Thu.Aug 12, 2021

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M&A Structured Sale

Business Sales M&A

Conducting an M&A Structured Sale is a great way to sell a business particularly if it is receiving a lot of unsolicited interest. At its core, a structured sale is a process where a firm is marketed without a price and generates multiple offers in a short period of time. This then creates an auction for the transaction which simultaneously yields a number of good proposals to choose from.

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When Must Participants Get Spousal Consent to Take a Loan or Distribution?

ThomsonReuters

QUESTION: Some retirement plans seem to require spousal consent whenever a participant takes a distribution. But our 401(k) does not require spousal consent when a participant takes a distribution or a loan. We only require consent if a participant wants to designate a primary beneficiary other than the participant’s spouse. When are 401(k) plans required to obtain spousal consent for distributions to participants?

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IRS Eliminates 2020 Form 5500 Filing Requirement for Certain Retroactively Adopted Retirement Plans

ThomsonReuters

IRS Employee Plans News (Aug. 6, 2021). Available at [link]. The IRS has announced that certain retirement plans adopted retroactively for the 2020 taxable year will not be required to file Form 5500 for 2020. For plans adopted for taxable years beginning after December 31, 2019, the SECURE Act permits employers to elect to treat a plan adopted after the close of a taxable year as if it had been adopted on the last day of the taxable year, provided the plan is adopted by the due date (including

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Discounted Premiums on Individual Disability Policies Do Not Create ERISA Plan

ThomsonReuters

Shrago v. UNUM Life Ins. Co. of Am., 2021 WL 3188320 (D. Md. 2021). Three coworkers purchased individual disability coverage through an insurance broker. At the broker’s suggestion, the coworkers agreed to have their separate policy premiums billed on a single annual invoice in exchange for a premium discount. After one of the three became disabled, the insurer approved only limited benefits.

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How to Leverage Intent Data for Better Outcomes

Speaker: Susan Spencer, Principal of Spencer Communications

Intent signal data can go a long way toward shortening sales cycles and closing more deals. The challenge is deciding which is the best type of intent data to help your company meet its sales and marketing goals. In this webinar, Susan Spencer, fractional CMO and principal of Spencer Communications, will unpack the differences between contact-level and company-level intent signals.

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Court Applies Section 1557 Nondiscrimination Requirements to Insurer’s Entire Operations

ThomsonReuters

Fain v. Crouch, 2021 WL 2657274 (S.D. W.Va. 2021). Two health plan participants sued the plan’s insurer, alleging that the plan’s gender-confirming care exclusion discriminated against transgender individuals in violation of Section 1557 of the Affordable Care Act. Section 1557 prohibits discrimination in “any health program or activity” on the basis of race, color, national origin, sex, age, or disability, and the insurer asked the court to dismiss the case, arguing that it was not a “health pr

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