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Archive by tag: McDermott Will & EmeryReturn

Ninth Circuit Decides Not to Rehear Its Decision Requiring Arbitration of ERISA Claims

As we wrote in a previous On the Subject, the Ninth Circuit Court of Appeals had signaled that it might rehear its August 2019 decisions in Dorman v. The Charles Schwab Corp., in which the Court compelled arbitration of ERISA class-action claims...By: McDermott Will & Emery
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McDermott Will & Emery | Dec 12,2019 |

DOL and IRS Expand Access to Multiple Employer Plans and Propose to Eliminate the ‘One Bad Apple’ Rule

Recently, the Department of Labor (DOL) published final rules clarifying the circumstances under which “bona fide” groups or associations of employers and professional employer organizations (PEOs) may be permitted to sponsor single defined...By: McDermott Will & Emery
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McDermott Will & Emery | Dec 12,2019 |

Frozen 2: IRS Expands Nondiscrimination Relief for Frozen Defined Benefit Pension Plans

The Internal Revenue Service (IRS) expanded the temporary relief for frozen defined benefit plans to include nondiscrimination requirements relating to benefits, rights and features, available for plan years beginning before 2021. The expanded relief...By: McDermott Will & Emery
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McDermott Will & Emery | Dec 10,2019 |

Transfer of “Know-How” Includes Copyrights

The US Court of Appeals for the Sixth Circuit vacated the district court’s dismissal of trademark and false advertising claims and grant of summary judgment on a copyright claim. Evoqua Water Technologies, LLC v. M.W. Watermark, LLC; Michael Gethin,...By: McDermott Will & Emery
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McDermott Will & Emery | Dec 06,2019 |

Finally! First Circuit Overturns the Sun Capital ERISA Multiemployer Plan Liability Case—But Risks Remain for Private Equity

The First Circuit issued a decision holding that two private equity funds involved in a case are not required to pay for the withdrawal limit of a portfolio company. Despite the limited victory, the guiding rule with respect to defined benefit plan...By: McDermott Will & Emery
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McDermott Will & Emery | Dec 04,2019 |

Deutsche Industriepolitik: Beschränkung der Eigentumsfreiheit unter dem Deckmantel der „Technologischen Souveränität“?

Am 29. November 2019 hat Bundeswirtschaftsminister Peter Altmaier mit seiner überabeiteten „Industriestrategie 2030“ seine angedachten Leitlinien für die zukünftige deutsche und europäische Industriepolitik der Öffentlichkeit vorgelegt. Hauptanliegen...By: McDermott Will & Emery
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McDermott Will & Emery | Dec 04,2019 |

Weekly IRS Roundup November 25 – 29, 2019

Presented below is our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the week of November 25 – 29, 2019. November 26, 2019: The IRS issued a News Release regarding a Revenue Procedure that updates the...By: McDermott Will & Emery
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McDermott Will & Emery | Dec 03,2019 |

UK Tax Changes Shift Worker Classification Burden to Clients

The UK Government has con?rmed that it will extend to the private sector tax rules designed to target tax avoidance by contractors who operate through an intermediary personal service company (PSC). The UK Government has announced that new...By: McDermott Will & Emery
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McDermott Will & Emery | Nov 27,2019 |

Antitrust M&A Snapshot - November 2019

United States: July - September 2019 Update - The Federal Trade Commission (FTC) and Department of Justice (DOJ) continue an active docket challenging M&A transactions. DOJ is resolving antitrust reviews significantly faster than the FTC, following...By: McDermott Will & Emery
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McDermott Will & Emery | Nov 27,2019 |

Delaware Opens the Door to Third-Party Beneficiaries

Based on a recent Delaware Chancery Court decision, parties outside of a transaction—not just the buyer or seller—may be able to enforce continuing employment provisions in a purchase agreement. This decision shows that a third party can successfully...By: McDermott Will & Emery
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McDermott Will & Emery | Nov 19,2019 |
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