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Five on Friday – Five Recent Developments that We’ve Been Watching Closely: July 2016 #2

It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring. This week’s post includes: the release of the third, and likely final, draft of the World...more

Changes to Compensation Rules for Tax-Exempt Entities

?Special rules apply to compensation arrangements of tax-exempt entities. If the arrangement does not comply with the rules, then the amount of compensation subject to the arrangement is taxed to the employee as soon as it is...more

Top 10 rules for compliant non-qualified deferred compensation

By Lori Jones Internal Revenue Code Section 409A regulates nonqualified deferred compensation (NQDC) plans and arrangements, which are commonly used to provide supplemental compensation to key executives. Complying with...more

Ten Questions to Consider Before Granting Equity to Employees

Granting employees equity can be a great way to reward and motivate employees. Most employees will work harder once they have some skin in the game. However, granting equity can be complicated and it's easy to make mistakes....more

Employers Wrestling with Discrimination, Workplace Violence and Third Party Vendor Issues, Survey Shows

The winds of social change, the threat of violence in the workplace, and shifting regulations governing workers and third parties are all weighing heavily on employers’ minds. That’s according to a survey of more than 800...more

Saudi Arabia Update - July 2016

Legal Developments - Liberalization of Wholesale and Retail Trade Sector – 100% Foreign Ownership Allowed - Introduction - As was described in our September 2015 KSA Update, the Saudi Arabian authorities...more

Preview of NAVEX Global’s 2016 Ethics & Compliance Training Benchmark Survey Findings

In recent years, ethics and compliance training programs have become part of the fabric most of the world’s successful organizations. With that in mind, our third Benchmark Training Report, set for release on July 27, seeks...more

Neglecting The Plan That Will Get 401(k) Sponsors Living on The Edge

When you don’t take care of your teeth, they end up rotting. When you don’t take care of your car, it stops running. When you don’t take care of your finances, you end up going broke. So it’s amazing how many 401(k) plan...more

SEC Approves Nasdaq Rule Requiring Public Disclosure of Payments to Directors by Third Parties

In March 2016, the Nasdaq Stock Market LLC (“Nasdaq”) proposed new rules regarding disclosure of third-party compensation of directors. This third-party compensation, which may not be publicly disclosed, arises when a party...more

Using Information on Human Rights Impacts to Drive Social Performance

New legislative requirements and stakeholder concerns have driven many companies to implement systems to identify and address the potential human rights impacts of their operations. Companies increasingly realize the...more

Food Giants Prepare for Battle Over Trade Secret Misappropriation

On July 19, 2016, the "You Pick Two®"-famous Panera Bread filed a lawsuit in St. Louis against Papa John's, claiming that the international pizza company hired away a Panera IT executive who is misappropriating trade secrets....more

VW: The Challenge of Whistleblowing

The following guest post is by Wendy Addison. A hand shot up from the lecture hall: ‘I don’t understand’, a young economics undergraduate said, looking perplexed, ‘surely a company’s executives would want to know...more

NLRB Decision Potentially Expands "Perfectly Clear" Successorship Rule

The National Labor Relations Board (NLRB) issued a decision in Nexeo Solutions, LLC earlier this week, ruling that the buyer in an asset purchase of the seller’s business was a "perfectly clear" successor. As a result, the...more

Lies that 401(k) Plan Providers May Tell You

I’m a huge fan of Fleetwood Mac (the Stevie Nicks-Lindsey Buckingham years) and was able to see them twice on their last tour. One of my favorite songs of theirs is Little Lies. Christine McVie, who never gets the credit she...more

An Analysis of Nasdaq’s “Golden Leash” Disclosure Rule

On July 1, 2016, the Securities and Exchange Commission (SEC) approved, on an accelerated basis, Nasdaq’s new Rule 5250(b)(3), which requires Nasdaq-listed U.S. companies to publicly disclose any arrangements or agreements...more

Eighth Circuit Refuses to Open Golden Parachute for Bank Exec

A new decision from the Eighth Circuit Court of Appeals reaffirms the challenge presented by the Federal Deposit Insurance Corporation (FDIC) "golden parachute" prohibitions for boards of directors of banks in "troubled...more

Employees Behaving Badly – Ten Signs (S)He’s Just Not Into You

There are many computer behaviors which, in a certain light, might suggest that an employee is skimming the accounts, paying bribes, pushing deals to friends or relatives, or planning to steal company IP to compete with them....more

SEC Approves NASDAQ’s Proposed Rule on Golden Leash Arrangements

On July 1, 2016, the SEC approved NASDAQ’s proposed Rule 5250(b)(3), as amended by Amendment No. 2 filed on June 30, 2016 (the “Final Rule”), requiring NASDAQ-listed companies to publicly disclose third-party compensation...more

Reasonable Compensation Issues Remain On the IRS Radar Part II: S-Corporation Concerns

Our May 26, 2016 article, Reasonable Compensation Issues Remain on the IRS Radar ("Part I"), discussed how the IRS scrutinizes the reasonableness of compensation payments made to C-corporation shareholder-employees. As...more

New Proposed 457 Regulations May Impact Deferred Compensation Arrangements Maintained by Tax-Exempt and Governmental Employers

On June 21, 2016, concurrent with its issuance of proposed regulations under Code section 409A, the IRS also issued proposed regulations under Code section 457, which address deferred compensation arrangements covering...more

Nasdaq Adopts “Golden Leash” Director Compensation Disclosure Requirement

The Nasdaq Stock Market LLC (Nasdaq) has adopted a new rule that will require each Nasdaq-listed company to publicly disclose compensation or other payments by third parties to any current director or nominee for director in...more

Six Best Practices to Go Beyond Dutch Whistleblower Compliance

In March 2016 the Dutch Senate passed the “House for Whistleblowers” Act (Huis voor Klokkenluiders) to protect the interests of whistleblowers. This Act came into effect on 1st July. Whilst the rules currently only apply...more

Proposed Changes to Section 409A are Welcome (for the Most Part)

The Internal Revenue Service recently issued proposed regulations under Section 409A of the Internal Revenue Code (“Section 409A”) in an effort to clarify and modify parts of the current final regulations (issued in 2007) and...more

401(k) Plan Sponsors: Please Read This Article!

You’re a 401(k) plan sponsor and we understand that you’re busy running a business and talking about retirement plan issues is as exciting as watching paint dry. The problem is that paint drying won’t expose you to liability,...more

BDO’s 2016 Manufacturing Risk Factor Report

The 2016 BDO Manufacturing RiskFactor Report examines the risk factors in the most recent 10-K filings of the largest 100 publicly traded U.S. manufacturers across five sectors including fabricated metal, food processing,...more

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