ERISA litigation goes through phases and waves. It wasn’t that long ago that it seemed I was constantly litigating, in multiple cases, the distinction between so-called ministerial functions – which cannot support fiduciary liability – and fiduciary conduct. Here’s one example. Over time and a number of judicial decisions, an interpretative bulletin issued by
I like to call my shots when I can. So for instance, I am on record as saying Gunnar Henderson will win an MVP award within five years, the Orioles will win the World Series this year and that neither Bill Belichick nor anyone on his coaching tree will ever win a playoff game now
One of my partners, Mark Poerio, an expert on executive compensation, has written a client alert discussing what companies can consider doing proactively to encourage executives to stick around rather than move onto greener pastures. In short, they are all different ways to make the current position “greener,” so to speak, than competing pastures.