Morgan Lewis

ERISA/Employee Benefits Litigation

Publications of Interest

70 Publications Found
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07/24/14 Fifth Circuit Holds Deferred Compensation Plan Is Governed by ERISA

LawFlash/Client Alert | Employee Benefits and Labor and Employment LawFlash
Sari Alamuddin, Christopher Boran

The decision details important implications for employers that use deferred compensation arrangements.

06/27/14 Supreme Court Rejects “Presumption of Prudence” in ERISA Employer Stock Cases

LawFlash/Client Alert | Employee Benefits and Labor and Employment LawFlash
Deborah Davidson, Azeez Hayne, Christopher Boran

The Court’s Dudenhoeffer decision also provides some guidance for scrutinizing such claims at the pleadings stage.

06/19/14 Employer Stock: Public and Private-Held ESOPs, presented at the 24th Annual ABA Institute on ERISA Litigation

Presentation | Speech
Deborah Davidson

06/18/14 Hot Topics in ERISA Litigation, presented at the 24th Annual ABA Institute on ERISA Litigation

Presentation | Speech
Deborah Davidson

June 2014 Age Discrimination in Pension Plans – The Latest, Bender’s Labor & Employment Bulletin, Vol. 14 Issue 6

Outside Publication | Article
Jeremy Blumenfeld, Matthew Russell

A recent appellate decision should put employers on notice that pension plans distinguishing between employees expressly based on age – even if economically reasonable or lacking in ill motive – could be deemed age... more

December 2013 Supreme Court to Decide Applicability of the “Prudence Presumption” in ERISA Stock Cases: ESOP and 401(k) Plan Sponsors and Fiduciaries, Take Note

Morgan Lewis Title | White Paper
Deborah Davidson, R. Tracht, Lisa Barton, Gregory Braden, Matthew Russell, Allyson Ho

In Fifth Third Bancorp v. Dudenhoeffer , the U.S. Supreme Court will decide whether investments in employer stock are entitled to a “prudence presumption” under the Employee Retirement Income Security Act (ERISA) ... more

12/18/13 Hot Topics in Employee Benefits — What We’re Seeing

Presentation | Webinar
Zaitun Poonja, Steven Spencer, Mary Hevener, Julie Stapel, Brian Hector, Andy Anderson

On December 18, 2013, Morgan Lewis’s Employee Benefits and Executive Compensation Practice presented its seventh installment of our What We’re Seeing webinar series, which featured updates on hot topics and trends... more

Summer 2013 Co-author, What The Supreme Court's Decision in Comcast v. Behrend Means for ERISA Class Certification, ABA Employee Benefits Committee Newsletter

Outside Publication | Article
Azeez Hayne, Charles Jackson

This article first appeared in the Summer 2013 issue of the American Bar Association's Employee Benefits Committee Newsletter. By Charles C. Jackson and Azeez Hayne On March 27, in Comcast Corp. v. Behrend ,1more

June 2013 U.S. Airways, Inc. v. McCutchen: A Win for ‘‘Unambiguous’’ Plan Terms, but What About the Rest of Them?, Bender's Labor & Employment Bulletin

Outside Publication | Article
Jeremy Blumenfeld, A. Klair Fitzpatrick

Reproduced by Morgan, Lewis & Bockius with the permission of LexisNexis. Copyright 2013 Matthew Bender & Company, Inc., a part of LexisNexis. All rights reserved. On April 16, 2013, the Supreme Court affirme... more

05/20/13 Hot Topics in ERISA Litigation, presented at the 23rd Annual National Institute on ERISA Litigation, Chicago

Presentation | Speech
Deborah Davidson

05/06/13 Court Upholds Validity of ERISA Fiduciary Indemnification

LawFlash/Client Alert | ESOP and Employee Benefits LawFlash
David Ackerman, John Kober

Ruling rejects DOL challenge of an agreement by a 100% ESOP-owned company to advance defense costs and indemnify a trustee.

Autumn 2012 How Have Dukes and Spano Changed the Game for Class Certification of ERISA Claims?, Benefits Law Journal, Vol. 25, No. 3

Outside Publication | Article
Deborah Davidson, Sean McMahan

This article examines the impact of two recent Supreme Court and appellate decisions on ERISA class action certification. The authors examine in detail how courts approached class certification in ERISA cases pre- Dukes and Spa... more

Autumn 2012 United States v. Jicarilla Apache Nation: Is It Time to Rethink the “Fiduciary Exception” to the Attorney-Client Privilege in the Context of ERISA Fiduciaries?, Benefits Law Journal, Vol. 25, No. 3

Outside Publication | Article
Ellen Perlioni, Christopher Weals

This article looks at how the attorney-client privilege applies to communications regarding employee benefit plans and examines a recent Supreme Court decision addressing the "fiduciary exception" to the privilege. The authors s... more

11/28/12 Private Equity Fund Is Not a “Trade or Business” Under ERISA

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

District court decision refutes 2007 Pension Benefit Guaranty Corporation opinion letter and could provide potential clarity to private equity firms and private equity funds in determining how to structure their investments.

