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Rental property sufficient to find personal liability for multiemployer plan withdrawal

Hodgson Russ LLP
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USA
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April 30 2013

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

Second Circuit revisits application of Moench presumption

Hodgson Russ LLP
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USA
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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

Discounted stock options subject to Section 409A penalties

Hodgson Russ LLP
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USA
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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

Employee not entitled to COBRA penalties

Hodgson Russ LLP
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USA
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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
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USA
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March 29 2013

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

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

Hodgson Russ LLP
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USA
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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

7th Circuit holds ERISA’s anti-retaliation provision covers informal complaints

Hodgson Russ LLP
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USA
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November 29 2012

ERISA Section 510 makes it unlawful to take retaliatory action “against a person because he has given information or has testified or is about to testify in any inquiry or proceeding relating to” ERISA

Plan not required to restore 401(k) funds fraudulently withdrawn by ex-wife

Hodgson Russ LLP
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USA
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November 29 2012

Confirming for plan sponsors the importance of maintaining and following plan procedures, the U.S. Court of Appeals for the Tenth Circuit upheld a 2010 decision by an Oklahoma district court that a 401(k) plan administrator did not abuse his discretion in deciding that a company 401(k) plan should not reimburse a participant for funds fraudulently withdrawn from his account by the participant’s ex-wife

Stock drop case updates

Hodgson Russ LLP
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USA
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November 29 2012

Recent litigation involving claims for breach of fiduciary duties in connection with the offer of employer stock as a retirement plan investment option produced mixed results and reflects a developing split in the federal circuit courts

Retirees are not entitled to lifetime benefits

Hodgson Russ LLP
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USA
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October 30 2012

In a recent case, the U.S. Court of Appeals for the Sixth Circuit was called upon to decide whether Acument Global Technologies, Inc. could terminate medical and life insurance benefits provided to retired employees under the terms of a collective bargaining agreement (CBA

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