PODCAST: Williams Mullen's Benefits Companion - ERISA Forfeiture Litigation
The latest chapter in the wave of forfeiture reallocation lawsuits comes from Armenta v. WillScot / Mobile Mini. The good news: most of the claims were dismissed. The caution: one prudence claim survived, and the court gave...more
Weighing in on a growing circuit split, the Second Circuit in United States v. Elias recently nixed a forfeiture order that apportioned the total forfeiture amount equally among the coconspirators, regardless of whether that...more
A recent suit illustrates how whistleblowers may adversely impact a company’s DPA, leading to further investigation by the DOJ and additional penalties. In 2023, Connecticut-based Freepoint Commodities LLC (Freepoint)...more
Welcome to Goodwin’s ERISA Litigation Update. Litigation involving ERISA-governed benefits plans has exploded in recent years. Lawyers in our award-winning ERISA Litigation practice have extensive experience litigating these...more
Wu-Tang Clan produced a single physical copy of the album “Once Upon a Time in Shaolin,” which was never publicly released. In 2015, Martin Shkreli purchased the album....more
Chalk up another win for plan fiduciaries in the ongoing wave of forfeiture reallocation suits — and this time, the plaintiffs didn’t even get the courtesy of a do-over....more
Enacted in 2018, the Massachusetts Noncompetition Agreement Act (the “Act”) restricted employers’ use of non-competition agreements in a variety of ways, including requiring compensation during the post-employment restricted...more
In Short The Situation: In Case C‑452/24, Lunapark Scandinavia Oy Ltd v Hardeco Finland Oy, the Court of Justice of the European Union ("CJEU") was asked whether a general national principle of forfeiture/laches for "failure...more
In a case of first impression in the federal Courts of Appeals, the Second Circuit held that district courts may not consider a defendant’s potential eligibility for a sentence reduction under the First Step Act or programs...more
The California Supreme Court issued its decision, on August 11, 2025, in Hohenshelt v. Superior Court (Golden State Foods Corp.), S284498, addressing whether the Federal Arbitration Act (FAA) preempts California’s statutory...more
The Ontario Superior Court of Justice’s recent decision in Wigdor v Facebook Canada Ltd, 2025 ONSC 4051 provides helpful clarity for employers on two key issues: the enforceability of restricted stock unit (RSU) forfeiture...more
In its August 11, 2025 decision in Hohenshelt v. Superior Court (S284498), the California Supreme Court clarified the reach of Code of Civil Procedure Section 1281.98, the 30-day arbitration fee payment rule. While...more
US Fintech and Digital Asset Companies Announce Stablecoin Initiatives - A major U.S. fintech company recently announced a partnership with the issuer of the USDC stablecoin “to give financial institutions the ability to...more
Since September 2023, plaintiffs have filed numerous class action lawsuits alleging that the use of 401(k) forfeitures to offset future employer contributions violates the Employee Retirement Income Security Act of 1974...more
In the recent Wigdor v Facebook Canada Ltd. and Meta Platforms, Inc., 2025 ONSC 4051 decision (the “Decision”), which has not yet been reported, the Ontario Superior Court of Justice upheld the enforceability of restricted...more
Background - In a wave of class-action litigation beginning around 2023, plaintiffs have alleged violations of fiduciary duties under the Employee Retirement Income Security Act (ERISA) and prohibited transaction rules in...more
Since September 2023, ERISA plaintiff’s firms have filed approximately 60 class action lawsuits challenging the longstanding practice of plan sponsors using plan forfeitures to offset their employer contributions in 401(k)...more
Another week, another Adams v. Goliath story in the world of ERISA litigation—and this time, Goliath is Cigna. The company is now facing its second lawsuit in as many months over how it handled forfeitures in its $13 billion...more
On July 9th, the Secretary of Labor filed an amicus brief with the Ninth Circuit relating to the appeal of Hutchins v. HP, Inc. In that case, a participant claimed that forfeitures should have been used to offset plan...more
On June 4, 2024, Connecticut Governor Ned Lamont signed Senate Bill 6990 into law, making significant changes to the state’s asset seizure and forfeiture statutes by expressly including virtual currency and digital wallets as...more
The Massachusetts Supreme Judicial Court (SJC) recently clarified the scope of the Massachusetts Noncompetition Agreement Act (MNAA). In Susan Miele v. Foundation Medicine, Inc., the SJC held the MNAA does not apply where a...more
Hello all. Below is the May 2025 edition of the Fifth Circuit criminal and civil case summaries, with a special focus on cases of interest to white-collar practitioners. This past month, the Fifth Circuit issued published...more
U.S. Eleventh Circuit Court of Appeals - Lamonaco v. Experian - arbitration - Labriola v. Miami-Dade - employment, First Amendment - Wood v. Fla DOE - school, transgender, § 1000.071, First Amendment - USA v....more
On June 13, 2025, the Massachusetts Supreme Judicial Court (SJC) issued a significant decision in Miele v. Foundation Medicine, Inc. (SJC-13697) confirming that the Massachusetts Noncompetition Agreement Act (the “MNAA”) does...more
ERISA is filled with traps for the unwary. Some are complex, hiding in layers of regulatory nuance. Others are deceptively simple—like plan forfeitures. Yes, I’m talking about those dollars left behind when participants fail...more