Jackie Sinn

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Same-Sex Partner Benefits: Now What?


By on Aug 13, 2013
Posted In Health and Welfare Plans

Please join McDermott Will & Emery partner, Todd Solomon, at a Worldwide Employee Benefits (WEB) Network Chicago Chapter event that will cover recent developments in same-sex partner benefits. A much-anticipated Supreme Court ruling overturned a key part of the federal Defense of Marriage Act, or DOMA. That much is clear. What is less clear is what...

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Supreme Court Rules on DOMA and California’s Proposition 8


By on Jun 26, 2013
Posted In Benefit Controversies

by Joseph Adams, Todd Solomon and Brian Tiemann Earlier this morning, in the case of U.S. v. Windsor, the Supreme Court of the United States found Section 3 of the Defense of Marriage Act (DOMA) to be unconstitutional. In a 5-4 decision authored by Justice Kennedy, the Court ruled that Section 3 of DOMA deprived...

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Proposed ACA Regulations on Transitional Reinsurance Program Premiums and Potential Effects for Employer-Sponsored Group Health Plans


By on Dec 31, 2012
Posted In Health and Welfare Plans

by Amy M. Gordon, Jacob Mattinson and Susan M. Nash As part of the Patient Protection and Affordable Care Act (ACA), the U.S. Department of Health and Human Services (HHS) recently released proposed regulations regarding the estimated amount of annual contributions that are required to be paid to HHS from employer-sponsored group health plans to...

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New Guidance on Affordable Care Act Provisions Issued


By on Sep 4, 2012
Posted In Health and Welfare Plans

by Amy Gordon, Susan Nash, Maureen O’Brien Recent guidance issued by the Departments of Health and Human Services and Labor and the Internal Revenue Service clarifies health care reform rules regarding waiting periods and the definition of full-time employee for purposes of the employer requirement to provide health care coverage beginning in 2014.   The Internal Revenue...

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Conflicting Developments in Same-Sex Marriage Laws Add Complexity for Benefit Plan Sponsors


By on Mar 15, 2012
Posted In Benefit Controversies

by Joe Adams, Brett Johnson, Todd Solomon and Brian Tiemann Developments in state same-sex marriage laws have added complexity to the options and obligations of employers providing benefits for employees’ same-sex spouses and partners.  These conflicting developments—some legalizing same-sex marriage and others restricting marriage to an opposite-sex union—are occurring at an increasingly rapid pace.  Further...

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Acting General Counsel of the NLRB Issues Second Report on Social Media


By on Jan 27, 2012
Posted In Employment, Labor, Privacy and Data Security

by Heather Egan Sussman, Linda Doyle and Sabrina Dunlap On Wednesday, January 25, 2012, National Labor Relations Board (NLRB) acting General Counsel Lafe Solomon released a second report describing social media cases reviewed by his office. The report (Operations Management Memo) addresses 14 cases related to social media and employer social media policies.  Many of the...

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Not Just a Tax Issue: Lawsuits Crop Up over IRS 162(m)


By on Jan 26, 2012
Posted In Benefit Controversies, Executive Compensation

by Andrew Liazos Proxy season is now upon us, and a key task is to evaluate whether shareholder approval is needed for any executive compensation plan. One of the typical reasons to seek shareholder approval is to qualify for tax-deduction relief under Section 162(m) of the Internal Revenue Code. By and large, seeking shareholder approval...

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Massachusetts Wage Act: New Warning to Employers Everywhere


By on Oct 31, 2011
Posted In Employment

by Andrew Liazos, Heather Egan Sussman and Sabrina Dunlap Massachusetts Wage Act May Extend to Employees Living and Working Elsewhere — Out-of-State Employees May Sue Officers Personally for Mandatory Triple Damages, Attorneys Fees and Costs A Massachusetts Superior Court judge recently extended the reach of the Massachusetts Wage Act – including its provisions for officer liability,...

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French Supreme Court Rule For Change Of Control Clause In Management Employment Contracts


By on Jul 8, 2011
Posted In Employment

by Jilali Maazouz and Sébastien Le Coeur As of 26 January 2011, the French Supreme Court ruled that the change of control clauses in French executive-level employment contracts are valid, a consideration which international companies contemplating the acquisition of a company in the country need to consider.  The control clause is also valid for both...

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The French Supreme Court Decides that Employees with Jobs at Risk Take Precedence


By on Jul 7, 2011
Posted In Employment

by Jilali Maazouz and Sébastien Le Coeur Under French law, an employee can only be dismissed on economic grounds when all efforts have been well documented to redeploy him or her in an alternative position within a company. On 7 April 2004, the French Supreme Court concluded that an employee facing economic dismissal has priority...

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