IN Hong Pian Tee v. Les Placements Germain Gauthier, the question arose as to whether a dissatisfied defendant may resist a foreign judgment on the ground of fraud in the enforcing court, in the absence of fresh evidence supporting his assertion. In answering the question in the negative, the Singap...   MORE>>

I am flattered to be making these remarks to a gathering that includes so many leading experts on ERISA, retirement, and employee benefits issues. There are those that suggest that this type of face-to-face symposium is obsolete—that modern technology eliminates the need for individuals to come to...   MORE>>

INTRODUCTION

As a result of recent corporate scandals and dramatic market downturns, many employees whose company-sponsored retirement saving plans were heavily invested in the stock of their employers have seen their account balances substantially depleted. To recover for their losses, plan part...   MORE>>

I. INTRODUCTION

A. The Statutory Backdrop

The Employee Retirement Income Security Act of 1974, as amended, (“ERISA”) is expressly intended to “protect . . . participants in employee benefit plans and their beneficiaries, by . . . establishing standards of conduct, responsibility, and obl...   MORE>>

Employee Retirement Income Security Act (“ERISA”) section 514 generally preempts state tort and tort-like lawsuits against self-insured employment-based health care plans. ERISA’s preemption rule also impedes state efforts to regulate and reform their health care systems. ERISA preemption has ...   MORE>>

INTRODUCTION

The Employee Retirement Income Security Act of 1974, as amended (“ERISA”) was written to provide the exclusive rules with respect to retirement plans. ERISA explicitly preempts state laws that relate to employee benefit plans. Although the phrase “relate to” appears relativel...   MORE>>

Pursuant to the Americans with Disabilities Act (ADA), an employer may not discriminate against an employee on the basis of a disability with respect to most aspects of employment, including the provision of fringe benefits. In order to have standing to bring suit under Title I of the ADA (Title I),...   MORE>>

Congress enacted the Freedom of Information Act (FOIA) in 1966 to allow private citizens wide access to government information protected by federal agencies. In an effort to enable greater public access to government documents, Congress amended FOIA in 1974 to include a provision awarding attorneys�...   MORE>>

“The value of money itself changes from a thousand causes; and at all events, what is of ruin to one man’s fortune, may be a matter of indifference to another’s.”

I. INTRODUCTION

In the late hours of March 23, 1989, the Exxon Valdez supertanker moved through the waters of Prince Willia...   MORE>>

The United States Court of Appeals for the First Circuit, which encompasses Maine, New Hampshire, Massachusetts, Rhode Island, and Puerto Rico, is small not only in terms of the geographic area it encompasses, but more important, it is the regional circuit with the smallest number of judgeships. Ind...   MORE>>