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Compliance Alert: CMS Extends Transition Relief for Non-Compliant Plans through 2019On April 9, 2018, the Centers for Medicare & Medicaid Services (CMS) announced a one-year extension to the transition policy (originally announced November 14, 2013 and extended several times since) for individual and small group health plans that allows issuers to continue policies that do not meet ACA standards. The transition policy has been extended to policy years beginning on or before October 1, 2019, provided that all policies end by December 31, 2019.View Insight
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Compliance Alert: IRS Adjusts 2018 HSA Contribution Limit – Again
The IRS has announced it is modifying the annual limitation on deductions for contributions to a health savings account (“HSA”) allowed for taxpayers with family coverage under a high deductible health plan (“HDHP”) for the 2018 calendar year. Under Rev. Proc. 2018-27, taxpayers will be allowed to treat $6,900 as the annual limitation, rather than the $6,850 limitation announced in Rev. Proc. 2018-18 earlier this year.
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Naming and Shaming: The Fed Publicly Admonishes Wells Fargo’s Former Lead DirectorOn Feb. 2, 2018, the Federal Reserve published a letter it had sent to the former lead director of Wells Fargo, Stephen Sanger. In the letter, the Fed reviewed Mr. Sanger’s performance as lead independent director of the financial institution and deemed it “ineffective." The recent Wells Fargo scandal is a cautionary tale of a corporation’s culture gone bad; the letter is a rare instance of a regulator publicly shaming an independent director.View Insight
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Looking Ahead: Considerations For The Employee Benefits Landscape In 2018The current landscape of health care and employee benefits—which has become unrelenting in its complexities, compliance requirements, and rising costs—is requiring all of us to think and act differently. In this inaugural issue of our annual Employee Benefits Looking Ahead Guide, we highlight key trends we’re seeing, provide insight into some exciting developments that are pulling the industry forward, and share advice on how you can start thinking about your 2018 strategy.View Insight
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New Brand. Same Values.This year, we’re celebrating our 100-year anniversary. After 100 years of providing guidance and protection to some of the world’s most innovative companies, we have refreshed our brand identity to not only better reflect our 100-year legacy of guiding and protecting our clients, but also to set a course for how we communicate our mission for the future.View Insight
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Reps & Warranties Insurance: War Stories (and Advice) from the Front LinesWhether you’re an experienced veteran in the private equity market, or a strategic buyer looking for a deal-facilitation tool, there can be a steep learning curve when navigating the ins and outs of RWI. To that end, I’d like to share with you some key pieces of advice to help make that curve a bit less steep, and maximize the effectiveness of RWI in your deal.View Insight
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Keeping in Compliance and Out of Trouble with the DOJ: The Benefits of Board Education TrainingGiven that the majority of board members are not very satisfied with their compliance and ethics training, how do we ensure boards get the training they need in a way that’s relevant to them? Few public companies require that their board members attend external training sessions, but many public companies encourage their board members to attend a training session such as Stanford’s Directors’ College or other similar conference every one to two years.View Insight
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Champagne for the Plaintiffs’ Bar; Dirge Music for the Rest of Us: IPOs, 1933 Act Litigation and the Cyan DecisionThe Supreme Court’s decision in Cyan v. Beaver County Employees Retirement Fund surely has the plaintiffs’ bar popping champagne. Insurance carriers are likely preparing to raise self-insured retentions (think: deductibles) and premium rates for D&O liability insurance for IPO companies.View Insight
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2018 OSHA UpdateAB 262 was signed into law by Governor Brown in 2017. The law will require, for public works projects entered into on or after July 1, 2019, that the successful bidder submit an Environmental Product Declaration (EPD) to the awarding agency/authority. By January 1, 2019, the Department of General Services (DGS) will establish and publish in the State Contract Manual the maximum acceptable global warming potential for each category of eligible materials. Eligible materials include: carbon steel rebar, flat glass, wool board insulation and structural steel.View Insight
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Getting CEO Succession RightI recently attended a public company board member roundtable, hosted by the recruiting firm Spencer Stuart, where their executives discussed the topic of CEO succession. Spencer Stuart didn’t just come with an opinion for this talk, they came with data. Let’s take a look.View Insight
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Reps and Warranties – Who Pays For What?The question of “Who pays for what?” is pretty important when it comes to any aspect of an M&A transaction. This is a question I get asked a lot with regards to the use of Reps and Warranties Insurance. Unsurprisingly, underwriters aren’t concerned where the money comes from as long as they get paid their premium.View Insight
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Changes to 2018 HSA Annual Contribution LimitsOn March 5th, the IRS released Rev. Proc. 2018-18, addressing a variety of changes to tax rates and inflation-adjusted thresholds in accordance with the Tax Cuts and Jobs Act passed late in 2017. Under the new tax legislation, the methodology for determining adjustments to limits, for things such as FSA and HSA contributions, is tied to a chained CPI, probably resulting in slower upward adjustments over time.View Insight