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Employee Retirement Income Security Act (ERISA) › Fiduciary Duty › Severance Agreements

Mintz - Employment Viewpoints

A Post (f/n/a “Tweet”) to Remind Plan Sponsors of Key Considerations in Designing Severance Plans

Mintz - Employment Viewpoints on

The recent Complaint filed for severance benefits against Elon Musk, X Corp., et.al., serves as a reminder that it is as important to clearly establish the fiduciary governance structure over severance plans subject to the...more

Sherman & Howard L.L.C.

Careful Drafting Carries the Day--Northrop Grumman HR is not a Fiduciary Under Severance Plan

Sherman & Howard L.L.C. on

Northrup Grumman ends nearly decade-long class action with hundreds of members, all thanks to careful and compliant drafting of a severance plan. Here’s what you need to know. In Alan Carlson et al. v. Northrop Grumman...more

Jackson Lewis P.C.

Motion for Class Certification Denied: Plaintiff Who Released ERISA Claims Deemed Unfit to Lead Class

Jackson Lewis P.C. on

Can a former employee serve as a class representative for ERISA claims when she has signed a general release agreement and has waived her right to participate in class actions? According to a recent decision by the District...more

McDermott Will & Emery

Former Employee’s Release Agreement Bars ERISA Claim Against ESOP Fiduciary

McDermott Will & Emery on

A recent summary-judgment decision explains how individual releases can bar the individual from pursuing ERISA fiduciary-breach claims on behalf of the plan. A plan, employer or fiduciary that wants to ensure a release that...more

Stinson - Benefits Notes Blog

Are Top Hat Plans Entitled to a Discretionary Standard of Review?

Stinson - Benefits Notes Blog on

Many years ago the Supreme Court decided that qualified retirement plans that gave their fiduciaries discretion to determine plan benefits were entitled to have their decisions, reviewed by a court under a generous “abuse of...more

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