We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 11-20 of 259

DOL updates Delinquent Filer Voluntary Compliance Program
  • Hodgson Russ LLP
  • USA
  • March 29 2013

The Department of Labor (DOL) is statutorily authorized to assess civil penalties of up to $1,100 per day against plan administrators who fail to


State breach of contract claim for severance preempted by ERISA
  • Hodgson Russ LLP
  • USA
  • August 29 2013

A district court recently dismissed a former employee's state breach of contract claim, relating to his employer's denial of severance benefits, on


ERISA governs claim under phantom carried interest plan
  • Hodgson Russ LLP
  • USA
  • August 29 2013

Several employees brought an action in state court in Colorado relating to their compensation benefit under a phantom carried interest plan sponsored


Same-sex domestic partner policy does not discriminate against opposite-sex couples
  • Hodgson Russ LLP
  • USA
  • April 15 2011

Reversing a decision by the Westchester County Human Rights Commission, a New York appeals court recently held that a policy adopted by a local Board of Cooperative Educational Services (BOCES) to offer health care to same-sex domestic partners did not unlawfully discriminate against opposite-sex domestic partners


Employer breached fiduciary duty by allowing ineligible employee to enroll in plan
  • Hodgson Russ LLP
  • USA
  • August 29 2013

The U.S. District Court for the Eastern District of Virginia held that an employer breached its fiduciary duty by misleading an employee regarding


Long legal journey of case defining meaning of partial termination may have come to a close
  • Hodgson Russ LLP
  • USA
  • May 30 2014

After 18 years, the district court in the District of Illinois ruled that a partial termination of a 401(k) plan did not occur. Household


Tussey v. ABB, Inc.: court rules on various 401(k) plan fiduciary issues
  • Hodgson Russ LLP
  • USA
  • May 30 2014

The Eighth Circuit Court of Appeals decided a case in which it addressed a variety of fiduciary breaches alleged by employees participating in an


Separation policy benefit is not an “early retirement subsidy” subject to QDRO
  • Hodgson Russ LLP
  • USA
  • May 31 2012

The U.S. District Court for the Eastern District of Pennsylvania recently ruled that a retirement subsidy to a terminated employee provided under a separation policy is not subject to division under a qualified domestic relations order (QDRO) prepared in connection with the employee’s 2005 divorce


No fiduciary breach where ESOP trustee was not acting in his fiduciary capacity
  • Hodgson Russ LLP
  • USA
  • August 29 2012

Pursuing a claim for breach of fiduciary duty against an individual necessarily involves the claimant establishing that the individual’s breach was committed while acting in his or her fiduciary capacity


Keogh plan with qualification defects found to be exempt from bankruptcy estate
  • Hodgson Russ LLP
  • USA
  • June 27 2012

Generally, retirement plan benefits are excluded from a bankruptcy estate