John D. Martini

John D. Martini

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Unanimous Supreme Court Decision Paves Way for 401(k) Plan Lawsuits

On May 18, 2015, the U.S. Supreme Court rendered a unanimous decision that may pave the way for more lawsuits against ERISA plans alleging a breach of fiduciary duty regarding plan fees and choice of investment alternatives....more

5/26/2015 - 401k ERISA Fiduciary Duty Popular Retirement Plan SCOTUS Statute of Limitations Tibble v Edison Int

Litigation Alert: Trust/Owner Not 'Trade or Business' for Withdrawal Liability Purposes

Pacific Coast Shipyards Pension Fund v. Nautical Engineering, Inc. - On January 13, 2014, the U.S. District Court for the Northern District of California (the "District Court") granted a motion to dismiss, holding that...more

1/23/2014 - ERISA Multi-Employer Pensions Pensions Trustees Trusts Withdrawal Liability

Department of Labor Issues Guidance Affecting Same-Sex Marriages

On September 18, 2013, the United States Department of Labor ("DOL") issued EBSA Technical Release 2013-04 ("Release"), which provides that same-sex couples who enter into marriages in jurisdictions that recognize such...more

10/1/2013 - DOL DOMA EBSA ERISA IRS Same-Sex Marriage State of Celebration US v Windsor

The DOMA Decision – Employee Benefit Plans Bracing for Impact

On June 26, 2013, the United States Supreme Court issued a landmark decision regarding same-sex marriage. While welcomed by proponents of marriage equality for same-sex couples, the decision left many unanswered questions...more

7/12/2013 - Civil Unions DOMA Domestic Partnership Employee Benefits Equal Protection ERISA Estate Tax Healthcare Marriage Retirement Plan Same-Sex Marriage SCOTUS US v Windsor

PBGC Issues Proposed Rule on Reportable Events

On April 3, 2013, the Pension Benefit Guaranty Corporation ("PBGC") issued a proposed rule amending its existing reportable events rule that it expects will exempt more than 90 percent of pension plans and sponsors from many...more

5/1/2013 - ERISA PBGC Pensions Reporting Requirements

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