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Read Finance & Banking Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
Orrick, Herrington & Sutcliffe LLP

Personal Jurisdiction/Forum Non Conveniens - The World in U.S. Courts: Summer 2019

by Orrick, Herrington & Sutcliffe LLP on

Personal Jurisdiction Based on Knowledge of Texas Port of Call and Lack of Objection Even Where Ship Operator Had No Other Texas Contacts or Control Over Destination Carmona v. LEO Ship Management, Inc., US Court of Appeals...more

Drinker Biddle & Reath LLP

In with a Bang and Out with a Whimper: Second Circuit Challenge to Popular Withdrawal Liability Calculation Method Settles

by Drinker Biddle & Reath LLP on

The withdrawal liability case of the year came to an anticlimactic end on Monday, September 16, 2019, as the Second Circuit docket sheet of New York Times Company v. Newspaper and Mail Deliverers' Publishers' Pension Fund...more

Weiner Brodsky Kider PC

Maryland Revises Several Laws in 2019

by Weiner Brodsky Kider PC on

The Maryland legislature passed new legislation and revised other legislation throughout 2019. Below is a review of certain legislation due to take effect on October 1, 2019....more

American Conference Institute (ACI)

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

by 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

McDermott Will & Emery

[Event] Employment, Benefits And Compensation Forum: Control Your Own Headlines - October 10th, Chicago, IL

by McDermott Will & Emery on

CONTROL YOUR OWN HEADLINES - In today’s high-stakes environment, in-house counsel and HR professionals are often on the frontlines, responding to headlines that threaten business and reputational objectives. Join...more

Robinson+Cole ERISA Claim Defense Blog

Irreconcilable Differences: In Dorman v. Charles Schwab Corp., Ninth Circuit Overrules 35-Year-Old Authority; Concludes ERISA...

by Robinson+Cole ERISA Claim Defense Blog on

The Ninth Circuit recently issued two decisions in Dorman v. Charles Schwab Corp.: the first overrules the decision in Amaro v. Continental Can. Co., 724 F.2d 747 (9th Cir. 1984) (Dorman, – F.3d –, No. 18-15281, 2019 WL...more

Littler

Seventh Circuit Holds that a Deceleration of Withdrawal Liability is Unavailable Under ERISA’s Common Law

by Littler on

In Bauwnes v. Revcon Technology Group, Inc., the U.S. Court of Appeals for the Seventh Circuit held that the trustees of a multiemployer pension plan could not agree to an employer’s installment payment plan of its withdrawal...more

Bass, Berry & Sims PLC

Chris Lazarini Examines Allegations of ERISA Fiduciary Violations

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini examined allegations brought by members of a company’s 403(b) retirement savings plan that the plan fiduciaries violated their duties by selecting and failing to replace higher-cost...more

McDermott Will & Emery

Federal Court Certifies Class in Multiple-Plan ERISA Challenge to Health-Plan and Retirement-Plan Fees

by McDermott Will & Emery on

A Texas federal court certified a class in an ERISA action brought by participants in one plan, but alleging class claims on behalf of participants in many different plans sponsored by different, unaffiliated employers. See...more

Weiner Brodsky Kider PC

9th Circuit Rules ERISA Case Can Be Arbitrated, Reversing Decades-Old Precedent

by Weiner Brodsky Kider PC on

A three-judge panel of the Ninth Circuit ruled last week that an ERISA benefits class action can be arbitrated.  The decision struck down a 35-year old circuit precedent that the court found no longer operable because of...more

Proskauer - Employee Benefits & Executive...

Ninth Circuit Overturns Precedent and Sends ERISA Claims to Individual Arbitration

by Proskauer - Employee Benefits & Executive... on

In a case of first impression, the Ninth Circuit overturned 35 years of precedent and ruled that ERISA class action claims brought on behalf of an ERISA plan are subject to individual arbitration. The Court also enforced the...more

Hodgson Russ LLP

No Withdrawal Liability But An Exit Fee Owing?

by Hodgson Russ LLP on

Four-C-Aire, Inc. was a contributing employer to the Sheet Metal Workers National Pension Fund, a multiemployer pension plan. In 2016, Four-C-Aire ceased to have an obligation to contribute to the Fund as the terms of the...more

Seyfarth Shaw LLP

ERISA Means What It Says And Nothing More

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Court of Appeals for the Seventh Circuit recently held that once a multi-employer pension fund accelerates withdrawal liability periodic payments into a lump sum liability, there is no statutory...more

Proskauer - Employee Benefits & Executive...

