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31 results found

Article

Porter Wright Morris & Arthur LLP | USA | 11 Jun 2014

ERISA preemption of state law regarding multiemployer health, welfare and retirement benefits

The Pennsylvania General Assembly has given us another opportunity to expand our employee benefit plan boundaries discussion. This time, the

Article

Porter Wright Morris & Arthur LLP | USA | 10 Jun 2014

The ESOP sponsor fiduciary boundary dispute, employer contribution edition

As a follow up to our blog on the ERISA sponsor fiduciary boundary dispute, here is another case,Coulter v. Morgan Stanley & Co. Inc., from the

Article

Porter Wright Morris & Arthur LLP | USA | 12 May 2014

ERISA Section 510: wanting to be a participant, versus being a participant

My assistant informed me that my patience is shot and I need to do something about that, so I am channeling my energy into one issue. Since health

Article

Porter Wright Morris & Arthur LLP | USA | 10 Mar 2014

Facebook brag underscores the enforceability of confidentiality clauses in settlement agreements

Settlement agreements are fairly common in the ERISA employee benefits area. We typically do not need "unique" provisions for these agreements

Article

Porter Wright Morris & Arthur LLP | USA | 18 Feb 2014

Audits of benefit plan financials what they are and are not

Department of Labor investigations of employee benefit plans can be challenging experiences for employers. The time demand can be a significant drain

Article

Porter Wright Morris & Arthur LLP | USA | 10 Feb 2014

ERISA preemption is complicated except when it isn’t

In light of Health Care Reform, we anticipate ERISA preemption cases to start popping up more frequently. Two recent decisions demonstrate that ERISA

Article

Porter Wright Morris & Arthur LLP | USA | 7 Jan 2014

ESOP trustee indemnification stymied by arbitrator’s legally unsupportable analysis Schafer v. Multiband Corp.

I am not a fan of binding arbitration in the context of ERISA plans, and a new Sixth Circuit decision, Schafer v. Multiband Corp., demonstrates why

Article

Porter Wright Morris & Arthur LLP | USA | 3 Jan 2014

Frommert v. Conkright “actuarial heresy” is back again

Frommert v. Conkright, the Xerox "actuarial heresy" floor-offset plan case is back. This time, the Second Circuit has ruled that the new

Article

Porter Wright Morris & Arthur LLP | USA | 20 Dec 2013

Supreme Court takes on Fifth Third Bancorp v. Dudenhoeffer ESOP dispute

As I mentioned in my Heimeshoff v. Hartford blog, the U.S. Supreme Court has agreed to review Dudenhoeffer v. Fifth Third Bancorp, now captioned

Article

Porter Wright Morris & Arthur LLP | USA | 17 Dec 2013

Heimeshoff v. Hartford: Supreme Court upholds ERISA plan document’s three-year statute of limitations for benefit claims

I have been blogging about ERISA basic principles and respect for boundaries, and just got a little help from the U.S. Supreme Court. In Heimeshoff v

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