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Employee Retirement Income Security Act (ERISA) › Defense Strategies

Proskauer Rose LLP

2 ERISA Rulings Highlight Need for Different Defense Tactics

Proskauer Rose LLP on

Albert Einstein is famously credited with saying, "Insanity is doing the same thing over and over and expecting different results." This adage comes to mind as defense counsel continue to resort to the same strategies for...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Sixth Circuit Rules Interest Rate Methodology Selected by Plan Actuary in Withdrawal Liability Calculation Violates ERISA

Ogletree, Deakins, Nash, Smoak & Stewart,... on

In a rare victory for employers that participate in multiemployer pension plans, the Sixth Circuit Court of Appeals held that the interest rate memorialized in the Segal Blend actuarial assumption was inappropriate to use in...more

Robinson+Cole Class Actions Insider

Supreme Court Decision on ERISA Statute of Limitations May Help Defendants Defeat Class Certification

Robinson+Cole Class Actions Insider on

Believe it or not, the Supreme Court of the United States just decided whether “to have ‘actual knowledge’ of a piece of information, one must in fact be aware of it.” The Court said “yes,” and it was unanimous. Most...more

Seyfarth Shaw LLP

5 Key Trends In Workplace Class Action Litigation For 2019: Trend #1 Class Certification Trends In 2019

Seyfarth Shaw LLP on

Seyfarth Synopsis: As detailed in our 2020 Workplace Class Action Litigation Report, 2019 was an interesting year for employers in terms of class certification rulings. Plaintiffs achieved the highest numbers of initial...more

American Conference Institute (ACI)

[Event] ERISA Litigation – Valuable insights on how to prevent, manage and defend against rising, costly ERISA disputes - November...

American Conference Institute (ACI) on

Ensure that You are Equipped with the Latest Updates and Strategies to Prevent, Manage and Defend Against Rising, Costly ERISA Disputes - This annual event is your best opportunity to gain best practices for your everyday...more

Orrick, Herrington & Sutcliffe LLP

Checklist for Strengthening Your Defenses to 401k Plan Class Actions

Orrick, Herrington & Sutcliffe LLP on

The last ten years have seen a proliferation of high-profile class actions alleging breach of ERISA fiduciary duties of prudence and loyalty against plan fiduciaries. The claims are usually based upon alleged excessive...more

Jackson Lewis P.C.

What Does the Supreme Court’s Spokeo Decision Mean in the ERISA Litigation Context?

Jackson Lewis P.C. on

ERISA practitioners should be aware of the extent to which the United States Supreme Court’s decision in Spokeo, Inc. v. Robins may touch on ERISA claims and defenses. In Spokeo, decided 6 to 2 last month, the Supreme Court...more

Morrison & Foerster LLP

Ninth Circuit Limits Key Defense in ERISA Stock Drop Cases

Morrison & Foerster LLP on

On June 4, 2013, the Ninth Circuit issued an opinion in Harris v. Amgen, reversing an order granting a motion to dismiss and reviving a class action ERISA lawsuit based on allegedly imprudent investments in company stock. In...more

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