A Texas federal court certified a class in an ERISA action brought by participants in one plan, but alleging class claims on behalf of participants in many different plans sponsored by different, unaffiliated employers. See Chavez, et al. v. Plan...By: McDermott Will & Emery
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In two opinions—one published and one unpublished—the Ninth Circuit overturned prior precedent and held that a Plan amendment requiring arbitration meant that an individual had to arbitrate, on an individual basis, purported class claims alleging...By: McDermott Will & Emery
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Join us for what promises to be an excellent event at McDermott's 9th annual Munich Cross-Border M&A and Private Equity Investment Conference (MuMAC). We will be welcoming key players from the mergers and acquisitions market, representatives of...By: McDermott Will & Emery
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The US agencies continue to be aggressive and have blocked transactions or required significant remedies during the second quarter. The agencies cleared three mergers where divestitures were required. In the face of Federal Trade Commission (FTC) or...By: McDermott Will & Emery
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Presented below is our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the week of August 19 – 23, 2019. August 20, 2019: The IRS released a proposed regulation that provides corrections to proposed rules...By: McDermott Will & Emery
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Beginning September 1, 2019, the IRS is expanding its retirement plan determination letter program to apply to certain individually designed statutory hybrid and merged plans. Employers sponsoring hybrid plans not previously reviewed by the IRS for...By: McDermott Will & Emery
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A Third Circuit appeals panel upheld the lower court ruling in Commonwealth of Pennsylvania v. President United States of America et al. No. 17-3752. This ruling grants a nationwide preliminary injunction against the religious and moral exemptions...By: McDermott Will & Emery
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In-house counsel and human resources professionals at tax-exempt colleges and universities often face a variety of challenges when structuring, and determining obligations due under, severance arrangements. There are some key considerations to bear...By: McDermott Will & Emery
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In the past few years, several states and localities have passed paid sick leave laws. These laws generally require employers to offer workers paid sick leave due to illness or injury, domestic or sexual assault, or care of a family member....By: McDermott Will & Emery
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The Third District of the Texas Court of Appeals held that an action by an employer against a former employee for breach of contract and trade secret misappropriation fell within the commercial speech exemption of the Texas Citizens Participation Act...By: McDermott Will & Emery
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