Blog Post
Published 01/17/2013
Alert
Published 01/16/2013
On January 7, 2013, the Office of the Comptroller of the Currency (OCC) and the U.S. Federal Reserve Board announced an $8.5 Billion settlement with 10 of the nation's top residential loan servicers ending independent foreclosure reviews mandated by enforcement actions. Yesterday, Fitch Ratings reported its belief that the settlement is positive for those companies "as it is an end to the foreclosure review proceedings and will allow for a refocus on … completing other initiatives required by the various regulators, as well as to reassign internal staff that have been involved with the...
Alert
Published 01/15/2013
Services Mergers and Acquisitions
Summary The Federal Trade Commission has announced new filing threshold amounts for HSR Act Premerger Notification Filings. On January 10, 2013, the Federal Trade Commission ("FTC") announced its approval of new upwardly adjusted filing threshold amounts for Hart-Scott-Rodino Antitrust Improvements Act (the "HSR Act") Premerger Notification filings. The newly adjusted threshold amounts are effective beginning February 11, 2013 (the "Effective Date"). The threshold amounts for 2013 will be upwardly adjusted from the 2012 amounts as follows: Size of the Transaction — From $68.2 million to $70.9...
Article
Published 01/11/2013
By Robert H. Louis
Services Business Succession Planning | Corporate Governance | Estate Planning and Administration | Family Business | Labor and Employment | Personal Wealth Estates and Trusts | Retirement Planning | Employee Benefits and Executive Compensation
Robert H. Louis, a partner and co-chair of the Personal Wealth, Estates and Trusts Practice, wrote this article that explores the use of nonqualified deferred compensation plans as an incentive for corporate executives to achieve business growth and remain loyal employees, particularly for non-family managers in family-owned businesses. The article explains how to use these plans as an alternative to giving these types of employees an ownership stake in the business, but cautions that care must be taken in payout methods to ensure compliance with tax laws. Nonqualified deferred compensation...
Alert
Published 01/11/2013
Industries Insurance
Services Corporate Governance
Alert
Published 01/10/2013
Industries Health Care
Summary "Fiscal cliff" deal fails to provide permanent solution to flaw in Medicare physician reimbursement formula; merely postpones inevitable battles over health care spending between Congress and the White House. In the first days of 2013, Congress approved and the President signed the American Taxpayer Relief Act of 2012 ("ATRA") to avoid the dreaded consequences of the so-called "fiscal cliff." From a health care perspective, legislators followed a now well-known pattern of using a broader bill to establish yet another temporary fix for Medicare's sustainable growth rate ("SGR") formula...
Article
Published 01/09/2013
By Thomas P. Conley
Industries Health Care | Higher Education
Co-author of the professional and medical corporation chapter
Blog Post
Published 01/09/2013
Article
Published 01/08/2013
By Eugene J. Geekie, Jr.
Services Bankruptcy and Restructuring
Article
Published 01/08/2013
By Eugene J. Geekie, Jr.
Services Bankruptcy and Restructuring
Alert
Published 01/08/2013
Industries Financial Services
Summary Federal District Court rejects the application of New Jersey state law prohibiting private cause of action under Telephone Consumer Protection Act ("TCPA") by concluding that the prohibition does not apply when TCPA claim is brought in federal district court pursuant to FRCP, Rule 23. On December 14, 2012, Judge William J. Martini, United States District Judge for the District of New Jersey, rejected Defendants' (as defined below) motion to deny class certification to the Plaintiffs (as defined below). In these consolidated cases, Afgo Mechanical Services, Banco Santander, S.A.,...
Article
Published 01/07/2013
Services Bankruptcy and Restructuring
Arnstein & Lehr Chicago Partner Barry A. Chatz and Associate Kevin H. Morse have coauthored another article for Thomson Reuters News & Insight, published on the Bankruptcy Law page on December 17. The article, titled “A step inside consumer bankruptcy,” examines issues affecting the administration of consumer bankruptcy cases and how the law is being applied in the consumer Chapter 7 and 13 contexts. Mr. Chatz and Mr. Morse comment on three issues: the retrieval of a debtor’s towed vehicle without having to pay the towing fee or for the bankruptcy filing; difficulties faced by Chapter...
Article
Published 01/07/2013
Services Labor and Employment
Jesse Dill
Blog Post
Published 01/07/2013
Blog Post
Published 01/07/2013
Blog Post
Published 01/07/2013