McDermott Will & Emery

Supreme Court Rejects Latest Challenge to Affordable Care Act: What Are Employers' Obligations Going Forward?

On June 25, 2015, the Supreme Court of the United States upheld one of the main pillars of the Affordable Care Act (ACA): the tax credits that allow millions of Americans to afford health care insurance on the public exchanges…more
| Labor & Employment Law, Insurance, Taxation

King v. Burwell Decision Upholds Subsidies in Federal Exchanges

On June 25, 2015, the Supreme Court of the United States ruled in King v. Burwell that the Affordable Care Act (ACA) requires premium tax credits to be made available in states that use a federal exchange. The case challenged an…more
| Constitutional Law, Labor & Employment Law, Health, Insurance, Taxation

Ruling of First Impression: Employees Working Abroad Do Matter for Thresholds of Corporate Co-determination in Germany

In a February 16, 2015, decision from the Regional Court of Frankfurt a. M. (ref.: 3-16 O 1/14), the court determined that employees working outside of Germany have to be taken into account when determining whether or not the…more
| Business Organizations, Labor & Employment Law, International Law & Trade

Focus on China Compliance - June 2015

In This Issue: - Increased Scrutiny by Chinese Securities Regulators Will Have Global Implications - Effective Employee Suspension Agreements to Facilitate Compliance Investigations - Protecting Against…more
| International Law & Trade, Securities Law

Gesetz zur Neuordnung des Rechts der Syndikusanwälte auf dem Weg

Das Bundessozialgericht hat im Jahr 2014 entschieden, dass Syndikusanwälte nicht gemäß dem Berufsbild des Rechtsanwalts beschäftigt werden. Die Befreiung von der Rentenversicherungspflicht – zu Gunsten von Einzahlungen in das…more
| Labor & Employment Law

The 'Super Powered' Rule of Stare Decisis Defeats Spider Man

The Supreme Court of the United States, in a 6-3 decision, left undisturbed the rule from its 51-year-old decision in Brulotte v. Thys Co. (1964), invoking stare decisis and rejecting arguments seeking to overturn the rule…more
| Commercial Law & Contracts, Communications & Media Law, Intellectual Property

Second Circuit Refuses to Stay Injunction During American Express Appeal

On Tuesday, the U.S. Court of Appeals for the Second Circuit rejected American Express Co.’s request to stay an injunction ordered by a judge in the Eastern District of New York which prevented Amex from imposing certain…more
| Antitrust & Trade Regulation, Business Torts, Commercial Law & Contracts, Finance & Banking

Delaware Senate Passes Unclaimed Property Reform Bill

On June 18, 2015, a bill (S.B. 141) was unanimously approved by the Delaware Senate that would place limits on the look-back period and permanently extend the Voluntary Disclosure Agreement (VDA) program. This represents the…more
| Consumer Protection

Italy: Administrative Court Refers Feed-in Tariff Reductions to the Constitutional Court

On June 23, the Regional Administrative Court of Latium (TAR Lazio) finally handed down its decision to refer the question of the constitutional legitimacy of Article 26, paragraph 3 of D.L 91/2014 (the spalma-incentivi) to the…more
| Energy & Utilities

Chicago, Searching for Tax, Taxes Searchable Websites

A new ruling by the City of Chicago, the Personal Property Lease Transaction Tax Ruling #12 (June 9, 2015), takes a broad view of how its whopping 9 percent tax applies to cloud-based services. Providers of information services,…more
| Science, Computers, & Technology, Taxation

China Issues New Guiding Opinions for Public Hospital Reform

Recently, the General Office of the State Council published the Guiding Opinions on Pilot Comprehensive Reform of Urban Public Hospitals, which took effect on 6 May 2015. The Guiding Opinions give directions for the ongoing…more
| Health

Focus on Tax Strategies & Developments - June 2015

In This Issue: - Distinguishing Between Captive Insurance and Related Party Derivatives: Chief Counsel Advice Memorandum 201511021 - Achieving Tax-Free ‘Rollover’ Treatment for Certain Shareholders in Acquisition of…more
| International Law & Trade, Mergers & Acquisitions, Taxation

Fortgeltung von Bezugnahmen auf Tarifverträge nach Betriebsübergang auf dem Prüfstand

Arbeitsverträge enthalten häufig so genannte dynamische Bezugnahmeklauseln auf Tarifverträge. Diese Klauseln ordnen an, dass die Regelungen eines Tarifvertrages in ihrer jeweils gültigen Fassung für das Arbeitsverhältnis des…more
| Labor & Employment Law

ICN Adopts New Guidance Focusing on Investigative Process and International Cooperation in Mergers

From April 28 through May 1, the International Competition Network (ICN) held its 2015 annual conference. The ICN is a network that unites 132 competition watchdogs from 119 jurisdictions, including the Antitrust Division of the…more
| Antitrust & Trade Regulation, International Law & Trade, Mergers & Acquisitions

House Judiciary Committee Approves Three State Tax Bills

Yesterday, on June 17, 2015, three state tax bills were favorably reported to the United States House of Representatives (House) by the House Judiciary Committee (House Judiciary) after considering each during a half-day markup…more
| Taxation
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