11/15/2011 - Law360 Guest Article: Executory Contracts With Multiple Personalities
Rejection of a contract in bankruptcy may not always accomplish a debtor’s goal to shed ongoing contractual obligations and liabilities, especially when dealing with employee benefit plans.

11/03/2011 - Weathering the Storm: Can Executory Contracts Have Multiple Personalities? The Fifth Circuit Finds an Asset Purchase Agreement Amended an ERISA Plan
Rejection of a contract in bankruptcy may not always accomplish a debtor’s goal to shed ongoing contractual obligations and liabilities, especially when dealing with employee benefit plans. On October 13, 2011, the Fifth Circuit Court of Appeals highlighted this issue in its opinion in Evans v. Sterling Chemicals, Inc. regarding the treatment of a pre-bankruptcy asset purchase agreement which contained a provision addressing the debtor-acquiror’s post-closing ERISA retiree benefit plan obligations to its new employees resulting from the transaction.

09/01/2011 - Standing at the Crossroads of ERISA and the Railway Labor Act: Choosing the Right Track and Avoiding Collateral Damage
Just as no man is an island, no attorney can be an island by practicing in only one area of law without being aware of other laws that might overlap. Litigation frequently exposes how laws intersect or overlap as well as how a decision under one law may have consequences in another law.

07/06/2011 - The U.S. Supreme Court Addresses Application of the Fiduciary Exception to the Attorney-Client Privilege in the Trust Context
On June 13, 2011, the Supreme Court issued its opinion in United States v. Jicarilla Apache Nation, 564 U.S. ___ (2011), holding that the fiduciary exception to the attorney-client privilege does not apply to the United States government’s administration of Indian trusts.

03/04/2011 - “To Grandfather or Not to Grandfather – What Does It Really Mean?” After the Interim Final Regulations
ALI-ABA Video Webcast: Health Reform for Employers - Lessons Learned and What's Next, March 4, 2011. 

09/20/2010 - To Grandfather or Not to Grandfather - What Does It Really Mean?
Haynes and Boone Partner Greta Cowart discusses the implications on business from health care reform with the Houston West Chamber of Commerce.

08/04/2010 - The Impact of Dodd-Frank on Public Companies
Haynes and Boone has prepared a summary of significant provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act that may have consequences for public companies and their officers and directors, as well as related entities, along with commentary on those provisions.

07/20/2010 - Brief Summary of the Highlights of the Health Care Reform Interim Final Regulations on the Mandated Coverage of Preventive Care Without Cost Sharing
The U.S. Department of Health and Human Services, the U.S. Department of Labor and the Department of Treasury have released another set of interim final regulations (the “IFR”) regarding the coverage of preventive care without cost sharing.

07/14/2010 - Healthcare Reform: Is It Really Advantageous to Maintain a Grandfathered Group Health Plan?
The Patient Protection and Affordable Care Act, as amended by the Health Care and Education Reconciliation Act (together, the "Act"), popularly known as "healthcare reform," significantly alters employer and insurer responsibilities with respect to providing group health plan coverage to employees.

05/24/2010 - Health Reform: 2011 Design Considerations
Many employers are already planning revisions to their medical plans for 2011. However, under health reform, if “grandfathered plans” (generally plans with at least one participant on March 23, 2010) make changes in their benefit structure, they may lose “grandfathered” status. This article answers some of employers' most pressing questions.

05/06/2010 - Employers May Offer Coverage of Children up to Age 26 Now
Although healthcare reform does not require group health plans to provide coverage for children up to age 26, without regard to marital or student status, until the first plan year beginning on or after September 23, 2010, many insurers are now offering employers with fully insured plans the opportunity to continue the health coverage of children who would otherwise lose coverage this year. This alert describes how employers with self-insured plans also may provide such coverage to children up to age 26 before it is otherwise legally required.

04/08/2010 - Healthcare Reform: What You Need to Do Now and in the Future
This alert summarizes the major provisions of the Patient Protection and Affordable Care Act (“PPACA”) and the Health Care and Education Reconciliation Act of 2010 (together with the PPACA, the “Act”) that will impact employers and their group health plans (“GHPs”).

