On Tuesday, November 16, 2021, from 9:00 a.m. to 5:30 p.m. ET, Seyfarth attorneys Howard Pianko and Linda J. Haynes, along with a slate of other experienced ERISA practitioners in the area of plan investments, will share their insights a the Practicing Law Institute’s “Pension Plan Investments 2021: Advanced Perspectives.” Howard is a co-chair for
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Write Well – ERISA Plan Terms Control Against Defendants Too
By: Mark Casciari and Michael Cederoth
Seyfarth Synopsis: The Court of Appeals for the Ninth Circuit recently rejected the application of the doctrine of equitable estoppel to prevent a plan trustee from enforcing the clear terms of the plan. So, it bears repeating that drafters of ERISA plans are well advised to draft as clearly…
Reminder — Webinar: The PBGC Interim Final Rule on Special Financial Assistance: What it Means for Multiemployer Plans and Participating Employers
Friday, July 30, 2021
2:00 p.m. to 3:30 p.m. Eastern
1:00 p.m. to 2:30 p.m. Central
12:00 p.m. to 1:30 p.m. Mountain
11:00 a.m. to 12:30 p.m. Pacific
On July 9, 2021, the PBGC issued its interim final rule on ARPA’s Special Financial Assistance (“SFA”) Program for financially troubled multiemployer pension plans. The new regulations…
Who Is Liable for Withdrawal Liability? — The Seventh Circuit Explains An Expansive Definition
By: Mark Casciari, Tom Horan, and James Nasiri
Seyfarth Synopsis: In a recent decision highlighting the potential for far-reaching responsibility for withdrawal liability payments, the Court of Appeals for the Seventh Circuit affirmed a judgment against two individuals contending that their ownership interest in the contributing company’s principal place of business was a…
Register Today! Webinar: The PBGC Interim Final Rule on Special Financial Assistance: What it Means for Multiemployer Plans and Participating Employers
Friday, July 30, 2021
2:00 p.m. to 3:30 p.m. Eastern
1:00 p.m. to 2:30 p.m. Central
12:00 p.m. to 1:30 p.m. Mountain
11:00 a.m. to 12:30 p.m. Pacific
On July 9, 2021, the PBGC issued its interim final rule on ARPA’s Special Financial Assistance (“SFA”) Program for financially troubled multiemployer pension plans. The new regulations…
PBGC Issues Much Anticipated Interim Final Rule on Special Financial Assistance Under American Rescue Plan Act
By: Seong Kim, Ronald Kramer, and Alan Cabral
Seyfarth Synopsis: On July 9, 2021, the PBGC issued its interim final rule on ARPA’s Special Financial Assistance Program for financially troubled multiemployer pension plans. The new regulations provide guidance on the application process for Special Financial Assistance and the related restrictions and requirements, including…
Ninth Circuit Rules – State Pension Mandate Not Preempted Even Though An Employer Chooses Not To Establish ERISA Plan
By Liz Deckman and Mark Casciari
Seyfarth Synopsis: The Court of Appeals for the Ninth Circuit has once again upheld against an ERISA preemption challenge, a State private sector benefits mandate, notwithstanding that ERISA provides that the decision to establish an ERISA plan rests solely with the employer.
The Supreme Court has often stated that…
Federal Court Allows Discovery In ERISA Case Based On “Information And Belief” Allegations That Plaintiff Merely Believed To Be True
By Mark Casciari and James Hlawek
Seyfarth Synopsis: A federal district court denied a motion to dismiss an ERISA complaint that was based in large part on secondhand “information and belief” allegations about the defendants’ business operations. The decision serves as a warning to defendants that they may be forced into costly discovery based on…
Positive Employer Risk Management: Ninth Circuit Approves ERISA Plan Forum Selection Clause
By Jules Levenson and Mark Casciari
Seyfarth Synopsis: In a decision with major significance for ERISA plans, the Court of Appeals for the Ninth Circuit has upheld the validity of forum selection clauses in those plans.
ERISA is replete with details. Among them is the proper forum for litigation under the statute. ERISA lists…
A Ninth Circuit Panel Finds No ERISA Preemption Of Seattle Health Care Ordinance
By Mark Casciari and Kathleen Cahill Slaught
Seyfarth Synopsis: A recent panel decision from the Ninth Circuit rejects an ERISA preemption argument that a Seattle ordinance regulating private sector health care should be nullified in order to safeguard the ERISA administrative scheme.
On March 17, 2021, a three judge panel of the Court of…