We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance

Results:1-10 of 174

Sixth Circuit enforces consent decree in benefits case
  • Squire Patton Boggs
  • USA
  • December 19 2012

In Shy v. Navistar International Corp., the Sixth Circuit affirmed the district court's decision enforcing a 1993 consent decree over employee benefits

Don’t breach your 401(k) plan fiduciary duty
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • November 8 2011

On November 1, 2011, the U.S. Department of Labor (“DOL”) announced that, pursuant to a consent judgment and order filed in the U.S. District Court for the Central District of California’s Southern Division, the former CEO and CFO of an East Los Angeles community hospital were ordered to repay over $600,000, plus post judgment interest, to the hospital’s retirement saving plan.

"Prevailing party" status not necessary for an ERISA attorneys' fees award
  • Hinshaw & Culbertson LLP
  • USA
  • May 26 2010

In a decision authored by Justice Clarence Thomas, the United States Supreme Court has declared that an ERISA claimant need not be a “prevailing party” to be eligible for an attorneys’ fees award.

Supreme Court rules for plaintiffs in two employment-related cases
  • Winston & Strawn LLP
  • USA
  • May 25 2010

On May 24, 2010, the Supreme Court issued decisions for plaintiffs in two separate cases, one under Title VII and the other under ERISA.

Department of Labor obtains judgment against current NFL player
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • October 6 2009

Last week, the U.S. Department of Labor (“DOL”) announced that it obtained a consent judgment requiring current NFL player Michael Vick (quarterback, Philadelphia Eagles) and a company he owned called MV7 LLC to repay at least $416,461.10 in restitution to a pension plan sponsored by the company, and ordered Vick to forfeit any rights to benefits from the plan.

Michael Vick gets released from the ERISA doghouse, but could you be next?
  • Porter Wright Morris & Arthur LLP
  • USA
  • October 2 2009

Sports fans, you can breath easier about your fantasy football lineups - Michael Vick is out of the doghouse with the U.S. Department of Labor, presuming he complies with a consent judgment.

Misusing plan assets leads to personal liability
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • August 10 2009

Recently, the U.S. Department of Labor (“DOL”) announced that it had obtained a consent order and judgment requiring the former president of AA Capital Partners Inc. to restore $50 million in losses to five Michigan pension funds as restitution for misuse of plan assets to the benefit of the investment firm and himself.

Deputy Pensions Ombudsman determines that a decision to withhold a member’s benefits amounted to an unlawful lien
  • Freshfields Bruckhaus Deringer
  • United Kingdom
  • September 10 2008

The Deputy Pensions Ombudsman (DPO) has held that an employer and the trustees of a scheme imposed an unlawful lien under section 91 of the Pensions Act 1995 (the Act) in breach of the rules of the relevant pension scheme after they decided to withhold a member’s benefits following accusations of fraud.