Handbook on Erisa Litigation


Author: James F. Jorden,Waldemar J. Pflepsen (Jr.),W. Glenn Merten
Publisher: Wolters Kluwer Law & Business
ISBN: 1454862068
Category: Business & Economics
Page: 1070
View: 4238

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Handbook on ERISA Litigation cuts through complicated statutory provisions and tells you which ERISA claims are recognized by which courts and how to litigate them. Helpful litigation checklists and forms are provided on key aspects of ERISA litigation as well as hundreds of citations to leading federal and state cases. Every major claim area under ERISA is covered: Fiduciary liability Violation of ERISA reporting and notification requirements ERISA discrimination claims and related statutory claims Plan termination claims Overfunded and underfunded plans Tax litigation Claims by the U.S. Department of Labor and the Pension Benefit Guaranty Corporation (PBGC) The Handbook helps you to counsel clients more knowledgeably and to litigate ERISA disputes more effectively by identifying the issues, presenting litigation strategies, and reducing the time needed to prepare pleadings and briefs. In one, easy-to-read volume, you'll find expert analysis of: The structure and scope of ERISA, so you can easily determine whether and in what fashion ERISA is relevant to the resolution of a dispute Exceptions to ERISA and preemption issues, keeping you fully apprised of the extent to which ERISA can be used by or against you, particularly with respect to preemption laws The procedural rules of the road, providing you with practical insights into jurisdictional, venue, standing, discovery, and evidentiary issues, and how these may affect the outcome of your cases Handbook on ERISA Litigation has been updated to include: The impact of the Affordable Care Act upon ERISA practice and procedure Expanded coverage of overlapping federal statutory claims such as the Pregnancy Discrimination Act, federal disability discrimination laws, and other claims of gender and family status discrimination (including same-sex marriage/partnership issues) Expanded discussion of recent U.S. Supreme Court decisions on the continuing fiduciary obligation to monitor plan investments, availability of various forms of relief for ERISA benefits claims and breach of fiduciary duty claims, the enforceability of limitations provisions contained in employee benefit plans, employer stock drop claims, and the supremacy of employee benefit plan terms over equitable or common law principles Continuing developments in ERISA preemption analysis clarifying the scope and reach of federal preemption And more!

University of Chicago Law Review: Volume 81, Number 2 - Spring 2014


Author: University of Chicago Law Review
Publisher: Quid Pro Books
ISBN: 1610278658
Category: Law
Page: 440
View: 7130

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The second issue of 2014 features articles and essays from recognized scholars. Contents include these Articles: • "Group to Individual (G2i) Inference in Scientific Expert Testimony," David L. Faigman, John Monahan & Christopher Slobogin • "Game Theory and the Structure of Administrative Law," Yehonatan Givati • "Habeas and the Roberts Court," Aziz Z. Huq • "Cost-Benefit Analysis and Agency Independence," Michael A. Livermore • "Accommodating Every Body," Michael Ashley Stein, Anita Silvers, Bradley A. Areheart & Leslie Pickering Francis In addition, the issue includes a Review Essay by Sharon R. Krause entitled "The Liberalism of Love," and these student Comments: • "Toward a Uniform Rule: The Collapse of the Civil-Criminal Divide in Appellate Review of Multitheory General Verdicts," Nathan H. Jack • "All out of Chewing Gum: A Case for a More Coherent Limitations Period for ERISA Breach-of-Fiduciary-Duty Claims," Raphael Janove Quality ebook formatting includes active TOC, linked notes, active URLs in notes, and all the charts, tables, and formulae found in the original print version.

