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  • Article

    Office Of Foreign Assets Control Publishes Final Economic Sanctions Enforcement Guidelines

    On November 9, 2009, the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury issued its Economic Sanctions Enforcement Guidelines.
    United StatesInternational Law
    Faegre & Benson LLP
    Faegre & Benson LLP
  • Article

    Change In Tax Law May Save Nonprofit Developers Money

    The omnibus tax bill, signed May 29, 2008, by Gov. Tim Pawlenty, contains a small tax law change—Minn. Stat. § 297A.71, subd. 23 that could save nonprofit developers of low-income housing projects thousands of dollars.
    United StatesAccounting and Audit
    Faegre & Benson LLP
    Faegre & Benson LLP
  • Article

    Pension Plan Amendments Required To Reflect Section 436 Contingent Limitations On Benefits

    Time is running out for sponsors of defined benefit pension plans to adopt amendments that must be made by the end of the year to provide for limits on benefit payments and benefit accruals as required under section 436 of the Internal Revenue Code.
    United StatesEmployment and HR
    Faegre & Benson LLP
    Faegre & Benson LLP
  • Article

    Practical 409A: Modified Work Arrangements For Employees Under Code Section 409A

    Internal Revenue Code Section 409A allows a "separation from service" to be a payment trigger for deferred compensation, including separation pay, supplemental retirement benefits, account-balance deferred compensation and other payments.
    United StatesEmployment and HR
    Faegre & Benson LLP
    Faegre & Benson LLP
  • Article

    Misclassifying Independent Contractors as Employees: Risks and Liabilities

    The Fair Labor Standard Act (FLSA) has changed very little since it was enacted in 1938. The workplace, however, has changed dramatically over the past 70 years—and the plaintiffs' bar has seized upon this old law to generate a record number of FLSA-related lawsuits recently.
    United StatesEmployment and HR
    Faegre & Benson LLP
    Faegre & Benson LLP
  • Article

    The IRS Is Increasing Employment Tax Enforcement—Are You Ready?

    The IRS plans to audit 6,000 companies for employment tax compliance during the next three years. Its primary focus will be worker classification (i.e., whether workers are being properly classified as independent contractors rather than as employees), but it also intends to examine fringe benefits, backup withholding, Form 1099 compliance, and Code section 409A issues.
    United StatesEmployment and HR
    Faegre & Benson LLP
    Faegre & Benson LLP
  • Article

    Joint Ventures In The Real Estate Bear Market

    The current recession has brought significant challenges to the commercial real estate market. Among the most acute difficulties are disappearance of capital from customary lending sources and diminishing property income and property values.
    United StatesReal Estate and Construction
    Faegre & Benson LLP
    Faegre & Benson LLP
  • Article

    Could Preemption Rulings For Generic Manufacturers Be Bitter Pill For Name-Brand Manufacturers?

    For more than a decade, courts across the country have rejected the premise that a manufacturer of a name-brand medication is liable for injuries resulting from a plaintiff's use of the generic version of that medication.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Faegre & Benson LLP
    Faegre & Benson LLP
  • Article

    Iowa Supreme Court Hears Oral Arguments in Tax Case Impacting Franchisors

    On May 20, the Iowa Supreme Court heard oral arguments in KFC Corporation vs. Iowa Department of Revenue, a case that could have a substantial financial impact on franchisors across the nation.
    United StatesTax
    Faegre & Benson LLP
    Faegre & Benson LLP
  • Article

    From Mortgages To General Motors And Back: The Government´s Attempts to Revive the Economy

    When Congress initially rejected the financial bailout package proposed by the Bush administration in September, Treasury Secretary Henry Paulson lamented that the government did not have sufficient tools in its toolkit to respond to the ongoing economic crisis.
    United StatesStrategy
    Faegre & Benson LLP
    Faegre & Benson LLP
  • Article

    Court Rulings Impact FLSA Exempt Status of Pharmaceutical and Medical Technology Sales Representatives

