McDermott Will & Emery
Subscribe to McDermott Will & Emery's PostsFourth Circuit Upholds Health Care Reform Law
By McDermott Will & Emery on Sep 9, 2011
Posted In Health and Welfare Plans
by Michael T. Graham On September 8, 2011, the U.S. Court of Appeals for the Fourth Circuit dismissed two lawsuits challenging the constitutionality of President Obama’s health care reform legislation, both on procedural grounds. In one case filed by the State of Virginia, the court dismissed a challenge to the legislation’s constitutionality finding that the...
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NLRB Issues Final Rule on Notification of Employee Rights
By McDermott Will & Emery on Aug 30, 2011
Posted In Employment, Labor
by Stephen Erf and Heather Egan Sussman The National Labor Relations Board (NLRB) issued a final rule requiring private sector employers to notify employees of their rights under the National Labor Relations Act. The Rule requires private sector employers who fall under the National Labor Relations Act to post the employee rights notice in conspicuous...
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McDermott Releases An Employer’s Guide To Implementing EU-Compliant Whistleblowing Hotlines
By McDermott Will & Emery on Aug 25, 2011
Posted In Employment, Privacy and Data Security
by Heather Egan Sussman and Alison Wetherfield Companies listed on U.S. stock exchanges are required under the Sarbanes-Oxley Act to establish a system for employees to internally report concerns over questionable auditing or accounting matters. These systems are often referred to as “whistleblowing hotlines”. When setting up hotlines around the globe, however, employers must be mindful of...
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Webcast: Strategies to Deal with the Patient Protection & Affordable Care Act
By McDermott Will & Emery on Aug 15, 2011
Posted In Health and Welfare Plans
Live Knowledge Congress Webcast Strategies to Deal with the Patient Protection & Affordable Care Act September 13, 2011, Noon to 2 pm (EST) Panel includes Susan Nash, Co-Chair of McDermott Will & Emery’s Health and Welfare Benefits Group. The Patient Protection & Affordable Care Act (PPACA or “Health Reform Bill”) has been the subject of...
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New Guidelines Issued on Preventive Services for Women, Including Religious Employer Exception
By McDermott Will & Emery on Aug 2, 2011
Posted In Benefit Controversies, Health and Welfare Plans
by Amy M. Gordon, Susan M. Nash and Jamie A. Weyeneth The U.S. Departments of Treasury, Labor, and Health and Human Services recently released joint guidance regarding mandatory coverage of contraceptive services for women under the preventive services requirements of health care reform. The new guidance coincides with the issuance of expanded preventive care coverage...
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French Supreme Court Rules Unfairly Dismissed Employees Entitled to Damages for Lost Opportunity to Benefit From a Defined-Benefit Pension
By McDermott Will & Emery on Aug 1, 2011
Posted In Retirement Plans
by Jilali Maazouz and Sébastien Le Coeur Background In 2004, the Fédération Nationale du Crédit Agricole (FNCA) hired Mr. Rossi as one of its senior managers. Mr Rossi. was entitled to a defined-benefit pension, provided he was still employed by FNCA upon retirement. In 2006, FNCA dismissed Mr. Rossi for poor performance. The Paris Court of Appeals...
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Potential Repeal of DOMA?
By McDermott Will & Emery on Jul 27, 2011
Posted In Health and Welfare Plans
by Joseph S. Adams, Todd A. Solomon and Brian J. Tiemann As same-sex marriages began taking place over the weekend in New York state (click here for more information on the benefit implications of that development), another development that could have even more far-ranging implications for benefit plans also occurred last week. Specifically, last week the...
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DOL Extends and Aligns Retirement Plan Fee Disclosure Rules
By McDermott Will & Emery on Jul 22, 2011
Posted In Fiduciary and Investment Issues
by Maureen O’Brien and Todd A. Solomon The U.S. Department of Labor (DOL) issued a final regulation to extend and align the applicability dates for its retirement plan fee disclosure rules. On July 16, 2011, an interim final regulation under the Employee Retirement Income Security Act of 1974 (ERISA) Section 408(b)(2) was published requiring covered service...
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French Supreme Court Rules Subsidiaries’ Works Council Entitled to Appoint an Expert During Mergers and Acquisitions Notified to the EU Commission
By McDermott Will & Emery on Jul 21, 2011
Posted In Employment
Cassation, the French Supreme Court, held that all the entities, whether directly or indirectly subject to a change of ownership, are parties to the concentration.
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Same-Sex Marriage Legalized in New York: Implications for Employee Benefit Plans
By McDermott Will & Emery on Jul 14, 2011
Posted In Employment, Health and Welfare Plans
by Joseph S. Adams, Todd A. Solomon and Brian J. Tiemann Now that same-sex marriage has been legalized in the state of New York, employers should expect to begin seeing an increase in requests for spousal benefit coverage from employees who have legally married their same-sex partners. The new law takes effect on July 24,...
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