Complete Guide to Human Resources and the Law, 2019 Edition


Author: Shilling
Publisher: Wolters Kluwer Law & Business
ISBN: 1454899948
Category:
Page: 1828
View: 7285

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The Complete Guide to Human Resources and the Law will help you navigate complex and potentially costly Human Resources issues. You'll know what to do (and what not to do) to avoid costly mistakes or oversights, confront HR problems - legally and effectively - and understand the rules. The Complete Guide to Human Resources and the Law offers fast, dependable, plain English legal guidance for HR-related situations from ADA accommodation, diversity training, and privacy issues to hiring and termination, employee benefit plans, compensation, and recordkeeping. It brings you the most up-to-date information as well as practical tips and checklists in a well-organized, easy-to-use resource. The 2019 Edition provides new and expanded coverage of issues such as: The Supreme Court held in March 2016 that to prove damages in an Fair Labor Standards Act (FLSA) donning/doffing class action, an expert witness' testimony could be admitted Tyson Foods, Inc. v. Bouaphakeo, 136 S. Ct. 1036 (2016). Executive Order 13706, signed on Labor Day 2015, takes effect in 2017. It requires federal contractors to allow employees to accrue at least one hour of paid sick leave for every 30 hours they work, and unused sick leave can be carried over from year to year. Mid-2016 DOL regulations make millions more white-collar employees eligible for overtime pay, by greatly increasing the salary threshold for the white-collar exemption. Updates on the PATH Act (Protecting Americans From Tax Hikes; Pub. L. No. 114-113. The DOL published the "fiduciary rule" in final form in April 2016, with full compliance scheduled for January 1, 2018. The rule makes it clear that brokers who are paid to offer guidance on retirement accounts and Individual Retirement Arrangements (IRAs) are fiduciaries. In early 2016, the Equal Employment Opportunity Commission (EEOC) announced it would allow charging parties to request copies of the employer's position statement in response to the charge. The Supreme Court ruled that, in constructive discharge timing requirements run from the date the employee gives notice of his or her resignation--not the effective date of the resignation. Certiorari was granted to determine if the Federal Arbitration Act (FAA) preempts consideration of severing provisions for unconscionability. Previous Edition: Complete Guide to Human Resources and the Law, 2018 Edition ISBN 9781454884309

ERISA litigation


Author: Max J. Schwartz,Practising Law Institute
Publisher: N.A
ISBN: N.A
Category: Actions and defenses
Page: 264
View: 7469

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ERISA

A Comprehensive Guide
Author: Paul J. Schneider,Brian M. Pinheiro
Publisher: Aspen Publishers Online
ISBN: 0735509107
Category: Law
Page: 1012
View: 8712

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The Fourth Edition of ERISA: A Comprehensive Guide provides a thorough and authoritative analysis of the principal statutory provisions of the Employee Retirement Income Security Act of 1974 (ERISA) and the corresponding provisions of the Internal Revenue Code (Code) dealing with employee benefits. It also discusses and explains the multitude of regulations, rulings, and interpretations issued by the Department of the Treasury, the Internal Revenue Service, the Department of Labor, and the Pension Benefit Guaranty Corporation in explanation of ERISA; the Code provisions relating to the requirements for tax-qualified retirement plans; and the subsequent legislation amending or supplementing ERISA and such Code provisions. Cited by the Supreme Court, ERISA: A Comprehensive Guide discusses and explains the multitude of regulations, rulings, and interpretations issued by the Department of the Treasury, the Internal Revenue Service, the Department of Labor, and the Pension Benefit Guaranty Corporation in explanation of ERISA and the subsequent legislation amending or supplementing ERISA. ERISA: A Comprehensive Guide has been updated to include: A new chapter that focuses on the key federal employment laws, such as the antidiscrimination, wage and hour, and leave laws, which often must be considered by benefits professionals when providing benefits advice to their clients A revised chapter on ERISA preemption, which includes a new discussion of what constitutes a "plan" for purposes of applying ERISA preemption and an updated discussion of the impact of the Supreme Court's decision in Cigna Corp. v. Amara on ERISA preemption A summary of the requirement of providing health plan participants with a Summary of Benefits and Coverage has been added to the discussion of benefit plan notice requirements An update on recent court decisions involving 401(k) fee litigation and the extent to which excessive or undisclosed fees can constitute a breach of ERISA fiduciary duty. The Department of Labor's final regulations issued under ERISA Section 408(b)(2), regarding the disclosure that must be made by service providers to plan fiduciaries concerning the direct and indirect compensation that the service providers receive in connection with providing services to a covered plan A discussion regarding the income tax consequences of employer-paid COBRA premiums A discussion regarding successor liability in asset sale transactions has been added to the chapter on mergers and acquisitions A discussion regarding the extent to which an employer's interference with the benefits of union supporters may constitute an unfair labor practice under the National Labor Relations Act

