Maryland has given up the fight over its Wal-Mart bill, which essentially targeted Wal-Mart and tried to force it to increase the health care benefits provided to its employees; as many of you will recall, the Fourth Circuit and the district court both found the act to be preempted by ERISA. Most commentators, including this
Architects and Copyrights – Who Holds the Rights in the Design of a Building?
I have a confession to make: I like houses. I remember an old Arlo and Janis cartoon, in which they respond to a bad day by pulling out the plans for their dream home, which they know they will never build, and add another elaborate room to it: that’s me. And so I greatly enjoy
Defined Benefit, Defined Contribution, and The Psychological Effect on Litigants
Here is a very neat and interesting paper contrasting defined benefit plans – i.e. pensions – with defined contribution plans – i.e. 401(k) plans – and addressing, in particular: (1) the decline in the former in the workplace and replacement by the latter; and (2) the problems engendered by that change. In essence, the authors
Introducing Pension Governance LLC
I have talked before about my tendency to veer from my appointed rounds when something more interesting appears on the horizon than that which I had planned to work or post on, and today is another one of those days. I came in full of grand hopes to discuss insurance coverage for intellectual property risks
The Supreme Court’s Next Words on Fiduciary Duties and Pension Plans
Here is a terrific and in-depth review of the underlying facts and issues in the pending Supreme Court case of Beck v. Pace International Union, which is scheduled to be argued later this month, and which involves the extent, if any, to which fiduciary obligations apply to a decision to terminate a pension plan
Merger and Anti-Cutback Provisions of ERISA, and a Handy Rule of Thumb
This case, out of the United States District Court for the District of Massachusetts, provides a nice little rule of thumb for amending, merging or otherwise altering retirement benefit plans – namely, that it makes it hard to get sued and lose if you make the changes in a way that avoids altering the actual benefit
Unfunded Pensions and Green Mountain Captives
Interesting collection of articles across the mainstream business press today for those interested in the subjects covered by this blog. Two interesting pieces – one factual, one commentary – on the rickety condition of state and municipal pensions, and their impact on the fiscal health of states and local governments. Still more interesting, at
Why Hire Coverage Counsel?
If I have said it once on this blog, in seminars and in meetings, I have said it a thousand times: always look to your insurance coverage when sued, even if you don’t think the lawsuit fits within the coverages you or your company purchased, and when necessary, such as if the dollar amounts at
Still More on Structural Conflicts of Interest
Day 3 of my discussion of the First Circuit’s recent ruling concerning structural conflicts of interest and their impact on claims for benefits under ERISA: Workplace Prof blog has his take, and quotes from others, here, and one of my favorite, quirkier, law blogs, Appellate Law & Practice, has its take here.
A Survey of All the Circuits on the Effect on the Standard of Review of Structural Conflicts of Interest
One of the things lawyers learn early in their careers is that the time it takes to research a particular issue can be reduced dramatically by finding a good published decision out of one of the better federal courts on the issue; such an opinion will often include an excellent synopsis, at a minimum, of