Timothy Nelson

Timothy Nelson

Skadden, Arps, Slate, Meagher & Flom LLP

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"Department of Labor Issues Guidance on Conflicts of Interest Rule"

The Department of Labor (DOL) recently issued guidance on the Conflicts of Interest Rule it released earlier this year. The guidance, issued on October 27, 2016, is in the form of answers to frequently asked questions, which...more

11/8/2016 - Audits Best Interest Contract Exemptions Compliance Conflicts of Interest DOL ERISA Executive Compensation Financial Adviser Internal Revenue Code (IRC) Investment Adviser IRA New Guidance Prohibited Transactions Retirement Plan

"Key Takeaways: Foreign Governments, US Courts and International Arbitration"

On June 23, 2016, Skadden hosted a webinar titled “Foreign Governments, U.S. Courts and International Arbitration.” Topics of discussion included the settlement of the Argentine sovereign debt litigation, enforcement of...more

7/14/2016 - Arbitration Awards Argentina Cuba Foreign Sovereigns FSIA ICSID International Arbitration Iran Post-Judgment Enforcement Actions Sovereign Debt State Sponsors of Terrorism Terrorism Insurance

"Executive Compensation and Benefits Alert: IRS Issues New Section 409A Guidance"

In an unexpected development, on June 21, 2016, the IRS issued proposed regulations that clarify and modify the final regulations issued in 2007 and the proposed income inclusion regulations issued in 2008. In many cases,...more

7/5/2016 - Beneficiaries Death Benefits Deferred Compensation Employee Benefits Executive Compensation Income Taxes Internal Revenue Code (IRC) IRS Restricted Stocks Section 409A Severance Agreements Vesting

"New Rules Impact Compensation Arrangements of Governmental and Tax-Exempt Entities"

On June 22, 2016, the IRS published much-anticipated proposed regulations under Internal Revenue Code Section 457 impacting certain plans maintained by state or local governments or other tax-exempt organizations that provide...more

6/27/2016 - Deferred Compensation Employee Benefits Forfeiture IRS Non-Compete Agreements Retirement Plan Section 409A Section 457(f) Severance Agreements State and Local Government Tax Exempt Entities

"US Supreme Court Continues to Limit Extraterritorial Application of US Laws"

Adding to a line of decisions limiting the extraterritorial application of U.S. statutes, the U.S. Supreme Court yesterday issued its decision in RJR Nabisco v. European Community. In a 4-3 decision, the Court held that to...more

6/22/2016 - Domestic Injury EU Extraterritoriality Rules Foreign Sovereigns Private Right of Action RICO RJR Nabisco v European Community SCOTUS

"Labor Department Redefines ‘Fiduciary’ for ERISA and Internal Revenue Code Purposes"

On April 6, 2016, the Department of Labor (DOL) issued a widely anticipated final regulation that redefines who is a “fiduciary” of certain employee benefit and other plans for purposes of the Employee Retirement Income...more

4/26/2016 - 401k Administrative Exemption Best Interest Contract Exemptions Broker-Dealer DOL ERISA Fiduciary Duty Internal Revenue Code (IRC) Investment Adviser IRA IRS Retirement Plan

"Executive Compensation and Benefits Alert: Court Ruling Signals Potential ERISA Liability for PE Fund Sponsors"

On March 28, 2016, the U.S. District Court for the District of Massachusetts held that three private equity (PE) funds were jointly and severally liable for the multiemployer pension plan withdrawal liability of one of their...more

3/31/2016 - ERISA Joint and Several Liability Multiemployer Plan Pensions Private Equity Funds Sun Capital Partners

"The Trans-Pacific Partnership and What It Means for Pre-Existing Treaties"

On November 5, 2015, after seven years of high-stakes negotiations, the Office of the United States Trade Representative released the draft Trans-Pacific Partnership (TPP), a proposed free trade agreement among the United...more

1/23/2016 - Expropriation Foreign Investment International Arbitration International Litigation International Treaties Trade Promotion Authority Trans-Pacific Partnership

"Expropriation Damages in Cases Involving Investment Treaties"

Most investment treaties assure investors that, in the event of expropriation, they will receive compensation based on the market value of the enterprise at the time of seizure (excluding the negative valuation effects of any...more

1/21/2016 - Bilateral Investment Treaties Breach of Contract Damages Expropriation International Arbitration International Litigation UNCITRAL

"Challenging the Selection of Party-Appointed Arbitrators"

As arbitration continues to be widely utilized in international commerce, the issue of how arbitrators should handle conflict checks, and who is suitable for appointment as arbitrator in complex cases, will remain a vital...more

1/20/2016 - Arbitration Arbitration Awards Arbitrators Conflicts of Interest Federal Arbitration Act Impartiality International Arbitration UNCITRAL

"Key Takeaways: Back to Basics - A Primer on the Differences Between Litigating and Arbitrating International Disputes"

Large, transnational corporations increasingly face the question of whether to litigate their disputes in local courts or to include in their agreements provisions providing for the resolution of disputes by alternative means...more

1/16/2016 - Arbitration Arbitration Awards Choice of Court Agreements Treaty Discovery Dispute Resolution Enforcement Hague Convention International Arbitration International Litigation New York Convention UNCITRAL Young Lawyers

2016 Compensation Committee Handbook

The Executive Compensation and Benefits Group at Skadden, Arps, Slate, Meagher & Flom LLP is pleased to provide you with this second edition of its Compensation Committee Handbook. This edition reflects developments in...more

12/10/2015 - Board of Directors Compensation & Benefits Compensation Committee Directors Employment Contract Equity Compensation Executive Compensation Proxy Advisors Publicly-Traded Companies SEC Securities Exchange Act

