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29 Matching News Items

1.  Akin Gump Link to more items from this source
Nov. 8, 2022
"Given that incentive-based compensation is widely used as part of long-term compensation design, a substantial number of issuers will be affected by the final rules.... Under the final rules, the clawback requirement is a bright-line: Recovery is required if the issuer is required to prepare an accounting restatement due to material noncompliance with financial reporting requirements, regardless of any fault or wrongdoing of the executive officer for the accounting errors."
2.  Akin Gump Link to more items from this source
Sept. 26, 2022
"While several bills circulating through Congress would extend telehealth benefits more permanently, the House and Senate have yet to reach a consensus agreement about moving forward. In this Alert, [the authors] review the current telehealth flexibilities in place during the [public health emergency], outline the advocacy and policy considerations presently swirling around this service, and explore the various bills in Congress and the likelihood of their being signed into law."
3.  Akin Gump Link to more items from this source
July 29, 2022
"For the first time, the DOL would require notice to it of investment managers relying upon the QPAM Exemption. Presumably the intent of this notice is to enhance the ability of the DOL to audit managers regarding ERISA compliance. In the preamble to the proposed amendment, the DOL stated its intention to compile a list of investment managers relying upon the QPAM Exemption on its publicly available website."
4.  Akin Gump Link to more items from this source
Mar. 1, 2022
"This alert will discuss administration and congressional action on SUD and mental health policies and identify key policy areas to watch over the next year.... Issues to watch ... [2] Telehealth expansion ... [2] Mental health parity ... [3] Substance use disorder ... [4] Youth mental health."
5.  Akin Gump Link to more items from this source
Oct. 24, 2021
"If adopted, the proposed regulation would be a radical departure from the existing regulations inasmuch as ERISA fiduciaries would effectively be required to factor in ESG considerations in their investment decisions."
6.  Akin Gump Link to more items from this source
Oct. 5, 2021
"According to the 6th Circuit, a withdrawal liability interest rate that does not take into account the anticipated experience of the [multiemployer plan's (MEP's)] actual investment portfolio violates ERISA's mandate that the interest rate be based on the anticipated experience under the plan. It is virtually impossible to argue that the PBGC rate takes into account a MEP's investment portfolio or anticipated experience[.]" [Sofco Erectors, Inc. v. Trustees of Ohio Operating Engineers Pension Fund, No. 20-3639 (6th Cir. Sept. 28, 2021)]
7.  Akin Gump Link to more items from this source
July 12, 2021
"One predominant issue that the ARPA and the IFR do not address ... is what will happen to eligible plans after 2051 ... PBGC's guidance makes clear that the [special financial assistance (SFA)] only provides assistance in the amount necessary to ensure that eligible [multiemployer plans] are able to pay benefits through 2051 ... [S]takeholders will need to consider the future viability of [plans] that receive SFA and the likelihood of a post-2051 insolvency."
8.  Akin Gump in Employee Benefit Plan Review Link to more items from this source
June 15, 2021
"The potential impact of the White decision on employers with large reservist workforces is significant, as the denial of paid leave is a prime candidate for class action treatment." [White v. United Airlines, Inc., No. 19-2546 (7th Cir. Feb. 3, 2021)]
9.  Akin Gump Link to more items from this source
May 9, 2021
"The recent literature makes clear that in DOL's view, retirement plan fiduciaries are obligated to ensure the proper mitigation of cybersecurity risks, and the guidance provides helpful data points for plan record-keepers and service providers to protect plan data."
10.  Akin Gump Link to more items from this source
Feb. 12, 2021
"[The court] held that USERRA requires employers to provide short-term paid military leave, if they provide paid leave for comparable non-military absences, such as for jury duty or bereavement leave.... The potential impact of [this] decision on employers with large reservist workforces is significant, as the denial of paid leave is a prime candidate for class action treatment." [White v. United Airlines, Inc., No. 19-2546 (7th Cir. Feb. 3, 2021)]
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