The United States Court of Appeals recently shed light on when—and under what conditions—a plaintiff may seek a monetary recovery under § 502(a)(3) of the Employee Retirement Income Security Act (ERISA). Section 502(a)(3)...more
In a recent decision, the Colorado Court of Appeals affirmed a lower court’s ruling that a former executive for a credit-card processing company did not breach his employment agreement when he poached company clients, because...more
The U.S. Court of Appeals for the Second Circuit recently held that the creator of The Friday the 13th screenplay could terminate his copyright grant to Horror Inc. (the producer of the movie franchise) and reclaim it. ...more
10/8/2021
/ Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Employee Definition ,
Film Industry ,
Independent Contractors ,
Intellectual Property Protection ,
Movies ,
Screenplays ,
Termination Rights ,
The Copyright Act
At a time when employers are struggling to stay current with ever-changing COVID-19 laws and public health orders, Colorado has enacted a new Public Health Emergency Whistleblower (PHEW) law on the heels of its sweeping new...more
A U.S. District Court in Connecticut recently issued an order that highlights the importance of understanding exactly what the term “medically necessary” means in an ERISA health plan....more
12/6/2019
/ Affordable Care Act ,
Compensation & Benefits ,
Eligibility Determination ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Health Insurance ,
Medical Necessity ,
Policy Terms ,
Qualified Health Plans ,
Third-Party ,
TPAs
On July 15, 2019, the U.S. Court of Appeals for the Tenth Circuit touched on the new regulations governing what constitutes a “full and fair review” of a claim for benefits under the Employee Retirement Income Security Act....more
The Colorado Court of Appeals recently decided an issue of first impression regarding noncompetition and nonsolicitation agreements. The decision in 23 LTD v. Herman highlights an important consideration for Colorado...more
8/8/2019
/ Appeals ,
Confidential Information ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
First Impression ,
Hiring & Firing ,
Job Applicants ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
State and Local Government
The Second Circuit sent shock waves through the community of ERISA stock-drop practitioners late last year in Jander v. Retirement Plans Committee of IBM by finding plan participants had plausibly alleged a breach of duty of...more
7/26/2019
/ 401k ,
Breach of Duty ,
Certiorari ,
Duty of Prudence ,
Employee Retirement Income Security Act (ERISA) ,
ESOP ,
Fiduciary Duty ,
IBM ,
Pleading Standards ,
Retirement Plan ,
SCOTUS ,
Stock Drop Litigation ,
Stock Ownership
The U.S. Court of Appeals for the Fifth Circuit recently addressed “the labyrinthine complexities of ERISA law and practice.” Manuel v. Turner Industries Group, LLC, et al., No. 17-30835 (5th Cir. Oct. 1, 2018). ...more
The U.S. Court of Appeals for the Seventh Circuit recently addressed whether a company’s liquidation plan violated the Age Discrimination in Employment Act (ADEA) because it caused a disparate impact on older workers. ...more
9/27/2018
/ ADEA ,
Age Discrimination ,
Appeals ,
Collective Bargaining Agreements (CBA) ,
Corporate Counsel ,
Disparate Impact ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Liquidation ,
Retirement ,
Unemployment Benefits ,
Unions
In the past two years, more than 16 prominent colleges and universities across the country have been targeted by class action lawsuits filed under the Employee Retirement Income Security Act (ERISA) challenging the fees and...more
8/13/2018
/ 401k ,
Colleges ,
Duty of Loyalty ,
Duty of Prudence ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Excessive Fees ,
Fiduciary Duty ,
Investment Management ,
Popular ,
Retirement Plan ,
Universities
On October 30, 2017, the U.S. Court of Appeals for the Tenth Circuit held that a moving party is not excused from showing irreparable harm prior to the issuance of a preliminary injunction in a trade secret misappropriation...more
11/7/2017
/ Appeals ,
Corporate Counsel ,
Defend Trade Secrets Act (DTSA) ,
Employment Litigation ,
Injunctive Relief ,
Intellectual Property Protection ,
Irreparable Harm ,
Misappropriation ,
Preliminary Injunctions ,
Trade Secrets ,
Uniform Trade Secrets Acts
On June 5, 2017, in a split decision to be published, the U.S. Court of Appeals for the Tenth Circuit held that the plaintiff bears the burden on each element of its Employee Retirement Income Security Act of 1974 (“ERISA”)...more
A New York federal court recently sided with the Equal Employment Opportunity Commission (“EEOC”) as to whether a company’s internal conflict-resolution program was religious in nature. Because the program—called...more
On April 12, 2016, a district court in Nebraska rejected the religious accommodation claims advanced by a member of the Church of the Flying Spaghetti Monster.1 In denying the religious accommodation claims, the court was...more
4/26/2016
/ Compelling Governmental Interest ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Protection ,
Free Exercise Clause ,
LGBTQ ,
Prison ,
Religious Accommodation ,
Religious Discrimination ,
Religious Freedom Restoration Act (RFRA) ,
RLUIPA ,
Substantial Burden ,
Title VII ,
Undue Burden
A growing number of states are tightening conditions on restrictive covenants. The start of 2016 saw Oregon and Alabama enact higher barriers to the enforcement of non-compete agreements in those states. As of March 22,...more
For the third time in four years, the U.S. Supreme Court will hear a challenge to a portion of the Affordable Care Act (ACA), President Obama’s signature health reform law passed in 2010. On November 6, 2015, the Supreme...more
In a unanimous decision, the U.S. Supreme Court in Tibble v. Edison International held that plan fiduciaries owe an ongoing duty to review plan investments periodically to ensure compliance with their obligations under the...more
In an opinion with mixed implications for both insurers and health care providers, the U.S. Court of Appeals for the Ninth Circuit recently ruled that when plan beneficiaries assign their claims for payment of benefits to...more
In Anderson v. DHL Retirement Pension Plan, the Ninth Circuit followed the First Circuit in finding that the elimination of the right to transfer an account balance from a defined contribution plan to a defined benefit plan...more
On June 30, 2014, the U.S. Supreme Court ruled that closely held, for-profit entities with religious objections to certain aspects of the birth control mandate imposed by the Patient Protection and Affordable Care Act ("the...more
In 2011, the U.S. Supreme Court recognized, for the first time, that some forms of equitable relief could lead to an award of a monetary payment for breach of fiduciary duty under section 502(a)(3) of ERISA, 29 U.S.C. section...more
“[R]easonable accommodations…are all about enabling employees to work, not to not work.” This fundamental insight guides the recent decision by the U.S. Court of Appeals for the Tenth Circuit, holding that a six-month,...more
In 2010, the New Jersey Supreme Court created a qualified privilege for an employee taking documents to support an employment discrimination suit. However, this past December, in State of New Jersey v. Ivonne Saavedra, the...more
The transition of many companies from using traditional "final average pay" plans to "cash balance" pension plans in the last two decades has created significant employee discontent, and therefore substantial litigation. ...more