Among the provisions of SECURE 2.0 (effective December 29, 2022) welcomed by plan sponsors were the additions to the Internal Revenue Code that allow qualified plans to refrain from trying to recoup an “inadvertent benefit...more
Businesses often manage their price risks by hedging those risks with financial derivative contracts. Because businesses generate ordinary income and loss on their normal business activities, they want to be sure their...more
by Lyn Domenick Many retirement plan errors are inadvertent and involve small dollar amounts. However, the work involved in correcting such errors can be time consuming and burdensome. Fortunately, SECURE 2.0 provides that...more
The IRS recently issued Notice 2023-43 (Notice) to provide interim guidance on Section 305 of SECURE 2.0 Act of 2022 (SECURE 2.0), which significantly expanded self-correction under the Employee Plans Compliance Resolution...more
Petitioners beware – the Board holds you to what is submitted on filing day for required documents. In Shenzhen Aurora Technology Company, Ltd. v. Putco, Inc., IPR2020-00670, “[t]he Petition relies on foreign language...more
After an M&A deal closes, the purchaser may discover information that it considers erroneous in the balance sheet accounts in the acquired company’s financial statements....more
As they once said in This is Spinal Tap, there is a fine line between stupid and clever. I can assure you that Michael McKeon who played David St. Hubbins in the movie and co-wrote it, was not in plan administration. Based on...more
On October 9, 2019, the Centers for Medicare and Medicaid Services (CMS) published proposed changes to the regulations interpreting the Physician Self-Referral Law (Stark Law)....more
If you’re keeping employees happy in the workplace, they’re more productive – new research confirms it. How can workflow automation make legal department staffers happier and more engaged with their work? ...more
Many steps creditors take in the process of directly or indirectly originating a vehicle finance agreement are designed to protect the creditor in the event its credit risk assessment was off and the consumer defaults. A...more
We all make mistakes. Sometimes others notice, sometimes not. When you do, find a way to learn from it and laugh it off. If you do so, it will pass faster and you can move forward instead of looking backwards....more
Things That 401(k) Plan Sponsors Are Supposed To Do, But Aren't Doing Anyway. So many things they should be doing, but aren't. There are so many things in life that we're supposed to do, but we don't. Flossing teeth and...more
In his Daily Journal article, Partner Stephen Squillario discusses the potential escape hatch that is provided by C.C.P. Section 473(b) when an attorney's mistake, inadvertence, surprise or neglect has harmed the client. ...more
On May 19, 2017, the U.S. Court of Appeals for the D.C. Circuit issued a decision in TNA Merchant Projects, Inc. v. Federal Energy Regulatory Commission (FERC or the “Commission”),1 holding that FERC has the authority to...more
If South Carolina property taxes are not timely paid, the county Assessor must assess a late-payment penalty. However, the county Treasurer is given authority to waive an assessed late payment penalty if a taxpayer can...more
The cost of correcting plan errors can be expensive. It can be expensive through corrective contributions and it certainly can be expensive through legal costs....more
The Wisconsin Supreme Court has interpreted the meaning of “substantial fault” in an unemployment insurance case, which will be applicable in worker’s compensation cases, as well. The case is Operton v. Labor and Industry...more