ERISA litigation

a basic guide
Author: Ira R. Mitzner
Publisher: Intl Foundation of Employee benefit
ISBN: N.A
Category: Law
Page: 186
View: 1724

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ERISA Litigation

A Publication of the American Bar Association, Center for Continuing Legal Education ... [et Al.].
Author: American Bar Association. Joint Committee on Employee Benefits
Publisher: N.A
ISBN: 9781604427738
Category: Pension trusts
Page: N.A
View: 4464

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ERISA Survey of Federal Circuits


Author: Brooks R. Magratten
Publisher: American Bar Association
ISBN: 9781604427479
Category: Law
Page: 538
View: 9923

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Circuits can vary significantly in their approach to substantive and procedural ERISA issues. The book addresses all the issues that frequently arise in the prosecution and defense of claims for ERISA-regulated benefits.

Legal Risk Management for In-House Counsel and Managers

A Manager’S Guide to Legal and Corporate Risk Management
Author: Bryan E. Hopkins
Publisher: Partridge Publishing Singapore
ISBN: 1482896389
Category: Law
Page: 296
View: 2706

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Companies must either properly manage the complex world of legal and corporate risk or suffer the consequences. Author Bryan E. Hopkins, the former General Counsel of Samsung Electronics America, identifies the numerous areas of legal and corporate risk that managers and their company counsel face daily. More importantly, he provides concrete examples that demonstrate how to minimize or mitigate legal and corporate risk. He provides case studies, practical information, and insights to help you conduct an initial legal risk assessment; establish a compliance program; retain records that minimize risk; transfer risk;and navigate the discovery process. Legal counsel must take an active effort in developing strategies, systems, and processes that minimize the legal risks faced by the company on a daily basis. Managers must also be involved to ensure the company develops a successful legal risk management program. Many companies dont think about risk management until theyre confronted with class-action lawsuits, product liability claims, government investigations, shareholder actions and fines. Take a proactive approach to protecting your company with Legal Risk Management for In-House Counsel and Managers.

Fundamentals of Insurance Coverage in all 50 States - Fourth Edition


Author: Bradley W. Matthiesen,Gary L. Wickert,Douglas W. Lehrer
Publisher: Juris Publishing, Inc.
ISBN: 1578233380
Category: Law
Page: 1238
View: 1090

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Fundamentals of Insurance Coverage in All 50 States is a unique compendium and overview of all aspects of insurance coverage law in every state, with a special emphasis on some of the unique aspects of insurance coverage involving environmental claims. The treatise utilizes and cites state and federal statutes, insurance regulations, and case law from every state, as a framework for a unique and unprecedented treatment of this complicated subject. The book is designed specifically for insurance claims handlers and supervisors who have responsibility for or occasion to deal with coverage issues relating to third-party defense litigation, first-party claims litigation, and reservation of rights scenarios. In addition to being an excellent and easy to understand primer on coverage issues and the basic insurance contract, this book is suitable for both the inexperienced claims professional and the seasoned veteran. It is also the perfect "starting point" for any research or litigation briefing by trial lawyers, defense counsel, or in-house insurance counsel. It is a must for anyone with multi-state responsibilities. Fundamentals of Insurance Coverage in All 50 States compile all of the relevant law, regulations and case decisions from all 50 states into one easy to understand and easy to use reference book, the first place a lawyer or claims handler should turn when coverage matters rear their ugly heads. The book intentionally omits references to federal law, which plays a very limited role in insurance regulation, except insofar as it may be necessary to clarify issues of state law. The book is a comprehensive treatment of all coverage issues that the average insurance lawyer, claims handler or supervisor might be expected to run across in any given situation. This one of a kind treatise covers the following issues in all 50 jurisdictions: • Understanding Contracts of Insurance • Law Governing Insurance Policies • Tackling Ambiguity and Interpretation of Policies • General Contract Rules for Interpretation • Rights and Obligations of Contracting Parties • Limitations of the "Construed against Drafter" Rule • The Extent of Risks and Coverages • Good Faith and Fair Dealing; Bad Faith • Basic Policy Defenses • Cooperation of the Insured • Failure to Pay Premiums • Environmental Issues and Related Insurance Law

