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Results: 1-10 of 158

Prenuptial agreement not an effective waiver of spousal rights
  • Hodgson Russ LLP
  • USA
  • September 30 2013

A recent decision by the U.S. Court of Appeals for the Eighth Circuit demonstrates the potential limitations of prenuptial agreements purporting to


SunTrust stock drop case dismissed
  • Hodgson Russ LLP
  • USA
  • November 26 2013

A federal district court recently dismissed a lawsuit brought against the fiduciaries of the SunTrust 401(k) plan for breaches of ERISA fiduciary


Severance denied to employee who retired following expiration of medical leave
  • Hodgson Russ LLP
  • USA
  • June 27 2012

A recent decision upholding the denial of severance benefits to an employee who retired after exhausting medical leave demonstrates the importance of a well-drafted severance plan


Withdrawal liability from multiemployer plan and alter-ego liability
  • Hodgson Russ LLP
  • USA
  • August 29 2013

Because of the severe underfunding in many multiemployer defined benefit funds, we are seeing increased collection activities by these funds to


Discounted stock options subject to Section 409A penalties
  • Hodgson Russ LLP
  • USA
  • April 30 2013

Ruling in favor of the IRS, the U.S. Court of Federal Claims confirmed in a recent case that discounted stock options are deferred compensation


Claim for post-bankruptcy pension benefits rejected following “free and clear” purchase of assets
  • Hodgson Russ LLP
  • USA
  • December 20 2013

A group of retired employees filed a class-action law suit claiming loss of certain retirement benefits. The employees worked for SPX Corporation


Annual withdrawal liability payments calculated at highest contribution rate for all groups, excludes surcharge
  • Hodgson Russ LLP
  • USA
  • May 30 2014

Woodbridge Logistics, LLC was a contributing employer to a multiemployer pension fund prior to its withdrawal from the fund in February 2011


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


Acquired employees were properly denied shutdown benefits
  • Hodgson Russ LLP
  • USA
  • May 31 2012

Acquisitions and the offer of transition benefits for acquired employees under a seller’s plans can be tricky


Court holds that plan may recoup overpayment of pension benefits
  • Hodgson Russ LLP
  • USA
  • February 28 2012

The district court for the District of Massachusetts held that a multiemployer pension plan may recoup the overpayment of benefits, notwithstanding the participant’s intervening bankruptcy