Publications

• Loan Participations and Statement 166 – Be Careful!
  

  Author: John Alan Lewis

  Important new accounting rules for community banks selling loan participations went into effect on January 1, 2010. The Financial Accounting Standards Board (“FASB”) in June of 2009 adopted new guideline, Statement 166, amending Statement No. …

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• Considerations for Due Diligence and Monitoring Benefit Plan Claims Administrators
  

  Author: Tod D. Yeslow

  Being that the delegation of the discretionary function of claims processing is a fiduciary act, plan fiduciaries are responsible to routinely monitor their third party claims administrator’s processes and performances and make the affirmative determination …

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• The Loss Of The Creditors’ Rights Endorsement For Title Insurance Purposes
  

  Author:  John Alan Lewis

  FNMA no longer requires creditors’ rights endorsements for loans it purchases and, if rumors can be trusted, the American Land Title Association will soon eliminate the ALTA 21 Creditors Rights Endorsement available for the 2006 …

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• Dirt Law at Ground Level
  

  Author: W. Christopher Barrier

  Lawyer Coon Dog Twichell was in a contemplative mood, gazing out the window of his office. His view focused on a row of Bradford pear trees whose leaves autumn had turned to shades ranging from burgundy …

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• COBRA Subsidy – Tax Credits
  

  Author: Tod Yeslow

  The IRS has provided guidance on taking an employment tax credit equal to the 65% COBRA subsidy paid on behalf of a former employee who is receiving a COBRA subsidy. Under the American Recovery and Reinvestment Act …

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• COBRA Coverage Subsidy Extended
  

  Author: Tod Yeslow, Jeff Dixon

  The federal subsidy for COBRA continuation coverage is now extended to employees who lose group health plan coverage because of an involuntary separation of employment between December 31, 2009, and February 28, 2010. The …

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• IRS: New Rules for Excise Taxes
  

  Author: Tod Yeslow

  Effective January 1, 2010, the Internal Revenue Service establishes the manner and method for the payment of excise taxes for certain uncorrected operational failures under Group Health Plans, HSAs, and Archer MSAs. In a recently issued Treasury …

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• Medicare Reporting Program Underway for Entities Required to Report Payments
  

  Author: Megan Gammill

  Under the Medicare Secondary Payer Act (MSP), Medicare is entitled to reimbursement of amounts paid to personal injury victims where another entity is primarily responsible for the payment. Such entities typically include civil defendants and their insurers. …

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• A Place to Call Home: Siting Manufactured Housing in Arkansas
  

  Author: Walter G. Wright, Harold W. Hamlin
  Source: Vol. 44 No. 4/Fall 2009 The Arkansas Lawyer

  The typical Arkansan probably considers the ownership of a home one of his or her most important goals or accomplishments. Likewise, most Arkansas communities …

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• Flag on the Play! Penalties, Late Charges and Attorney’s Fees in Arkansas
  

  Author: W. Christopher Barrier
  Source: Vol. 44 No. 4/Fall 2009 The Arkansas Lawyer

  Penalties on the diamond, gridiron, court or rink are intended to discourage undesirable behavior, from delay of the game to spearing with a hockey stick. In the legal …

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