"New York Courts and International Arbitration Tribunals Take Varying Approaches to Corruption Issues in Commercial Disputes"

When faced with questions of corruption in a commercial dispute, New York courts and international arbitration tribunals have historically taken different approaches. In particular, questions often arise pertaining to...more

10/1/2015 - Arbitration Awards Burden of Proof Conflicts of Laws Contract Disputes Corruption Dispute Resolution Foreign Judgments International Arbitration International Litigation NY Supreme Court

"SEC Adopts CEO Pay Ratio Disclosure Requirements"

On August 5, 2015, in a 3-2 vote, the U.S. Securities and Exchange Commission (SEC) adopted final rules implementing the controversial “CEO pay ratio” disclosure requirements that were proposed in 2013 and mandated by...more

8/7/2015 - CEOs Compensation Agreements Compliance Disclosure Requirements Dodd-Frank Exclusions Executive Compensation Pay Ratio SEC

Department of Labor Proposes New Fiduciary Regulation and Prohibited Transaction Exemption Relief for Investment Advice...

On April 20, 2015, more than three years after withdrawing a similar proposal that was staunchly opposed by the financial services industry, the U.S. Department of Labor (DOL) published in the Federal Register a proposed...more

4/29/2015 - Benefit Plan Sponsors Best Interest Contract Exemptions Broker-Dealer DOL Employee Benefits ERISA Exemptions Fiduciary Duty Financial Institutions Internal Revenue Code (IRC) Investment Adviser IRA Pension Funds Prohibited Transactions

"ISS Issues ‘Frequently Asked Questions’ Guidance for 2015"

As part of its ongoing rollout of its 2015 policy updates, Institutional Shareholder Services (ISS) has issued “Frequently Asked Questions” guidance with respect to both its 2015 Compensation Policies and its new equity plan...more

3/4/2015 - Compensation & Benefits Equity Plans Executive Compensation ISS New Guidance

"The 'Law 42' Arbitrations Against Ecuador and the Importance of BIT Language"

Bilateral Investment Treaties (BITs) afford investors a series of guarantees against expropriation or unfair treatment of investments in foreign jurisdictions. They also typically allow investors to enforce those rights...more

2/7/2015 - Arbitration Bilateral Investment Treaties Ecuador Expropriation Foreign Investment Foreign Jurisdictions ICSID Oil & Gas UNCITRAL Windfall Tax

Recent Cases Are Likely to Reduce the Use of New York Courts for 'Turnover' Actions"

New York's position as a global financial center means litigants often have sought to use New York courts as a forum to enforce judgments or arbitration awards against foreign entities. In reality, the burden of enforcement...more

2/6/2015 - Arbitration Awards DaimlerChrysler v Bauman Financial Institutions Foreign Judgments Forum International Arbitration International Litigation Judgment Debtors Motorola Personal Jurisdiction Separate Entity Rule

2015 Compensation Committee Handbook

Preface - The duties imposed on compensation committees of publicly traded companies have evolved and grown over time. This first edition of the Compensation Committee Handbook from the lawyers of the Executive...more

11/21/2014 - Compensation Committee Publicly-Traded Companies

"Executive Compensation and Benefits Alert: IRS Section 409A Audit Initiative May Signal Increased Enforcement Activity"

Since the adoption of Section 409A of the Internal Revenue Code, employers and practitioners have wondered when and how the IRS would enforce it. With the recent IRS announcement of an audit initiative with respect to Section...more

5/29/2014 - Audits Employer Liability Issues Employer Mandates Employment Tax Enforcement Executive Compensation IRS Section 409A

"Executive Compensation and Benefits Alert: Ways and Means Tax Reform Bill Proposes Fundamental Changes to Executive Compensation"

House Ways and Means Committee Chairman David Camp (R-Mich.) has proposed a draft tax reform plan (the Proposal) containing sweeping changes to the Internal Revenue Code (the Code), including a number of major executive...more

3/6/2014 - Deferred Compensation Equity Compensation Executive Compensation Legislative Agendas Pensions Stock Options Tax Reform

"US Supreme Court Further Limits Jurisdictional Reach of the US Courts Over Foreign Torts"

The U.S. Supreme Court began 2014 by issuing a decision limiting the ability of plaintiffs to assert tort claims against foreign corporations in the U.S. courts based on events occurring outside the United States. In Daimler...more

1/24/2014 - Alien Tort Statute DaimlerChrysler v Bauman Foreign Corporations International Litigation Jurisdiction Multinationals SCOTUS Securities Exchange Act

"Litigants Continue to Use 'Anti-Suit Injunctions' to Protect Their Arbitration Rights"

Courts occasionally are asked to intervene in a pending arbitration and exercise their injunctive powers. In some cases, litigants seek to have the courts aid the arbitral process by stopping foreign proceedings that...more

1/23/2014 - Anti-Suit Injunctions Arbitration Arbitration Agreements UK UNCITRAL

"Executive Compensation and Benefits Alert: California Reduces Its 409A Income Tax"

In a rare piece of good news relating to Section 409A of the Internal Revenue Code, on October 4, 2013, California reduced its additional state tax on income failing to comply with Section 409A from 20 percent to 5 percent....more

10/9/2013 - Executive Compensation Income Taxes Section 409A

"The Landscape of CEO Succession Issues"

A board’s decision as to whether, when and how to terminate the employment of a CEO and hire a successor is among the most critical decisions facing the board of any company — large or small, public or private, established or...more

6/26/2013 - Board of Directors CEOs Disclosure Requirements Employment Contract Executive Compensation Hiring & Firing Reporting Requirements Severance Agreements Successors Termination

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