Civil Procedure, Labor & Employment Law, Business Torts

Second Circuit Further Curtails Duty of Prudence Claims in Saint Vincent Catholic Medical Centers v. Morgan Stanley

by Jennifer Clark, Angelo Savino | Cozen O'Connor on 5/8/2013

In a line of recent cases, the 2nd Circuit has limited ERISA plaintiffs’ claims for breach of the duty of prudence by holding that investments of benefit plan funds in employer securities pursuant to plans calling for such...more

Court Upholds Validity of ERISA Fiduciary Indemnification

by David Ackerman, John Kober | Morgan Lewis on 5/7/2013

Ruling rejects DOL challenge of an agreement by a 100% ESOP-owned company to advance defense costs and indemnify a trustee....more

C.D. Cal. Greenlights SOX Claim, Analyzing Whether Scienter Must Be Shown Where Violation Of Internal Controls Is Alleged

by Noa Baddish, Harris M. Mufson, Steven J. Pearlman | Proskauer - Whistleblowing & Retaliation on 5/7/2013

On April 24, 2013, the U.S. District Court for the Central District of California issued its final ruling that a SOX whistleblower complaint survived a Rule 12(b)(6) challenge. Zulfer v. Playboy Enterprises, Inc., No....more

Missouri Court of Appeals Joins Majority of Federal Courts in Holding the Prohibition Against Evidence of Subsequent Remedial...

by Williams Venker & Sanders on 4/25/2013

In a matter of first impression, the Missouri Court of Appeals for the Eastern District has held the exclusionary rule barring evidence of subsequent remedial measures does not apply when the remedial measure was implemented...more

Whistleblowers Protected Even If Employers Don't Violate Securities Laws, 3rd Circuit Says

by Marta Moakley | XpertHR - Partnered with LexisNexis on 4/23/2013

An employer need not actually violate the Sarbanes-Oxley Act (SOX) for its employees to receive SOX whistleblower protections, the 3rd Circuit Court of Appeals has ruled. Wiest v. Lynch, +2013 U.S. App. LEXIS 5345 (3d Cir....more

The Illinois Supreme Court 2012: The Year in Review

by Kirk Jenkins | Sedgwick LLP on 4/22/2013

During 2012, the Illinois Supreme Court filed seventy-one written opinions, thirty-nine in civil cases. Although the total opinion output was down somewhat from recent years, this represents the Court's highest number of...more

Seventh Circuit Explains Non-Moving Party's Burden in Opposing "Somewhat Tricky" Summary Judgment Argument

by Williams Venker & Sanders on 4/16/2013

In a recent opinion, the Seventh Circuit noted parties served with summary judgment motions often misconceive what is required of them to effectively oppose the motion, and "such misunderstandings can have harsh consequences...more

De-Risking On Trial? U.S. Verizon Litigation Still Active

by Carol Buckmann | Osler, Hoskin & Harcourt LLP on 4/12/2013

In our March 13 webinar on de-risking defined benefit pension plans, I stated that the U.S. litigation launched by a group of Verizon retirees challenging the annuitization of their pensions was not dead, even though a...more

The ERISA Litigation Newsletter - April 2013

by Stacey Cerrone, Amy Covert, Russell Hirschhorn, Robert Rachal, Myron Rumeld, Howard Shapiro | Proskauer Rose LLP on 4/12/2013

Editor's Overview - The importance of clear and unambiguous plan language cannot be overstated. The Second Circuit recently applied this well-established principle to conclude that a plan's administrative claims process must...more

Monetary Damages Potentially Available For Inadequate Disclosure

by Brian S. Neulander | Proskauer - ERISA Practice Center on 4/10/2013

In Weaver Bros. Ins. Assoc., Inc. v. Braunstein, No. 11-5407, 2013 WL 1195529 (E.D. Pa. Mar. 25, 2013), a district court denied the plan administrator’s motion for judgment on the pleadings, ruling that monetary relief may be...more

Court Dismisses Another Say-On-Pay Disclosure Case

by Jill Radloff | Leonard, Street and Deinard - Dodd-Frank and... on 4/9/2013

The District Court for the Northeastern District of Illinois recently granted a Rule 12(b)(6) motion to dismiss an action styled Noble v. AAR Corp. The plaintiff alleged that the company failed to provide adequate...more

SOX Whistleblower Protection Expanded by a Federal Appeals Court

by Katherine H. Marques, Michael Starr | Holland & Knight LLP on 4/8/2013

A federal appeals court recently made it substantially easier for plaintiffs to assert claims that they were fired for "whistleblowing" activity protected by the Sarbanes-Oxley Act ("SOX"). In Wiest v. Lynch, 2013 WL 1111784...more

