Tag Archives: ERISA

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


Public companies trading on national securities exchanges may need to update proxy disclosures on the use of consultants and adjust Board compensation committee practices in response to new rules implementing Section 10C of the Securities and Exchange Act (SEC) enacted as … Continue reading

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

Plan Sponsors. Their Owners & Management & Others Risk Personal Liability If Others Defraud Plans or Mismanage Employee Benefit Plan Responsibilities


Executives, board members, and other business leaders of companies providing health, 401(k) or other employee benefits under plans regulated by the Employee Retirement Income Security Act of 1974, as amended (ERISA) should heed a series of recent fiduciary liability settlement orders and lawsuits of the U.S. Department of Labor (Labor Department) as important reminders of the potential personal liability exposures executives can may face if their company’s benefit programs are not appropriately maintained and administered.

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Posted in Bankruptcy, CEO, D&O, Director Liabiloity, Employment, Fiduciary Responsibility, Fraud, Internal Controls, Officers, Reengineering, Shareholder Liability | Tagged , , , , , , | Leave a comment

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