    On July 6, 2010, the United States Court of Appeals for the Second Circuit decided "In re Novartis Wage & Hour Litigation", No. 09-0437-cv, 2010 U.S. App. LEXIS 13708 (2d Cir. July 6, 2010), holding that Novartis pharmaceutical sales representatives are not exempt from the requirements of the Fair Labor Standards Act (FLSA).
    United StatesEmployment and HR
    Faegre & Benson LLP
    Faegre & Benson LLP
  • Article

    Preparing for Health Care Reform: Implications and an Action Plan for Providers

    The Patient Protection and Affordable Care Act (PPACA) is now law. And while federal reform legislation may evolve over time, absent outright repeal, the new law will reshape America's delivery system—with significant implications for hospitals, physicians, and other providers nationwide.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Faegre & Benson LLP
    Faegre & Benson LLP
  • Article

    Agricultural Commodity Price Increases: Spurring A New Farm Crisis?

    According to the U.S. Department of Labor’s Bureau of Labor Statistics, the cost of food, as that term is used in the Consumer Price Index (CPI), increased 5.1 percent for the year that ended May 31, 2008.
    United StatesFinance and Banking
    Faegre & Benson LLP
    Faegre & Benson LLP
  • Article

    Changes To The Visa Waiver Program And Implementation Of The Electronic System For Travel Authorization

    The U.S. Department of Homeland Security recently announced changes to the Visa Waiver Program and implementation of the Electronic System for Travel Authorization.
    United StatesGovernment, Public Sector
    Faegre & Benson LLP
    Faegre & Benson LLP
  • Article

    HHS Proposes Significant HIPAA Changes

    On July 14, 2010, the Department of Health and Human Services (HHS) published notice of proposed rulemaking to modify the HIPAA privacy, security, and enforcement rules under the Health Information Technology for Economic and Clinical Health (HITECH) Act.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Faegre & Benson LLP
    Faegre & Benson LLP
  • Article

    Kerry and Lieberman Release Draft Climate Bill While EPA Issues Final Tailoring Rule

    The Kerry-Lieberman climate bill has arrived. On May 12, 2010, Sen. John Kerry (D-Mass.) and Sen. Joe Lieberman (I-Conn.) released their long-awaited "discussion draft" of climate change legislation.
    United StatesEnvironment
    Faegre & Benson LLP
    Faegre & Benson LLP
  • Article

    Practical 409A: The Impact Of Disability On Non-Qualified Deferred Compensation Under Code Section 409A

    "Internal Revenue Code Section 409A introduced new rules governing non-qualified retirement plans and other deferred compensation arrangements. In this series of articles, we take an in-depth look at selected issues under Section 409A."
    United StatesEmployment and HR
    Faegre & Benson LLP
    Faegre & Benson LLP
  • Article

    Treasury Issues Executive Compensation Guidance For TARP Recipients

    On June 10, the United States Treasury issued an interim final rule that provides welcome guidance to recipients of financial assistance under the Troubled Assets Relief Program (TARP) regarding the broadened executive compensation restrictions and stricter corporate governance standards imposed by the American Recovery and Relief Act of 2009 (ARRA).
    United StatesEmployment and HR
    Faegre & Benson LLP
    Faegre & Benson LLP
  • Article

    Wyeth v. Levine: The Most Highly Anticipated Pharmaceutical Products Liability Ruling Since 1993

    Next term the United States Supreme Court will decide Wyeth v. Levine—perhaps the most highly anticipated pharmaceutical products liability ruling since the court's 1993 decision in Daubert v. Merrell Dow Pharmaceuticals.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Faegre & Benson LLP
    Faegre & Benson LLP
  • Article

    Accountable Care Organizations: Executive Briefing For Health Care Decision-Makers

    As change in health care moves forward—with or without the imperative of federal legislation—certain outcomes regarding the payment and delivery system seem inevitable
    United StatesFood, Drugs, Healthcare, Life Sciences
    Faegre & Benson LLP
    Faegre & Benson LLP

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