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Check it Out – Article in WSJ, “401(k)s Tweak How They Charge for Expenses” Featuring ERISA Litigation Speaker, Stephen Rosenberg

May 23rd, 2016
in Employment & Benefits |

By Anne Tergesen, Published on The Wall Street Journal on May 20, 2016

As fees on 401(k) retirement plans decline, more employers are changing the way they apportion the plans’ administrative expenses among participants. [Read More]

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Stephen Rosenberg will be moderating the panel “The View From the Bench on Litigating ERISA Claims and Class Actions” at ACI’s ERISA Litigation Forum, June 27-28, 2016 at the Omni San Francisco, San Francisco, CA. Learn more -  http://goo.gl/8NMn3D

ERISA Litigation: Q&A with Conference Speaker Ron Peppe

May 4th, 2016
in Employment & Benefits |

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Ron Peppe, Vice President Legal & Human Resources, Canam Steel Corporation, will be speaking at ACI’s 12 National Forum on ERISA Litigation, Monday, June 27 to Tuesday, June 28, 2016 at the Omni San Francisco in San Francisco, CA. In anticipation of the conference, check out our recent Q&A session with Ron Peppe.

1. After Amara and Montanile, what is appropriate equitable relief?

Amara made it clear that equitable relief could include reformation of plan terms that were misleading or false, estoppel to put someone in the position they would have been in if the representations were true, or monetary compensation for a loss caused by a breach of fiduciary duty or to prevent unjust enrichment. Montanile further clarified that, based on traditional principals of equitable relief, any monetary relief from a settlement has to be obtained from the money received from the settlement or traceable proceeds of that money. (more…)

ERISA Litigation: Q&A with Conference Speaker Michelle L. Roberts

April 4th, 2016
in Employment & Benefits |

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Michelle L. Roberts, Partner, Springer & Roberts, LLP, will be speaking at ACI’s 12 National Forum on ERISA Litigation, Monday, June 27 to Tuesday, June 28, 2016 at the Omni San Francisco in San Francisco, CA. In anticipation of the conference, check out our recent Q&A session with Michelle L. Roberts.

1. After Amara and Montanile, what is appropriate equitable relief?

Amara clarified that appropriate equitable remedies providing for make-whole relief include: injunctive relief, reformation, and estoppel. It also includes a surcharge remedy, which is monetary compensation for a loss resulting from a trustee’s breach of duty or to prevent the trustee’s unjust enrichment. Montanile confirmed that when it comes to an ERISA plan’s enforcement of a subrogation provision, if a plan participant dissipates the disputed funds on nontraceable items, a plan fiduciary cannot attach an equitable lien by agreement against a participant’s general assets. (more…)

ACI’s 12th National Forum on ERISA LITIGATION, Monday, June 27 to Tuesday, June 28, 2016, The Omni San Francisco Hotel, San Francisco, CA.

March 21st, 2016
in Employment & Benefits |

The premier ERISA litigation conference’s West Coast installment, led by an unparalleled faculty of in-house counsel, federal judges, and the top outside counsel plaintiff and defense litigators and firms.

 

Click here for more information and to view the full agenda - http://americanconference.com/erisawest 

What Amgen and Tackett Tell Us About ERISA Litigation Trend Lines

February 18th, 2016
in Employment & Benefits |

By Mark Casciari,  Partner, Seyfarth Shaw LLP, Published by Seyfarth Shaw LLP on February 1, 2016

Two recent Supreme Court decisions, and a recent Sixth Circuit analysis on remand from the Supreme Court, offer a roadmap of sorts on ERISA litigation. In both decisions, the Supreme Court did away with presumptions, and at the same time made it more difficult for plaintiffs to sue. [Read More]

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Mark Casciari will be moderating the panel, The View From the Bench on Litigating ERISA Claims and Class Actions at ACI’s ERISA Litigation Forum, March 1-2, 2016 at the Omni Chicago Hotel on the Magnificent Mile, Chicago, IL. The panel will be featuring:  (more…)