Ninth Circuit Decides Selection Of Retail Mutual Funds Was A Breach Of Fiduciary Duty

by Jeffrey P. Cairns | Leonard, Street and Deinard - Employee... on 4/2/2013

On March 21, 2013 the Ninth Circuit Court of Appeals issued its opinion in Tibble v. Edison International, in which the Court ruled that the plan fiduciaries of the Edison 401(k) Savings Plan (the “Plan”) had breached their...more

U.S. Supreme Court Invites Solicitor General’s Views on Whether to Grant Review of Case Addressing Two Key Issues in ERISA...

by Paul Flum, Raymond Hasu | Morrison & Foerster LLP on 4/1/2013

On March 25, 2013, the U.S. Supreme Court invited the U.S. Solicitor General to express its views on whether the Court should grant a certiorari petition in Dudenhoeffer v. Fifth Third Bancorp, et al., No. 12-751. Although...more

Court Rewrites Plan to Increase Benefits

by King & Spalding on 3/29/2013

The Supreme Court’s 2011 CIGNA v. Amara decision suggested that an employer’s pension plan could be rewritten to remedy the employer’s failure to fulfill its disclosure obligations under the Employee Retirement Income...more

Ninth Circuit Rules on Breach of Fiduciary Duty Claim in Investment Options Case

by Anthony Cacace | Proskauer - ERISA Practice Center on 3/29/2013

In Tibble v. Edison Int’l, 10-cv-56406, 2013 WL 1174167 (9th Cir. Mar. 21, 2013), the Ninth Circuit Court of Appeals ruled that 401(k) plan fiduciaries breached their duty of prudence in selecting investment options for the...more

Who Owns Your Online Persona?

by Wayne Chang, Paul Cowie | Sheppard Mullin Richter & Hampton LLP on 3/27/2013

Originally published in The Recorder on March 22nd, 2013. Eagle v. Morgan, 2013-11-4303 (E.D. Pa. 2013), represents one of the first trials on the issue of who owns social media accounts: the individual employee who...more

Punitive Damages Exception Recognized to General Rule Precluding Direct Liability Against Employers who Admit Vicarious Liability...

by Williams Venker & Sanders on 3/26/2013

The Court of Appeals for the Western District of Missouri has answered in the affirmative a question left open by the Missouri Supreme Court almost two decades ago: whether a claim for punitive damages can in fact serve as an...more

Home

Legal News

Find a Lawyer

Browse Subjects

Subscribe

Pro Services

For Reporters

Civil Procedure › Labor & Employment Law › Business Torts

Second Circuit Further Curtails Duty of Prudence Claims in Saint Vincent Catholic Medical Centers v. Morgan Stanley

Court Upholds Validity of ERISA Fiduciary Indemnification

C.D. Cal. Greenlights SOX Claim, Analyzing Whether Scienter Must Be Shown Where Violation Of Internal Controls Is Alleged

Missouri Court of Appeals Joins Majority of Federal Courts in Holding the Prohibition Against Evidence of Subsequent Remedial...

Whistleblowers Protected Even If Employers Don't Violate Securities Laws, 3rd Circuit Says

The Illinois Supreme Court 2012: The Year in Review

Seventh Circuit Explains Non-Moving Party's Burden in Opposing "Somewhat Tricky" Summary Judgment Argument

De-Risking On Trial? U.S. Verizon Litigation Still Active

The ERISA Litigation Newsletter - April 2013

Monetary Damages Potentially Available For Inadequate Disclosure

Court Dismisses Another Say-On-Pay Disclosure Case

SOX Whistleblower Protection Expanded by a Federal Appeals Court

Ninth Circuit Decides Selection Of Retail Mutual Funds Was A Breach Of Fiduciary Duty

U.S. Supreme Court Invites Solicitor General’s Views on Whether to Grant Review of Case Addressing Two Key Issues in ERISA...

Court Rewrites Plan to Increase Benefits

Ninth Circuit Rules on Breach of Fiduciary Duty Claim in Investment Options Case

Who Owns Your Online Persona?

Punitive Damages Exception Recognized to General Rule Precluding Direct Liability Against Employers who Admit Vicarious Liability...

Third Circuit: Securities Fraud Liability May Be Imputed To Employer Whose Employee Ran Ponzi Scheme On The Side

How Graphics Help the President Persuade and Can Help Attorneys Too

California Supreme Court Gives California’s Unfair Competition Law More Coverage

Legal Project Management Can Reduce Cost and Future Expense

The Common Law Release Rule Meets Its Demise In California

Employee's Report to Human Resources is Protected by SLAPP Statute

Precision Required for Government Tort Claims Act

Expand Your Reach