McDermott Will & Emery
Subscribe to McDermott Will & Emery's PostsThe Impact of the EU Data Protection Regulation
By Anthony A. Bongiorno, McDermott Will & Emery, Dr. Paul Melot de Beauregard and Maximilian Baur on Sep 15, 2016
Posted In Privacy and Data Security
The EU General Data Protection Regulation 2016/679 (GDPR) was published in the Official Journal of the European Union on 4 May 2016 following the compromise agreed among the Council of the European Union and the European Parliament. The GDPR will essentially affect any business coming into contact with European personal data. Read the full article...
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Affordable Care Act Compliance: IRS Releases Draft 2016 Employer Reporting Forms and Instructions
By McDermott Will & Emery on Aug 30, 2016
Posted In Health and Welfare Plans
On August 2, the Internal Revenue Service (IRS) released revised draft Forms 1094-C and 1095-C, and draft instructions for completing these forms for the 2016 reporting year (see here). Although these are not final versions, it is important for employers to review the updates and changes from the 2015 forms and instructions as they prepare for the 2016 filings....
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Advantages of Using ESOPs To Structure Acquisitions and Divestitures In An Uncertain Economy
By McDermott Will & Emery on Aug 25, 2016
Posted In Employee Stock Ownership Plans (ESOPs)
M&A advisors are becoming increasingly familiar with leveraged ESOP transactions and are routinely considering the ESOP platform in structuring acquisitions and divestitures. The first part of this article references the ways in which leveraged ESOPs have historically been used to provide a tax-advantaged exit strategy for privately held business owners. The article then discusses the...
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Michigan Health Insurance Claims Assessment Act is Not Preempted by ERISA
By McDermott Will & Emery on Aug 23, 2016
Posted In Health and Welfare Plans
The Sixth Circuit, has decided, on remand from the Supreme Court, that the Michigan Health Insurance Claims Assessment Act (Act) is not preempted by ERISA. The Act imposes a 1 percent tax on all paid claims by insurers or third party administrators (TPAs) for health services rendered in Michigan to Michigan residents. The case was brought by...
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HIPAA Privacy and Security Compliance for Group Health Plan Sponsors
By McDermott Will & Emery on Aug 18, 2016
Posted In Health and Welfare Plans, Privacy and Data Security
Joanna Kerpen authored an article on final HIPAA rules for privacy enforcement and audit programs, particularly those with additional requirements aimed at group health plan sponsors. This report focuses on the final regulations issued under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), in January 2013, HIPAA enforcement and audit programs, HIPAA-related additional...
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OSHA and MSHA Increase Penalties for Workplace Safety Violations
By McDermott Will & Emery on Aug 4, 2016
Posted In Employment, Labor
On July 1, 2016, Occupational Safety and Health Administration (OSHA) increased the maximum penalties under the Occupational Safety and Health Act by about 78 percent to account for inflation. Acting under authority conferred by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Pub. L. 114-74, 701 (part of the Bipartisan Budget Act...
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New York and San Francisco Approve Mandatory Paid Family Leave
By McDermott Will & Emery and Ruth Wimer on Jul 14, 2016
Posted In Employment, Health and Welfare Plans, Labor
Both the State of New York and the City of San Francisco recently granted paid family leave to eligible employees. Paid family leave becomes effective on January 1, 2017, in San Francisco and on January 1, 2018, in New York. Read the full article.
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New Mental Health Parity and Addiction Equity Act Guidance from the DOL
By McDermott Will & Emery on Jun 28, 2016
Posted In Health and Welfare Plans, Labor, Mental Health Parity and Addiction Equity Act
The US Department of Labor (DOL) has provided guidance on health plan provisions that could trigger a violation of the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA), as amended by the Affordable Care Act. The DOL provided particular examples broken down by categories of plan provisions relating...
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New Policies and Practices for Hiring Expatriates in China
By McDermott Will & Emery on Jun 21, 2016
Posted In Employment, Labor
With more and more expatriates working in China, and some even applying for long-term residence permits, complicated applications procedures have been deemed an impediment to attracting more talented expatriates. In later 2015, for the purpose of facilitating the establishment of the “technology innovation center,” Shanghai issued several local policies encouraging more senior level expatriates to...
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EEOC Model Wellness Program Notice
By McDermott Will & Emery on Jun 16, 2016
Posted In Employee Benefits, Employment, Health and Welfare Plans
Today, the EEOC issued its model notice to be used in conjunction with wellness programs that ask disability related inquiries or require medical examinations. The notice requirement applies prospectively to employer wellness programs as of the first day of the plan year that begins on or after January 1, 2017, for the health plan used...
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