Welcome to the first in a series of Ropes & Gray podcasts addressing emerging issues for fiduciaries of 401(k) and 403(b) plans to consider as part of their fiduciary process and litigation risk management strategy.

In this episode, ERISA & benefits partner Josh Lichtenstein, benefits principal David Kirchner and benefits consultant Aneisha Worrell discuss the DOL’s final rules concerning ESG investing and proxy voting and what impact the change in presidential administration may have on the fates of these rulemakings.


Please Join Us!  ABA/IBA/IFA Virtual 22nd Annual U.S. and Europe Tax Practice Trends Conference: Kat Gregor is co-chair of the ABA/IBA/IFA’s Virtual 22nd Annual U.S. and Europe Tax Practice Trends Conference, taking place March 28-April 1, 2022. The conference will focus on practical tax practice trends for multinational corporations and their international advisors as well as provide insight into how government tax officials may view the international tax landscape in light of international developments that affect corporate taxpayers. If interested in attending, please register here.


On December 21, 2020, a bipartisan agreement was reached on the Consolidated Appropriations Act 2021 (CAA or Phase 4 Stimulus), in furtherance of the fourth phase of the federal government’s response to the COVID-19 crisis. (The bill was passed on December 21, 2020 by both the House of Representatives and the Senate.) The key tax provisions of the CAA are summarized in this Alert, and include an expansion of the employee retention credit, an additional deferral of payroll taxes, additional economic impact payments for individuals, and a second round of the Paycheck Protection Program (PPP).

To read the full alert, please click here.


On July 28, 2020, the Treasury Department and the IRS issued final and proposed regulations (the “Final Regulations” and “New Proposed Regulations”) under Section 163(j) of the Internal Revenue Code (the “Code”). The Final Regulations and New Proposed Regulations amend prior proposed regulations issued on November 26, 2018 (the “Prior Proposed Regulations”). Section 163(j) of the Code generally limits business interest expense deductions and was substantially revised by the Tax Cuts and Jobs Act (the “TCJA”), which took effect on January 1, 2018. Section 163(j) was further revised by the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”), which was enacted on March 27, 2020. Our coverage of the TCJA and the CARES Act can be found here and here, respectively. Certain key tax provisions of the CARES Act can be found here.

This client alert provides a high-level overview of some of the key guidance on Section 163(j) contained in the newly released regulations.

Please click here to read the full client alert.

In this episode of Ropes & Gray’s podcast series Disputing Tax, Franziska Hertel, an associate in the tax practice, is joined by Kat Gregor, a tax partner and tax controversy group co-founder, and Brittany Cvetanovich, counsel in the tax practice, to discuss a recent Federal Circuit case, Charleston Area Medical Center, Inc. v. United States, and the interaction between that case and the brand-new proposed regulations on the so-called “three-year carried interest” rule in section 1061 of the Code.