Winter Newsletter 2019

On December 19, 2019, in a split decision in Texas v. United States, the Fifth Circuit held that the Individual Mandate (“Mandate”) of the Patient Protection and Affordable Care Act (“ACA”) became unconstitutional when Congress zeroed out the penalty, but vacated the district court’s decision that the ACA itself was unconstitutional without the Mandate. 

Tax partner and tax controversy group co-founder Kat Gregor, senior tax attorney Ariella Mutchler and tax & benefits associate Ningzhou Shen co-authored an article recently published by Law360 titled “OECD Digital Tax Plan Shifts Tax Risk For Asset Managers.”

The piece examines how the Organisation for Economic Cooperation and Development (OECD)’s digital tax plan shifts

Eleven years after its portfolio company’s bankruptcy triggered a multiemployer pension plan’s demand that funds sponsored by private equity firm Sun Capital Advisors, Inc. (“Sun Capital”) pay the portfolio company’s $4.5 million ERISA withdrawal liability, Sun Capital has won a long-sought victory. On November 22, 2019, a three-judge panel of the First Circuit held that