Supreme Court’s ‘Montanile’ Decision Makes Waves

January 22nd, 2016
in Employment & Benefits |

By  John Manganaro, Published on PLANADVISERdash on January 21, 2016

The U.S. Supreme Court case Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan did not gain much attention before reaching the top federal court, but now that the case has been decided, ERISA attorneys are warning of significant potential impacts. [Read More]

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In addition to unparalleled networking opportunities, ACI’s 11th ERISA Litigation will provide attendees with the latest insights and expert advice from our exceptional faculty including on:

  • The Supreme Court Roundup: Montanile, Gobeille, Spokeo and Gomez
  • Emerging Trends in ERISA Class Actions
  • Recent Stock-Drop Decisions and Ramifications for Fiduciaries of Retirement Plans: The Interplay Between ERISA and Securities Law
  • ESOP Litigation: New and Emerging Claims and Guidelines for ESOP Valuations (more…)

Wage & Hour Claims & Class Actions Q&A with Conference Speaker Michael W. Hawkins

January 19th, 2016
in Employment & Benefits |

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Michael W. Hawkins, Dinsmore & Shohl LLP, will be speaking at ACI’s National Forum on Wage & Hour Claims & Class Actions, Thursday, January 28 to Friday, January 29, 2016 at The Viceroy Miami in Miami, FL.  In anticipation of the conference, check out our recent Q&A session with Michael Hawkins and Michael B. Mattingly: (more…)

ERISA Litigation: Q&A with Speaker Stephen Rosenberg

September 28th, 2015
in Employment & Benefits |

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Stephen Rosenberg, Of Counsel, The Wagner Law Group will be speaking at our October 26th-27 ERISA Litigation Forum in New York City. In anticipation of next month’s conference, check out our recent Q&A with Stephen -

1. What is the greatest implication of the recent Tibble case for your practice?

Tibble’s greatest implication has nothing to do directly with excessive fee issues, but instead concerns the fact that it has greatly clarified the application of ERISA’s six year statute of limitations for breach of fiduciary duty claims.  Interestingly, a good case can be made – and I have made it on my blog – that the Supreme Court really added nothing new, in a concrete sense, to this area of the law, in that the decision did not present a clear rule of law as to the starting and ending points of that statute of limitations, or of the test to use to determine each.  However, by treating the statute of limitations as straight forward and as running from the breach identified by the plaintiff, and not from some other point in time, the Court in Tibble effectively undercut many of the more creative applications of that statute of limitations that lawyers – both for plaintiffs and defendants – have been using on a regular basis in the courtroom, and made it easier for all involved to work from a common understanding of when the statute of limitations begins to run.

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Wage & Hour Claims and Class Actions San Francisco: Q&A with Speaker Jay J. Price

September 22nd, 2015
in Employment & Benefits, Legal Conferences |

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Jay J. Price, Assistant General Counsel, Bank of America, will be speaking at our upcoming Sept. 28-29 Wage & Hour Claims and Class Actions forum in San Francisco.  In anticipation of the upcoming conference, check out our recent Q&A with Jay.

1. How will the DOL’s new/proposed federal overtime regulations with regard to “white collar exemption” requirements affect your practice?

At a minimum, the new salary requirements for both traditional “white collar” exemptions and the “highly compensated employee” requires re-testing their workforce compensation data by every employer who utilizes those exemptions. Also, the DOL’s equivocation on whether changes to the FLSA “duties test” are in the offing will require ongoing monitoring of further developments. (more…)

Wage & Hour Claims and Class Actions San Francisco: Q&A with Speaker Ron Peppe

September 16th, 2015
in Employment & Benefits |

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Ron Peppe, Vice President Legal and Human Resources, Canam Steel Corporation, will be speaking at our upcoming Sept. 28-29 Wage & Hour Claims and Class Actions forum in San Francisco.  In anticipation of the upcoming conference, check out our recent Q&A with Ron.

1. How will the DOL’s new/proposed federal overtime regulations with regard to “white collar exemption” requirements affect your practice?

Our company is still evaluating the impact, but the increase in the threshold wage for the white collar exemption may require us to change some hiring practices because of the increased wage and compliance costs. The increase in the threshold is so dramatic is means the test is not aligned very well with workplace realities. We also remain very concerns about the next shoe to drop, i.e, changes to the duties test. (more…)

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