03/19/2010 - New Model Notices Reflect Latest Extension of COBRA Subsidy
The Department of Labor issued new model notices that reflect the most recent extension of the COBRA subsidy, which covers involuntary terminations that occur through March 31, 2010. The updated model notices are summarized in this alert.

03/12/2010 - COBRA Subsidy Extension - Déjà vu, but much more…
Once again, Congress has extended the period during which an individual must be involuntarily terminated (as defined for purposes of the COBRA subsidy, an “Invol Term”) to be eligible for the COBRA subsidy. Invol Terms occurring through March 31, 2010 will be eligible for the COBRA subsidy. This change is effective retroactively, so that those persons with an Invol Term on March 1, 2010 are still eligible for the COBRA Subsidy.

02/04/2010 - Deadline for Compliance with the HITECH Act Approaching
The Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”) makes significant changes to the privacy and security requirements of the Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”). Group health plans and other covered entities must comply with the HITECH Act by February 17, 2010.

01/29/2010 - DOL Issues Final Safe Harbor Rules for Timely Deposits of Participant Contributions and Loan Repayments
The U.S. Department of Labor (“DOL”) issued final regulations, effective January 14, 2010, that (1) clarify that the contribution timing rules apply to plan loan repayments, and (2) provide a safe harbor for depositing participant contributions (including loan repayments) to employee benefit plans with fewer than 100 participants on the first day of the plan year.

01/28/2010 - IRS Issues 409A Document Correction Program: The Six Month Payment Delay for Key Employees (second in a series)
As described in an earlier alert, the IRS has announced a document correction program covering certain failures to comply with Section 409A of the Internal Revenue Code (“Section 409A”), which contains tax rules for nonqualified deferred compensation arrangements.

01/19/2010 - Model Notices and Additional Guidance Issued on COBRA Subsidy Extension
The Department of Labor recently issued model notices for employers to use under the COBRA subsidy extension, and the Internal Revenue Service issued additional guidance for an employer claiming on its federal employment tax return (Form 941) the credit for 2009 retroactive coverage arising from the subsidy extension for those individuals who had otherwise exhausted the subsidy period.

01/13/2010 - IRS Issues 409A Document Correction Program: Immediate Action May Be Needed
The IRS has issued a Notice that describes a document correction program covering certain failures to comply with Section 409A of the Internal Revenue Code (“409A”). 409A contains tax rules for nonqualified deferred compensation arrangements. While this IRS program offers employers welcome relief from inadvertent drafting mistakes and other failures to conform applicable documents to the requirements of 409A, it also raises some additional concerns.

12/29/2009 - COBRA Subsidy Extended - Prompt Action Required (Updated)
On December 19, 2009, the Department of Defense Appropriations Act of 2010 (the “Act”) extended the COBRA continuation coverage subsidy, which originally was due to expire at the end of 2009. While the mechanics of the COBRA subsidy generally remain unchanged, the Act expands the coverage previously provided under the COBRA subsidy.

12/08/2009 - Year-End Changes Needed for Some 162(m) Performance-Based Compensation Plans
Publicly held corporations may need to adopt an amendment by December 31, 2009 for certain performance-based compensation plans and agreements, including incentive compensation and equity plans and executive employment agreements.

12/07/2009 - There's Still Time! Correct Code Section 409A Violations By December 31, 2009
Employers have until December 31, 2009 to take advantage of opportunities to avoid the 20% and other penalty taxes that otherwise would be imposed by Section 409A of the Internal Revenue Code. We recommend employers review all their plans and agreements that are subject to Section 409A, including nonqualified deferred compensation, severance, change of control plans and agreements, and employment agreements.

10/29/2009 - The Perfect Storm Swirling Around Executive Compensation and the Related Corporate Governance
When the financial crisis began in 2008, an outcry came again regarding executive compensation and incentive compensation. The outcry over the incentive and executive compensation led to a new group of legislative and regulatory changes that are the next step in a longer series of changes over the last twenty-five years during which the regulation of executive compensation has evolved. The SEC made regulatory changes to executive compensation disclosure and/or governance in 1992, 2006 and most recently through the proposed rules published in the Federal Register on July 17, 2009.

