THIS Note is provoked by, and takes the form of a discussion of, Kuwait Airways Corp. v. Iraq Airways Co. It is a decision of the House of Lords on appeal from the English Court of Appeal, and it may be wondered whether it has any interest outside England. The answer, it is submitted, is that it doe...   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 There are those that suggest that this type of face-to-face symposium is obsolete—that modern technology eliminates the need for individuals to come to...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>>

After many years of study and debate, Congress enacted the Employee Retirement Income Security Act of 19741 (“ERISA”). Although born from concerns about pension security, ERISA governs both pension and welfare plans. ERISA defines a “pension plan” to include “any plan, fund, or program . ....   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>>

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>>

According to the Oxford University Press website, The Transfer of Property in the Conflict of Laws is intended for commercial practitioners, particularly those with a cross-border practice, academics and scholars of the conflict of laws, postgraduate/advanced students of the subject, and legal refer...   MORE>>

International Sale of Goods in the Conflict of Laws is both the thickest and the most expensive addition to the ever growing Oxford Private International Law Series, weighing in at more than 1500 pages inclusive of contents and tables. Although the Series is intended for both scholarly and practitio...   MORE>>

I. INTRODUCTION

In 1975 Congress passed the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act (“the Magnuson-Moss Act” or “the Act”) to protect consumers from retailers and manufacturers that take advantage of consumers by placing misleading warranties on the products they s...   MORE>>

INTRODUCTION

Employee welfare benefit plans, providing health and often disability benefits for employees, are generally funded by employers, Otherwise, employee welfare benefit plans are funded by the purchase of insurance policies. This paper will discuss employee welfare benefit plans that are...   MORE>>

Imagine an elderly woman driving down a freeway in a big city when, suddenly, her car dies. She does not know what is wrong, but luckily, while the car is still moving she is able to coast it over to the narrow emergency lane. The woman is stuck on the freeway with no way to get herself or her car t...   MORE>>