Four B&K attorneys have been selected to the 2017-2018 edition of The Best Lawyers in America. Selection to Best Lawyers is based on an exhaustive and rigorous peer-review survey comprising nearly 4 million confidential evaluations by the top attorneys in the country...
On August 18, 2016, Dan Brice presented an International Foundation webcast addressing recent developments involving the Mental Health Parity and Addiction Equity Act.
Attached is Kelly Cook’s paralegal profile, which will be included in the “7th edition of The Law of Corporations and Other Business Organization” textbook. This textbook is often used as core material in many paralegal courses. Read Kelly’s full profile here: Kelly Cook Paralegal Profile – February 2016
The New York attorney general’s office and the U.S. Department of Labor Employee Benefit Security Administration (“EBSA”) recently announced that they have entered into an agreement to work together on enforcement of the Employee Retirement Income Security Act and state laws governing health insurance plans. The arrangement will help cover enforcement gaps in state and […]
Legal Considerations When Engaging an Investment Professional for a Participant-Directed Defined Contribution Plan
By Jonathan M. Cerrito & Michael R. Daum This is the third in a series of articles about legal considerations under ERISA for pension plan fiduciaries in selecting and monitoring investment professionals to assist with the investment of plan assets. Much has been made about the shift in the retirement landscape away from defined benefit […]
Considerations for Defined Benefit Plan Fiduciaries Who Hire Nondiscretionary Investment Consultants
This is the second in a series of articles about legal considerations under ERISA for pension plan fiduciaries in selecting and monitoring investment professionals to assist with the investment of plan assets. Although there are a multitude of general differences between a defined benefit pension plan and a defined contribution pension plan where participants don’t […]
This is the first in a series of articles about legal considerations under ERISA for pension plan fiduciaries in selecting and monitoring investment professionals to assist with the investment of plan assets. The prudent investment of plan assets is one of the most basic duties facing pension plan fiduciaries under the Employee Retirement Income Security […]
The use of Executive Retention Agreements (“Agreement” or “Agreements”) generally occurs in two broad situations. First, the agreement is a reward in recognition of the executive’s significant contribution to the creation of value and leadership within the company. Alternatively, an executive may know or suspect their employer is going to be acquired or their employment security is in danger for another reason outside of the executive’s control.
Executives of Nonprofits and Tax-Exempts Under ScrutinyUnlawful Terminations and the Impact of Recent Court Decisions | Employment Law
The Internal Revenue Service and other governmental agencies are scrutinizing the pay practices of nonprofit organizations. Specifically, federal and state initiatives, trends and best practices are placing nonprofit organizations under pressure to disclose and justify the executive compensation programs. It is particularly important that executives of nonprofit organizations have their contracts for executive compensation reviewed […]
The National Labor Relations Board (Board or NLRB) has long held that the purported waiver of a party's statutory rights under the National Labor Relations Act (Act) is effective if and only if the relinquishment was "clear and unmistakable."