10/29/2009 - New Shareholder Voting and Transparency Rules for Executive Compensation
2008 and 2009 have brought significant proposals for change both legislatively and on the regulatory front that will impact corporate governance, executive compensation and disclosure for years to come. The elimination of broker voting of shares failing to provide instruction will unsettle votes management had previously counted on for support at the same time that numerous bills providing for “say on pay” and “say on change in control pay” are progressing through Congress.

10/28/2009 - IRS Provides Guidance on Waiving 2009 Required Minimum Distributions
In Notice 2009-82, the IRS announced that plan sponsors must make decisions relating to the waiver of 2009 required minimum distributions (“RMDs”) for defined contribution plans, such as 401(k) plans, by November 30, 2009.

10/13/2009 - IRS Issues Final Regulations on Defined Benefit Plan Funding Requirements and Benefit Restrictions
Last week the IRS released final regulations covering most aspects of the minimum funding requirements and funding-based benefit restrictions imposed on single-employer defined benefit plans by the Pension Protection Act of 2006. These regulations generally apply for plan years beginning on or after January 1, 2010, but can be relied upon before that date. Some plan sponsors may need to take immediate action in light of the regulations.

09/18/2009 - New Health Plan Privacy Notice Requirements Under HITECH Act
The Department of Health and Human Services (“HHS”) recently issued an interim final rule (the “Rule”) under the Health Information Technology for Economic and Clinical Health (“HITECH”) Act explaining the notification requirements for breaches of protected health information that has not been encrypted or destroyed (“Unsecured PHI”). Employer-sponsored health plans should immediately review and revise their HIPAA privacy policies and procedures to ensure that they adequately address the Rule’s requirements for investigating and reporting breaches of Unsecured PHI. The new requirements are effective for breaches occurring on or after September 23, 2009.

08/14/2009 - Employers Should Be on the Lookout for Common Retirement Plan Errors
The Internal Revenue Service recently published a list of common recurring mistakes it sees in large case audits of qualified retirement plans and in submissions under its Voluntary Correction Program. This list provides employers with a useful checklist for reviewing the operations of their qualified retirement plans.

06/19/2009 - Weathering the Storm: Options to Remove Liabilities for High Retiree Medical Costs from a Company’s Balance Sheet: VEBAs
High legacy costs for retiree medical benefits, along with Financial Accounting Standards Board Standard No. 158, which requires balance sheet recognition of such liability, has forced many companies to face the true size of the retiree medical obligations and to consider ways to reduce or limit costs.

05/20/2009 - Deadline for Complying with Medicare Secondary Payer Reporting Rules Approaching
This alert outlines new reporting requirements under the Medicare Secondary Payer rules that apply to all liability insurance plans (including self-insurance), no-fault insurance plans, and workers' compensation plans, including non-subscribers to the Texas Workers' Compensation Act beginning on July 1, 2009.

05/06/2009 - Restructuring Compensation During Economic Challenges
Employers are facing a number of economic and financial challenges. Some employers have considered restructuring their compensation arrangements with employees as an alternative to avoid a reduction in force or layoffs. Restructuring of compensation packages raises a number of issues. 

04/30/2009 - Weathering the Storm: Recent Decision Creates Additional Cash Requirements to Reorganize
On April 8, 2009, the Second Circuit Court of Appeals issued a ruling that creates an additional hurdle for companies providing single-employer pension funds when seeking to reorganize through a bankruptcy. In general, the termination of a pension plan can give rise to a per-employee termination premium (a “Termination Premium”) owed by the company terminating the plan to the Pension Benefit Guaranty Corporation (“PBGC”), the quasi-governmental entity that insures pension plans.

