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Results: 1-10 of 103

Post-distribution enforcement of benefit waivers not preempted by ERISA

  • Hodgson Russ LLP
  • -
  • USA
  • -
  • May 31 2013

In 2009, plan administrators generally applauded a decision by the U.S. Supreme Court holding that ERISA requires distribution of benefits to the

Offering retail-class investment fund options can trigger breach of fiduciary duties

  • Hodgson Russ LLP
  • -
  • USA
  • -
  • May 31 2013

The Court of Appeals for the Ninth Circuit recently affirmed the ruling of a federal district court that fiduciaries for a 401(k) plan were

Duty of prudence applies to decision to offer employer stock as investment option; fiduciaries not required to disclose nonpublic information concerning employer stock

  • Hodgson Russ LLP
  • -
  • USA
  • -
  • May 31 2013

In an appeal, the Eleventh Circuit was asked to answer (1) whether ERISA requires fiduciaries of an eligible individual account plan that offers

Modification of discount rates not cutback for plan lump-sum benefits

  • Hodgson Russ LLP
  • -
  • USA
  • -
  • May 31 2013

Mutual of New York's Insurance Company (MONY) sponsored a tax qualified defined benefit retirement plan and also an excess benefit plan, a defined

Rental property sufficient to find personal liability for multiemployer plan withdrawal

  • Hodgson Russ LLP
  • -
  • USA
  • -
  • April 30 2013

Messina Trucking was a contributing employer to the Central States, Southeast and Southwest Areas Pension Fund. In October 2007, Messina Trucking

Discounted stock options subject to Section 409A penalties

  • Hodgson Russ LLP
  • -
  • USA
  • -
  • April 30 2013

Ruling in favor of the IRS, the U.S. Court of Federal Claims confirmed in a recent case that discounted stock options are deferred compensation

Second Circuit revisits application of Moench presumption

  • Hodgson Russ LLP
  • -
  • USA
  • -
  • April 30 2013

"What does the plan document say?," is a popular refrain heard from ERISA attorneys. That, it turns out, is the same question the Second Circuit

Court denies ERISA claims involving a plan sponsor’s imprudent investment decisions

  • Hodgson Russ LLP
  • -
  • USA
  • -
  • March 29 2013

A group of participants in the Bank of America (BOA) 401(k) and pension plans commenced a lawsuit alleging BOA engaged in prohibited transactions and

Employee not entitled to COBRA penalties

  • Hodgson Russ LLP
  • -
  • USA
  • -
  • March 29 2013

The Eighth Circuit Court of Appeals upheld a district court's ruling that a terminated employee who did not receive timely COBRA notices was not

ERISA does not preempt shareholder derivative action for ESOP participants

  • Hodgson Russ LLP
  • -
  • USA
  • -
  • March 29 2013

Mattingly Foods, Inc. was a corporation that distributed food and restaurant products throughout the State of Ohio. Mattingly maintained an employee