Tag Archives: Bankruptcy

Hurricane Impacted Financial Institutions Tell FinCEN If BSA Reports Delayed


FINRA Reporting by Hurricane Impacted Financial Institutions
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Posted in bank secrecy act, Bankruptcy, Board of Directors, CEO, CFO, Compliance, Director Liability, Internal Controls, Officers, Tax, Uncategorized | Tagged , , , , , , , , , , , , | Leave a comment

Take Your Preventive Medicine


Better planning and management can head off most but not all problems. Sometimes stuff happens even when you do everything right. Either way, better management usually minimizes the damage and makes it easier to clean up the mess. It’s never … Continue reading

Posted in Bankruptcy, Board of Directors, CEO, CFO, Compliance, Cyber, D&O, Data Security, Director Liability, E&O, Employee Benefits, Employment, ESOP, Fiduciary Responsibility, Fraud, Health Plans, Internal Controls, Labor Relations, Leadership, M&A, Officers, Officers Liability, Performance Management, Privacy, Reductions In Force, Reengineering, Retirement Plans, Risk Management, Shareholder Liability, Stock Plans, Tax, Teaming, Turnaround Management, Workforce Management | Tagged , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

12/31 Hiring Deadline To Claim Work Opportunity Tax Credit For Hiring Vets


U.S. businesses planning to hire for positions that veterans qualify for might want to make their hiring decision by December 31, 2012 to take advantage of a possible opportunity to receive a Work Opportunity Tax Credit. Employers planning to claim an … Continue reading

Posted in Bankruptcy, CEO, Director Liabiloity, Employee Benefits, Employment, Fiduciary Responsibility, Internal Controls, Labor Relations, M&A, Officers, Reductions In Force, Reengineering, Tax, Turnaround Management | Tagged , , , , , , , , , , , , , , , , , , , , , | Leave a comment

RIFS & Other Workforce Changes Require Careful Legal & Operational Management


Hotel Bel-Air Gets Labor Gocha When Offering Severance A National Labor Relations Board (NLRB) decision that nails Hotel Bel-Air (Hotel) for offering severance packages to unionized workers highlights one of a range of potentially costly missteps that businesses conducting reductions … Continue reading

Posted in Bankruptcy, CEO, Director Liabiloity, Employee Benefits, Employment, Fiduciary Responsibility, Internal Controls, Labor Relations, M&A, Officers, Reductions In Force, Reengineering, Tax, Turnaround Management | Tagged , , , , , , , , , , , , , , , , | Leave a comment

Businesses Looking For Investment Without Registration Should Ensure Accredited Investor & Other Security Practices Up-To-Date


Businesses looking to raise investment from private investors without registration in accordance with applicable federal and state securities laws requirements for publicly traded investments need to exercise care that their practices meet all requirements, particularly in light of recent changes to … Continue reading

Posted in Bankruptcy, CEO, D&O, Director Liabiloity, Employment, Internal Controls, Reengineering, Shareholder Liability, Tax, Uncategorized | Tagged , , , , , , , | Leave a comment

UTD, Others Offer Corporate Leaders Tips On “Succeeding with Financing in a Time of Economic Uncertainty” At 2/29 Program


Corporate Directors, Executives and Financial Officers may want to check out the program on “Succeeding with financing in a time of economic uncertainty” that The Center for Finance Strategy Innovation (CFSI) and The Institute for Excellence in Corporate Governance (IECG) Of The University of Texas at Dallas Naveen Jindal School of Management plan to present on Wednesday, February 29, 2012 11:30am – 1:30pm in the Executive Education Dining Room (JSOM 1.606), Naveen Jindal School of Management

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Posted in Bankruptcy, CEO, D&O, Director Liabiloity, Employment, Internal Controls, Reengineering, Shareholder Liability, Tax, Uncategorized | Tagged , , , , , , , , , | Leave a comment

Strategic Preparation & Planning Promote Change Readiness & Effectiveness


In today’s rapidly evolving business environment, the ability of businesses and their leaders to respond appropriately and effectively to changing circumstances often is key to success. Effectiveness often comes from planning and execution.

