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E&P and Deduction Opportunities for U.S. Companies with Foreign Pension Plans


By on Sep 19, 2012
Posted In Retirement Plans

by David G. Noren and Ruth Wimer It has now been 30 years since the U.S. Congress enacted Section 404A to “rescue” U.S. taxpayers with global operations maintaining large foreign pension plans through branches, disregarded entities, partnerships or controlled foreign corporations.  Section 404A was intended to allow a deduction or a reduction in earnings and profits...

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Beware this Threat to Exec-Comp Tax Deductions


By on Aug 30, 2012
Posted In Executive Compensation, Health and Welfare Plans

by Andrew C. Liazos An IRS compensation rule aimed at health insurers could actually apply to a wide range of companies. It is well known that the Patient Protection and Affordable Care Act (PPACA, or the federal health care reform law) significantly limits the ability of health insurance companies to deduct payment of compensation beginning...

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UK Employment Alert: Further Extension to Workers’ Holiday Rights


By on Aug 22, 2012
Posted In Employment

by Katie Clark, David Dalgarno and Sharon Tan The holiday rights of workers who fall ill while on holiday, or are absent on long-term sick leave, have been extended further by two recent rulings. To read the full article, click here.

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Recent Corporate Aircraft Litigation Raises SEC Perquisite Disclosure Issues


By on Aug 15, 2012
Posted In Executive Compensation

by Andrew C. Liazos, Ira B. Mirsky, Anne G. Plimpton and Ruth Wimer A recent shareholder derivative action alleges that the directors of Chesapeake Energy breached their fiduciary duties to shareholders by, among other things, misleading shareholders about the true extent and true cost of personal use of the company’s aircraft.  The complaint raises questions...

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Save the Date: Privacy and Data Protection Webcast Series


By on Aug 2, 2012
Posted In Privacy and Data Security

In the quickly changing regulatory environment of digital privacy, an organization’s data privacy stakeholders need to understand the latest legal developments and risks their organizations face—or will face—globally. McDermott Will & Emery is pleased to offer this complimentary three-part webcast series for professionals with data privacy responsibilities that will take a look at the legal...

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Key Employee Benefit Considerations for Private Equity Acquisitions


By on Jul 31, 2012
Posted In Labor, Retirement Plans

by Maureen O’Brien Legal review of employee benefit plan issues represents a key opportunity for private equity funds to protect and enhance the value of their investments.  Below are some important considerations to bear in mind when structuring and negotiating transactions. Potential Areas of Non-Compliance Dealing with historical benefit plan non-compliance can be costly and...

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New Rules on Overseas Companies’ Equity Incentive Plans


By on Jul 26, 2012
Posted In Employment, Executive Compensation

by Lawrence Hu and May Lu Stock option plans, stock appreciation rights plans, performance shares, phantom and restricted shares and other equity incentive plans may apply for registration under China’s State Administration of Foreign Exchange (SAFE).  In February 2012, SAFE issued a Notice on Administration of Foreign Exchange Used for Domestic Individuals’ Participation in Equity...

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The Patient Protection and Affordable Care Act: The Supreme Court Decision


By on Jul 25, 2012
Posted In Employment, Health and Welfare Plans

by Christopher M. Jedrey, Joel L. Michaels, Susan M. Nash, Paul W. Radensky and Eric Zimmerman While the Supreme Court of the United States has in large part resolved questions regarding the constitutionality of the Patient Protection and Affordable Care Act, participants in the health care industry should prepare for ongoing uncertainty in the manner...

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UK Employment Alert: Employee Duties / Employer Protections


By on Jul 19, 2012
Posted In Employment

by Alison Wetherfield Employees are often the greatest assets of a business. Their departure to work for competitors (including their own fledgling businesses) can pose one of the greatest risks to the success of the business. These risks have been emphasized in two recent cases in which employers discovered the hard way (by losing) the...

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Employee Benefits Issues for the Health Industry


By on Jul 16, 2012
Posted In Employee Benefits

McDermott Will & Emery’s seasoned health and employee benefits lawyers are proud to present this complimentary webcast series addressing current executive pay issues and employee benefit areas of concern that are creating challenges for the health industry. On June 28, 2012, the Supreme Court of the United States upheld the most significant provisions of the...

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