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Results: 11-20 of 57

Step-children are not beneficiaries (unless they are)

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

A retirement plan participant can designate a beneficiary other than a spouse, but a waiver is required

Protecting participants from themselves: the choice is theirs

  • Fox Rothschild LLP
  • -
  • USA
  • -
  • July 24 2012

I recently spoke at a seminar where the question was raised about a plan sponsor's obligations to act where they see a participant has made foolish investment choices in their self-directed accounts

Delaware bankruptcy court finds bonus plan was created in the ordinary course of business

  • Fox Rothschild LLP
  • -
  • USA
  • -
  • July 14 2012

On July 9, 2012, Judge Peter J. Walsh of the United States Bankruptcy Court for the District of Delaware issued a memorandum opinion (the "Opinion"), in the Blitz U.S.A. bankruptcy proceeding addressing whether an employee bonus plan is a transaction made in the ordinary course of business under 11 U.S.C. 363(c)(1

PPACA upheld as constitutional

  • Fox Rothschild LLP
  • -
  • USA
  • -
  • June 28 2012

This morning, the United States Supreme Court issued its opinion on the constitutionality of PPACA

The Supreme Court upholds the Patient Protection and Affordable Care Act: now what?

  • Fox Rothschild LLP
  • -
  • USA
  • -
  • June 28 2012

On Thursday, June 28, the United States Supreme Court issued its long awaited decision on the constitutionality of The Patient Protection and Affordable Care Act (PPACA

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

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

A late COBRA notice is not retaliation

  • Fox Rothschild LLP
  • -
  • USA
  • -
  • April 27 2012

Sometimes displaced employees try to co-mingle law to suggest a variety of nasty acts by their employer

Unions can indemnify employers if it's in the contract

  • Fox Rothschild LLP
  • -
  • USA
  • -
  • March 21 2012

Back in 2009, we looked at a Third Circuit case called Pittsburgh Mack Sales v. IUOE, Local No. 66 that found that it was not against public policy to require a union to reimburse an employer for withdrawal liability

ERISA lawyers: the exceptionally privileged few

  • Fox Rothschild LLP
  • -
  • USA
  • -
  • February 28 2012

Many litigators take two things for granted beyond death and taxes: first, that under the attorney-client privilege, they can freely communicate with their clients either electronically or in writing without fear of having to turn over their communications to other parties in litigation; and second, that under the attorney work-product privilege, the notes or memoranda created by the attorney need not be produced at the request of an opposing litigant