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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


Shareholder personally liable for "delinquent contributions"
  • Fox Rothschild LLP
  • USA
  • January 31 2011

In some prior entries, I have made reference to the obligations of employers to make contributions to their own benefit plans and the obligation to make contributions to a multiemployer benefit plan


Are you part of a control group? It counts when counting
  • Fox Rothschild LLP
  • USA
  • December 10 2012

Between COBRA, discrimination testing and determining PPACA compliance, employers really have to know who to count when counting employees


Interest rates assumptions and withdrawal liability: consistency is key
  • Fox Rothschild LLP
  • USA
  • August 29 2012

For employers that withdraw from a multiemployer pension plan, it is now very common that they encounter withdrawal liability


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


Court finds terminating disability benefits was arbitrary and capricious
  • Fox Rothschild LLP
  • USA
  • February 11 2011

Disability benefits provide an interesting problem for plan administrators because there are multiple times when an appeal right may attach


Supreme Court finds medical students are employees for FICA purposes
  • Fox Rothschild LLP
  • USA
  • January 19 2011

In January 11, the Supreme Court ruled Jan. 11 that medical students training to be residents are employees, and not students, and therefore subject to Federal Insurance Contributions Act taxes (Mayo Foundation for Medical Education and Research v. United States, U.S., No. 09-837, 11111


Measuring damages is tricky in fiducary breach cases
  • Fox Rothschild LLP
  • USA
  • December 20 2011

Picking plan investments can be a difficult task


Health care reform: constitutional or not?
  • Fox Rothschild LLP
  • USA
  • August 15 2011

There now appears to be some real conflict over the constitutionality of health care reform


Supreme Court to consider PPACA litigation, or at least to consider considering it
  • Fox Rothschild LLP
  • USA
  • November 7 2011

There are multiple cases related to health care reform (PPACA) that are now ready for consideration by the US Supreme Court