Sinead Kelly, Tom Asmar, Nicolas Deguines, Author at The Compensation Connection

Nicolas Deguines

Browsing

Proposed Regulations Implementing the Expanded Definition of “Covered Employee” Under Code Section 162(m)

January 21, 2025 By Sinead Kelly, Tom Asmar and Nicolas Deguines 5 Mins Read

On January 14, 2025, the Internal Revenue Service (“IRS”) published proposed regulations (the “Proposed Regulations”) under Section 162(m) of the Internal Revenue Code (“Code”), which generally limits publicly held companies to a $1 million annual tax deduction for compensation paid to “covered employees” in a taxable year. The Proposed Regulations implement amendments made to Code Section 162(m) by the American Rescue Plan Act of 2021 (the “ARPA”) to expand the definition of “covered employee” to…

Time to Revisit the use of Certain Mandatory Arbitration Provisions in ERISA Plans

September 19, 2024 By Janel Brynda and Nicolas Deguines 7 Mins Read

Two more federal Circuit Courts have weighed in on whether mandatory arbitration provisions with class action waivers are enforceable under the U.S. Employee Retirement Income Security Act of 1974, as amended (“ERISA”). With recent rulings in Cedeno v. Sasson, 100 F.4th 386 (2d Cir. 2024) and Parker v Tenneco, 2024 WL 3873409 (6th Cir. Aug 1, 2024), the Second and Sixth Circuits now join the Third, Seventh, and Tenth Circuits in holding that arbitration provisions…