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21 Apr 2016, 10:07 am by Cynthia Marcotte Stamer
  In the case of employer sponsored plans subject to the Employee Retirement Income Security Act of 1974, for instance, the selection and proper oversight of business associates and the management of plan data both are subject to the fiduciary responsibility rules of ERISA. [read post]
24 Mar 2011, 11:24 pm by David Lat
But we’re keeping all this stuff out of the public eye — for now. [read post]
17 Apr 2013, 2:21 pm by Cynthia Marcotte Stamer
Further, under the Employee Retirement Income Security Act (ERISA), the loan will not fail to be a qualified loan under ERISA solely because the interest rate is capped by SSCRA. [read post]
16 Apr 2008, 10:32 am
Nor did I include rebuffed plaintiffs in ERISA preemption cases, where we tend to be shocked by the harshness of the legal principle itself, not merely its effect in a few cases. [read post]
11 Apr 2016, 10:15 am by Cynthia Marcotte Stamer
Stamer works with businesses and their management, employee benefit plans, governments and other organizations deal with all aspects of human resources and workforce management operations and compliance. [read post]
11 Apr 2016, 10:15 am by Cynthia Marcotte Stamer
Stamer works with businesses and their management, employee benefit plans, governments and other organizations deal with all aspects of human resources and workforce management operations and compliance. [read post]
25 Jan 2010, 5:00 am by Beck, et al.
  So we decided to take an in-depth look at all of the the precedent that rejects application of a “fraud on the market” reliance presumption to state-law claims.Just to make sure that everyone’s with us, briefly “fraud on the market” is a doctrine that waters down fraud (and, plaintiffs would like to say, other liability theories based on claimed misinformation) by presuming reliance in certain limited circumstances. [read post]
30 May 2014, 9:20 am by Amy Howe
The first question in the case is whether an action by an ERISA fiduciary against a participant in an ERISA plan to recover an overpayment by the plan seeks “equitable relief” within the meaning of Section 502(a)(3) of ERISA when the fiduciary has not identified a particular fund that is in the participant’s possession and control when the fiduciary asserts its claim. [read post]
25 Feb 2010, 8:08 am by Erin Miller
  Links to all previous editions are available in our SCOTUSwiki archive. [read post]
3 May 2019, 10:20 am by Tim Springer
When all appeals are exhausted, the player may sue in federal court. [read post]
22 Dec 2016, 12:20 pm by Philip R. Stein
And, unfortunately, the stakes remain high for the companies facing these claims—sometimes so high that negotiating a quick, acceptable settlement is all but impossible. 2017 may be a watershed year in this area of the law, with additional important decisions likely to be forthcoming on the statute of limitations, plaintiffs’ ability or inability to use “statistical sampling” in especially large cases, how alleged damages should be calculated, and the impact… [read post]
22 Dec 2016, 12:20 pm by Philip R. Stein
And, unfortunately, the stakes remain high for the companies facing these claims—sometimes so high that negotiating a quick, acceptable settlement is all but impossible. 2017 may be a watershed year in this area of the law, with additional important decisions likely to be forthcoming on the statute of limitations, plaintiffs’ ability or inability to use “statistical sampling” in especially large cases, how alleged damages should be calculated, and the impact… [read post]
12 May 2017, 2:39 pm by Cynthia Marcotte Stamer
Health care providers, health plans, health insurers, healthcare clearinghouses, their business associates as well as all U.S. businesses and consumers should raise their cyber security defenses and use cyber security best practices to defend their information systems and data against ongoing WannaCry ransomware and other cyber security attacks in the United States and abroad in cyber security alerts issued by the Departments of Homeland Security, Health and Human Service (HHS) and other… [read post]
12 May 2017, 4:54 pm by Cynthia Marcotte Stamer
Health care providers, health plans, health insurers, healthcare clearinghouses, their business associates as well as all U.S. businesses and consumers should raise their cyber security defenses and use cyber security best practices to defend their information systems and data against ongoing WannaCry ransomware and other cyber security attacks in the United States and abroad in cyber security alerts issued by the Departments of Homeland Security, Health and Human Service (HHS) and other… [read post]