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Recent Legislation May Impact Offshore Hedge Fund Deferral Arrangements: Congress enacted Section 409A of the Internal Revenue Code as part of the American Jobs Creation Act of 2004 to restrict certain deferred compensation arrangements. The Internal Revenue Service IRS issued Notice 2005-1, 2005-2 IRB 274, clarifying certain aspects of the statute, and additional guidance is expected throughout 2005. Although...; Tags: Investment, Financial services, statute, hedge fund, Internal Revenue Code, hedge fund manager, compensation, incentive; White papers 2005-02-22
Responsible Gaming Statutes and Regulations: This paper contains a compilation of statutes and regulations in the 11 commercial casino states regarding responsible gaming as of December 2003. The content is divided into seven general categories. Alcohol Service, Credit/Cash Access, Funding/Revenue Sharing treatment funding, Miscellaneous (loss limits/limited stakes, direct mail/marketing), Self-exclusion, Signage/HelpLine/Advertising, Training/Education.; Tags: Games, Regulations, American Gaming Association, statute, regulation, game; White papers 2004-01-20
Business & Securities Litigator: Vol. 14 No. 13: This issue consits of article on recent decisions narrowly construing the application of the new statute of limitations provision of Sarbanes-Oxley, director independence standards - the new SEC, NYSE and NASD rules and court of appeals holds that membership interest in limited liability company is not a “security” is included...; Tags: statute, Sarbanes-Oxley Act, security; White papers 2003-12-01
A Glimmer of Hope for California Employers in New Workers' Compensation Decision: California Labor Code Section 132a is a fairly straightforward statute which contains the unsurprising requirement that employers cannot discriminate against an employee because the employee has filed a workers' compensation claim. Unfortunately for employers, a series of court decisions and decisions before the Workers' Compensation Appeals Board appear to broaden...; Tags: Benefits, Winthrop University, statute, compensation, worker; White papers 2003-11-14
COBRA Continuation Coverage Requirements: COBRA was adopted in late 1985 as both a part of ERISA and the Internal Revenue Code. The IRS was assigned responsibility for adopting regulations on the coverage provisions of the statute, and the DOL was given responsibility for reporting and disclosure rules (i.e., the notices required). Despite the fact...; Tags: Regulations, Reed Elsevier Inc., Internal Revenue Service, statute, regulation, Internal Revenue Code, ERISA, compliance, health care; White papers 2003-07-23

Arizona's Victim Leave Law: This article will discuss the new "leave rights" this bill created for employees. The law is mainly contained in A.R.S. § 8-420 and A.R.S. §13-4439, but its references reach across many other laws, including the Employment Protection Act. The law does not specifically provide a remedy to an employee who...; Tags: Workforce management, Reed Elsevier Inc., statute, termination; White papers 2003-06-03
An Overview of United States Copyright Law: A copyright is the legal right to control specific uses of art, books, music, motion pictures, and many other kinds of creative material. Copyright is granted by law in most countries and in the United States by a federal statute called The Copyright Act of 1976. This statute governs who...; Tags: statute, U.S.; White papers 2003-01-01
Mergers And Acquisitions: WARN And The NLRA: From the executive summary: ‘Many employment-related issues demand attention during the course of planning and implementing an M&A transaction, including several statutes that can complicate the transaction. Fortunately, the effects of these statutes can be easily managed with proper planning and foresight.’ The paper examines this issue. In this context,...; Tags: Mergers & Acquisitions, statute, M&A, worker; White papers 2003-01-01
Am I My Company’s Alter Ego? Theories Of Alternative Liability For Debts To The Medicare Program: This article is about the government’s focus on recovering improperly paid Medicare funds which has emphasized the use of the civil False Claims Act statute and with less frequency criminal statutes relating to false claims and statements. The reported cases included in the article are important because they confirm the...; Tags: HEALTHCARE, Reed Elsevier Inc., statute, Medicare, theory, government, supplier; White papers 2003-01-01
Legislative Update 2003: Changes Involving Texas Business Organizations Statutes: The 78th Texas Legislature passed many bills affecting business law and business organizations during its regular session in 2003. The following discussion summarizes the primary bills that were passed in the 2003 Texas Legislature relating to business organizations. As a caveat, other bills may exist that affect business organizations or...; Tags: business organization, partnership; White papers 2003-01-01
