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Proposed 162(m) Regulations Add Another Layer of Executive Compensation Issues in M&A

The Tax Cuts and Jobs Act of 2017 (TCJA) upended public company compensation structures nationwide. Prior to the TCJA, Section 162(m) of the Internal Revenue Code of 1986, as amended, generally provided for a $1 million...more

Private Investment Funds Not Liable for Portfolio Company's Pension Withdrawal Liability

The U.S. Court of Appeals for the First Circuit has held in Sun Capital Partners III, LP v. New England Teamsters & Trucking Industry Pension Fund that two Sun Capital Funds were not under common control with Scott Brass...more

10 Tips for Government Contractors with Personnel Covered by Status of Forces Agreements Abroad

The U.S. government has military bases and outposts around the world, and – as it does within the United States – utilizes contractors to support its mission overseas. Because military personnel and employees of government...more

Connecticut Enacts Business Tax Credit for Student Loan Assistance

Connecticut recently passed "An Act Establishing a Tax Credit for Employers That Make Payments on Certain Loans Issued to Employees by the Connecticut Higher Education Supplemental Loan Authority" (Act). The Act, signed on...more

DOL Issues Guidance on Independent Contractors in the "Gig Economy"

• The U.S. Department of Labor (DOL) has issued an opinion letter on when workers in a gig economy are contractors or employees. • The analysis turns on the economic reality of the relationship between the service provider...more

Section 83(i): Considerations and Pitfalls for Private Employers

• Now that the IRS has issued additional guidance on the practical considerations of the election to defer compensation allowed by Section 83(i) of the Internal Revenue Code of 1986, as amended, it has become clearer that...more

Summary Plan Descriptions Required for All ERISA Retirement, Health and Welfare Plans

• Administrators of all employee benefit plans subject to the Employee Retirement Income Security Act of 1974 (ERISA) should ensure their plans' compliance with ERISA's Summary Plan Description (SPD) requirement. •...more

IRS Issues Supplemental Guidance on Deferred Compensation Plans

The Internal Revenue Service (IRS) on June 21, 2016, published long-awaited proposed rules on nonqualified deferred compensation plans under Section 409A of the Internal Revenue Code of 1986, as amended (Section 409A). These...more

Pension Plan Withdrawal Liability Imposed on Investor Private Equity Funds

The latest decision in the series of Sun Capital cases was released on March 28, 2016, by the U.S. District Court for the District of Massachusetts. In Sun Capital Partners III, LP v. New England Teamsters & Trucking Indus....more

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