Topic: ERISA

JD Supra Corporate Brief: OSHA Inspections, Sustainable Buildings, Religious Discrimination, Export Controls

On the go? Get the JD Supra Morning Brief delivered straight to your inbox, every weekday morning. Sign up here. “We’re from OSHA and we’re here to visit your workplace…” (King & Spalding) Here’s your 52-page guide to developing, investing in, and managing sustainable buildings around the world… (DLA Piper) New guidance from the EEOC… Read more »

JD Supra Corporate Brief: Energy Regulation, FCA Enforcers, Activist Investors, Government Surveillance

Happy birthday, Department of Homeland Security! An appeals court just confirmed that Daniel Rochow is entitled to a $3.8 million payment stemming from the denial of his ERISA benefits… (Robert Shaw and Mark Thomas at Williams Mullen) EPA regulation, Tier 3 & 4 standards, carbon capture, and other top energy and environmental regulatory issues to… Read more »

JD Supra Corporate Brief: FCPA Enforcement, Consumer Data, Trade Secrets, ERISA Advisories

Breaking up is hard to do: on this day in 1982, AT&T agrees to break up and divest itself of 22 local telephone operating companies. It’s everything you need to know about FCPA enforcement in 2013. Really – everything… (Shearman & Sterling) Do you collect personally identifiable information on your website? (Kent Schmidt at Dorsey… Read more »

JD Supra Corporate Brief: Financial Reform, Patent Infringement, CFPB Compliance, ERISA Lawsuits

It’s Friday, you’re drinking coffee, and the JD Supra Corporate Brief is here. Does it get any better? C’mon kids: grab some cocoa and sit by the fire for the traditional holiday non-compete tale… (Michael Greco at Fisher & Phillips) 50-page glossary of financial reform terms? Check… (Morrison & Foerster) Native American tribes may be… Read more »

SCOTUS Says Three Years Is Long Enough to File ERISA Lawsuits

Earlier this month, the US Supreme Court unanimously upheld a three-year statute of limitations for filing lawsuits challenging claim denials under Wal-Mart’s disability plan. Dirk Bernhardt and John Seybert of Sedgwick explain: “Julie Heimeshoff was a participant whose lawsuit for benefits under ERISA was barred by her plan’s three-year limitation of actions period that ran… Read more »

JD Supra Corporate Brief: Social Media, Search Warrants, Cyber Attacks, Year-end Bonuses

No need to wait for the New Year – you can sign up for email delivery of the JD Supra Corporate Brief today! Yours, mine, and ours: ownership of business social media accounts still unresolved… (Anelia Delcheva and Aaron Rubin at Morrison & Foerster) You can never be too prepared to respond to a search… Read more »

JD Supra Corporate Brief: Compensation Committees, Volcker Rule, OSHA Whistleblowers, Ambush Elections

Five years ago today, Bernie Madoff was arrested and charged with securities fraud in a $50 billion Ponzi scheme. NASDAQ wants to change its listing standards for compensation committee independence… (Shearman & Sterling) The feds approved the Volcker Rule yesterday, bringing in new era of financial regulation… (Corporate Law Report) Considering an “acqui-hire”? Consider your… Read more »

JD Supra Corporate Law: China Princelings, Ethical Practices, FRAND Disputes, Venture Financings

Wednesdays get a raw deal: the spelling / pronunciation discord, the embarrassing “hump day” nickname, those orphaned mid-week holidays… But it’s not all bad – they also get their own JD Supra Corporate Brief: So what’s the big deal about hiring “princelings” in China, anyway? (Michael Volkov) As it turns out, a state insurance commissioner’s… Read more »

Is a Private Equity Fund Responsible for the Pension Obligations of a Bankrupt Portfolio Company?

“… the First Circuit found that the Sun Capital fund having a 70 percent ownership interest in SBI had ‘undertaken activities as to the [Scott Brass Inc. (SBI)] property,’ became ‘actively involved in the management and operation’ of SBI, and that the general partners of the funds had authority to make decisions about ‘hiring, terminating,… Read more »

JD Supra Corporate Brief: Compliance Programs, Pipeline Permitting, Unpaid Internships, Criminal Antitrust

How to get a head start on the day’s business law news at the click of a button? Sign up for email delivery of the JD Supra Corporate Brief: Want to know how your company’s internal compliance reporting compares to that of corporations around the globe? Read this 19-page report… (NAVEX Global) Hey look –… Read more »

JD Supra Corporate Brief: California Fracking, COPPA Rules, Off-label Marketing, FRAND Royalties

Today’s forecast: partly cloudy with a chance of law news: Will California lawmakers succeed in keeping fracking out of the state? (LXBN) Could President Obama’s proposed new cap on tax-favored retirement benefits do a lot more harm than good? (Osler) According to FINRA, employee social media privacy laws may conflict with securities regulations and threaten… Read more »

Court Gives Private Equity Funds a Pass on ERISA Obligations

“ERISA treats all members of a ‘controlled group’ as a single employer for purposes of its provisions imposing liability on employers in connection with the termination of an underfunded single employer pension plan or a withdrawal from an underfunded multi-employer pension plan. As a result, if an employer terminates or withdraws from an underfunded pension… Read more »

Employee Benefits Plans: DOL Issues Final Rule on ERISA Fee Disclosures

In early February, the Department of Labor issued its final rule regarding fee disclosures by service providers to Employee Retirement Income Security Act (ERISA) plans. For your reference, here is a roundup of legal advisories on the final rule and related regulatory developments:  DOL Finalizes ERISA Disclosure Requirements for Retirement Plan Service Providers (Sutherland Asbill… Read more »

Employee Benefits Plans: DOL Revises 401(k), ERISA Rules

em While you were working, the Department of Labor changed the rules governing disclosure of fees and providing investment advice to participants in ERISA, 401(k), and other retirement plans. For your reference, here’s a roundup of commentary and analysis on the DOL’s revised regulations, from lawyers and law firms on JD Supra: On Investment Advice… Read more »

The Definition of Fiduciary: Back to the DOL Drawing Board

“Democrat and Republican lawmakers don’t agree on much, but many of them have protested to the [Department of Labor] about this fiduciary definition change because Wall Street money does go a long way.” (From The Changing Definition of Plan Fiduciary and Why Plan Sponsors Should Care by The Rosenbaum Law Firm P.C.)  Under intense pressure… Read more »