Labor & Employment Law, Conflict of Laws, Finance & Banking

Ninth Circuit Holds that Federal Securities Laws Preempt California Labor Code's Ban on Forced Patronage at Brokerage Firms

by Bram Hanono, Jennifer Redmond, John Stigi | Sheppard Mullin Richter & Hampton LLP on 5/10/2013

In McDaniel v. Wells Fargo Investments, LLC, Nos. 11-17017, 11-55859, 11-55943, 11-55958, 2013 WL 1405949 (9th Cir. Apr. 9, 2013), the United States Court of Appeals for the Ninth Circuit affirmed the dismissal of four class...more

Protecting Privacy or Enabling Fraud? Employee Social Media Password Protection Laws May Clash with FINRA Rules

by Jessica Goldenberg | Proskauer - Privacy & Data Security on 5/9/2013

As a growing number of states pass legislation which will protect individuals’ social media accounts from employer scrutiny, they have encountered a surprising adversary – FINRA and other securities regulators....more

Creditors Can Reach Benefits under "Top Hat" Plan, United States District Court of Maryland Rules

by Katherine Lange | Womble Carlyle Sandridge & Rice, PLLC on 4/17/2013

Executive Summary: ERISA “top hat” plan’s anti-alienation provision does not trump state garnishment laws. A familiar feature of ERISA is its protection of a participant’s retirement savings from creditors; ERISA...more

Ninth Circuit Holds Private Company Rules Preempt California Law

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 4/10/2013

California Labor Code Section 450(a) forbids employers from coercing the patronage of their employees: It provides...more

Bill on Bankruptcy: Who's to Blame for the Hostess Liquidation? [Video]

by Bloomberg Law on 11/21/2012

Nov. 21 (Bloomberg) -- What did the Hostess Brands Inc. labor unions and management know about the company's imminent failure and when did they know it? That's the first topic for discussion on this week's Bloomberg...more

‘Moench’ Ado About Nothing: Circuit Courts Divided on Employer Stock Presumption

by King & Spalding on 9/5/2012

Introduction - Defined contribution retirement plans (such as 401(k), profit sharing and employee stock ownership plans) that invest in qualifying employer securities have a special exemption from a requirement to diversify...more

Employers in Florida Face State-Specific Employee Benefit Plan Issues

by Akerman Senterfitt on 6/4/2012

Employers with Florida employees face certain state-specific employee benefits compliance challenges. While in general ERISA preemption will serve to minimize the number of state laws applicable to the ERISA-governed benefit...more

Recent Case Highlights Split of Authority on Whether Corporate Agreements Can Amend Employee Benefit Plans

by McDermott Will & Emery on 5/15/2012

The U.S. Court of Appeals for the Fifth Circuit recently held that a paragraph in an asset purchase agreement qualified as an amendment to an employee benefit plan, highlighting a split between circuits of the U.S. Courts of...more

"The Termination Provision in Fidelity Insurance Policies: Practitioners Discuss a Split in Authority"

by Duane Morris LLP on 3/6/2012

The Capital Bank & Trust decision enforcing a fidelity bond's termination provision reflects the majority rule that there is no fidelity coverage for loss from an employee's acts when the employer knows in advance of the loss...more

A Plan’s Choice of Law Provision Might Not Trump State Insurance Regulations Banning Discretionary Language

by Lane Powell PC - ERISA Law on 1/31/2012

Can an ERISA plan’s “choice of law” provision trump a state’s insurance regulation banning discretionary review? Sometimes yes, this time no. Here’s the case of Curtis v. Hartford Life...more

The ERISA Litigation Newsletter -- December 2011

by Proskauer Rose LLP on 12/27/2011

IN THIS ISSUE - Editor's Overview - Third Circuit Finds "Inequitable" The Enforceability of a Clear ERISA Welfare Plan Reimbursement Provision That Deprived a Participant of a Full Recovery - District...more

ADA "Impliedly Amended" The National Bank Act's Termination-at-Pleasure Clause

by Proskauer - California Employment Law on 7/1/2011

Quinn v. U.S. Bank, N.A., 196 Cal. App. 4th 168 (2011) Robert Quinn, a former senior vice president of U.S. Bank, alleged he was denied accommodation, harassed and terminated because of a physical disability in violation...more

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Labor & Employment Law › Conflict of Laws › Finance & Banking

Ninth Circuit Holds that Federal Securities Laws Preempt California Labor Code's Ban on Forced Patronage at Brokerage Firms

Protecting Privacy or Enabling Fraud? Employee Social Media Password Protection Laws May Clash with FINRA Rules

Creditors Can Reach Benefits under "Top Hat" Plan, United States District Court of Maryland Rules

Ninth Circuit Holds Private Company Rules Preempt California Law

Bill on Bankruptcy: Who's to Blame for the Hostess Liquidation? [Video]

‘Moench’ Ado About Nothing: Circuit Courts Divided on Employer Stock Presumption

Employers in Florida Face State-Specific Employee Benefit Plan Issues

Recent Case Highlights Split of Authority on Whether Corporate Agreements Can Amend Employee Benefit Plans

"The Termination Provision in Fidelity Insurance Policies: Practitioners Discuss a Split in Authority"

A Plan’s Choice of Law Provision Might Not Trump State Insurance Regulations Banning Discretionary Language

The ERISA Litigation Newsletter -- December 2011

ADA "Impliedly Amended" The National Bank Act's Termination-at-Pleasure Clause

Bill on Bankruptcy: Who's to Blame for the Hostess Liquidation? [Video]

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