The Delaware Court of Chancery (the “Court”) recently issued a decision that is likely to subject director compensation to increased judicial scrutiny, making it easier for shareholders to bring suits against companies for issues regarding their director compensation.

Emerging business models necessitate a care delivery model focused on the total cost of care while ensuring outcomes inclusive of clinical performance, the experience of care and ready access. The advent of a value-oriented payment system (e.g., Accountable Care Organizations, Comprehensive Care Joint Replacement model) requires that the “right” patient receives the “right” care in the “right” place at the “right” time by the “right” provider.

Alvarez & Marsal Taxand, LLC, an affiliate of leading global professional services firm Alvarez & Marsal, announced that Michael Eagan has joined the firm’s federal tax practice as a Managing Director in Washington, D.C., while James Stanley, specializing in mergers and acquisitions, joins as a Managing Director based in San Francisco.

This edition of Tax Advisor Weekly revisits the history of REIT spinoffs by analyzing the PATH Act and the evolution of the Treasury’s position on such transactions

Over the last year, the energy sector has been plagued with low commodity prices. The plunge in crude oil and natural gas prices has in many cases shaved over 50 percent off stock prices of many exploration and production (E&P) companies.

We have been dealing with a lot of aggressive auditors lately — not just aggressive from the standpoint of inflexibility on audit assessments, but aggressive in seeking to dictate the terms of how the audit is going to be managed from their point of view only (or for their convenience). A number of years ago, we wrote an article on managing a state department of revenue auditor and the audit process. We thought a refresher was necessary, given that we are finding that, more often than not, a “fair” auditor or audit may be becoming more the exception versus the rule. This edition of Tax Advisor Weekly focuses on ways a company can manage audit execution without allowing the auditor to manage the company.

Given the volatility we have experienced in the financial markets, many would-be acquirers are understandably wary of taking on defined benefit pension plan risk. This is a risk that no one is eager to take on and that some actively seek to avoid even when the target sponsoring the plan is an attractive asset.

Executive compensation continues to evolve, but the goals remain the same: align the incentives of the shareholders with the executives. Financial engineering will progress in all areas, and executive compensation is not immune. We have seen complex incentive structures created to reward executives for specific performance or market-based achievements. While these structures remain relevant and can be used to tailor an executive’s compensation, we have also observed an increase of standard equity awards with post-vesting restrictions. In general, equity compensation is intended to align the objectives of shareholders and executives. The addition of post-vesting restrictions promotes executive retention and incentivizes stable long-term growth.

International tax practitioner and a senior adviser with Ken Brewer suggests that the periodic adjustment regulations under section 482 may be invalid to the extent that they override the statute of limitations for taxable transfers of intangible property.

This article discusses recent developments in antitrust damages actions in Europe. Years ago, antitrust damages actions were the exception rather than the rule, particularly in continental Europe where disclosure / discovery were largely unfamiliar concepts. This has considerably changed.

The second half of 2015 has been a busy period for partnership taxation. The Treasury issued proposed regulations under the long reserved IRC Section 1.707-2, and Congress passed a new law governing how large partnership audits will be performed. Unfortunately, the two changes when considered together may make life more difficult for many investment funds.

Skilled nursing facilities (SNF) have benefited from the rapid growth of Medicare FFS (Part A) admissions during the past 10 years. Part A payment per day is more than double that of Medicaid and represents the primary driver of profitable growth.

Mr. Goulding specializes in financial and strategic planning, liquidity management and implementation of financial strategies for corporate turnaround and restructuring. With more than 18 years of management consulting, financial restructuring and interim management experience, he advises debtor and creditor clients, both in court and outside of bankruptcy.

Eight years ago, the IRS announced it intended to provide additional regulatory guidance on Internal Revenue Code (IRC) Section 457(f) (IRS Rev. Bull. 2007-32). Section 457(f) applies to nonqualified deferred compensation plans of state and local governments and tax-exempt entities.