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HTMLCalifornia Adopts Statewide Paid Sick Leave Law
Alexis Kramer, John E. Schembari; Kutak Rock LLP;
Legal Alert/Article
November 10, 2014, previously published on October 29, 2014
California is now the second state in the country to pass a statewide paid sick leave law. The Healthy Workplaces, Healthy Families Act (the “Act”) requires nearly every employer in the state to provide its employees with one hour of paid leave for every 30 hours worked, up to 24 hours...

 

HTMLCMS Delaying Enforcement of Regulations Related to Unique Health Plan Identifiers
Alfred B. Fowler, William C. McCartney, Shira B. McKinlay, John E. Schembari, Michelle M. Ueding; Kutak Rock LLP;
Legal Alert/Article
November 10, 2014, previously published on November 3, 2014
Late Friday afternoon (October 31, 2014), the Center for Medicare & Medicaid Services (CMS) announced it will not be enforcing the regulations relating to unique health plan identifiers (HPIDs) until further notice. The enforcement delay applies to all HIPAA-covered entities, including health...

 

HTMLFall 2014 Dodd-Frank Update
Daniel L. Heard; Kutak Rock LLP;
Legal Alert/Article
November 10, 2014, previously published on October 24, 2014
It has been a while since the SEC moved forward with any rulemaking under the Dodd-Frank Act. In fact, the last action taken by the SEC was in December 2013 when it approved amendments to Nasdaq listing rules relating to compensation committee independence. Nothing has happened since then. The...

 

Adobe PDFDepartment of Treasury Rulemaking Enacted to Curb Tax Inversion Transactions
Michael W. Alvano, Steven P. Amen, Marcantonio Barnes, Paul E. Belitz, Glenn E. Borkowski; Kutak Rock LLP;
Legal Alert/Article
October 28, 2014, previously published on October 8, 2014
On September 22, 2014 the U.S. Department of Treasury announced new rules targeting companies that try to avoid U.S. income taxes by moving their headquarters overseas (a so-called “inversion”). The Treasury Department is still fleshing out the details of the guidance but has...

 

HTMLPlanned Parenthood Ruling Deepens Current Split in the Circuits Regarding the Level of Specificity Required in FCA Cases
Victoria H. Buter, Edward M. Fox, Thomas J. Kenny; Kutak Rock LLP;
Legal Alert/Article
September 16, 2014, previously published on September 9, 2014
In the recent case of United States ex rel. Thayer v. Planned Parenthood of the Heartland, No. 13 1654, 2014 WL 4251603 (8th Cir. Aug. 29, 2014), the Eighth Circuit deepened the current split in the circuits regarding the level of specificity required in a False Claim Act (FCA) case, making it...

 

HTMLDefined Benefit Plan Sponsors Must Take Immediate Action
Alfred B. Fowler, Shira B. McKinlay, Juliana Reno, John E. Schembari, Michelle M. Ueding; Kutak Rock LLP;
Legal Alert/Article
August 25, 2014, previously published on August 15, 2014
Last Friday, the President signed the Highway and Transportation Funding Act of 2014 (“HATFA”) into law. HATFA extends the interest rate smoothing provisions applicable to defined benefit pension plans that were originally found in the Moving Ahead for Progress in the 21st Century Act...

 

HTMLIRS Provides Additional Information on 409A Audit Initiative; Other 409A Matters
Alfred B. Fowler, Peter C. Langdon, Juliana Reno, John E. Schembari, Michelle M. Ueding; Kutak Rock LLP;
Legal Alert/Article
August 2, 2014, previously published on July 31, 2014
In May, the IRS announced that it had launched an audit initiative (the Initiative) to gauge compliance with the rules for nonqualified deferred compensation arrangements under Internal Revenue Code (Code) Section 409A. Yesterday, we participated in a national conference with the IRS where IRS...

 

HTMLSupreme Court Limits Reach of Contraceptive Mandate
Alfred B. Fowler, Peter C. Langdon, Juliana Reno, John E. Schembari, Michelle M. Ueding; Kutak Rock LLP;
Legal Alert/Article
July 11, 2014, previously published on July 1, 2014
On June 30, 2014, the Supreme Court ruled that under the Religious Freedom Restoration Act, closely-held for-profit corporations are not required to pay for contraceptives if doing so would violate the corporation’s sincerely held religious beliefs. Below, we discuss the major parts of the...

 

Adobe PDFSEC MDCD Initiative Creates Quandary for Municipal Issuers and Underwriters
Kutak Rock LLP;
Legal Alert/Article
July 7, 2014, previously published on June 6, 2014
On March 10, 2014, the Securities and Exchange Commission (the “SEC”) announced its Municipalities Continuing Disclosure Cooperation Initiative (the “MCDC”). The program is ostensibly designed to afford favorable treatment terms to municipal issuers and obligated parties...

 

HTMLSupreme Court Holds There Is No Presumption of Prudence
Alfred B. Fowler, Peter C. Langdon, Juliana Reno, John E. Schembari, Michelle M. Ueding; Kutak Rock LLP;
Legal Alert/Article
July 7, 2014, previously published on June 26, 2014
On June 25, 2014, the U.S. Supreme Court issued its long-awaited ruling in Fifth Third Bancorp v. Dudenhoeffer, a case involving an ESOP fiduciary’s duties in deciding to sell or hold employer stock in an ESOP. The U.S. Supreme Court unanimously rejected the “presumption of...

 


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