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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


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


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


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


Withdrawal liability must be actuary's "best estimate"
  • Fox Rothschild LLP
  • USA
  • September 18 2012

When dealing with withdrawal liability, employers frequently question how it is calculated and the answer is usually "by an actuary."


Overdoses are accidents: plan language controls
  • Fox Rothschild LLP
  • USA
  • September 20 2012

Often times the silliest of facts patterns illustrate the important principles of plan administration


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


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


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


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