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New Summary of Benefits and Coverage Requirement for Group Health Plans
What is a summary of benefits and coverage (“SBC”)?
Under the Patient Protection and Affordable Care Act (“PPACA”), an SBC that describes the benefits and coverages of each “benefit package” under a group health plan must be provided to participants...
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They Don't Think Like Lawyers
This article was published in the Summer 2012 edition of the Oregon State Bar's Litigation Journal.
During the course of a trial, a lawyer works hard to present evidence and jury instructions to ensure that the jury will view the case from the same...
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New Fee Disclosure Requirements for Plans with Participant-Directed Investments
The Department of Labor (the “DOL”) has issued final regulations that will require fiduciaries of individual account plans with participant-directed investments to periodically disclose to participants certain plan and investment-related information....
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Goodwill Can Be Exchanged if Treated as Real Estate
When attempting to exchange a business, exchanging the goodwill component is often a dead end. Goodwill of two different businesses may never be of like kind. Treas Reg § 1.1031(a)-2(c)(2). Goodwill associated with real estate, however, can generally...
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Corporate Designee Depositions Under ORCP 39 C(6): Be Prepared . . . Or Else
Originally appeared in the OSB Corporate Counsel Section's Corporate Counselor November 2011 issue.
Most attorneys are familiar with ORCP 39 C(6), which allows parties to take the deposition of an organization rather than an individual. But fail to...
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The Magic of Provisional Process
In an economy in which the trial attorney's triumphs are often foiled by an insolvent judgment debtor, prior secured creditors, and bankruptcy, we should all keep in mind the advantages that may be offered to our clients by prejudgment relief in the...
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