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The Future of Premium Subsidies under the Affordable Care Act: 'Halbig v. Burwell' and 'King v. Burwell'

Both decisions addressed whether tax credits are available for residents in states that have federally-facilitated health exchanges. The District of Columbia Court of Appeals said “no”; the Fourth Circuit Court of Appeals...more

How Big Is Halbig? The Viability of the ACA’s Employer Mandate Hangs in the Balance

For employers with employees in the 36 states with a federally facilitated exchange, the question arises how the Halbig decision impacts their decision and strategy to provide health coverage to their employees when the...more

Fifth Third Bancorp v. Dudenhoeffer – An Analysis of the U.S. Supreme Court’s Decision

For over two decades, federal courts have embraced the so-called Moench presumption of prudence in ERISA stock-drop cases. Pursuant to that presumption, courts have routinely dismissed such claims absent allegations in a...more

Evaluating Employer Insurance Coverages to Defend against Claimed Violations of the Affordable Care Act

Employers have long been subject to lawsuits brought by employees for employment actions such as wrongful termination, discrimination and harassment. With the opening this week of the Health Insurance Marketplaces and the...more

New Municipal Redevelopment Law Signed into Law in New Jersey

New Municipal Redevelopment Law Signed into Law in New Jersey by Patrick McNamara on September 20, 2013 Gov. Chris Christie has signed legislation that will change the rules for New Jersey redevelopment projects. The...more

The Affordable Care Act & the Impact on the C-Suite – Interview with Alden Bianchi, Member, Mintz Levin [Video]

Attorney Alden Bianchi, Practice Group Leader of Mintz Levin's Employee Benefits & Executive Compensation Practice, discusses why the Affordable Care Act makes health care benefits something that should be top-of-mind to...more

The Affordable Care Act: The Structure of Health Plans – Interview with Alden Bianchi, Member, Mintz Levin  [Video]

Attorney Alden Bianchi, Practice Group Leader of Mintz Levin's Employee Benefits & Executive Compensation Practice, discusses how health plans will be purchased under PPACA....more

Court Decides Employer Had No Obligation To Pay Employee’s Attorney

Mention indemnification to a corporate lawyer, and you’re like to hear about Section 317 of the Corporations Code, the articles of incorporation and bylaws. But a corporate agent’s indemnification rights are not necessarily...more

It's Your Business News -- August 2013

In This Issue: Making the ‘Right’ Choice; Top Ten Mistakes Businesses Make Regarding Insurance; and You’ve Got the Job, Details Will Follow. Excerpt from Making the ‘Right’ Choice - You have the idea, you...more

Shorts on Long Term Care - June 2013

In this issue: - What’s Up With Nursing Facility “Mandatory” Corporate Compliance Programs? - Updated OIG Exclusion Guidance Spells Out Recommended Employee Screening Procedures - General Assembly Calls...more

Affiliates of Health Insurance Providers May Be Subject to the Affordable Care Act $500,000 Deduction Limit on Executive...

Most issuers of healthcare insurance likely have heard about the $500,000 limit on deductible compensation that became effective January 1, 2013, but might be surprised to know how much broader the scope of the deduction is...more

A Recent Development in “Wage and Hour” Insurance

In our August 1, 2012 blog entry titled “Insurance Coverage for Wage and Hour Litigation Claims,” we discussed the recent surge in wage and hour litigation and the potential for insurance coverage related to wage and hour...more

Capital Infusion - May 2013: Policy Spotlight: Affordable Care Act

EMPLOYER RESPONSIBILITIES UNDER THE AFFORDABLE CARE ACT AND THE IMPACT on PRIVATE INVESTMENT FUNDS - Implementation of the Affordable Care Act (“ACA”) continues at an accelerated pace. Some of its most important...more

Who is a Large Employer Under Obamacare?

Among other things, the Patient Protection and Affordable Care Act (the “Act”), commonly referred to as Obamacare, requires “large employers” to provide qualified health coverage for all of their full-time employees, or pay...more

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

In This Edition: - Year-end Deadline for Correcting Section 409A Deferred Compensation Arrangements That Condition Payment on an Employee Release or Covenant: By December 31, 2012, all deferred compensation...more

Insuring Your Business -- November 2012

In This Issue: Are You Liable for Serving Alcohol at Holiday Parties? Does Your Insurance Policy Cover You? -- Let’s say that you are having a holiday party (with alcohol served) at your home, or you are a business...more

Legislative Update Report No. 2012-16 -- Aug 30, 2012

In This Article: Federal Government; Alberta; British Columbia; Manitoba; New Brunswick; Newfoundland; Northwest Territories; Nova Scotia; Nunavut; Ontario; Prince Edward Island; Québec/Quebec; Saskatchewan; and Yukon....more

Insurance Rates On The Rise For San Fernando Valley Businesses

Insurance premiums for business policies in the San Fernando Valley have risen this year by two to fifteen percent compared to last year, according to David Russell, an associate professor of insurance and finance at...more

IRS Clarifies Medicare Premium Deductions for Sole Proprietors, Partners and S Corporation Shareholder-Employees

Sole proprietors, partners (including LLC members) and two percent shareholders in an S corporation are not treated as “employees” for purposes of certain benefits. Among those benefits is employer provided health insurance...more

Can D&O Insurance Cover Banks Anymore?

Last week, Democratic Rep. Barney Frank of Massachusetts introduced H.R. 5860. This new bill, titled the “Executive Compensation Clawback Full Enforcement Act,” seeks to prohibit insurance coverage for regulatory clawbacks...more

Rassegna Giurisprudenziale

Si riporta di seguito una breve rassegna dei provvedimenti maggiormente significativi emessi negli ultimi mesi in materia di responsabilità amministrativa degli enti ex D.Lsg. 231/2001. CORTE DI APPELLO DI BRESCIA –...more

Healthcare Legal News - November 7, 2011 • Volume 1, Number 4

In This Issue: - Further Erosion in Healthcare Reform - Labor & Employment News: Should Your Organization Have An Affirmative Action Plan? Recent Decision Requires Hospitals To Re-Evaluate Whether They Are Subject To...more

Leaving the Mothership - Employee Benefits for Spin-Offs

When acquiring a spin-off from a corporate parent, benefits are key to post closing success and minimizing employee disruption. Employee benefits represent significant costs for middle market companies but are critical to...more

Japan: Employee Safety and business continuity

Following the devastating earthquake and tsunami in Japan, many businesses operating in the region have concerns over the stability of the Fukushima Daiichi Nuclear Power Plant, the availability of fuel and basic supplies,...more

Health Care Reform Update - January 28, 2011

Implementation of Health Care Reform Law On January 21st Senate Democratic leadership continued to praise early benefits of the Affordable Care Act (ACA) and sent a letter to national tax preparation companies encouraging...more

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