04/16/2009 - Proceed with Caution - New COBRA Subsidy Notices Pose Risks to Employers
Employers are working frantically to comply with the new COBRA subsidy requirements of the American Recovery and Reinvestment Act of 2009 (the “Act”). However, the rush to compliance poses significant dangers if employers rely on the guidance issued by the Internal Revenue Service and Department of Labor without careful review and use the Department of Labor sample notices without modification.

03/27/2009 - Significant Changes in the Health Data Privacy for Group Health Plans and their Business Associates
The American Recovery and Reinvestment Act of 2009 (the “Act”) broadens the HIPAA privacy and security protections that apply to protected health information (“PHI”) and imposes new requirements on group health plans and their business associates. Under the Act, certain HIPAA privacy and security requirements now directly apply to business associates as if they were covered entities.

03/09/2009 - Executive Compensation Restrictions In The 2009 Recovery Act
Reproduced with permission from Executive Compensation Library, Benefits Practice Center, Vol. 7, Issue 3, 3/9/2009. Copyright 2009 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com
The executive compensation restrictions in the American Recovery and Reinvestment Act of 2009 (the Recovery Act) amend some of the executive compensation provisions in the Emergency Economic Stabilization Act of 2008 (EESA)... This article summarizes restrictions for past and future recipients of Troubled Asset Relief Program (TARP) funds.

02/27/2009 - Guidance and Relief for Deferred Compensation Arrangements of Certain Foreign Corporations and Partnerships
The Internal Revenue Service has issued interim guidance on deferred compensation paid to U.S. taxpayers by certain foreign corporations and partnerships considered to be “tax-indifferent entities.” To read more about Internal Revenue Code (“Code”) Section 457A click here.

02/24/2009 - Executive Compensation Restrictions Are Broadened in the Recovery Act
Reproduced with permission from Pension & Benefits Reporter, 36 BPR 403, 2/24/09, 2/24/2009. Copyright 2009 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com
The American Recovery and Reinvestment Act of 2009 broadens the limitations on executive compensation and amends certain provisions of the Emergency Economic Stabilization Act of 2008. Author Greta Cowart discusses the new standards adopted in the stimulus bill, enacted Feb. 17, 2009.

02/19/2009 - Stimulus Bill Expands COBRA Benefits
The “Stimulus Bill,” signed Tuesday February 17, 2009, lowered the cost of COBRA continuation coverage for employees whose employment was or is involuntarily terminated on or after September 1, 2008 and before January 1, 2010, and their eligible dependents (together referred to as “Assistance Eligible Individuals”). In addition, those Assistance Eligible Individuals who did not timely elect COBRA are given another opportunity to elect that coverage, although their total period of COBRA coverage generally is not extended.

02/02/2009 - Economic Woes May Cause Additional Tax Pains for Certain Executives in Publicly Traded Companies
The economic woes from the credit crisis and the significant decline in the market have impacted many retirement plans. While employees have been concerned with the drop in their 401(k) plan account balances, corporate executives should pay careful attention to the impact of the economic crisis on the funded status of their defined benefit pension plans.
© Bloomberg Finance L.P. 2008. Originally published by Bloomberg Finance LP. Reprinted by permission.

“Bailout Bill” Places Strict Limits on Executive Pay of Participating Financial Institutions
The Emergency Economic Stabilization Act of 2008 (the “Act”), which establishes the Troubled Assets Relief Program (“TARP”), imposes strict new limits on executive compensation, including limits on incentive and severance pay, on certain financial institutions that participate in TARP.

Massachusetts Revises Employer Fair Share Contribution Requirement
10/09/2008

09/16/2008 - Significant Changes Imposed In Pension Plan Valuation of Alternative Investments

New Disclosure Requirements for Participant-Directed Individual Account Plans

Updated Medicare Part D Notices 2008
07/11/2008

03/10/2008 - SEC's Notice and Access and ERISA 404(c)
ERISA 404(C) issues raised under SEC's"Notice and Access" proxy statement rules.

