On April 27, 2020, the Delaware Court of Chancery for the third time in a year denied a motion to dismiss a Caremark claim. The case, Hughes v. Hu, involves a derivative claim against the audit committee and officers of a...more
5/29/2020
/ Audit Committee ,
Board of Directors ,
Breach of Duty ,
Caremark claim ,
Derivative Suit ,
Disclosure Requirements ,
Duty of Loyalty ,
Fiduciary Duty ,
Motion to Dismiss ,
Related Parties ,
Shareholder Litigation
The COVID-19 pandemic has led to sharp spikes in demand for basic necessities, alcohol-based disinfecting products, and essential food staples. Consumers have been willing to pay a premium to stock up on these items from both...more
5/29/2020
/ Antitrust Litigation ,
Antitrust Provisions ,
Class Action ,
Coronavirus/COVID-19 ,
Goods or Services ,
Manufacturers ,
Price Gouging ,
Price Inflation ,
Putative Class Actions ,
Retailers ,
Suppliers ,
Supply Chain
We turn once again to the sad and difficult task that plan administrators face when distributing the benefits of a participant who has been murdered by his or her designated beneficiary. Sad for obvious reasons. Difficult...more
2/12/2018
/ Appeals ,
Beneficiaries ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Federal v State Law Application ,
Insanity Defense ,
Interpleaders ,
Pension Funds ,
Plan Administrators ,
Preemption ,
Retirement Plan ,
Slayer Statutes ,
State Law Claims
Even as technology advances and consumers become more accustomed to providing their fingerprints in routine, everyday transactions (such as unlocking their cellular phones), private entities, and employers in particular, are...more
11/20/2017
/ Affirmative Defenses ,
Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Data Collection ,
Data Privacy ,
Employer Liability Issues ,
Employment Policies ,
Facial Recognition Technology ,
Fingerprints ,
Notice Requirements ,
Popular ,
Privacy Policy ,
Risk Mitigation ,
Written Consent
On May 15, 2017, a divided U.S. Supreme Court held in Midland Funding, LLC v. Johnson that a debt collector’s filing of a facially time-barred claim in Chapter 13 bankruptcy proceedings was not a violation of the Fair Debt...more
Following the results of the 2016 presidential election, Bryan Cave’s Public Policy & Government Affairs Team is focusing on the policy implications of the results at both the state and federal level. Team leader Dave...more
“Top hat” plans are plans employers maintain for a “select group of management or highly compensated employees.” These plans are exempt from many of ERISA’s protections, including eligibility, vesting, fiduciary...more
In a rebuke to the Ninth Circuit, the Supreme Court granted the Amgen defendants’ petition for certiorari, reversed the Ninth Circuit’s judgment and remanded the case for further proceedings consistent with its opinion in the...more
1/28/2016
/ Amgen ,
Amgen Inc. v Connecticut Retirement Plans ,
Duty of Prudence ,
Employee Retirement Income Security Act (ERISA) ,
Failure To State A Claim ,
FIfth Third Bancorp v Dudenhoeffer ,
Material Nonpublic Information ,
Motion to Dismiss ,
Pleading Standards ,
SCOTUS ,
Stock Drop Litigation