I have an appeal pending at the First Circuit right now concerning the interpretation of top hat plans and, thus, with discretion being the better part of valor and all that, I am not going to write too much about this new top hat decision out of the Eighth Circuit. However, for anyone out there
As I have mentioned in the past, it seems to be taking an inordinate amount of time for me to get through my countdown of the top ten posts on my blog in 2024. Nonetheless, I have finally reached the end of this countdown, even if I am a little late across the
Because I really like lawyering, I am pleased that I have had a very busy and productive February, full of client meetings, filings in courts in various jurisdictions, and interesting work. The drawback, though, is that it is now almost the end of the second month of 2025 and I still haven’t finished my countdown
There is a great article today in the Wall Street Journal on the adoption of 401(k) plans by smaller companies, noting that this phenomenon is driven by both legislative and labor market developments, and crediting these changes with pushing employee participation in 401(k) plans to half of the labor force. All good news, but there
Some things are just evergreen when it comes to ERISA, a point that is driven home whenever, as now, I publish my top ten most read blog posts of the prior year. The Supreme Court just returned, for about the umpteenth time, to the subject of excessive fee class action litigation and the question
Over on LinkedIn, Megan Wade, who writes “A Brief Review – A Connecticut Appellate Law Blog” and recently launched an appellate litigation practice in Connecticut, asked the question of at what stage of a case trial counsel should associate in appellate counsel. I thought I would answer this from the perspective
This is a really good day to be returning to my countdown of the top ten most read blog posts of 2024, because just yesterday, the Supreme Court returned to a central issue in ERISA class action and excessive fee litigation: namely, what are the pleading standards and how can they be used
I don’t exactly understand why this particular post made it all the way up the rankings to be the sixth most read post on my blog in 2024, as substantively it isn’t anywhere near as interesting to me as most of the other posts in the top ten, which discuss more novel or esoteric
Story after story keep telling the same story – that class action litigation against ERISA plan sponsors and fiduciaries is a growth industry. Encore Fiduciary’s Daniel Aronowitz and Karolina Jozwiak have a great, data rich piece out in Planadvisor documenting this fact, and the legal media world is all atwitter about the latest new way