News & Analysis as of September 24, 2024

Hiring & Firing › Fiduciary Duty

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Alberta, Canada Court Holds Senior Executive Personally Liable to Employer

Littler on 10/24/2023

In Breen v Foremost Industries Ltd, 2023 ABKB 552, the Court of King’s Bench of Alberta dismissed the claim of a President and CEO that he had been wrongfully dismissed from his employment, finding that his employment had...more

Can Fourth Circuit Plaintiffs be Granted "Surcharge" as a Remedy for Breach of Fiduciary Duty Under ERISA?

Troutman Pepper on 9/22/2023

Q: Can Fourth Circuit plaintiffs be granted “surcharge” as a remedy for breach of fiduciary duty under ERISA?...more

Employee Exits: Preparations to Compete Despite Fiduciary Duties

Freeman Law on 7/12/2023

Introduction - The dissolution of an employment relationship can provoke conflict, uncertainty, and stress. The stress can be heightened when the departing employee is likely to compete with the former employer, using...more

ESG: Important New Considerations for Employers

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/24/2023

Consideration of environmental, social, and governance (ESG) issues is becoming increasingly important for companies when conducting business and in dealings with investors and employees. The increased emphasis on ESG poses...more

SCOTUS Review: 8 Key Rulings from Last Term that Impact the Workplace and 3 Issues We’re Watching

Fisher Phillips on 8/2/2022

Many employers looked to the Supreme Court last term for clarity in cases with a significant impact on the workplace. The justices continued to shape the employment law landscape by ruling on an array of issues involving...more

The Top 14 Workplace Law Stories from January 2022

Fisher Phillips on 2/2/2022

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Where Am I and How Did I Get Here (In This Venue)?

Gray Reed on 8/3/2020

In June 2019, David Dunwoody (“Dunwoody”) left his position as President of EnVen Energy Corporation (“EnVen”) amidst a scandal centering around his alleged involvement in a kickback scheme. Dunwoody sued EnVen, the oil...more

Delaware Supreme Court Examines Director Liability for Acquisitions

Stinson - Corporate & Securities Law Blog on 1/20/2020

In McElrath v. Kalanick et al, the Delaware Supreme Court examined the liability of directors of Uber for an acquisition. The case arose out of Uber’s acquisition of Ottomotto LLC. Otto was founded by Anthony Levandowski, a...more

Commercial Division Applies Noerr-Pennington Doctrine to Dismiss Claim for Unlawful Retaliation

Patterson Belknap Webb & Tyler LLP on 12/18/2019

In Pozner v. Fox Broadcasting Co., Justice Saliann Scarpulla of the Commercial Division dismissed plaintiff Cliff Pozner’s (“Pozner”) retaliation claim, which alleged that counterclaims filed against him by defendant Fox...more

Advance! Amend! Retreat!

Farrell Fritz, P.C. on 11/4/2019

The title of this post describes not an army maneuver, but the outcome of a recent lawsuit in Delaware Chancery Court for advancement of litigation expenses in which...more

They will always disappoint you

Ary Rosenbaum - The Rosenbaum Law Firm P.C. on 10/16/2019

When I graduated from law school, it took a few months before I got my first job. So for the months, I wasn’t employed, I tried working with a temp agency to get temporary legal work. Let’s just say that no matter what they...more

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

McDermott Will & Emery on 5/20/2019

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

Employment News: fiduciary duties, NICs, jurisdiction

Hogan Lovells on 5/13/2019

Battle Royal – handling of boardroom dispute was repudiatory breach - The High Court decision in Stobart Group Ltd v Tinkler explores the extent of a director's duties in the context of a boardroom dispute....more

ERISA Implications for Firing A Whistleblower

Proskauer - Employee Benefits & Executive... on 12/28/2018

The Ninth Circuit unanimously concluded that a trustee and lawyer for certain multiemployer funds violated ERISA § 510 by unlawfully firing a whistleblower in the funds’ collections department, but, in a split decision,...more

Sixth Circuit Finds No Fiduciary Duty To Give Notice Of Conversion/Portability Rights On Termination Of Employment

Robinson+Cole ERISA Claim Defense Blog on 11/27/2018

In Vest v. Resolute FP US, Inc., 905 F.3d 985 (6th Cir. 2018), the Sixth Circuit Court of Appeals upheld dismissal of a claim by the beneficiary of a deceased employee that the employer breached its fiduciary duty under ERISA...more

Lack of Statutory Private Right of Action is No Bar to Privacy Suit

Holland & Knight LLP on 11/16/2018

HIPAA and several other privacy laws do not include a private right of action. This is cold comfort for healthcare providers, health plans and other members of the healthcare industry if a patient is able to demonstrate that...more

Dr. Dolittle and the Faithless Servant Doctrine in 2018 (So Far)

Bond Schoeneck & King PLLC on 8/21/2018

In his iconic book, The Story of Doctor Dolittle, children’s author Hugh Lofting introduces the world to a mythic animal -- the pushmi-pullyu -- that has two heads on the opposing ends of its body, begging the questions: 1)...more

Religious Institutions Update: June 2018 - Lex Est Sanctio Sancta

Holland & Knight LLP on 6/8/2018

Since 1990, the U.S. Supreme Court has expressly construed a neutral law of general applicability as consistent with the free exercise clause. Deeming Colorado's public accommodations law just such a law, the Colorado Court...more

Company Liable for Not Providing Accurate Information about Benefits

Dickinson Wright on 4/27/2017

A recent court case, Erwood vs Life Insurance Company of North America, is a reminder that plan sponsors must understand the terms of their welfare and retirement benefit plans, and ensure that their staff follows the...more

Sole Owners of Close Corporation and LLC Discover They're Not So Sole

Farrell Fritz, P.C. on 12/19/2016

What makes a shareholder a shareholder? What makes an LLC member a member? The simplicity of the questions belies the difficulties and endlessly unique fact patterns encountered in case after case involving close...more

Workplace Policy Institute Insider Report - December 2016

Littler on 12/5/2016

Littler's WPI Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The December edition of the Insider Report discusses recent efforts to block...more

SEC to Focus on Firms Hiring Those with Disciplinary History

Allen Matkins on 11/8/2016

SEC’s Office of Compliance Inspections and Examinations (OCIE) has recently issued a risk alert to registered investment advisers indicating their intent to focus on compliance oversight and controls with respect to the...more

Owner/Trustee of 401(k) Plan Accused of Having Eyes Wide Shut on Fiduciary Duties

Stinson - Benefits Notes Blog on 10/25/2016

Last June I blogged about the trend of participant fee class actions moving down to smaller 401(k) Plans. Occasionally, class actions are brought based on other breaches of fiduciary duties, particularly those involving...more

Employment Law’s “Hulk”-Like Superhero — The Faithless Servant Doctrine — Just Got Stronger

Bond Schoeneck & King PLLC on 6/8/2016

One of the many joys of parenthood is the opportunity to relive one’s childhood. To a parent who grew up on the old-school comic books, the steady roll-out by Marvel Studios of big budget super-hero movies offers a unique...more

Dismissal for Sharing Confidential Information Was Unfair

Faegre Drinker Biddle & Reath LLP on 3/1/2016

In Stimpson v Citibank N.A. ET/3200437/15, Mr Stimpson brought claims for unfair and wrongful dismissal after being dismissed without notice by Citibank N.A. (Citi) for an alleged breach of Citi’s policies on confidential...more

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Hiring & Firing › Fiduciary Duty

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