Sarbanes – Oxley: Better Listen To The Whistleblower!: From the executive summary: ‘While numerous federal and state statutes provide notice to offenders that their conduct is improper and subjects the offender to fines and criminal sanctions, whistleblower statutes also provide a system to protect those individuals who report wrongful conduct to authorities. In recent years, whistleblowers not only...; Tags: Sarbanes-Oxley, conduct, SEC, Sarbanes-Oxley compliance, Sarbanes-Oxley Act; White papers 2003-01-01
Sarbanes-Oxley Act Interpretive Issues Under 402 ? Prohibition Of Certain Insider Loans: Section 402 of the Sarbanes-Oxley Act of 2002 was enacted to prohibit publicly traded companies from providing personal loans to directors and executive officers. Among the reasons identified were concerns over the use of company funds to provide personal financing to insiders. This involves determining which arrangements should be considered...; Tags: Sarbanes-Oxley, Regulatory compliance, Regulations, Latham & Watkins, statute, Sarbanes-Oxley Act, financing; White papers 2003-01-01
Employment Implications Of Sarbanes-Oxley After Enron, Global Crossing And Worldcom: From the executive summary: ‘The Sarbanes-Oxley Act establishes federal whistleblower protection for employees of covered companies. The legislation creates a web of complementary provisions designed to protect and encourage whistleblowers and to prevent retaliation against them. The statute requires public companies to adopt a code of business ethics and to...; Tags: Sarbanes-Oxley, Regulatory compliance, Regulations, Sarbanes-Oxley Act, business ethics, Web; White papers 2003-01-01
Labor & Employment Law Update: On April 29, 2002, a divided United States Supreme Court held that employers are entitled to a rebut table presumption that a disabled employee's accommodation request under the ADA is unreasonable if it conflicts with the job assignment rules of an employer's seniority system. Under the ADA, employers may not...; Tags: Americans with Disabilities Act (ADA), Reed Elsevier Inc., Americans with Disabilities Act, accommodation, disability, job; White papers 2003-01-01
Legislative History As Evidence Of Legislative Intent In North Carolina: The article presents a likely scenario that may come up in a litigation matter. An opposing counsel argues that a North Carolina statute stands for a certain proposition. There are no cases discussing this statute and the statute is ambiguous on its face. The topics of "legislative intent" and "legislative...; Tags: statute, North Carolina, litigation, commission, Internet; White papers 2002-12-03
Circuits on Who Can Prosecute Estate Avoidance Claims II: In Cybergenics, the Third Circuit read Hartford Insurance to compel the conclusion that Bankruptcy Code §544b similarly authorizes only a trustee or Chapter 11 debtor-in-possession to act within the parameters of the statute. Acknowledging that “the facts of Hartford Underwriters did not present the [same] issue,” the Court of Appeals...; Tags: Jones Day, statute; White papers 2002-11-21
Interpretive Issues Under Section 402 of the Sarbanes-Oxley Act of 2002: This outline describes a variety of interpretive issues addressed under Section 402 of the Sarbanes-Oxley Act of 2002. Section 402 of the Sarbanes-Oxley Act of 2002 was enacted to prohibit publicly traded companies from providing personal loans to directors and executive officers. Among the reasons identified were concerns over the...; Tags: Sarbanes-Oxley, Regulatory compliance, Regulations, Sarbanes-Oxley Act, statute, practitioner, financing, compliance; White papers 2002-10-17
Understanding And Selecting The Best Conversion Or Merger Approach For Pass-Through Entities: The purpose of this article is to provide a practical summary of the tax and non-tax issues involving the transformation of pass through entities and to suggest a simple analytical approach for resolving those issues. It further discusses and analyzes regarding the so-called “junction box” statutes that are now appearing...; Tags: Mergers & Acquisitions, statute, merger, tax; White papers 2002-10-01
Required Dispute Resolution Is Expanded for Construction Defect Suits by California Homeowners Associations: This article explains about the dispute resolution procedure. It states that dispute resolution procedure must be followed before a California homeowners association can file a complaint for damages against a builder, developer or general contractor based on a claim for defects in the design or construction of a project. Under...; Tags: defect, statute, California, survey; White papers 2002-07-08
Labor Law for Supervisors: Protection for the Ethical Employee - Part III, Whistleblower Statutes: Although common law wrongful discharge claims may text of any number of statutes that create public policy issues for the courts because of the specific problems the statutes are designed to remedy. Whistleblower statutes, on the other hand, specifically provide protection for an employee who has been retaliated against in...; Tags: Gale Group, statute, supervisor; White papers 2002-07-01