As we wrote in a previous On the Subject, the Ninth Circuit Court of Appeals had signaled that it might rehear its August 2019 decisions in Dorman v. The Charles Schwab Corp., in which the Court compelled arbitration of ERISA...more
The Ninth Circuit signaled that it might rehear Dorman v. The Charles Schwab Corp., where earlier this year it held that a mandatory arbitration provision required arbitration of an ERISA fiduciary-breach claim....more
The 2019 ESOP National Conference, an annual gathering for employee owners from all levels, association volunteer leaders and expert professionals, took place May 22–24. Two McDermott partners, Theodore (Ted) M. Becker and...more
WHAT’S THE EXPOSURE?
• Settlements up to $140 million
• Last year alone, settlements of $17 million, $22 million, $24 million, and among others
• Plaintiffs’ lawyers generally get 1/3 of the settlement amounts
• Plaintiffs’...more
3/22/2019
/ 401k ,
Affordable Care Act ,
Benefit Plan Sponsors ,
Breach of Duty ,
Burden of Proof ,
Class Action Arbitration Waivers ,
Common Stock ,
Corporate Counsel ,
Defined Contribution Plans ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Excessive Fees ,
Fiduciary Duty ,
Forum Selection ,
Loss Causation ,
Retirement Plan ,
Statute of Limitations