Commercial Law & Contracts, Labor & Employment Law, Finance & Banking

Insights - Spring 2013: Developing Federal Common Law of Successor Liability

by Regina Joseph | Shumaker, Loop & Kendrick, LLP on 5/17/2013

When a purchaser acquires substantially all the assets of a seller, the purchase agreement typically provides that the purchaser does not assume seller’s liabilities except to the limited extent specifically set forth...more

Changes Afoot for ERISA “Reportable Event” Rules

by Mark Hamilton, Kellie Thomas | White & Case LLP on 5/10/2013

As many as 90% of pension plans and pension plan sponsors may soon have fewer “reportable events” to track and report to the Pension Benefit Guaranty Corporation (the “PBGC”), if certain proposed changes to the PBGC...more

PCAOB, Auditors And Executive Compensation

by Stephen M. Quinlivan | Leonard, Street and Deinard - Dodd-Frank and... on 5/9/2013

The Public Company Accounting Oversight Board, or PCAOB, has reproposed a new auditing standard, Related Parties, and certain other amendments to its standards. Overall, the reproposal is directed at detecting material...more

Court Upholds Validity of ERISA Fiduciary Indemnification

by David Ackerman, John Kober | Morgan Lewis on 5/7/2013

Ruling rejects DOL challenge of an agreement by a 100% ESOP-owned company to advance defense costs and indemnify a trustee....more

Takeover Code Amendments Extend the Rights of Pension Scheme Trustees

by Iain Wright | Morgan Lewis on 4/30/2013

Amendments include new requirements regarding offerors' intentions, documents provided to trustees, trustees' opinions on offers, and publication of agreements between offerors and trustees....more

PBGC Seeks Involuntary Plan Termination before Plan Sponsor’s Proposed Share Sale

by Justin Alex | Proskauer - ERISA Practice Center on 4/29/2013

On April 18, 2013, PBGC filed a complaint (PBGC v. Saint-Gobain Corp. Benefits Comm., E.D. Pa. Case No. 13-02069) to involuntarily terminate a defined benefit plan sponsored by Saint-Gobain Containers, Inc. before Ardagh...more

Creditors Can Reach Benefits under "Top Hat" Plan, United States District Court of Maryland Rules

by Katherine Lange | Womble Carlyle Sandridge & Rice, PLLC on 4/17/2013

Executive Summary: ERISA “top hat” plan’s anti-alienation provision does not trump state garnishment laws. A familiar feature of ERISA is its protection of a participant’s retirement savings from creditors; ERISA...more

De-Risking On Trial? U.S. Verizon Litigation Still Active

by Carol Buckmann | Osler, Hoskin & Harcourt LLP on 4/12/2013

In our March 13 webinar on de-risking defined benefit pension plans, I stated that the U.S. litigation launched by a group of Verizon retirees challenging the annuitization of their pensions was not dead, even though a...more

Proposed Regulations May Affect Default Risk for Borrowers with Pension Plans

by Mark Jones, Matthew Ryan | Pillsbury Winthrop Shaw Pittman LLP on 4/12/2013

The Pension Benefit Guaranty Corporation (PBGC) has proposed regulatory safe harbors waiving the obligation of financially sound defined benefit pension plans and the companies that maintain them from the duty to report...more

Dechert OnPoint: NDNY Bankruptcy Court's Broad Interpretation of the Definition of "Interests" in 363 Sale

by Matthew Ginsburg | Dechert LLP on 4/12/2013

A recent decision out of the Bankruptcy Court for the Northern District of New York has brought greater certainty to the interpretation of what qualifies as an “interest” when determining the scope of a Section 363(f) “free...more

Ninth Circuit Holds Private Company Rules Preempt California Law

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 4/10/2013

California Labor Code Section 450(a) forbids employers from coercing the patronage of their employees: It provides...more

New York Bankruptcy Court Adopts Expansive View of Section 363 Free and Clear Assets Sales

by Dechert LLP on 4/8/2013

Introduction - In a recent decision, the Bankruptcy Court for the Northern District of New York broadly interpreted the meaning of “interest” in the context of determining the scope of a sale free and clear of “liens,...more

