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Employee Retirement Income Security Act (ERISA) › Rebuttable Presumptions

Tucker Arensberg, P.C.

Individual Owners Held Personally Responsible for Withdrawal Liability Based on Rent-Free Leasing Activity

Tucker Arensberg, P.C. on

The Seventh Circuit recently issued an important decision imposing personal liability on individuals for certain debts of their company pursuant to ERISA’s controlled group rules. In Local 705 Int’l Broth. of Teamsters...more

Morgan Lewis

Supreme Court to Decide Applicability of the “Prudence Presumption” in ERISA Stock Cases: ESOP and 401(k) Plan Sponsors and...

Morgan Lewis on

Introduction - In Fifth Third Bancorp v. Dudenhoeffer, the U.S. Supreme Court will decide whether investments in employer stock are entitled to a “prudence presumption” under the Employee Retirement Income Security Act...more

Proskauer Rose LLP

The ERISA Litigation Newsletter - December 2013

Proskauer Rose LLP on

This month we look at part two of our three part series on Class Actions. In part two, Robert Rachal, Page Griffin and Madeline Chimento Rea address Wal-Mart's Rule 23(b) principles, including some defenses to plaintiffs' use...more

Proskauer - Employee Benefits & Executive...

District Court in Tenth Circuit Adopts Presumption of Prudence

Proskauer - Employee Benefits & Executive... on

A district court in the Tenth Circuit adopted the presumption of prudence in dismissing a class action alleging that the defendants violated their fiduciary duties by allowing participants to continue investing in company...more

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