Executive Compensation Archives | Page 10 of 27

2017 Farewell (Or, What Am I Forgetting This Year-End?)

by McDermott Will & Schulte | Oct 25, 2017 | Employee Benefits, Employment, Executive Compensation, Health and Welfare Plans, Retirement Plans

With only two months left in the year, it’s time to make sure your-end tickler list is complete! Join us for a roundtable discussion with McDermott partners Judith Wethall, Finn Pressly, Andrew Liazos, Diane Morgenthaler and Jeff Holdvogt which will cover the employee benefit issues you’ll need to cross off your list before Year’s Eve.

Register here.

Date
Friday, November 3, 2017

Time
10:00 – 10:45 am PDT
11:00 – 11:45 am MDT
12:00 – 12:45 pm CDT
1:00 – 1:45 pm EDT

Mark your calendars for the first Friday of the Month! McDermott’s Employee Benefits Group will be delivering timely topics in our “Fridays With Benefits” monthly webinar series.

Internal Revenue Service Updates Golden Parachute Payments Audit Technique Guide, Signaling Key Items IRS May Review on Audit

by Andrew Liazos, Joseph K. Urwitz and McDermott Will & Emery | Aug 24, 2017 | Employee Benefits, Executive Compensation

In early 2017, the IRS updated its Golden Parachute Payments Audit Technique Guide for the first time since its 2005 issuance. While intended as an internal reference for IRS agents conducting golden parachute examinations, the Audit Technique Guide offers valuable insight for both public and private companies, and recipients of golden parachute payments, into how IRS agents are likely to approach golden parachutes when conducting an audit.

District Court Dismisses Shareholder Claim That Equity Award Share Withholding Triggers Section 16(b) Liability

by Andrew Liazos | Aug 22, 2017 | Employee Benefits, Executive Compensation

A United States District Court recently dismissed a claim that an insider’s election to satisfy an income tax obligation by having shares withheld from the delivery of an award constituted a non-exempt sale of shares back to the issuer for purposes of Section 16(b) of the Securities Exchange Act of 1934 ( Exchange Act), unless the share withholding was required, rather than merely permitted. While an encouraging development, this decision is now on appeal to the Fifth Circuit and there are similar unresolved complaints in other jurisdictions. Until this matter is resolved, public companies should continue to consider what steps are appropriate to avoid Section 16 exposure and to review this situation with their executive officers.

As Federal Progress Stalls, State, Local and Private Initiatives March Towards Pay Equity

by McDermott Will & Emery and Evan A. Belosa | Aug 10, 2017 | Employee Benefits, Employment, Executive Compensation, Labor

Pay equity, the concept that gender differences should not affect compensation, is a concept easy to support, yet has been stubbornly hard to achieve. Federal law has become calcified in addressing the stubborn pay gap between men and women. State and local initiatives, along with private actors, have increasingly taken steps in the past year to address pay equity.

Adding Value to Your Organization: Benefits Best Practices to Avoid Common Mistakes

by McDermott Will & Emery and Jacob Mattinson | Jul 20, 2017 | Employee Benefits, Executive Compensation, Health and Welfare Plans, Retirement Plans

In a recent webinar, Jake Mattinson and Sarah Raaii discussed the practices that benefits professionals can adopt to add value to their organizations and avoid common mistakes. Jake and Sarah discussed recommended practices for ERISA benefit claims and inquiries, how to review plan compensation definitions and payroll codes, best practices for corrections using the Voluntary Fiduciary Correction Program (VFCP), and the importance of document retention. The webinar is part of the larger Benefits Emerging Leaders Working Group, a group that meets to discuss key benefit issues and trends and provides networking opportunities aimed at connecting tomorrow’s benefit leaders with a broad network of professionals.

View the full presentation.

M&A Webinar Series Part II: The Due Diligence Process

by Andrew Liazos | Jul 13, 2017 | Employee Benefits, Executive Compensation, Health and Welfare Plans, Retirement Plans

There are many different types of mergers and acquisitions (M&A) transactions, making it very important to understand the overall deal structure and process. Andrew C. Liazos presented “Mergers and Acquisitions Webinar Series Part 2: The Due Diligence Process” for the CLE Program as part of the ABA Joint Committee on Employee Benefits and the American College of Employee Benefits Counsel. He discussed the overall architecture of a deal, including the parties involved, what drives the deal structure, where to get data, price negotiations and more. The presentation focused on specific M&A areas including pension, other retirement and executive benefits.

View the full presentation.

Proposed Changes to § 409a Regulations: Greater Clarity and Better Planning Alternatives

by Andrew Liazos and Allison Wilkerson | Jun 22, 2017 | Employee Benefits, Executive Compensation

Andrew Liazos and Allison Wilkerson wrote this bylined article on Tax Code Section 409A’s deferral and payment requirements for nonqualified deferred compensation plans. Recent IRS Section 409A guidance makes “several helpful changes that employers will want to consider and take advantage of,” the authors wrote, and they warned employers that they ignore final IRS “at their peril…in light of the more limited ability to correct errors.”

Read the full article.

Originally published in The Practical Tax Lawyer, Spring 2017

District Court Dismisses Shareholder Claim that Equity Award Share Withholding Triggers Section 16(b) Liability

by Andrew Liazos, Eric Orsic and Thomas P. Conaghan | Jun 13, 2017 | Benefit Controversies, Employee Benefits, Employment, Executive Compensation

A US District Court recently dismissed a claim that an insider’s election to satisfy an income tax obligation by having shares withheld from the delivery of an award constituted a non-exempt sale of shares back to the issuer for purposes of Section 16(b) of the Exchange Act, unless the share withholding was required, rather than merely permitted.

While an encouraging development, this decision is now on appeal to the US Court of Appeals for the Fifth Circuit and there are similar unresolved complaints in other jurisdictions. Until this matter is resolved, public companies should continue to consider what steps are appropriate to avoid Section 16 exposure and to review this situation with their executive officers.

Read the full article.

Proposed 457(f) Regulations: Opportunities and Challenges

by McDermott Will & Emery, Joseph K. Urwitz and Mary K. Samsa | Jun 6, 2017 | Employee Benefits, Executive Compensation

The 2016 proposed regulations significantly expanded 457(f) plan sponsors’ ability to permit elective deferrals, use noncompetition agreements and make larger severance payments than otherwise permitted under 409A without immediate taxation to participants. In a recent presentation, Ruth Wimer, Mary Samsa and Joseph Urwitz discuss the surprising opportunities with respect to tax-exempt and governmental entities’ “ineligible nonqualified deferred compensation” arrangements in 2016 regulations. They also address the rules and limitations of the short-term deferral exception, the interaction of the 2016 regulations with existing regulations, other types of arrangements potentially affected, as well as best practices for employers.

View the full presentation.

What Are the New 2018 Health Savings Account Limits?

by McDermott Will & Emery | May 10, 2017 | Employee Benefits, Executive Compensation, Health and Welfare Plans

In Revenue Procedure 2017-37, 2017-21 IRB, the IRS issued the annual inflation-adjusted contribution, deductible and out-of-pocket expense limits for 2018 for HSAs. For clear comparison, we have outlined the changes from 2017 to 2018.

Read the full article.

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