Focus On Public Policy - March 2013: Federal Budget 2013

by Cyrus Reporter | Dentons on 3/22/2013

On March 21, 2013, Federal Finance Minister Jim Flaherty tabled the Conservative government’s new budget entitled Economic Action Plan 2013. As expected, the key themes are job creation, skills development, infrastructure...more

Legal Alert: Retained Asset Account Litigation—Summary Judgment Entered for MetLife

by Brendan Ballard, Phillip Stano, Steuart Thomsen | Sutherland Asbill & Brennan LLP on 3/21/2013

On March 8, 2013, the U.S. District Court for the District of Nevada, Judge Larry R. Hicks presiding, granted the defendant - insurer’s motions for summary judgment in the consolidated, putative class actions, Keife v....more

Section 409A Tax Assessed An Discounted Stock Options – Taxpayer Sues For Refund In Federal Court Of Claims

by Jeffrey P. Cairns | Leonard, Street and Deinard - Employee... on 3/8/2013

Code Section 409A which was effective in January 1, 2005, provides strict rules that must be applied to most deferred compensation arrangements accruing benefits after the effective date. Failure to comply with the Code and...more

Separate Account Real Estate Investments: What Do I Need to Know And What Is My Role?

by Danielle Sveska Gensch, Yuliya Oryol | Nossaman LLP on 3/6/2013

Separate account real estate refers to the direct ownership by a public pension plan in income producing real property, and in some cases, the property where the public pension plan has its headquarters building and related...more

Court Rules Pension Plan Members Not Entitled to Indexing

by Mark Newton | Heenan Blaikie LLP on 2/27/2013

In a decision released this month, the Saskatchewan Court of Appeal ruled that members of the Saskatchewan public service pension plan are not entitled to indexed pension benefits, beyond what was already provided for in...more

New Jersey Department of Banking and Insurance Clarifies Restrictions on the Payment of Commissions, Rebates and Other Inducements...

by M. Paige Berry | Saul Ewing LLP on 2/22/2013

The New Jersey Department of Banking and Insurance ("NJDOBI") issued a Bulletin to title insurance companies and producers and to real estate brokers, broker-salespersons and salespersons advising them of the restrictions on...more

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Commercial Law & Contracts › Labor & Employment Law › Finance & Banking

Insights - Spring 2013: Developing Federal Common Law of Successor Liability

Changes Afoot for ERISA “Reportable Event” Rules

PCAOB, Auditors And Executive Compensation

Court Upholds Validity of ERISA Fiduciary Indemnification

Takeover Code Amendments Extend the Rights of Pension Scheme Trustees

PBGC Seeks Involuntary Plan Termination before Plan Sponsor’s Proposed Share Sale

Creditors Can Reach Benefits under "Top Hat" Plan, United States District Court of Maryland Rules

De-Risking On Trial? U.S. Verizon Litigation Still Active

Proposed Regulations May Affect Default Risk for Borrowers with Pension Plans

Dechert OnPoint: NDNY Bankruptcy Court's Broad Interpretation of the Definition of "Interests" in 363 Sale

Ninth Circuit Holds Private Company Rules Preempt California Law

New York Bankruptcy Court Adopts Expansive View of Section 363 Free and Clear Assets Sales

Focus On Public Policy - March 2013: Federal Budget 2013

Legal Alert: Retained Asset Account Litigation—Summary Judgment Entered for MetLife

Section 409A Tax Assessed An Discounted Stock Options – Taxpayer Sues For Refund In Federal Court Of Claims

Separate Account Real Estate Investments: What Do I Need to Know And What Is My Role?

Court Rules Pension Plan Members Not Entitled to Indexing

New Jersey Department of Banking and Insurance Clarifies Restrictions on the Payment of Commissions, Rebates and Other Inducements...

Legal Alert: DOL Resolves Important ERISA Issues About Cleared Swap Transactions

"Restrictive Covenants - The Final Chapter (For Now) - Part 2"

Socio-Economic and Cultural Risk Factors That Drive Corruption: A Focus on the ‘Supply Side’ of the Equation

The Growing Public Market for Private Company Shares

Forfeiture, penalty and repudiation: terminating the employment of highly paid employees

Florida Supreme Court Upholds Legislation Requiring Public Employees To Contribute To Retirement Accounts

Tax Topics: Restrictive Covenants — The Final Chapter (For Now)— Part I

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