Michael Spencer

Michael Spencer

Proskauer Rose LLP

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The ERISA Litigation Newsletter - August 2013

In this month's newsletter we address ten important issues to consider when drafting and amending a summary plan description. ...more

8/13/2013 - ERISA Litigation Strategies Summary Plan Description

Fifth Circuit Applies Moench Presumption of Prudence at Motion to Dismiss Stage

The Fifth Circuit recently joined four other circuits (the Second, Third, Seventh and Eleventh Circuits) in holding that the presumption of prudence applicable in employer stock fund cases is appropriately applied at the...more

7/16/2013 - Breach of Duty Commercial Bankruptcy Fiduciary Duty Motion to Dismiss Stock Options

Third Circuit Lowers Bar For Determining Whether Internal Complaint Is SOX Protected Activity

In Wiest v. Lynch, No. 11-cv-4257, 2013 U.S. App. LEXIS 5345 (3d Cir. March 19, 2013), the Third Circuit gave Chevron deference to U.S. Department of Labor Administrative Review Board’s (ARB) interpretation of “protected...more

3/26/2013 - DOL Protected Activity Sarbanes-Oxley SEC Split of Authority Whistleblowers

The ERISA Litigation Newsletter - March 2013

In this Issue: - Editor's Overview - Risk of Addiction Relapse May Entitle Plan Participants to Disability Benefits - Rulings, Filings, and Settlements of Interest ...more

3/13/2013 - Disability Disability Insurance Drug & Alcohol Abuse ERISA Fiduciary Duty Healthcare Indemnification SCOTUS Settlement Standing

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