Tag Archives: Litigation

Equity Incentive Plans targeted by Plaintiffs’ New Theory on Section 16 Short-Swing Profit Liability

Securities and executive benefits attorneys and public companies that maintain equity incentive plans should be aware of a new theory of recovery under the “short-swing profit rule.” Plaintiffs’ attorneys have recently asserted a new form of claim alleging liability under […]

Posted in Equity Compensation, Executive Compensation, Securities Law Implications | Tagged , , , , , , , | Leave a comment

The Moench Presumption is Dead – Long Live the Dudenhoeffer Presumption

On June 25, 2014, a unanimous United States Supreme Court weighed in on the legal standards applicable in stock drop cases in Fifth Third Bancorp v. Dudenhoeffer. Facts. Beginning in 2007, Fifth Third Bank began experiencing a large number of […]

Posted in Commentary/Opinions/Views, ERISA Litigation, Fiduciary Issues, Legal Updates, Qualified Plans, Securities Law Implications, Tax-qualified Retirement Plans | Tagged , , , , , , , , , , , | Leave a comment

Hobby Lobby & the Religious Freedom Restoration Act of 1993

You’ve seen all the headlines…  Supreme Court issued its decision in the Hobby Lobby case on the last day of its 2013-2014 term.  Sure, maybe it wasn’t as closely watched and groundbreaking as the Court’s -2012 decision upholding key provisions […]

Posted in ERISA Litigation, Health Care Reform | Tagged , , , , , , , | Leave a comment

Hobby Lobby, Religious Freedom, ACA, and Contraception

Last month, the Supreme Court heard oral arguments in Sebelius v. Hobby Lobby Stores, Inc., and Conestoga Wood Specialties Corp., two highly anticipated cases that deal with the Affordable Care Act (“ACA”), religious freedom, and women’s access to contraception. Hobby Lobby […]

Posted in ERISA Litigation, Health Care Reform, Health Plans | Tagged , , , , , , | Leave a comment

Don’t Miss the April 15th Deadline to File a Protective Refund Claim for 2010 FICA Tax!

As you may recall from our earlier post, the 6th Circuit held in U.S. v. Quality Stores, that severance payments made to employees in connection with an involuntary reduction in force were not “wages” subject to FICA taxes. This decision […]

Posted in ERISA Litigation, Executive Compensation, Fringe Benefits, Legal Updates | Tagged , , , , , , , | Leave a comment

Supreme Court Clarifies Effect of Motions for Attorney’s Fees on Finality

In a decision issued on January 15, the Supreme Court clarified that a pending motion for attorney’s fees does not prevent a judgment on the merits from becoming final for appellate purposes under 28 U.S.C. §1291, even when those fees […]

Posted in ERISA Litigation, Multi-employer Plans | Tagged , , , , , , , | Leave a comment

Piercing the Veil: Private Equity Fund Found to be “Trade or Business” Under MPPAA

On July 24, 2013, in a case of first impression (Sun Capital Partners III LP vs. New England Teamsters & Trucking Indus. Pension Fund, No.12-2312), the First Circuit held that a private equity fund was a “trade or business” under […]

Posted in ERISA Litigation, Legal Updates, Multi-employer Plans | Tagged , , , , , , | Leave a comment

Collective Bargaining Agreements: Creating Vested Retiree Medical Benefits

Following its December 22, 2011, ruling we discussed previously that retired Kelsey-Hayes (“Company”) union members must arbitrate their claims for fully-paid lifetime retiree medical benefits, the Eastern District of Michigan handed a victory to different class of union retirees facing […]

Posted in ERISA Litigation, Health Plans, Legal Updates | Tagged , , , , | Leave a comment

Reminder: Hurry! Opportunity for Possible Refund of FICA Taxes Ends Soon!

As noted in our blog entry on October 16, 2012, under the Sixth Circuit’s discussion in U.S. v. Quality Stores, severance payments made because of an employee’s involuntary separation resulting from a reduction-in-force or discontinuance of a plant or operation […]

Posted in Executive Compensation, Legal Updates, Severance Agreements | Tagged , , , , , , | Leave a comment

Litigation Update: ACA Contraceptive Mandate

Courts have recently seen a flurry of activity from for-profit corporations challenging the Affordable Care Act’s contraceptive mandate, which became effective January 1. These employers claim providing female employees with certain types of FDA-approved contraceptives violates the owners’ right to […]

Posted in ERISA Litigation, Health Care Reform, Legal Updates, Welfare Plans | Tagged , , , , , | Leave a comment