01/11/12
Labor and Employment
Providing Health Services Under TRICARE No Longer Creates Affirmative Action Requirements for Health Care Employers
On December 31, 2011, President Obama signed the National Defense Authorization Act for Fiscal Year 2012. A conference report in this Act ends OFCCP's push to expand its jurisdiction by way of TRICARE contracts. The new Section 715 of the conference report states that TRICARE managed care support contracts will not be considered contracts to provide health care services such that these providers become subject to OFCCP jurisdiction.
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01/04/12
Compensation and Benefits/ERISA
Deadline For Reporting Deferred Vested Retirement Benefits Is Fast-Approaching
Retirement Plans Subject to ERISA Vesting Standards Must File Form 8955-SSA by January 17, 2012
Section 6057(a) of the Internal Revenue Code (the "Code") requires plan administrators of retirement plans subject to the vesting standards under the Employee Retirement Income Security Act of 1974 ("ERISA") to report information regarding separated participants with deferred vested benefits that have not commenced. Plan administrators previously met this requirement by filing Schedule SSA as an attachment to the plan's Form 5500 annual return/report. The Department of Labor ("DOL") removed Schedule SSA from Form 5500 for plan years beginning on or after January 1, 2009.
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12/28/11
Technology Law
Health Care Entities Using Social Media: Guidance from the Division of Quality Assurance
Many articles have been written about the legal and business risks associated with the use of social media and web-based email services. However, the risk of using social media is heightened in the health care industry in light of a health care entity's legal and regulatory obligations to protect the privacy and security of health care information. Health care entities need to be particularly familiar with the risks of using social media in the health care industry and methods for reducing those risks.
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11/17/11
Real Estate
The Golden Rules of Negotiating Leases
The only thing that stays the same is change. You have probably heard this phrase used in many contexts, but it has never been more appropriately used than in a recent client meeting regarding the negotiations of a commercial lease renewal. In this particular meeting, we were renegotiating a lease that originally commenced in 2001. As you can imagine, the difference in the economy between 2001 and 2011 resulted in a significantly different negotiation this time around.
Typically, articles written about negotiating commercial leases focus on the negotiations from the viewpoint of either the landlord or the tenant. These articles also tend to focus on the current status of the most frequently negotiated business terms. These business terms tend to vary dramatically depending on factors such as the state of the economy, current vacancy rates, and many others. This article, however, will instead focus on principles ("Golden Rules") that should be adhered to when negotiating a lease regardless of whether you are a landlord, a tenant, or in a landlord or tenant favorable environment.
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11/10/11
Compensation and Benefits/ERISA
2011 Wisconsin Act 49: Wisconsin Tax Law Amended to Conform with Federal Adult Child Coverage Requirements
As expected, Governor Scott Walker has signed legislation to conform the exclusion under Wisconsin state income tax law for health coverage provided to an employee's adult child to the exclusion provided for that coverage under federal income tax law. If an employer's health plan extends coverage to an employee's adult child, then, through the end of the tax year in which the child attains age 26, the employee will not be subject to either federal or Wisconsin state income tax on the value of that coverage. This is the case regardless of whether the child otherwise qualifies as the employee's tax dependent. This change in Wisconsin law is effective for tax years beginning on or after January 1, 2011.
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11/07/11
General
von Briesen Secures 2011 ILTA Emerging Technology Champion Award
November 7, 2011 – Randall D. Crocker, President and CEO of von Briesen & Roper, s.c., today announced that the firm has been awarded the 2011 International Legal Technology Association's (ILTA) Emerging Technology Champion Award. The award was presented to William Caraher, CIO, at the ILTA annual conference in Nashville.
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10/26/11
Compensation and Benefits/ERISA
Wisconsin Insurance Law Amended to Conform with Federal Adult Child Coverage Requirements—State Tax Law Expected to be Amended Soon
Two recent developments under Wisconsin law eliminate disparities with federal law and may simplify health plan administration for Wisconsin employers. First, the Wisconsin insurance law requirement that dependent child coverage be offered to the adult children of covered employees has been amended to conform to the federal adult child coverage requirement. Second, Senate Bill 203, which recently passed both houses of the Wisconsin Legislature and is awaiting Governor Scott Walker's signature, would amend Wisconsin tax law to conform the state income tax exclusion for coverage provided to an employee's adult child to the federal income tax exclusion.
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10/24/11
Compensation and Benefits/ERISA
IRS Announces Retirement Plan Limitations for 2012 Tax Year – Most Limits Increased
The Internal Revenue Service ("IRS") has announced the cost of living adjustments for the 2012 tax year, which affect various dollar limitations for retirement plans. The IRS increased many of these limitations for the first time since 2009. Some limitations remain unchanged. The following chart highlights many of the noteworthy limitations for the 2012 tax year.
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10/10/11
Technology Law
Easy Steps To Avoid Having Your Brand Used In An Adult Website Address
Corporations spend tens of millions of dollars each year to file trademark registrations and to protect their brands. So imagine explaining to the CEO why your trademark is now being used in an adult website (domain name) address.
Domain names are controlled by an international organization known as ICANN—The Internet Corporation for Assigned Names and Numbers. ICANN has the job of assigning names and internet protocol (IP) addresses to websites.
ICANN recently approved the registration of domain names using a (.xxx) suffix for the website address. The (.xxx) suffix was created to be used only by adult websites. This new domain name suffix is intended to make it less likely for a web browser to unwittingly reach an adult website.
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09/23/11
Strategic Risk and Crisis Management
Top 10 Concealed Carry Questions and Answers
Top 10 Concealed Carry Questions and Answers
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