The Second Circuit recently considered for the first time whether the equitable remedy of reformation was available under the Employee Retirement Income Security Act (ERISA) where a court determined that the written terms of...more
1/31/2020
/ Appeals ,
Breach of Duty ,
CIGNA v Amara ,
Compensation & Benefits ,
Contract Terms ,
Discovery ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Equitable Reformation ,
Fiduciary Duty ,
Motion to Dismiss ,
PricewaterhouseCoopers ,
Remand ,
Retirement Plan ,
Statutory Violations
On August 20, 2019, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued an opinion in Dorman v. Charles Schwab Corp., overturning its 1984 position in Amaro v. Continental Can Co. that lawsuits filed...more
8/26/2019
/ 401k ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Breach of Duty ,
Carve Out Provisions ,
Charles Schwab ,
Class Action ,
Corporate Counsel ,
Duty of Loyalty ,
Duty of Prudence ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employment Contract ,
Employment Litigation ,
Fiduciary Duty ,
Investment Funds ,
Investment Management ,
Prohibited Transactions ,
Retirement Plan