Conflicts Bring Liability to Retirement Plan Fiduciaries: The Ethics of Serving Two Masters

Expert Guest Entry by Heath Miller and Al Otto Decisions and transactions in the investment world are often based on information from a trusted relationship. As a Fiduciary to an endowment, a foundation, or a qualified retirement plan, there is an extra level of due diligence that is required in order to assure that conflicts of interest…

Heath Miller, J.D

In-House ERISA Counsel, Shepherd Kaplan LLC Heath is the In-House ERISA Counsel with over 15 years of experience primarily in tax and employee benefits. He is responsible for the ongoing development and refinement of the processes and procedures associated with the investment services that Shepherd Kaplan provides to its institutional clients.

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…

Weekly Industry News: Employment Law

Employment Law – the latest on employment retaliation claims, employer’s social media policies and more. What You Don’t Know Can’t Hurt You: The Lack of Knowledge Defense in Employment Retaliation Claims by Ivo Becica Published on jdsupra When it comes to minimizing the risk of employment retaliation claims, can ignorance be bliss? In today’s competitive business environment, “what you…

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…

The Lessons of First Data Corp's Suspension of 401(k) Contributions

Expert Guest Entry by Stephen D. Rosenberg, Originally Posted on bostonerisalaw.com There is a fascinating story in today’s Wall Street Journal, about First Data Corp. abandoning the practice of making cash contributions to employee 401(k) accounts, as part of cost cutting clearly designed to make the company more profitable (or at least profitable enough) to hold an IPO, which…

Putting Limits on Patent Trolling: An Infringement Litigator's Perspective

Expert Guest Entry by Stephen D. Rosenberg, Orginally Published on BostonErisaLaw The whole question of patent trolling, and the concern over it, is an issue that has gnawed at me for some time, having defended small companies against patent infringement claims by competing manufacturers and having prosecuted licensing disputes on behalf of non-manufacturing, but inventive,…

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…