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Cooley Godward Kronish
January 9, 2009
This Alert reviews year-end reporting requirements imposed by the IRS with respect to incentive stock options and employee stock purchase plans and looks ahead to enhanced disclosure requirements in respect of information statements that will come into effect next year.

Section 6039(a) of the Internal Revenue Code of 1986 currently requires a corporation to annually ...

Reminder: Information Statements Due by January 31, 2009 for 2008 Incentive Stock Options and Employee Stock Purchase Plan Transactions

Morrison & Foerster
January 7, 2009
This Alert reminds public and private companies which grant incentive stock options or maintain a tax advantaged employee stock purchase plan that they must provide information statements to employees (current or former) who exercised incentive stock options or transferred previously acquired employee stock purchase plan stock during 2008. Deadline for providing statements is January 31, 2009.

The Alert includes a list of ...

China

Opening Up for Equity Incentives

Orrick
November 13, 2008
This Alert delves into the emerging, but far from clear, regulatory landscape for equity incentives in the PRC.

Of particular interest was the Alert’s reference to recent informal discussions between U.S. companies and China ...

Underwater Options: Using Option Exchange Programs to Maintain Incentive and Retention Goals

Vinson & Elkins
Employee Benefits and Executive Compensation Practice Update
October 27, 2008
This Update examines underwater options in light of the credit crisis and issues to be considered by companies looking at option exchange programs as a means to (once again) achieve employee incentive and retention goals.

Please see our Read more...

Repricing Underwater Stock Options

White & Case
October 16, 2008
This Alert looks at issues that must be considered by companies looking to reprice underwater options in light of “the significant regulatory, accounting and market practice developments that have occurred since the last repricing wave in 2001 and 2002” and the approaching proxy season. A lot of "options" and detail for both US and foreign private issuers in this excellent memo and a brief discussion of an alternative ...

Rule 10b5-1 Plans: Recommended Guidelines for Managing Risks in the Current Environment

Latham & Watkins
Client Alert
August 18, 2008
This Alert provides useful guidance as to the management of 10b5-1 plans in an environment where they are increasingly the subject of regulatory and media scrutiny. Also a very good primer on the nature of the plans and how they work.

Please see our Hot Topics for more on this subject.

Employee Stock Purchase Plans: IRS Issues Proposed Regulations

Latham & Watkins
Client Alert
August 7, 2008
This Alert reviews the the Internal Revenue Service's proposed regulations under Section 423 of the Internal Revenue Code (the Code) relating to options to purchase shares of stock granted under an employee stock purchase plan. The Alert notes that the “proposed regulations clarify the existing regulations, add various illustrative examples and conform certain provisions of the existing regulations to the final regulations applicable to incentive stock options under Section 422 of the Code, which were issued in 2004.”

IRS Issues Proposed Regulations under Section 6039 of the Internal Revenue Code

Latham & Watkins
Tax Department: Benefit & Compensation Update
August 5, 2008
This Update examines the the Internal Revenue Service’s proposed regulations under Section 6039 of the Internal Revenue Code (the Code), which provide guidance on obligations relating to the transfer of shares of stock pursuant to the exercise of an incentive stock option, or the transfer by employees of shares of stock that were purchased under an employee stock purchase plan.

Employment/Human Resources Sub-Menu

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Hot Topics: Employment/Human Resources