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Posted in Bankruptcy, CEO, D&O, Director Liabiloity, Employment, Internal Controls, Reengineering, Shareholder Liability, Tax, Uncategorized | Tagged , , , , , , , | Leave a comment

New NAE Accounting Method Safe Harbor Announced


Revenue Procedure 2011-46 provides a book safe harbor method of accounting for taxpayers using the nonaccrual-experience (NAE) method of accounting under § 448(d)(5) of the Internal Revenue Code and § 1.448-2 of the Income Tax Regulations. In general, under the NAE … Continue reading

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IRS Establishes Safe Harbor Election for Allocating Success-Based Fees Paid On Certain Business Transactions


IRS Establishes Safe Harbor Election for Allocating Success-Based Fees Paid On Certain Business Transactions
The Internal Revenue Service is establishing a new safe harbor that businesses may elect to use when allocating success-based fees paid in connection with a business organizsatoin under Treasury Regulation § 1.263(a)-5(e)(3) of the Income Tax Regulations.
Revenue Procedure 2011-29 will be published in Internal Revenue Bulletin 2011-18 on May 2. It will provide that in lieu of maintaining the documentation required by § 1.263(a)-5(f), electing taxpayers may elect to treat 70 percent of the success-based fee as an amount that does not facilitate the transaction. The remaining portion of the fee must be capitalized as an amount that facilitates the transaction.
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Solutions Law Press™ provides business risk management, legal compliance, management effectiveness and other resources, training and education on health care, human resources, employee benefits, data security and privacy, insurance, and other key compliance, risk management, internal controls and other key operational concerns. If you find this of interest, you also be interested reviewing some of our other Solutions Law Press resources including:
• TPA’s Embezzlement Guilty Plea Reminds Plan Sponsors, Fiduciaries & Service Providers To Ensure Fiduciaries, Administrators & Staff Prudently Selected, Monitored & Bonded
• 4/19 Deadline For Comments On Proposed Rules For Selecting State Employment Service Delivery Systems Providers For Veterans
• ERISA Leader Nell Hennessy Dies From Cancer
• IRS Expands When HFSAs & HRAS May Allow Over-The-Counter Drug Purchases With Drug Cards
• IRS, HHS & DOL To Delay Enforcement of New Insured Group Health Plan Non-Discrimination Rules Pending Guidance; Seek Public Input on Rules
• DOL Announces Changes To H-2B Prevailing Wage Calculation Rules
• $1 Million + FLSA Overtime Settlement Shows Employers Should Tighten On-Call, Other Wage & Hour Practices
• Medical Resident Stipend Ruling Shows Health Care, Other Employers Should Review Worker Classification, Payroll & Other Practices
• CMS Physician Compare Web Site Offers Consumers New Provider Info Source
• Avoiding Post-Holiday Celebration Sexual Harassment & Discrimination Liability
• Small Employers Should Weigh If Health Premium Tax Credit Justifies Changing Employee Leasing Arrangements
• 2011 Standard Mileage Rates Announced
• Proposed New Defined Benefit Plan Annual Funding Notice Rule Reminder of Need to Carefully Manage Pension Plan Responsibilities
• Affordable Care Act Grandfathered Plan Rules Loosened To Allow Insured Plans Making Some Insurance Changes To Qualify
• Update Employment Practices To Manage Genetic Info Discrimination Risks Under New EEOC Final GINA Regulations
• EEOC Attacks Medical Leave Denials As Prohibited Disability Discrimination
• DOL Proposes To Expand Investment Related Services Giving Rise to ERISA Fiduciary Status As Investment Fiduciary
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©2011 Cynthia Marcotte Stamer. Non-exclusive right to republish granted to Solutions Law Press. All other rights reserved.
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Businesses, Their Leaders & Owners Risk Liability If Mismanage Employee Benefit Obligations


Businesses leaders struggling to deal with economic setbacks frequently may be tempted to use employee benefit plan contributions or funds for added liquidity or otherwise fail to take appropriate steps to protect and timely deposit plan contributions or other plan assets. A long and ever-mounting series of decisions demonstrates the risks that distressed businesses, their officers, directors and other employees fail to make appropriate arrangements for the proper fulfillment of employee benefit plan related obligations Continue reading

Posted in Bankruptcy, Director Liabiloity, Employment, Reengineering, Shareholder Liability, Tax, Uncategorized | Tagged , , , , , , , | Leave a comment