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Third Circuit Deepens Circuit Split Over Test for “Top Hat” Status Under ERISA
  • Proskauer Rose LLP
  • USA
  • February 23 2018

A Third Circuit decision, Sikora v. UPMC, 876 F.3d 110 (3d Cir. 2017), deepens a circuit split over whether a participant’s bargaining power is


Are Taft-Hartley Boards Conflicted When Reviewing ERISA Benefits Determinations? Circuit Courts Are Split.
  • Proskauer Rose LLP
  • USA
  • March 22 2017

Although it has been nearly three decades since the Supreme Court first explained the appropriate standard of review for ERISA benefit claims, there


ERISA Fee Litigation Continues to Expand with New Claims Seeking to Impose Heightened Fiduciary Standards for 401(k) Plans
  • Proskauer Rose LLP
  • USA
  • July 31 2016

Buoyed by their recent success in fee litigation cases against plan fiduciaries, plaintiffs' counsel are bringing more lawsuits seeking to impose


Sun Capital Court Finds Co-Investing Funds Part of Controlled Group and Liable for Portfolio Company’s Pension Liabilities
  • Proskauer Rose LLP
  • USA
  • April 5 2016

District Court finds affiliated funds acted in de facto partnership which controlled portfolio company; Decision may be significant in making private


New FINRA new issue rule will require additional information from investors in private funds
  • Proskauer Rose LLP
  • USA
  • April 20 2011

The Financial Industry Regulatory Authority, Inc. (FINRA) recently adopted new Rule 5131, which will become effective on May 27, 2011.


Second Circuit holds Taft-Hartley funds are inherently conflicted when making benefit determinations
  • Proskauer Rose LLP
  • USA
  • July 13 2010

In a case of first impression in the Second Circuit, the U.S. Court of Appeals held, in Durakovic v. Building Service 32 BJ Pension Fund, No. 09-3651-cv, 2010 WL 2519645 (2d Cir. June 24, 2010), that Taft-Hartley funds (administered by boards of trustees consisting of an equal number of union and employer representatives) are inherently conflicted when making benefit determinations because, like insurance companies and employers administering their self-insured plans, they both evaluate and pay claims.


The Ninth Circuit holds that an IRA's named beneficiaries, rather than the decedent’s wife, were entitled to the IRA funds after his death, even though some of the funds in the IRA had been rolled over from a 401(k) plan
  • Proskauer Rose LLP
  • USA
  • March 10 2010

The Ninth Circuit held that the named beneficiaries of an IRA, rather than the IRA owner's wife, were entitled to the IRA funds after his death, even though some of the funds in the IRA had been rolled over from a 401(k) plan subject to ERISA's surviving spouse provisions.


Paul M. Hamburger
  • Proskauer Rose LLP

Andrew M Katzenstein
  • Proskauer Rose LLP

Lisa A. Berkowitz Herrnson
  • Proskauer Rose LLP