New & Proposed Legislation/Regulation
•	The HIRE Act
•	DOL's "Plan, Prevent, Protect" Compliance Program
•	Health Care Reform: All Employer-related Alerts
•	Health Care Reform: Group Health Plans
•	Health Care Reform: Nursing Mothers
•	Health Care Reform: Adult Children
•	Increased Scrutiny on Internships
•	IRS's Employment Audits & Employee/Contractor Misclassification Initiatives
•	EEOC Proposes Regulation Defining “Reasonable Factors Other Than Age” Defense under ADEA
•	IRS's Final Regulations For Employee Stock Purchase Plans
•	FMLA Overhaul
•	DHS Shifts Prosecution Focus From Illegal Workers To Their Employers
•	Lily Ledbetter & Paycheck Fairness Acts
•	Amendments to Children’s Health Insurance Program (CHIP)
•	Employee Free Choice Act
•	Mental Health Parity Act
•	Genetic Information & Nondiscrimination Act (GINA)
•	The Americans With Disabilities Act (ADA & ADAAA)
•	Amended COBRA & Extended Health Care Benefits
•	DOL's Model Notices for COBRA
•	Worker, Retiree, and Employer Recovery Act of 2008
•	Visa Waiver Program & ESTA
•	E-Verify Rules
•	Trio (now Quartet) of Labor Orders For Federal Contractors
•	DHS's "No Match" Rules
•	IRS's Rule 409A: Deferred Compensation
Employee Litigation
•	Granite Rock Co. v. Intl Brotherhood of Teamsters
•	Lewis v City of Chicago & Timing of EEOC Disparate Impact Claims
•	Dukes v Wal-Mart: 9th Circuit Certifies Discrimination Class Action
•	Quon & Fourth Amendment Rights in a Communication Age
•	Ricci v DeStefano & Reverse Discrimination
•	9th Circuit's Van Asdale on S-Ox Whistleblower Claims
•	Gross v FBL: Supreme Court Requires "But For" Causation in Age Discrimination Cases
•	Hulteen: Pregnancy Discrimination Act Not Retroactive
•	Crawford & Retaliation under Title VII
•	14 Penn Plaza: Arbitration Requirement in CBA Upheld
•	Register-Guard v. NLRB: NLRB Wrong About Union E-mails
•	Huston v Procter Gamble: Senior Management & Liability for Sexual Harassment
•	Starbucks and the Pooling of Employee Tips
•	Does Two Member NLRB Have Authority to Issue Orders?
•	EEOC: Wellness Programs Can Violate ADA
•	Edwards v Arthur Anderson: Non-Competes in California
•	Golden Gate & San Francisco's "Pay or Play" Ordinance
•	Sullivan v Oracle: Reach of California Labor Code
•	Brinker, California & Meal Periods
•	*Indemnification of Directors (Schoon, Levy* & Others)**
•	Solis v Summit: OSHA's General Contractor Liability
The Crisis
•	Underwater Options
•	Workforce Reductions
•	EEOC Issues Guidance on Separation Agreements
•	RIFS & "Partial Plan Terminations"
•	Outsourcing & The Crisis
Pensions & ERISA
•	Hardt v Reliance Standard & Rules for Attorney's Fees under ERISA
•	IRS's 401(k) Compliance Questionnaires
•	Target Funds
•	Conkright v. Frommert & Deference to ERISA Plan Administrators
•	Roth IRA Conversion Opportunity
•	DOL OKs Use Of Summary Prospectus For 401(k) Participants
•	IRS's New Model 402(f) Notices & Safe Harbor Language
•	IRS Allows 401(k) Sponsors to Suspend/Reduce Safe Harbor Non-Elective Contributions
•	ERISA & Exemptions to Investment Advice Regulation
•	The Ex-Spouse Kennedy & ERISA Rights
•	Deere, ERISA & Plan Fees
•	DOL's Model Funding Notice & Guidance for Defined Benefit Plans
•	ISO and ESPP: Annual Notice & Disclosure
•	IRS's Section 403(b) & Tax-Deferred Annuity Plans
•	Section 162(m) Plans
Key State Developments
•	The Arizona Immigration Law
•	Zakrzewska v. The New School: Strict Liability for NY Managers as to Harassment Claims
•	Schachter v Citigroup: California Court Upholds Terms of Voluntary Equity Plan
•	Hernandez v. Hillsides: Guidance on Workplace Surveillance
•	*New Jersey's Stengart* & The Ownership of E-mails**
•	New York's "Broadcast Employees Fredom to Work Act"
•	NY WARN Act
•	New York's Written Notice of Pay Requirements
•	New York's Criminal Background Check/Hiring Rules
•	California's Computer-Professional Exemption
Miscellaneous
•	The New NLRB
•	Garden Leave Clauses
•	H1N1: Getting Ready