Supreme Court Takes Case About Company Stock Funds and Presumption of Prudence

Expert Guest Entry by Wilber H. Boies , PC, Prashant Kolluri, Nancy G. Ross, Chris C. Scheithauer & Michael S. Yellin, Originally Published on http://www.mwe.com  The Supreme Court of the United States granted certiorari in Fifth Third Bancorp v. Dudenhoeffer, suggesting that the Supreme Court will resolve the current division among U.S. circuit courts regarding the application of the “presumption of prudence”…

Oral Argument in the US Supreme Court's Fifth Third Bank Case – "Coach Class Trustees" and Insider Trading Dominate the Debate

Expert Guest Entry by Scott J. Stitt , Originally published on www.arnlaw.com/blog/erisa/ On April 2, the US Supreme Court heard oral argument in the Fifth Third Bank v. Dudenhoeffer case, which started with a bang – the very first question (from Justice Kennedy) described the presumption of prudence as like having a “coach class trustee” for…

ERISA Litigation Forum E-Book: Best Practice Tips from Speakers

Best practice tips from ACI’s ERISA Litigation Forum speakers. Learn about the speakers  and gain valuable tips from them. Here is an overview of topics covered in this e-book:  Best way for a fiduciary to win—or even completely avoid—an ERISA lawsuit Best Practices for Dealing with Multiemployer Plans Pre-Litigation Best Practices Check List Working Effectively…

Weekly Industry News – Employment Law

Employment Law – the latest on the final regulations issues under ACA, Minumum-wage debate and more.   Final Regulations Issued Regarding Employer Shared Responsibility Under the ACA by Amy Gordon,  Jacob Mattison, Susan M. Nash & Jamie Weyeneth Recently issued final regulations on the employer pay-or-play rules under the Affordable Care Act (ACA) clarify the…

US Supreme Court Holds that a Three-Year Contractual Limitations Period for Benefit Claims is Not Unreasonable nor Contrary to ERISA

Expert Guest Article by Scott J. Stitt – Mr. Stitt will be presenting at ACI’s 7th National Forum on Erisa Litigation  in April. When a plaintiff files a lawsuit for ERISA benefits, is the time limit contained within the ERISA plan enforceable?  In Heimeshoff v. Hartford Life, the US Supreme Court held (unanimously, 9-0) that the answer…

Why Amara's Expansion of Remedies Matters Now, But Not So Much in the Long Term

Expert Guest Entry by Stephen D. Rosenberg ,Originally Posted on bostonerisalaw.com My small group of dedicated twitter followers know I was live tweeting last week from ACI’s ERISA Litigation conference in New York, at least for the first day of the conference. Tweeting allowed me to pass along ideas from the speakers and my own thoughts on their points in real…