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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


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


Wellness plans and the ADA safe harbor: Seff v. Broward revisited
  • Fox Rothschild LLP
  • USA
  • August 22 2012

Many plan sponsors are unaware of the "safe harbor" provisions of the Americans with Disabilities Act as it relates to health insurance


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


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


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


Dependent audits and dis-enrollment: yes you can!
  • Fox Rothschild LLP
  • USA
  • February 1 2012

With PPACA comes potential coverage of dependents to age 26


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


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