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Why More SPACs Could Lead to More Litigation (and How to Prepare)The coronavirus has halted many IPO plans but SPACs (special acquisition companies) are actually gaining speed. This edition of the D&O notebook discusses how more SPACs will likely lead to more SPAC litigation.View Insight -
Employee Benefits Compliance Alert
Compliance Alert: Carrier Premium Credits and ERISA Fiduciary ObligationsUtilization of group medical and dental insurance benefits is down so some carriers notified employers that they will be issued premium credits. This Compliance Alert offers background on these issues as well has how employers should treat these premium credits.View Insight -
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A New Workplace Hazard: Heat Illness Due to Coronavirus PPE and RegulationsAs companies reopen, businesses will face complicated consequences of the federal and local standards for minimizing the coronavirus. Some employees may find wearing masks difficult as summer temperatures rise.View Insight -
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Buying Human Resources Technology: What You Don't Know You Don't KnowMany companies discover the human resources software they purchased doesn't deliver as expected. To help you avoid this potentially expensive and time-wasting experience, here are some considerations for buying human resources technology.View Insight -
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Buying the Right Limit with Cyber Analytics: One Size Does Not Fit AllView InsightThis cyber insight discusses not only the right questions to ask, but also the detailed analytics process for determining your cyber risk and how to insure it.
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Employee Benefits Compliance Alert
Compliance Alert: IRS Relaxes Election Change, Other Rules for Cafeteria Plans and FSAsThe IRS has provided guidance and relief for employees, which, among other things, extend the claims period for health flexible spending arrangements (health FSAs) and dependent care assistance programs (DCAPs) and allow employees to make mid-year changes.View Insight -
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What Not to Say to Analysts: The SEC's Latest Reg FD TargetFor public companies, the SEC requires that when an authorized person speaks for the company, any material, non-public information must be disseminated "fairly and appropriately to all investors and not just a select few analysts." But what happens if an authorized speaker for a public company, such as the CEO, CFO, or investor relations does share material, non-public information selectively with analysts? This edition of the D&O Notebook discusses how the SEC will respond.View Insight -
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Wildfire Season Insurance: Prepare Your Business Property NowView InsightWith the likelihood of wildfires, analyze your risk, protect, and insure your business with the three steps to take now before the weather heats up.
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Playing It Safe: Private Company Stock and Employee LiquidityMany private companies are choosing to stay private for longer before proceeding with an IPO or direct listing. Companies have more time to build value and get their ducks in a row. One challenge, however, is that their employees holding stock might want liquidity before the company is ready. This edition of the D&O Notebook discusses the issues and explains why now is the time for private companies to review and adopt new policies and procedures to handle the situation.View Insight -
Blog
Mostly Dead but Slightly Alive: M&A Deals of 2020COVID-19 has claimed many M&A deals. In this post previously published in the American Bar Association Business Law Section, read about recent failed M&A deals as well as learn about MAE carveouts.View Insight -
Employee Benefits Compliance Alert
Compliance Alert: Agencies Extend Deadline to Pay COBRA Premiums, Extend Certain Other ERISA and Internal Revenue Code Deadlines Due to COVID-19On April 28, 2020, the Department of Labor (DOL), the Internal Revenue Service (IRS), and Department of Health and Human Services (HHS) issued much needed guidance and relief for employers. Learn more about the new requirements for employers, deadline changes, and specifics about the reliefs.View Insight -
Blog
Get Ready: Cyber Insurance Underwriting is ChangingCyber insurers are tightening underwriting guidelines and clarifying policy language. Learn what to keep in mind as you purchase cyber insurance for the first time or renew in 2020.View Insight