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Fifth Circuit opinion invalidating fiduciary rule creates circuit split; SEC moves forward on fiduciary rule proposals
  • DLA Piper
  • USA
  • April 17 2018

The Fifth Circuit Court of Appeals has vacated the Department of Labor's new fiduciary rule in its entirety, including the prohibited transaction

DOL Fiduciary Advice Rule Vacated by the Fifth Circuit
  • Seyfarth Shaw LLP
  • USA
  • March 23 2018

On March 15, 2018, in Chamber of Commerce of the U.S.A., et al. v. U.S. Department of Labor, the Court of Appeals for the Fifth Circuit invalidated

Fiduciary Rule Status in Doubt Following Conflicting Courts of Appeals Decisions
  • Kilpatrick Townsend & Stockton LLP
  • USA
  • March 16 2018

By: Todd Castleton and Sterling Perkinson The status of the Department of Labor’s (DOL) final regulation expanding the scope of fiduciary status due

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

Will the Supreme Court Finally Remove Doubt That an Employer Can Mandate That Employees Enter into Arbitration Agreements with Class Waivers?
  • Seyfarth Shaw LLP
  • USA
  • September 25 2017

In the first argument of the first day of its new term, the U.S. Supreme Court will hear oral argument in three cases presenting the issue of whether

2017 Mid-Year Securities Litigation and Enforcement Highlights
  • Baker & Hostetler LLP
  • USA
  • July 31 2017

The purpose of this report is to provide a periodic survey - in addition to our Practice Team Executive Alerts - on matters we believe to be of

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

Employment Flash - August 2016
  • Skadden Arps Slate Meagher & Flom LLP
  • USA
  • August 17 2016

On May 23, 2016, the U.S. Supreme Court ended a circuit split, ruling that the filing period for constructive discharge claims runs from the date of

No cover-up needed: Tenth Circuit rules that fraudulent concealment not required to toll the general limitations period for fiduciary breach claims
  • Seyfarth Shaw LLP
  • USA
  • April 7 2015

In the latest chapter in a long-running battle about retiree health and life insurance benefits, the Tenth Circuit recently brought retiree

Supreme Court rejects Sixth Circuit’s Yard-Man inferences in M&G Polymers USA, LLC v. Tackett
  • McDermott Will & Emery
  • USA
  • February 18 2015

In M&G Polymers USA, LLC v. Tackett, 135 S. Ct. 935 (2015), the Supreme Court of the United States addressed the interpretation of collective