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McDermott Will & Emery | USA | 18 Jun 2019

Supreme Court Agrees to Hear Sulyma v. Intel Statute-of-Limitations Decision

The US Supreme Court recently agreed to hear Sulyma v. Intel Corp. Investment Policy Committee, a case in which the Ninth Circuit ruled that ERISA’s


Morgan Lewis | USA | 20 May 2019

Top 10 Areas of Focus in DOL Investigations of Retirement Plans

The US Department of Labor (DOL) has been extremely active in recent years as the federal agency investigating and enforcing the fiduciary duties


Faruki PLL | USA | 7 May 2019

What’s an Employer to Do About its Standard Arbitration Agreement in all of its Employee Contracts in Ohio - Arnold v. Burger King and Jones v. Carrols, LLC dba Burger King

If you’ve ever eaten at a Burger King in Ohio, it may well be one that is owned and operated by Carrols LLC, the largest franchisee of Burger King


Conn Maciel Carey LLP | USA | 22 Jan 2019

Ninth Circuit Allows Pension Fund to Wipe Out Credit for Prior Partial Withdrawal Liability

An important decision issued by the Ninth Circuit Court of Appeals last month once again illustrates the one-sided nature of many withdrawal liability


Ogletree Deakins | USA | 21 Dec 2018

Under ERISA, Ignorance Is Bliss in the Ninth Circuit

In Sulyma v. Intel Corporation Investment Policy Committee, the Ninth Circuit Court of Appeals recently held that having access to documents


Foster Swift Collins & Smith PC | USA | 13 Dec 2018

The Ninth Circuit Questions the Sixth Circuit's Understanding of "Actual Knowledge" in ERISA Statute of Limitations Decision

On November 28, 2018, the Court of Appeals for the Ninth Circuit issued an opinion in the matter of Sulyma v. Intel Corporation Investment Policy


Dickinson Wright | USA | 29 Oct 2018

Buyers Beware: Sixth Circuit Holds That Asset Purchaser Can Be Sued for Predecessor’s Unpaid Pension Liability

In a typical asset sale transaction, the purchaser takes great care to disclaim any responsibility for the seller’s business debts. When the seller


McGuireWoods LLP | USA | 18 Sep 2018

Third parties face pension liability under controlled-group and successorship theories

Pension funding obligations for Employee Retirement Income Security Act (ERISA) pension plans are not limited to the immediate employer and sponsor of


Proskauer Rose LLP | USA | 17 Sep 2018

ERISA Doesn’t Preempt Nevada Law Limiting General Contractors’ Obligations To Pay Delinquent Contributions

The Ninth Circuit recently held that ERISA does not preempt a Nevada state law that curtailed the ability of multiemployer plans to recover unpaid


Manatt Phelps & Phillips LLP | USA | 21 Aug 2018

Refusing Room and Board Coverage Violates Mental Health Parity

On June 6, 2018, the Ninth Circuit revived a lawsuit, Danny P. et al. v. Catholic Health Initiatives, No. 16-35609, challenging the denial of a claim

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