03/10/2008 - ERISA § 404(C) ISSUES RAISED UNDER SEC’S “NOTICE AND ACCESS” PROXY STATEMENT RULES

02/25/2008 - LaRue Decision

02/07/2008 - PLR Regarding Section 162(m)

10/23/2007 - IRS and Treasury Department Extend Section 409A Deadlines One More Year!

09/12/2007 - IRS Announces Limited Extension of Section 409A Compliance Deadline

05/01/2007 - 401(k)ERISA Basics Slides

04/11/2007 - 409A Final Regulations

12/22/2006 - IRS Issues Guidance on Reporting Section 409A Deferred Compensation

12/22/2006 - Diversification Notice and Pension Benefit Statement Guidance

12/22/2006 - President Bush Signs Bill Permitting One Time Rollovers to Health Savings Accounts

10/05/2006 - IRS and Treasury Department Extend Section 409A Deadlines One More Year!

09/25/2006 - Plan Fees and Expenses The Next Wave of Lawsuits Has Begun

09/14/2006 - Federal Income Taxation of Nonqualified Deferred Compensation...

07/20/2006 - New Guidance on Using Debit/Credit Cards with HRAs and FSAs

06/16/2006 - Stock Option Backdating--How Big Are The Problems And What Should You Do?
Recently, over 40 public companies have come under investigation by the SEC or the Justice Department for improperly backdating options, and it is likely that more public companies will come under investigation in the future. At issue is whether option grants to executives and others were backdated to coincide with dates when a company’s stock price was low, thereby increasing the potential profits realized by the holders of the options if and when exercised. Improper backdating may be intentional or a result of faulty corporate procedures. In either event, serious accounting, tax, and disclosure issues result.

06/14/2006 - Recent Health Plan Prescription Drug Developments

06/01/2006 - New Law Impacts 2006 Income Tax Liability of U.S. Citizens/Residents Working Abroad

05/19/2006 - Supreme Court Revisits Subrogation

ALI-ABA Video Law Review, Health Plans, HIPAA and COBRA Update
04/27/2006

Choosing a New Health Plan Design? Differences Among HRAs, HSAs, and FSAs Beyond the Basics

COBRA – UPDATE

HIPAA'S Privacy Regulations and Their Impact on Group Health Plans

Nonqualified Deferred Compensation After The American Jobs Creation Act of 2004, Notice 2005-1...

01/23/2006 - SECTION 409A NEWS ALERT: Section 409A Stock Valuation Guidance For Privately-Held Companies

01/17/2006 - Health Plan Update

01/04/2006 - SECTION 409A NEWS: Stock Valuation Guidance and Section 409A Technical Corrections

12/15/2005 - IRS Surprises Employers by Suspending Reporting and Witholding Requirements Under Code Section 409A

11/04/2005 - SECTION 409A NEWS: Separation Pay Exclusions

10/21/2005 - SECTION 409A NEWS: 2005 Action Items

08/08/2005 - How Long Do Employees Have to Elect COBRA Coverage?

08/02/2005 - AmeriChoice False Claims Act Settlement and Impact on Future Medicare/Medicaid Managed Care Contract

06/21/2005 - DOL and SEC Tell Pension Plan Fiduciaries to Assess Third Party Consultants

06/07/2005 - Hidden Effects of the Medicare Prescription Drug Improvement and Modernization Act's Regulations

06/01/2005 - New Grace Period Permitted for Cafeteria Plan Flexible Spending Accounts

03/10/2005 - New Notice of Rights Under the Uniformed Services Employment and Reemployment Rights Act of 1994

03/07/2005 - IRS Issues Executive Compensation Audit Guidelines: What Employers Need To Do Now

HIPAA's Final Security Regulations for Electronic Protected Health Information

01/31/2005 - The Automatic Rollover Rules

01/14/2005 - Nonqualified Deferred Compensation Plan Guidance Under American Jobs Creation Act 04 and Notice 05-1

Understanding the Nonqualified Deferred Compensation Guidance

12/29/2004 - Nonqualified Deferred Compensation Guidance Brings Good News

12/28/2004 - USERRA Modifications

12/01/2004 - Deferred Compensation: Preparing for the Changes

HIPAA Privacy and Security Compliance Services for Health Plans

09/21/2004 - Health and Welfare Update

Choosing a New Health Plan Design? Differences Among HRAs, HSAs and FSAs Beyond the Basics

