Labor & Employment Law, Tax Law, Securities Law

"Shares for Rights: Over-Sold or Under-Appreciated?"

by James Anderson, Helena Derbyshire | Skadden, Arps, Slate, Meagher & Flom LLP on 5/14/2013

In this article we consider some alternative approaches to the proposed U.K. status of “employee shareholders,” who receive capital gains tax-exempt shares in their employer (or its parent) in return for waiving certain...more

What Every Private Equity Fund Manager Should Know About ERISA

by The R. Bernard Law Group on 4/26/2013

What is ERISA? The Employee Retirement Income Security Act of 1974 (“ERISA”) protects the interests of employee benefit plan participants by establishing strict standards of conduct for “plan fiduciaries” – i.e.,...more

A Cautionary Tale Under Code § 409A: Case Evidences IRS' Willingness To Seek 409A Penalties For Discount Options

by Janet Lowder | Womble Carlyle Sandridge & Rice, PLLC on 4/22/2013

The United States Court of Federal Claims recently issued an opinion confirming that § 409A of the Internal Revenue Code of 1986 applies in the context of discount stock options. The case, Sutardja v. United States, is one of...more

What is an 83(b) election and how and when should I make one?

by The R. Bernard Law Group on 4/15/2013

When an employee or service provider receives stock that is subject to vesting, they should immediately consider how that stock might be treated under Section 83 of the Internal Revenue Code. Stock grants subject to Section...more

Recordkeeping Part II

by Michael Kelsheimer | Looper Reed & McGraw, P.C. on 4/1/2013

Who, What, Why . . . Who does it apply to: In this edition, it varies according to the requirements of the particular law identified below. I am taking a short two-part break from my regular format to bring you the...more

Court Affirms Discounted Stock Options Are Deferred Compensation Subject to Section 409A

by Mary Hevener, Daniel Hogans, Eric P. Sarabia | Morgan Lewis on 3/21/2013

Court of Federal Claims agrees with the IRS position that section 409A applies to discounted stock options; holding is important for compensatory stock option grants. On February 27, the U.S. Court of Federal Claims...more

Corporate and Financial Weekly Digest - February 15, 2013

by Katten Muchin Rosenman LLP on 2/18/2013

In this issue: - FINRA Proposes Rule Change that Would Require Reporting OTC Equity Transactions Within 10 Seconds - FINRA Offers Changes to Proposed Rules Governing Markups, Commissions and Fees - CFTC Permits...more

IRS Releases Legal Memorandum Addressing Stock Options and Other Transaction-Related Deductions

by Wilson Sonsini Goodrich & Rosati on 2/1/2013

On January 28, 2013, the Internal Revenue Service (IRS) published a generic legal advice memorandum (GLAM), AM2012-10, addressing the timing under the consolidated return regulations of certain deductions that commonly arise...more

Annual Reporting Requirements for Incentive Stock Options and Employee Stock Purchase Plans

by Christine McCarthy, Michael Yang | Orrick, Herrington & Sutcliffe LLP on 1/29/2013

Annual Information Statements and IRS Returns - Requirement to Report - For any exercise of an incentive stock option (ISO) or transfer of a share previously purchased pursuant to a tax-qualified employee stock...more

Reminder: Information Statements Due by January 31, 2013, for 2012 Incentive Stock Options and Employee Stock Purchase Plan...

by Michael Frank, Wells Miller | Morrison & Foerster LLP on 1/17/2013

This is a reminder to public and private companies that grant incentive stock options (“ISOs”) or maintain a tax-advantaged employee stock purchase plan (“ESPP”). Under IRS regulations, these companies must provide...more

Reminder to Perform Annual ISO/ESPP Reporting in January 2013

by Sheppard Mullin Richter & Hampton LLP on 1/16/2013

As discussed in our December 16, 2010 blog article, the IRS issued final regulations in 2009 under Section 6039 of the Internal Revenue Code (the "Code") that require Employers to annually furnish each employee who exercised...more

A Month in UK Employment Law - January 2013

by Peta-Anne Barrow, Daniel Ornstein, Jennifer Wheater | Proskauer Rose LLP on 1/16/2013

In This Issue: - 2013 – What's On the Horizon - Changes Confirmed - Changes Expected In 2013 But No Implementation Date ...more

Annual Notices for ISOs and ESPPs due January 31, 2013

by Ropes & Gray LLP on 1/9/2013

Each January, companies that grant incentive stock options (ISOs) are required to provide notices to current and former employees who exercised ISOs during the preceding calendar year. Similar notices must be given to current...more

IRS Affirms Rule on Reimbursements and Wages

by James McDonough on 12/5/2012

IRS Affirms Rule on Reimbursements and Wages by James F. McDonough, Jr. on December 5, 2012 The rules governing employee wages, reimbursements and taxes have been confusing for some business owners who have been levied...more

Commentary on October 24, 2012: Notice of Ways and Means Motion Relating to Tax Matters - Shares Issued as Consideration for...

by Osler, Hoskin & Harcourt LLP on 11/1/2012

The Tax Court of Canada held in Alcatel Canada Inc. v. The Queen, [2005] 2 C.T.C. 2001 (TCC), that the taxpayer was entitled to an investment tax credit in respect of the value of stock option benefits granted to its...more