News & Publications

Publications

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”).

May 5, 2015

Kutak Rock attorney Bryan Handlos authored an article, “Vendor Limitations of Liability for Security Breaches: The Alimentary Canal Problem,” in the March/April 2015 edition of Nebraska Banker magazine.

April 30, 2015

Starting January 1, 2015, a new law will go into effect in California that will significantly change the legal relationship between temporary staffing agencies and the companies that contract with them to use temporary workers. The new law, Assembly Bill 1897, also known as the “Temp Worker Protection Bill,” will make California companies jointly liable with staffing agencies for violations of wage, safety and workers' compensation laws. For additional information, please read our client alert.

April 29, 2015

Kutak Rock attorney Matthew Sgnilek authored an article titled "This Is No LOL Matter! California Employers Must Reimburse Employees for Cell Phone Use" which appears in the July 2015 edition of Entertainment Human Resources Network.

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