Insights

On July 4, 2025, President Trump signed into law the One Big Beautiful Bill Act (the OBBBA) which amended a number of Internal Revenue Code provisions related to employee benefits and compensation. Although not an exhaustive list, below are the provisions we expect will have the greatest impact on compensation and benefits for mid- and larger sized employers.

In a significant decision for generic drug manufacturers, the Federal Circuit recently affirmed that litigation expenses incurred in defending Hatch-Waxman patent lawsuits are deductible as ordinary and necessary business expenses under the Internal Revenue Code (IRC). The ruling in Actavis Laboratories FL, Inc. v. United States, No. 23-1320 (Fed. Cir. Mar. 21, 2025), resolves a key tax dispute, allowing tax deductions for these expenses in the year they are incurred rather than capitalizing them over time. This outcome provides clarity and potential tax benefits for qualifying businesses navigating the interplay of patent litigation and FDA drug approvals.

Companies with employees in the Southern California area have several tax-advantageous alternatives when providing employees with disaster relief.  This alert outlines the more common relief programs available under IRS guidance.

As companies strive to attract and retain key talent, the profits interest has become a common form of equity-based compensation for certain companies. The preferential tax treatment afforded to profits interests comes with complexities that must be navigated to avoid various pitfalls. Contrary to popular opinion, they are not “just like stock options.”