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Do ERISA Fiduciaries Have The Burden Of Proof On Loss Causation? The Solicitor General Will Now Advise Whether The Supreme Court Should Provide The Answer

USA - May 7 2019 There is a deep circuit split on who bears the burden of proving loss causation on ERISA breach of fiduciary duty claims. The Supreme Court has now...

Megan E. Troy.

Withdrawal liability assessments How to identify possible default defendants

USA - April 25 2019 Synopsis: A recent decision by the District Court from the Southern District of New York shows why it often makes sense to consider, on a privileged...

SCOTUS Opines on Article III Standing More than a Statutory Violation is Needed

USA - March 21 2019 We previously blogged on the supplemental briefing development before the Supreme Court in Frank v. Gaos, No. 17-961, and now we can report on the...

Article III Standing to Remain a Rigorous Federal Court Impediment for Plaintiffs who Allege Damages Limited to Technical Statutory Violations

USA - February 5 2019 Seyfarth Synopsis: On November 6, 2018, the United States Supreme Court signalled that the Article III standing preconditions to federal court...

Esther Slater McDonald.

Take Note: EEOC Vacates the Incentive Sections of its Final Wellness Regulations

USA - January 28 2019 Seyfarth Synopsis: The EEOC has withdrawn the incentive provisions in its ADA and GINA wellness program regulations. The remaining provisions have...

Joy Sellstrom.