Latest Articles

On June 16, 2016, the Supreme Court of the United States issued an important decision regarding the implied certification theory of liability under the False Claims Act (FCA) in which it vacated a decision of the US Court of Appeals for the First Circuit and remanded the case for further proceedings in accordance with the opinion.  A copy of the decision can be found here. Because of McDermott’s ongoing role in this active matter,…
Wednesday, June 1, 2016 1:00-2:30 pm EDT Join McDermott partner Kristin E. Michaels at this CLE webinar, which will review the far-reaching impact of the Department of Labor’s (DOL) recent guidelines greatly expanding joint-employer status. The discussion will include the agency’s analysis of horizontal and vertical joint employment and the factors that point to joint-employer liability for wage and hour violations, as well as offer practical and strategic approaches for structuring agreements with subcontractors, independent…
McDermott partner John T. Lutz and associate Chelsea E. Hess were the principal authors of a recent report for the New York State Bar Association Tax Section, “Report on Temporary Regulations Addressing Notional Principal Contracts With Nonperiodic Payments.” The report comments on the temporary and proposed regulations published on May 8, 2015, relating to the treatment of nonperiodic payments made or received pursuant to notional principal contracts (NPCs). Read the report.…
Is a social media promotion part of your organization’s branding plans? Please join Julia Jacobson (McDermott partner and Of Digital Interest editor) and her co-panelists next Tuesday, July 28, 2015, at 2:00 pm for “Sweeps, Contests & Games in Social Media”. The webinar, the second in a three-part series hosted by the Brand Activation Association (a division of the Association of National Advertisers (ANA)) will explore endorsement, intellectual property and privacy legal issues, as well…
Juggling maternity rights and practical employment issues can be notoriously difficult, and has the potential to make what should be a happy event seem rather daunting, for both employer and employee. We see the same questions arise time and again on some particularly thorny maternity topics, including HOW TO: Deal with bonus, commission and holiday entitlement during maternity leave, in a way that is lawful and fairly balances the interests of the new mother, the…
Join McDermott partner, Susan Peters Schaefer, at a Worldwide Employee Benefits Network Chicago Chapter breakfast meeting that will cover operational errors in retirement plans. Mistakes can and do happen, especially in the complex world of retirement plans. In recognition, the U.S. Internal Revenue Service (IRS) created the Employee Plans Compliance Resolution Program (EPCRS) to help retirement plan sponsors fix operational errors either through self-correction or through an IRS application and approval process. In April, the…
McDermott Will & Emery will be holding the next invitation-only Benefits Innovators Roundtable series in our New York office on May 19, 2015. These roundtables offer senior, experienced professionals an opportunity to discuss employer-provided benefits best practices with peers and experienced McDermott employee benefits lawyers. Previous events in this series have led to spirited discussions on a broad range of cutting-edge topics. This session’s topics will include: Lawsuits by health service providers Hot issues in data…
Wednesday, March 26, 2014 Chicago, Illinois Studies show that over 40% of large employers now include a Roth 401(k) feature in their defined contribution plan. New legislation in early 2013, and new IRS guidance issued late in December of 2013, expand the availability of in-plan Roth conversions. While 401(k) record keepers gear up to implement this new feature, now is a good time to take stock of Roth 401(k) and understand whether this is a…