Claims of Excessive Fund Fees - Risk of ERISA Class Actions Can Be Reduced by Use of...more

7/22/2014 - Arbitration Agreements Class Action Class Action Arbitration Waivers ERISA ESOP FICA Taxes Fiduciary Duty Fiduciary Liability FIfth Third Bancorp v Dudenhoeffer Severance Pay Stock Drop Litigation

Deadlines Coming for Multinationals’ Retirement Plans and U.S. Taxpayers with Foreign Financial Interests

In 2010, the U.S. enacted a sweeping change in enforcement of its tax laws on foreign financial interests, the Foreign Account Tax Compliance Act (FATCA). The main thrust of the act is to penalize foreign financial...more

4/17/2014 - Bank Secrecy Act FACTA FATCA FATCA Timeline FBAR FFI FinCEN IRS Retirement Plan

IRS Releases Further Guidance for Retirement Plans on Treatment of Same-Sex Spouses

In IRS Notice 2014-19 and accompanying FAQs, the Internal Revenue Service (“IRS”) issued long-awaited guidance addressing the treatment of same-sex spouses under qualified retirement plans such as 401(k) and defined benefit...more

4/11/2014 - DOMA IRS Marriage Qualified Retirement Plans Retirement Plan Same-Sex Marriage SCOTUS

Treasury and IRS Adopt “State of Celebration” Rule for Same-Sex Marriages—Implications for Employee Benefit Plans

The U.S. Department of Treasury (“Treasury”) and the Internal Revenue Service (“IRS”) issued guidance treating a same-sex couple as “married” for all Federal tax purposes as long as the couple was legally married in a state...more

9/4/2013 - DOMA IRS Marriage Same-Sex Marriage SCOTUS Tax Benefits U.S. Treasury US v Windsor

PE Fund Deemed a 'Trade or Business'—May Be Liable for Portfolio Companies' Pensions

The First Circuit Court of Appeals recently became the first federal appellate court to hold that a private equity (“PE”) fund can be a “trade or business,” and thus potentially included in a “controlled group” with its...more

8/9/2013 - Employee Benefits ERISA Investment Portfolios Investors Pensions Private Equity Retirement Plan SCOTUS

Retirement Plans Get One Chance to Change Annual Participant Fee Disclosure Deadline

On July 22, 2013, the Department of Labor (DOL) announced a one-time opportunity for administrators of participant-directed individual account plans such as 401(k) and ERISA-covered 403(b) plans to “re-set” their annual...more

7/25/2013 - 401k 403(b) Plans Disclosure Requirements DOL ERISA Fees Retirement Plan

Preparing Participant-Directed Retirement Plans for the 2013 Annual Fee Disclosures

The Employee Retirement Income Security Act of 1974 (“ERISA”) requires participant-directed retirement plans to provide participants with in-depth disclosures of the plan’s fees, expenses, and investment performance on an...more

5/9/2013 - Disclosure Requirements ERISA Fees Retirement Plan

Doing Business in the U.S.

In This Issue: - Preface - Chapter 1 Choice Of A Business Entity - Chapter 2 Introduction To Federal Securities Laws - Chapter 3 From Let’S Go Shopping To Closing: U.S. M&A Process - Chapter 4...more

4/17/2013 - Anti-Bribery Anti-Money Laundering Antidumping Duties Commercial Real Estate Market Corporate Governance Corporate Taxes Dodd-Frank Environmental Policies FCPA FLSA Incentives LLC Partnerships Proxy Voting Guidelines Regulation FD Renewable Energy Reporting Requirements Sarbanes-Oxley SEC Securities Exchange Act Tax Liability

SEC Approves NYSE and Nasdaq Independence Standards for Compensation Committees and Advisers

New listing standards for publicly traded companies require board compensation committees composed of directors that satisfy new independence standards by the first annual meeting after January 15, 2014, or, if earlier,...more

2/11/2013 - Compensation Committee Conflicts of Interest Listing Standards NYSE SEC

Limiting Private Equity Fund Exposure to the ERISA Obligations of Portfolio Companies

In welcome news for private equity (“PE”) funds, a recent district court opinion determined that two PE funds and their bankrupt portfolio company were not a “controlled group” and thus the PE funds were not responsible for...more

11/26/2012 - ERISA PBGC Private Investment Funds

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