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33 results found


McGuireWoods LLP | USA | 2 Apr 2018

9th Circuit: Employers Are Not ERISA Fiduciaries For Unpaid Multi-Employer Plan Contributions

The 9th U.S. Circuit Court of Appeals recently affirmed the dismissal of an action brought by several multi-employer funds against owners and officers


McGuireWoods LLP | USA | 29 Sep 2017

PBGC Issues Guidance on ‘Active Participant Reduction’ Reportable Events

On Sept. 15, the Pension Benefit Guaranty Corporation (PBGC) issued a technical update providing interim guidance under its final rule on reportable


McGuireWoods LLP | USA | 8 Jun 2017

Supreme Court: ERISA ‘Church Plan’ Exemption Applies to Religiously Affiliated Hospital Plans

In a victory for religiously affiliated hospitals sponsoring defined benefit (DB) plans, the U.S. Supreme Court ruled on June 5 that such plans need


McGuireWoods LLP | USA | 16 Aug 2016

The New Front in Retirement Plan Litigation: Higher Education in the Crosshairs

Over the past week, lawsuits have been filed against seven prominent private universities in connection with their respective retirement plans. The


McGuireWoods LLP | USA | 3 Mar 2016

Supreme Court: ERISA Pre-empts Vermont’s Health Data Collection Law as Applied to Self-Insured Health Plans

In Gobeille v. Liberty Mut. Ins. Co., No. 14-181, 2016 U.S. LEXIS 1612 (Mar. 1, 2016), the U.S. Supreme Court held that ERISA pre-empts Vermont's


McGuireWoods LLP | USA | 27 Jan 2016

Supreme Court Rejects ERISA Stock-Drop Complaint for Failing Dudenhoeffer Pleading Standards

Earlier this week, the Supreme Court emphatically reversed the Court of Appeals for the Ninth Circuit in an ERISA stock-drop lawsuit. The Supreme


McGuireWoods LLP | USA | 26 Jan 2016

Supreme Court Limits ERISA Healthcare Plan’s Reimbursement Rights: What Montanile Really Means

Last week, the United States Supreme Court held that an ERISA healthcare benefit plan with reimbursement rights can only obtain "appropriate


McGuireWoods LLP | USA | 25 Sep 2015

Pension Benefit Guaranty Corporation issues final regulations on reportable events

Earlier this month, the Pension Benefit Guaranty Corporation (PBGC) issued final regulations on reportable events under ERISA in connection with


McGuireWoods LLP | USA | 12 Aug 2015

Ninth Circuit: multiemployer plan calling unpaid contributions “plan assets” does not make persons controlling contribution payments ERISA fiduciaries

The Ninth Circuit recently held that a multiemployer pension plan (MEP) cannot label unpaid contributions as "plan assets" so as to impose ERISA


McGuireWoods LLP | USA | 19 May 2015

Supreme Court: ERISA imposes continuing fiduciary duty to monitor plan investment options

Section 409 of ERISA imposes personal liability on a plan fiduciary to make good to the plan any losses resulting from the fiduciary's breach of any

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