In June 2019, a unanimous Supreme Court in Kisor v. Wilkie retained but limited the scope of Auer deference – the court-created doctrine that courts should defer to an agency’s interpretation of its own regulations or other...more
9/24/2019
/ Administrative Agencies ,
Administrative Interpretation ,
Administrative Procedure Act ,
Auer Deference ,
Chevron Deference ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employment Litigation ,
Fiduciary Rule ,
Judicial Review ,
Kisor v Wilkie ,
Reasonable Interpretations ,
SCOTUS
On June 4, 2019, the US Supreme Court granted the petition for writ of certiorari of the defendant fiduciaries in Retirement Plans Committee of IBM, et al. v. Larry W. Jander, No. 18-1165. The justices will review the Second...more
6/13/2019
/ 401k ,
Benefit Plan Sponsors ,
Breach of Duty ,
Disclosure Requirements ,
Employee Retirement Income Security Act (ERISA) ,
Failure To Disclose ,
FIfth Third Bancorp v Dudenhoeffer ,
Petition for Writ of Certiorari ,
Pleading Standards ,
Retirement Plan ,
Stock Drop Litigation