Covenants Not to Compete, 4th Edition


Author: Filipp
Publisher: Wolters Kluwer Law & Business
ISBN: 1454872608
Category: Business & Economics
Page: 1386
View: 1133

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Covenants Not to Compete fully explores legal principles for forming, drafting and implementing sound non-competition agreements. It clearly lays out what interests can be protested and covers the legal limits of enforceability. It is the most complete, practical resource on the subject of restrictive covenants, covering the litigation process from discovery through closing argument, including plaintiff and defendant approaches. The Fourth Edition provides up-to-date information on topics as: State law as reflected in State Care Digests for all 40 states, Puerto Rico and the District of Columbia Drafting considerations Assignments of covenants as a result of mergers and acquisitions Covenants Not to Compete even includes ready-to-use documents as well as individual clauses that can be easily customized for specific needs. Among these legally sound models are: Employments agreements in a variety of contexts Settlement and release agreements Confidential information clauses Non-competition provisions Litigation forms Covenants Not to Compete has been updated to include: New cases from various states addressing whether restrictions contained within a covenant not to compete in the employment context are reasonable Recent cases from various states addressing damages and injunctive relief New cases from various states analyzing covenants not to compete in connection with the sale of a business Recent cases from various states addressing the so-called -bluepencil- doctrine Recent cases addressing non-solicitation agreements and consideration issues

Criminal Investigation


Author: Becker,Ronald F. Becker,Aric W. Dutelle
Publisher: Jones & Bartlett Publishers
ISBN: 1449602150
Category: Law
Page: 576
View: 7530

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Designed for Criminal Investigation courses, this thoroughly revised and updated Fourth Edition integrates criminal investigation with forensic science and legal foundations. It provides an in-depth look at the investigative process as well as the ethical considerations that apply. Discussions on investigative procedures, detailed figures, and real-life examples enhance the reader’s understanding and demonstrate how to effectively apply the techniques and tools presented. This ideal resource covers all aspects of criminal investigation pertaining to all types of crimes, not just homicide. It contains chapters on assault, aggravated assault, sexual assault, robbery, theft, burglary, arson, terrorism, cybercrime, and more. The integrated and accessible approach of the Fourth Edition will provide the reader with a solid foundation in criminal investigation techniques and procedures, as well as the applicable forensic and constitutional considerations. Criminal Investigation, Fourth Edition can be bundled with these online lab manuals and workbook, that along with the student companion website, provide your students with a solid foundation in criminal investigation. Ask your sales representative for discount bundle pricing and ISBN information. -Criminal Investigation Workbook, by Aric Dutelle -Basic Laboratory Manual for Forensic Science, by Ann Wolbert Burgess -Laboratory Manual for Criminalistics and Forensic Science, by Sherry T. Brown Key Features: -Chapters have been reorganized, and some combined, to include new up-to-date and relevant material. -Readers will learn how investigations are connected to a team that is much larger than those charged with the investigation of the crime, which includes first responders, forensic personnel, and prosecutors.