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HTMLRecent Litigation Addresses the Benefit Plans of Religious Organizations
Joanne C. Youn; Caplin & Drysdale, Chartered;
Legal Alert/Article
July 12, 2016, previously published on June 13, 2016
The retirement and health plans of churches and certain other religious organizations are entitled to specific exemptions under federal benefits laws. These include an exemption from the fiduciary, funding, and other requirements of the Employee Retirement Income Security Act of 1974...

 

HTMLDodd-Frank and Executive Compensation - Part 1: Status Update
Alexander Song; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
June 17, 2016, previously published on April 28, 2016
It’s been over five years since the signing of the Dodd-Frank Wall Street Reform and Consumer Act (“Dodd-Frank”) and we are still waiting for the U.S. Securities and Exchange Commission to finalize rules on several provisions related to executive compensation. Below is a summary...

 

HTMLPrivate Equity Funds, Controlled Groups, and Multi Employer Plan Withdrawal Liability: The Lessons of Sun Capital Partners vs. New England Teamsters and Trucking Industry Pension Fund
Alden J. Bianchi; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
June 16, 2016, previously published on April 12, 2016
Both the Internal Revenue Code (the “Code”) and the Employee Retirement Income Security Act (“ERISA”) contain rules that aggregate trades and businesses under common control. For the most part, these rules are intended to prevent abuses that might result from breaking a...

 

HTMLNew York State Enacts Nation’s Most Generous Paid Family Leave Law Effective January 1, 2018
Alexander Song; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
June 16, 2016, previously published on April 19, 2016
Earlier this month Governor Cuomo signed into law New York’s Paid Family Leave Act, which, when fully implemented, will provide virtually all employees in the state up to 12 weeks of paid family leave. Under the law, employees will be entitled to paid leave to (1) care for a family member...

 

HTMLFee Schedule Update
Megan B. Caramore; Vandeventer Black LLP;
Legal Alert/Article
June 16, 2016, previously published on May 2016
On March 7, 2016, Governor Terry McAuliffe signed legislation to establish a workers' compensation fee schedule in Virginia. Virginia joins 45 other states in adopting a workers' compensation fee schedule. The fee schedule will go into effect on January 1, 2018, and will replace the current system...

 

HTMLSun Capital Update: District Court Doubles Down on Imposition of Pension Liability for Private Equity Funds
Aaron M. Gober-Sims, Lisa G. Laukitis; Jones Day;
Legal Alert/Article
June 15, 2016, previously published on May/June 2016
Amendments to the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 1001 et seq., in 1980 made “trade[s] or business[es]” that are under “common control”—which has since been defined by regulation to mean 80 percent common...

 

HTMLThe DOL Issues Broader Fiduciary Adviser Definition: What Does it Mean for You?
Jeffrey D. Mamorsky; Greenberg Traurig, LLP;
Legal Alert/Article
June 7, 2016, previously published on May 19, 2016
Since the enactment of ERISA in 1974, there has been a dramatic shift in the retirement savings marketplace from employer-sponsored defined benefit plans to participant-directed 401(k) plans, coupled with the widespread growth of Individual Retirement Accounts and Annuities (IRAs). In fact, 401(k)...

 

HTMLNew Proposed Rules on Executive Compensation at Financial Institutions
David G. Johnson, Ilirjan Pipa, Michael G. Riley; McDonald Hopkins LLC;
Legal Alert/Article
June 5, 2016, previously published on May 6, 2016
The National Credit Union Administration (NCUA) recently issued a proposed rule designed to regulate the pay of executives at banks and credit unions around the country. These are the so-called “Wall Street Pay Rules.”

 

HTMLPension Risk Management: Financial Risks
Andrew Harrison, Sonia T. Mak; Borden Ladner Gervais LLP;
Legal Alert/Article
June 2, 2016, previously published on May 30, 2016
Risk management relating to pension plans has been a much-discussed topic among plan sponsors and administrators in recent years, particularly after the market crash in 2008.

 

HTMLCurrent Structuring May Not Shield Private Equity Firms from ERISA Liabilities
Robert A. Davis, James Frazier, Gillian Emmett Moldowan, Shane J. Stroud, Linda Z. Swartz; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
May 26, 2016, previously published on April 14, 2016
On March 28, 2016, the U.S. District Court for the District of Massachusetts held that two private equity funds within Sun Capital were jointly and severally liable under the Employee Retirement Income Security Act of 1974, as amended (ERISA), for the $4.5 million multiemployer pension plan...

 


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