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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


Winning isn't everything: attorneys fees in ERISA cases
  • Fox Rothschild LLP
  • USA
  • June 1 2010

The award of attorneys fees under Section 502(g) of ERISA (29 USC 1132(g)) is a pretty misunderstood concept


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


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


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


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


Yikes! $83,000 COBRA penalty for not providing notice
  • Fox Rothschild LLP
  • USA
  • November 6 2012

I cannot stress enough the importance of documenting plan procedures and following them for each stage of plan administration


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


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


Health care reform is unconstitutional, sort-of, at least maybe.
  • Fox Rothschild LLP
  • USA
  • December 13 2010

Before everyone gets excited about engaging in an argument about the constitutionality of health care reform and debating the various cases that are pending on the topic, understand this is not what this posting is about