News & Publications

Publications

January 23, 2013

This newsletter describes the impact of federal budget “sequestration” on direct pay bonds and the redemption provisions such sequestration may trigger and is intended to remind clients and attorneys of Kutak Rock LLP to review transaction documents for direct pay bonds to determine whether the possibility of sequestration gives rise to the opportunity (or threat) of extraordinary mandatory or optional redemption.

January 18, 2013

The Internal Revenue Service (the “IRS”) has finally released correction procedures to fix operational plan errors in 403(b) plans.  For many years, there was no clear guidance for sponsors of 403(b) plans to correct operational plan errors—i.e., errors due to the plan not being operated pursuant to its terms.  On December 31, 2012, the IRS released Revenue Procedure 2013-12, which expands certain existing qualified plan correction procedures to 403(b) plans.

January 15, 2013

Fred Marienthal has published a review disussing the book "No Longer Visible: Religion in University Education" by Douglas Jacobsen and Rhonda Hustedt (Oxford University Press, 2012).

January 11, 2013
Under the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”), enacted in 2009, Congress tasked the Department of Health and Human Services (“DHHS”) with conducting periodic audits of covered entities and business associates to ensure compliance with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).  To implement this mandate, the DHHS Office of Civil Rights (“OCR”) developed audit protocols and created a pilot program to perform 115 audits of covered entities beginning in November 2011 and concluding in December 2012.
December 20, 2012

Media outlets throughout the country reported that the Hostess Brands Inc. (“Hostess”) CEO told a Wall Street Journal reporter that Hostess used funds “earmarked” for contributions to multiemployer pension plans to fund its Chapter 11 bankruptcy expenses. Some sources even indicated that these amounts were withheld from employees’ paychecks. Such allegations, if true, would expose Hostess executives to severe civil liability and potentially even criminal charges under ERISA for misuse of “plan assets.”

ERISA fiduciaries—which include any person dealing with or overseeing the use of plan assets—should take notice of the Hostess developments as a reminder of their obligations under ERISA.

December 12, 2012

Between November 26 and December 7, 2012, the government published a flood of proposed and final regulations relating to the Patient Protection and Affordable Care Act (“PPACA”), more commonly known as the health care reform law. This Client Alert provides an overview of the new regulations.

December 3, 2012
November 30, 2012
November 30, 2012
November 27, 2012
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