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HTMLESOP Fiduciaries Lose “Presumption of Prudence”
Brydon M. DeWitt; Williams Mullen;
Legal Alert/Article
July 7, 2014, previously published on June 30, 2014
A unanimous U.S. Supreme Court held last week that employee stock ownership plan (ESOP) investment in employer stock is not entitled to a special ERISA “presumption of prudence”. The decision provides important guidance for ERISA plan fiduciaries.

 

HTMLNo Recess: Supreme Court Decision Invalidates Three 2012 NLRB Appointments and Narrows President’s Recess Appointment Powers
David C. Burton, Amanda Weaver, J. Nelson Wilkinson; Williams Mullen;
Legal Alert/Article
July 7, 2014, previously published on June 27, 2014
On June 26, 2014, the United States Supreme Court ruled that President Obama’s purported “recess” appointments of three National Labor Relations Board members was an invalid exercise of executive power. The decision has potentially sweeping ramifications for the future of the...

 

HTMLReliance on Professional Advice Avoids Valuation Penalty
Thomas W. Aldous; Williams Mullen;
Legal Alert/Article
June 23, 2014, previously published on June 18, 2014
In Whitehouse Hotel Ltd Partnership v. Commissioner, No. 13-60131 (6/11/2014), the Fifth Circuit Court of Appeals vacated the Tax Court’s enforcement of a gross undervaluation penalty imposed on a taxpayer claiming a charitable deduction for a historic preservation façade conservation...

 

HTMLThe OFCCP Calls a Moratorium on Enforcement Activities Against TRICARE Providers
Sara B. Rafal, Malcolm "Dick" E. Ritsch; Williams Mullen;
Legal Alert/Article
June 13, 2014, previously published on June 9, 2014
On May 7, 2014, a Directive of the Office of Federal Contract Compliance Programs (“OFCCP”) placed a five-year moratorium on enforcement activities regarding health care providers that are TRICARE subcontractors. TRICARE is the Department of Defense health care program for military...

 

HTMLWhat Trade Facilitation Is and Why It Matters
Evelyn M. Suarez; Williams Mullen;
Legal Alert/Article
June 13, 2014, previously published on June 9, 2014
It was big news, at least in international trade circles. The World Trade Organization (“WTO”) finalized a Trade Facilitation Agreement (the “Agreement”) at the 9th Ministerial Conference in Bali, Indonesia, on December 7, 2013. The Agreement was the first WTO trade...

 

HTMLSeventh Circuit Interprets ERISA’s Statute of Limitations for Fiduciary Breach: Fish v. GreatBanc Trust Company
Robert W. Shaw, Mark S. Thomas; Williams Mullen;
Legal Alert/Article
June 2, 2014, previously published on May 29, 2014
The Seventh Circuit Court of Appeals in Fish v. GreatBanc Trust Company, No. 12-3330 (7th Cir. May 14, 2014), has issued a decision that clarifies the rules for suits for fiduciary breach under ERISA. The decision primarily concerned whether the plaintiffs’ case was time-barred by...

 

HTMLCFPB Proposal May Eliminate Requirement to Mail Annual Privacy Notice
Alan B. Clark, Edmund "Ed" D. Harllee; Williams Mullen;
Legal Alert/Article
May 27, 2014, previously published on May 20, 2014
On May 7th, the Consumer Financial Protection Bureau (CFPB) announced a proposed rule that would allow financial institutions to post annual privacy notices online, potentially eliminating the current requirement to provide each customer an annual notice by mail. The proposed rule was published in...

 

HTMLCFPB Proposes Amendments to Mortgage Rules
Alan B. Clark, Edmund "Ed" D. Harllee; Williams Mullen;
Legal Alert/Article
May 21, 2014, previously published on May 19, 2014
On April 30th, the Consumer Financial Protection Bureau (CFPB) announced certain limited amendments to the Ability to Repay/Qualified Mortgage Rule (“ATR/QM”) and the Servicing Rules which took effect in January of this year. The proposed amendments were published in the Federal...

 

HTMLNew COBRA and CHIP Notices Highlight Affordable Care Act Marketplaces
Brydon M. DeWitt; Williams Mullen;
Legal Alert/Article
May 21, 2014, previously published on May 16, 2014
The Department of Labor recently issued updated model COBRA continuation coverage and Childrens’ Health Insurance Program (“CHIP”) notices. Plan administrators should begin using the new notices immediately.

 

HTMLFinal Regulations Issued For Investment Advisory Fees and Other Costs Incurred By Trusts and Estates Subject to the 2-Percent Floor
Thomas W. Aldous; Williams Mullen;
Legal Alert/Article
May 14, 2014, previously published on May 12, 2014
On May 8, 2014, the Internal Revenue Service published final Treasury Regulations, §1.67-4, prescribing when costs incurred by estates or nongrantor trusts are subject to the 2-percent floor for miscellaneous itemized deductions under section 67(a) of the Internal Revenue Code. The final...

 


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