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July 1, 2015

In a decision issued on June 25, 2015, the United States Supreme Court ruled that the Fair Housing Act of 1968 (the FHA) prohibits unintentional, or “disparate,” discrimination as well as intentionally discriminatory practices. The case was decided in the context of disparate-income claims against a state agency administering the federal Low Income Housing Tax Credit (LIHTC) program. The Supreme Court’s opinion, while allowing FHA disparate-impact claims to proceed, also included cautionary language counseling lower courts against adjudicating disparate-impact claims in a manner that would discourage housing authorities and developers from engaging in housing development for low-income persons. The case will now return to the federal trial court for a determination, on the merits, of whether the LIHTC allocation decisions by the state housing agency constituted disparate-income discrimination. For more information, please read our client alert.

June 30, 2015

On June 30, 2015, President Obama and Secretary of Labor Perez issued proposed changes to the “white collar” and related overtime exemption regulations.

June 25, 2015
Today the United States Supreme Court issued its opinion in King v. Burwell, the case challenging whether the Internal Revenue Service (IRS) can offer tax credit subsidies to individuals enrolled in health insurance through a federally operated Exchange. For additional information, please read our client alert.
June 3, 2015

Kutak Rock attorney Jad Davis authored an article entitled “Meet the ‘waters of the United States’” published in the May 29, 2015 issue of the Los Angeles Daily Journal, a national journal for legal professionals.

May 29, 2015
Following in the footsteps of California’s Bay Area, New York City and Washington, D.C. recently passed laws requiring employers to offer commuter benefit programs to their employees. Both laws take effect January 1, 2016. A summary of the Affordable Transit Act (the NYC Act) and the Transit Benefit Requirements Act (the D.C. Act) is available in our client alert.
May 19, 2015

As expected, in a very short opinion, the U.S. Supreme Court unanimously vacated a Ninth Circuit ruling and held that plan fiduciaries must regularly monitor plan investments. Previously, the Ninth Circuit had held that claims against fiduciaries over allegedly imprudent 401(k) plan investments were time-barred if the claims were made more than six years after the initial decision to select the investments.

May 15, 2015
May 12, 2015

The United States Bankruptcy Court for the Northern District of Illinois, in a case of first impression, recently held that transfers made by a debtor in a commercial mortgage loan securitization were not avoidable as preferences or constructively fraudulent transfers because the transfers were made in connection with a “securities contract” and thus protected from being avoided under the safe harbor provisions of Section 546(e) of the United States Bankruptcy Code, 11 U.S.C. §§ 101 et seq., as amended (the “Bankruptcy Code”). Krol v. Key Bank National Association, et al. (In re MCK Millennium Centre Parking, LLC), Adv. No. 14-392 (Bankr. C.D. Ill. Apr. 30, 2015) (“Krol”).  For more information, please read our client alert.

May 11, 2015

Kutak Rock attorney Marc Liebermann authored an article, “Want to Preclude Municipal Bankruptcies Filed to Discharge Pension Obligations? Amend Your Bankruptcy Authorization Statute, Pronto,” in the April 2015 issue of The National Association of Public Pension Attorneys (NAPPA) Report.

May 6, 2015

On April 16, 2015, President Obama signed into law the Medicare Access and CHIP Reauthorization Act of 2015 (“MACRA”).

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