Articles & Updates

Many California employers are paying higher workers’ compensation premiums in 2013. The reason is twofold:
1) insurance carriers have increased rates, and
2) there has been a change in the formula that experience modifications (X-mod) are being calculated by the Workers’ Compensation Insurance Rating Bureau (WCIRB).

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Directors and officers of companies face the possibility that — even if they diligently discharge their duties to their stockholders — their stockholders may still sue them. During the period leading up to an IPO, directors and officers may be particularly concerned about their personal liability because the chance that they will be sued by their stockholders substantially increases once the company’s shares are publicly traded. Recognizing that the risk of personal liability makes being a director or officer of a public company unattractive, most companies purchase director and officer liability insurance, or “D&O Insurance”, to protect their directors and officers. This insurance can in turn help companies recruit and retain good directors and officers.

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When you join the board of a public company, you are making a long-term commitment that carries with it the risk of tarnishing your professional reputation if things go seriously wrong. You might also have to endure the burden on your time of protracted litigation. There is even the possibility of unlimited personal liability. Thus, before joining a board, a systematic approach to conducting your diligence on the company is in order.

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Could abuses of 10b5-1 trading plans become the next corporate governance scandal?

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As August 1st approaches, employers that sponsor an insured group health plan may be receiving a Medical Loss Ratio (“MLR”) rebate from their insurers. Self-funded medical benefit plans are not subject to these requirements. The rebates raise several fundamental questions for employers including:

• How much (if any) of the rebate must be distributed to plan participants?
• How quickly must I distribute the participant’s share?
• What options do I have in distributing the employees’ share?
• What are the tax consequences of the various distribution options that are available?

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Directors and officers of companies face the possibility that — even if they diligently discharge their duties to their stockholders — their stockholders may still sue them. Other parties, including government agencies, can sue directors and officers as well. Recognizing that the risk of personal liability makes being a director or officer of a public company unattractive, most companies purchase director and officer liability insurance, or “D&O Insurance”, to protect their directors and officers. This insurance can in turn help companies recruit and retain good directors and officers.

Download PDF

Directors and officers of companies face the possibility that — even if they diligently discharge their duties to their stockholders — their stockholders may still sue them. Other parties, including government agencies, can sue directors and officers as well. Recognizing that the risk of personal liability makes being a director or officer of a public company unattractive, most companies purchase director and officer liability insurance, or “D&O Insurance”, to protect their directors and officers. This insurance can in turn help companies recruit and retain good directors and officers.

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If you are a CEO, CFO, Board Member or Human Resources professional, you are probably all too familiar with the feelings of anxiety associated with the prospect of further increases in your company-sponsored health care costs. To further complicate the issue, there are a myriad of legal requirements to navigate to avoid exposure to looming litigation and new government mandates. For those of us who hope to attract, satisfy and retain talented employees, there are, however, a variety of solutions and tools that employers can use to reduce plan costs.

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The purpose of the recently passed Jumpstart Our Business Startups Act, also known as the JOBS Act, is to make it easier for companies to raise capital—the life blood of high-growth start-ups.  This Act is good news for smaller companies that want to raise capital.  It also inevitably raises personal liability concerns for directors and officers of the companies raising capital.  Properly addressed, however, these concerns do not have to evolve into actual problems for directors and officers.

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The purpose of the recently passed Jumpstart Our Business Startups Act, also known as the JOBS Act, is to make it easier for companies to raise capital—the life blood of high-growth start-ups.  This Act is good news for smaller companies that want to raise capital.  It also inevitably raises personal liability concerns for directors and officers of the companies raising capital.  Properly addressed, however, these concerns do not have to evolve into actual problems for directors and officers.

Download PDF