09/07/2004 - Final Incentive Stock Option Regulations

07/07/2004 - Proposed Regulations for Ambulatory Surgical Centers Licensed by the Texas Dept. of State Health Svc

06/01/2004 - HIPAA Privacy Compliance

03/01/2004 - Privacy Regulation Compliance Date Looms Closer for Small Group Health Plans

02/25/2004 - Defined Contribution Plans May Charge Former Employees' Accounts For Administrative Expenses

HIPAA's Final Security Regulations For Electronically Protected Health Information

HIPAA's Privacy Regulations and Their Impact on Group Health Plans

02/05/2004 - New Privacy Requirements Apply to Employers

Group Health Plan Changes in Medicare Prescription Drug Improvement and Modernization Act of 2003

Where Does Your Health Plan Fit in HIPAA's Privacy Regulation Requirements

COBRA - Update

HIPAA Nondiscrimination and Portability Update

12/01/2003 - Mutual Fund Trading Abuses and ERISA's Fiduciary Responsibilities

HIPAA Privacy Compliance Services for Group Health Plans With Less Than $5,000,000 in Receipts

10/30/2003 - Public Companies, Insider Trading Restrictions and Individual Account Plans

07/17/2003 - EEOC Issues – Good News for Retiree Medical Plans

07/01/2003 - New COBRA Notice Guidance

06/18/2003 - Possible Claims Disruption as HIPAA Compliance Date for Standard Transactions Approaches

06/03/2003 - HIPAA Privacy – It’s Here (Closer Than You Think)

04/23/2003 - Failure to Provide Summary Plan Description Leads to Damages Award

02/03/2003 - Pension Blackout Rules for Individual Account Retirement Plans

HIPAA's Privacy Regulations as Finally Modified and Their Impact on Group Health Plans

Where Does Your Health Plan Fit in HIPAA's Privacy Regulation Requirements?

01/13/2003 - Consumer Driven Health Plans

11/27/2002 - EGTRRA Amendments May be Required by December 31, 2002

10/22/2002 - 17 - Pension Blackout Rules

DC Health Plans and the Legal Issues they Raise After Revenue Ruling 2002-41 and Notice 2002-45

Summary: Final Regulations on Standards for Privacy of Individually Identifiable Health Information

09/23/2002 - Compliance Date for Electronic Data Interchange Standards Approaches - Are You Prepared?

Final Regulations on the Standards for Privacy of Individually Identifiable Health Information

ABA Section of Taxation Fall Meeting

Haynes and Boone LLP's Approach to HIPAA Privacy Compliance for Employers

HIPAA Privacy with a New Twist

04/09/2002 - IRS Suspends 5500 Filing Requirements

02/01/2002 - Serving Two Masters - ERISA Fiduciary Duties Revisted After Enron

01/01/2002 - To Wrap or Not to Wrap In Light of Privacy

01/01/2002 - HIPAA Update

11/15/2001 - IRS Proposes to Tax Incentive Stock Options and Employee Stock Plans

09/01/2001 - IRS Provides Guidance Regarding COBRA Liability in Mergers and Acquisitions

09/01/2001 - Military Leave and the Uniformed Services Employment/Reemployment Rights Act of 1994

08/01/2001 - 457 Plans and the Economic Growth and Tax Relief Reconciliation Act of 2001

08/01/2001 - Increased Portability of Rollovers

07/31/2001 - The Economic Growth and Tax Reconciliation Act of 2001

07/01/2001 - The Economic Growth and Tax Relief Reconciliation Act of 2001 Health and Welfare Plans

06/01/2001 - Fifth Circuit Court of Appeals Raises Potential Problems for Certain Executive Compensation Plans

08/01/2000 - Tax-Sheltered Annuities and the Economic Growth and Tax Relief Reconciliation Act

Dissecting COBRA's New Rules