Labor & Employment Practice
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.
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
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
LawFlash/Client Alert | Labor and Employment LawFlash
Stanley Lechner
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.
Presentation | Webinar
R. Tracht, Lauren Licastro, Steven Spencer, Mary Hevener, Mims Zabriskie, 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
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
Outside Publication | Article
Julia Sturniolo, Azeez Hayne, Lauren Buechner
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 under ... more
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 pro... more
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
Outside Publication | Article
Christopher Weals
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
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
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
Outside Publication | Article
Charles Jackson
Outside Publication | Article
Simon Torres, Gregory Braden
Outside Publication | Article
Melissa Hill, Azeez Hayne
LawFlash/Client Alert | Employee Benefits LawFlash
Michael Richman, Donald Myers
On July 16, the long-awaited interim final regulation from the U.S. Department of Labor (DOL) on employee benefit plan service provider disclosure obligations under section 408(b)(2) of the Employee Retirement Income Security Ac... more
Outside Publication | Article
Deborah Davidson
LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice
On March 30, in Jones v. Harris Associates L.P. , No. 08-586, __ U.S. __, 2010 WL 1189560 (Mar. 30, 2010) [1] , the U.S. Supreme Court unanimously affirmed the Second Circuit's analysis in ... more
LawFlash/Client Alert | Employee Benefits LawFlash
ESOP and Employee Benefits Practice
The U.S. District Court for the Northern District of California ruled in December 2009 that statements made by an officer of Delta Star, Inc. (Company) regarding the financial condition and anticipated performance of the Company... more
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 QPAM E... more
Presentation | Video
Charles Jackson
Morgan Lewis partner, Charles C. Jackson was interviewed about ERISA Litigation.
Presentation | Speech
Deborah Davidson, Emily Glunz
Presentation | Speech
Deborah Davidson
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice
On October 23, the U.S. Department of Labor (DOL) released its much-anticipated guidance on how to complete the new Schedule C to Form 5500. The new Schedule C must be used to report certain direct and indirect compensation rec... more
Presentation | Speech
Gregory Braden
Outside Publication | Article
Christopher Weals, Charles Jackson
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice
On September 8, the U.S. Department of Labor (the DOL) issued EBSA Field Assistance Bulletin No. 2009-3, which addresses whether a plan fiduciary may use a mutual fund's summary prospectus to satisfy its prospectus delivery... more
Outside Publication | Article
Gregory Braden, Christopher Weals
Presentation | Speech
Deborah Davidson
Presentation | Speech
Deborah Davidson
Morgan Lewis partner Deborah Davidson presented at the ABA 23rd Annual Institute on ERISA Basics in Chicago. more
Presentation | Speech
Gregory Braden
Outside Publication | Article
Michael Ossip
Presentation | Speech
Gregory Braden
Presentation | Speech
Deborah Davidson
LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice
Morgan Lewis recently secured a major victory for its client Deere & Company in a 401(k) "fee and expense" ERISA class action when, on February 12, the Seventh Circuit Court of Appeals affirmed the lower court's decision in ... more
Presentation | Speech
Nicole Diller
Presentation | Speech
Craig Bitman, Jennifer Klass, Christopher Weals, Daniel Kleinman
Presentation | Speech
Nicole Diller
Presentation | Speech
Gregory Braden
Presentation | Webinar
Daniel Kleinman
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice
On July 23, the Department of Labor (DOL) released proposed regulations that would, if adopted, impose new requirements for the disclosure of fee and expense information to participants in self-directed individual account plans ... more
Presentation | Speech
Deborah Davidson
Presentation | Webinar
Deborah Davidson, Gregory Braden, Brian Ortelere
This session on the latest ERISA 401(k) litigation was presented by Morgan Lewis attorneys Gregory C. Braden, more
Outside Publication | Article
John Richards
Presentation | Speech
Deborah Davidson
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits
On December 21, 2007, the Employee Benefits Security Administration (EBSA) of the Department of Labor (DOL) issued an advisory opinion (2007-07A) stating that plan fiduciaries risk violating ERISA by utilizing pension plan asse... more
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice
On November 16, 2007, the Department of Labor (DOL) issued the final rule concerning revisions to the Form 5500 Schedule C fee disclosure for employee benefit plans. This final rule essentially adopted the proposed rule and is ... more
Presentation | Speech
Deborah Davidson
Presentation | Speech
Deborah Davidson
Presentation | Speech
Andy Anderson
Presentation | Speech
Deborah Davidson
Presentation | Speech
Christopher Weals
LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment
In the first post-Enron “stock drop” case to go to judgment following a trial, DiFelice v. US Airways, Inc. , Case No. 1:04cv889 (E.D. Va. June 26, 2006), a Morgan Lewis team headed by Labor and Employment Law partners Charles ... more
Outside Publication | Article
I. Lee Falk, Daniel Kleinman
Outside Publication | Article
Deborah Davidson
Presentation | Speech
Christopher Weals
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits
On June 21, 2004, the U.S. Supreme Court unanimously ruled in Aetna Health, Inc. v. Davila that ERISA completely preempts state law tort claims brought against two ERISA plan administrators who denied certain coverage under... more
Presentation | Speech
Nicole Diller
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits
The Department of Labor’s Pension and Welfare Benefits Administration and the Internal Revenue Service are undertaking a joint project to ensure that all employee benefit plans have complied with ERISA and IRS obligations ... more
Presentation | Speech
Nicole Diller