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Article

McDermott Will & Emery | USA | 11 Apr 2018

ESOP Litigation Trends: Department of Labor Voids Fiduciary Indemnification Agreements to Reach Settlements

The US Department of Labor has taken the position that certain indemnification clauses are void against public policy under Section 410 of ERISA. This

Article

Jorden Burt LLP | USA | 20 Apr 2011

Reinsurance dispute not core proceeding in bankruptcy action

The Delaware federal district court issued an order directing the district's bankruptcy court to determine whether an adversary proceeding constituted a "core" proceeding.

Article

Hodgson Russ LLP | USA | 8 Mar 2011

Former trustee’s argument regarding mental state solidifies his liability for losses to profit-sharing plan

The current trustees of a medical practice's profit-sharing plan sued the plan's former sole trustee for breach of fiduciary duty under ERISA related to losses he caused to the plan.

Article

Katten Muchin Rosenman LLP | USA | 13 Mar 2009

Supreme Court to resolve circuit split regarding excessive fund advisor fees

On March 9, the U.S. Supreme Court granted certiorari in Jones v. Harris Associates L.P., 527 F.3d 627 (7th Cir. 2008).

Article

Bryan Cave Leighton Paisner (Bryan Cave) | USA | 10 Mar 2009

Title coverage may be terminated upon entity dissolution

In the United States, it is generally understood that an owner’s policy of title insurance is not transferable to a third party buyer of the insured real property.

Article

Reed Smith LLP | USA | 10 Jun 2008

‘Deepening insolvency’ claim unsuccccessful

The “deepening insolvency” doctrine received another blow when a federal bankruptcy judge dismissed claims against the former directors and shareholders of a corporation for allegedly covering up massive fraud perpetuated by the business.

Article

Wiley Rein LLP | USA | 14 Jun 2007

New York court holds insured v insured exclusion bars coverage only for portion of suit brought by individual insureds

A New York State trial court has held that an insured v insured exclusion in a not-for-profit policy barred coverage only for the portion of a suit that was brought by "Individual Insureds," ruling that there was coverage for the remainder of the suit brought on behalf of private individuals who were not insureds.

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