09/13/12 Hot Topics in Employee Benefits – What We’re Seeing

Presentation | Webinar
R. Tracht, Mims Zabriskie, Steven Spencer, Mary Hevener, Julie Stapel, Brian Hector, Althea Day

On September 13, 2012, Morgan Lewis's Employee Benefits and Executive Compensation Practice presented its second installment of our "Hot Topics in Employee Benefits - What We're Seeing" webinar series, which featured updates on ... more

06/27/12 Hot Topics in Employee Benefits – What We’re Seeing

Presentation | Webinar
Brian Hector, Daniel Hogans, Lisa Barton, David Fuller, Steven Spencer, Craig Bitman, Andy Anderson

On June 27, 2012, Morgan Lewis's Employee Benefits and Executive Compensation Practice presented its first installment of our "Hot Topics in Employee Benefits - What We're Seeing" webinar series, which featured updates on hot top... more

2012 ERISA Class Exemptions, Fourth Edition (Bloomberg BNA)

Outside Publication | Book
Michael Richman, Donald Myers

ERISA Class Exemptions, Third Edition provides a complete, up-to-date resource on ERISA class exemptions. It includes class exemption grants, amendments, and proposals, covering such important developments as the amended QPA... more

12/09/11 Direct Action Theory: Should a Single 401(k) Participant Be Allowed to Sue on Behalf of All Participants Without Certifying a Class Action?, Benefits Law Journal, Vol. 24, No. 4

Outside Publication | Article
Julia Sturniolo, Azeez Hayne

In the past decade, it has become increasingly common for 401(k) plan participants to sue plan fiduciaries for alleged mismanagement of plan assets. For a variety of reasons, participants have generally filed these actions und... more

11/28/11 DOL Adopts Final Regulation on Exemption for Participant-Level Investment Advice

LawFlash/Client Alert | Employee Benefits and Investment Management LawFlash
Employee Benefits and Investment Management Practices

The U.S. Department of Labor (DOL) has adopted a final regulation to implement the statutory exemption from the prohibited transaction rules of the Employee Retirement Income Security Act of 1974, as amended (ERISA), for the ... more

11/28/11 Significant Changes to San Francisco Health Care Security Ordinance Require Immediate Employer Action; ERISA Preemption Controversy Reopened

LawFlash/Client Alert | Employee Benefits LawFlash
Andy Anderson

Last week, San Francisco Mayor Ed Lee signed legislation that significantly revises parts of the city's Health Care Security Ordinance (Ordinance). In particular, the revised Ordinance imposes detailed design and administrative... more

11/08/11 The Second Circuit Stance In Citigroup ERISA Litigation, Law360

Outside Publication | Article
Christopher Weals

10/28/11 Second Circuit's Citigroup Decision Endorses Presumption of Prudence, Upholds Dismissal of Disclosure Claims

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

In a much-anticipated decision, the U.S. Court of Appeals for the Second Circuit joined five other circuits in ruling that employer stock in a 401(k) plan is subject to a "presumption of prudence" that a plaintiff alleging fiduc... more

09/21/11 DOL Announces Intent to Repropose Rule on Definition of "Fiduciary"

LawFlash/Client Alert | Employee Benefits LawFlash
Michael Richman, Donald Myers

On September 19, the U.S. Department of Labor (DOL) announced that it will repropose its pending regulation that would amend the definition of what constitutes "investment advice" for purposes of creating fiduciary status under ... more

01/31/11 ERISA Fiduciary Responsibility and Disclosure Issues for 2011: Regulatory, Compliance, and Legislative Outlook

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

This past year was an active year for developments in the fiduciary responsibility and disclosure areas of the Employee Retirement Income Security Act of 1974, as amended (ERISA). This LawFlash reviews the new and proposed regu... more

January 2011 Who May Sue You And Why, How To Reduce Your Employee Retirement Income Security Act (Erisa) Risks, And The Role Of Fiduciary Liability Insurance

Outside Publication | Article
Charles Jackson

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