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Results: 1-10 of 41

Does ERISA preempt breach of contract claims on employment agreements? Yes and no.

  • Fox Rothschild LLP
  • -
  • USA
  • -
  • May 22 2012

Employment agreements and offer letters that make reference to employee benefits can create a whole host of potential problems

Counting COBRA; look to related companies

  • Fox Rothschild LLP
  • -
  • USA
  • -
  • March 1 2011

Most employers are aware that COBRA exempts from its applicability employers with fewer than 20 employees

Breach of fiduciary duty claims don't automatically create individual remedies

  • Fox Rothschild LLP
  • -
  • USA
  • -
  • January 14 2013

When the Supreme Court decides not to take a case, that is generally not news. But in the case of the Court's decision to decline a review of Walker

Be careful who you pay: mistakes may make you pay twice

  • Fox Rothschild LLP
  • -
  • USA
  • -
  • December 2 2011

Plan administrators have to be careful about making sure they pay the correct beneficiaries and pay the correct amount

Trustees, beware of conflicts: Glenn applies to Taft-Hartley plans

  • Fox Rothschild LLP
  • -
  • USA
  • -
  • July 12 2010

You might recall from a previous posting that I discussed the Supreme Court's decision in Metropolitan Life Insurance Co. v. Glenn

Not everyone is a fiduciary

  • Fox Rothschild LLP
  • -
  • USA
  • -
  • August 2 2010

Just because you work with retirement plan money, you are not necessarily a fiduciary

Court finds terminating disability benefits was arbitrary and capricious

  • Fox Rothschild LLP
  • -
  • USA
  • -
  • February 11 2011

Disability benefits provide an interesting problem for plan administrators because there are multiple times when an appeal right may attach

Beware of "springing" fiducary status: do you control plan assets?

  • Fox Rothschild LLP
  • -
  • USA
  • -
  • October 16 2012

When I was in law school, I vaguely remember learning about "springing" interests

COBRA notices good when mailed to last known address (if you can prove you sent them)

  • Fox Rothschild LLP
  • -
  • USA
  • -
  • June 4 2012

In past entries, I have written about the ongoing struggle plan administrators face when trying to locate participants to provide notices

Are you part of a control group? It counts when counting

  • Fox Rothschild LLP
  • -
  • USA
  • -
  • December 10 2012

Between COBRA, discrimination testing and determining PPACA compliance, employers really have to know who to count when counting employees