Seventh Circuit Holds Withdrawal Liability Cannot Be “Decelerated”

by Proskauer - Employee Benefits & Executive... on

The Seventh Circuit held that a multiemployer pension fund’s withdrawal liability claim was barred by the six-year statute of limitations applicable to claims under the Multiemployer Pension Plan Amendments Act (MPPAA). After...more

Goodwin

Federal Government Advocates Industry-Friendly Position in ESOP Stock Drop Supreme Court Case

by Goodwin on

Recently, the U.S. Supreme Court granted a writ of certiorari to hear Retirement Plans Committee of IBM v. Jander, a case about the legal standard for pleading a claim for breach of fiduciary duties under the Employee...more

Littler

Striking Down Decades-Old Precedent, Ninth Circuit Rules That ERISA Breach of Fiduciary Duty Claims May Be Arbitrated

by Littler on

On August 20, 2019, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued an opinion in Dorman v. Charles Schwab Corp., overturning its 1984 position in Amaro v. Continental Can Co. that lawsuits filed...more

Sheppard Mullin Richter & Hampton LLP

Fifth Circuit Affirms Enron Broker Not Liable to Employee Stock Option Holders for False or Withheld Information

by Sheppard Mullin Richter & Hampton LLP on

Ending a more than 15-year-long legal battle, the Fifth Circuit on May 24, 2019, unanimously affirmed the dismissal of a proposed class action against subsidiaries of UBS AG, alleging violations of U.S. securities laws for...more

McDermott Will & Emery

Federal Court Dismisses Challenge to ESOP Transaction

by McDermott Will & Emery on

In Lee v. Argent Trust Co., the court dismissed ERISA claims challenging an ESOP stock transaction because the plaintiff, who “fundamentally misunderstands the nature of the” ESOP transaction, did not allege that she suffered...more

Littler

Full and Fair Review Requirement under ERISA Gets a Full and Fair Review

by Littler on

On July 15, 2019, the U.S. Court of Appeals for the Tenth Circuit touched on the new regulations governing what constitutes a “full and fair review” of a claim for benefits under the Employee Retirement Income Security Act....more

Proskauer - Employee Benefits & Executive...

SDNY Rejects Class Standing and Fiduciary Breach Claims In Connection With Alleged Double-Charging Scheme

A New York federal district court concluded that a defined benefit plan participant lacked standing to seek relief on behalf of plans other than the one in which he was a participant. In this case, plaintiff claimed that...more

Hodgson Russ LLP

Plaintiffs Win Early Battle in New Wave of Pension Litigation Over Actuarial Equivalence

by Hodgson Russ LLP on

A number of prominent companies that sponsor defined benefit pension plans are having to defend lawsuits commenced in the past several months that allege that the actuarial assumptions used to determine optional forms of...more

Littler

Does Jander Signal the Liberalization of Pleading Standards in Stock-Drop Cases? Signs Point to No

by Littler on

The Second Circuit sent shock waves through the community of ERISA stock-drop practitioners late last year in Jander v. Retirement Plans Committee of IBM by finding plan participants had plausibly alleged a breach of duty of...more

McDermott Will & Emery

Big ERISA Decisions on the Horizon—SCOTUS to Review Third ERISA Case this Term

by McDermott Will & Emery on

The US Supreme Court recently agreed to review the Eighth Circuit’s decision in Thole v. US Bank, in which the Eighth Circuit held that participants in an overfunded defined benefit pension plan lack standing to sue for...more

Carlton Fields

Considerations for Use of Arbitration Agreements to Curtail Class Claims

by Carlton Fields on

May 21, 2019, marks the one-year anniversary of the U.S. Supreme Court’s decision in Epic Systems Corp. v. Lewis, which upheld the use of class action waivers in employee arbitration agreements....more

Proskauer Rose LLP

ERISA Newsletter - Second Quarter 2019

by Proskauer Rose LLP on

Editor's Overview - As the summer heats up, so too has the U.S. Supreme Court's docket for next term where it has already agreed to hear three ERISA cases and more may be in the works. On the docket already are ERISA...more

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JD Supra Privacy Policy

Updated: May 25, 2018:

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Information for EU and Swiss Residents

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Changes in Our Privacy Policy

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

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