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Article

Blank Rome LLP | USA | 26 Oct 2011

401(k) investment menu held prudent

Most 401(k) plans permit a participant to direct the investment of his or her interest among available plan investment options.

Article

Winston & Strawn LLP | USA | 22 Aug 2011

Third Circuit affirms dismissal of ERISA case

On August 19th, the Third Circuit held that defendants did not breach their ERISA fiduciary duties by inadequately selecting a mix of investment options for the Unisys 401(k) plan, in which plaintiffs participated.

Article

Fox Rothschild LLP | USA | 7 Jun 2011

Decision in DBSI delays motion for summary judgment

In an 11 page opinion published May 27, 2011, Judge Walsh granted a motion under F.R.C.P. 56(d) and quoted another opinion which says “where the facts are in possession of the moving party a continuance of a motion for summary judgment for purposes of discovery should be granted almost as a matter of course.”

Article

Reed Smith LLP | USA | 27 Apr 2009

Third Circuit clarifies degree of control necessary to be an insider

A recent opinion from the U.S. Court of Appeals for the Third Circuit confirms that “actual control” over a debtor is not necessary to qualify as a nonstatutory “insider” for the purpose of extending the period for preference recovery under Section 547 of the Bankruptcy Code.

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