Learn more about the problems that can arise during C-suite investigations of executives. Routine and typical questions, such as who is the client, who has a need to know, how to protect privilege, and how best to close the investigation, can quickly present atypical...
Starting in 2025, mandatory automatic enrollment is the rule for new 401(k) and 403(b) plans, as provided under the SECURE 2.0 Act of 2022 ( Div. T of Pub. L. No. 117-328 ). The rule applies to plans established after December 28, 2022, which will need to offer...
Insider trading is generally prohibited—and can have serious consequences. But Rule 10b5-1 of the Securities Exchange Act of 1934 includes an affirmative defense that allows companies and their insiders to buy and sell stock if they adopt good-faith trading...
Do companies you advise have restrictive covenants, non-solicitation, or change-of-control terms in their executive employment agreements? If so, ensure your terms are market standard with analysis from recent Employment Agreements in Market Standards. Market Standards...
Executives will terminate employment, like any other employee, but compensation and benefits issues to consider in connection with the termination of executive-level employees often require more work from Human Resources in managing the terms of the termination...
The Department of Health and Human Services (HHS) is planning for the federal Public Health Emergency for COVID-19, declared under Section 319 of the Public Health Service Act, to expire on May 11, 2023. Fact Sheet: COVID-19 Public Health Emergency Transition Roadmap...
Want to hear the latest on the Federal Trade Commission’s (FTC) proposal to eliminate virtually all uses of non-compete agreements between employers and workers? Check-out our new podcast practice note, which includes Law360’s Pro Say series podcast...
Put down the books and listen to our Practical Guidance podcasts and curated Law360 podcasts, conveniently available in one place: the Practical Guidance and Law360 Podcasts Resource Kit. Enjoy! Listen now » Related Content The Looming Battle over...
As reported in previous newsletters, the SECURE 2.0 Act (SECURE 2.0) provisions of the Consolidated Appropriations Act, 2023 ( Pub. L. No. 117-328 ), made numerous changes to retirement plans. Most of the changes are to the Internal Revenue Code, but there also...
For plan years beginning in 2024, individual account plans, like 401(k) and 403(b) plans, can offer non-highly compensated employees the opportunity to contribute to a short-term savings account (called a “pension-linked emergency savings account”)...
Raising cash for the Fed, SECURE 2.0 offers two opportunities for plan contributions to be immediately taxed and characterized as designated Roth contributions to the plan. First, effective for tax years beginning after 2023, all employee catch-up contributions...
With increased catchups, increased cash-outs, the ability to match qualifying student loan repayments, and permit emergency withdrawals, among other changes, some effective sooner and some later, there’s something for everyone in the SECURE 2.0 Act, which...
The new DOL rule on Environmental, Social, and Governance (ESG) investing and proxy voting removes the cumbersome weights that the prior rule imposed in considering ESG factors when selecting or monitoring plan investments. Plus, it’s a good thing that most...
Practical Guidance continuously adds new documents to Market Standards , a searchable database of publicly filed employment agreements that enables users to search, compare, and analyze over 5,900 executive employment agreements using 75 detailed deal points. Below...