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 There are those that suggest that this type of face-to-face symposium is obsolete—that modern technology eliminates the need for individuals to come to...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>>

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>>

Jonathon has cancer. He was diagnosed a year ago and has undergone chemotherapy for the last two months, and faces six weeks of further treatment. Jonathon’s treatment causes him to become violently ill at night, so much so that he cannot sleep. Jonathon works at a large stereo equipment outlet st...   MORE>>

I. INTRODUCTION

As lawyers who represent employers and health plans in Employee Retirement Income Security Act (“ERISA”) litigation, we have some strongly held views on the topic of this Symposium. The Symposium title implies that ERISA’s remedial scheme does not serve the interests of plan...   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>>

Mining is inherently high risk and will always remain so as long as it is done by people. . . . All underground mines face the same problems. It takes eternal vigilance to stay on top of it.

I. INTRODUCTION

Traditionally, underground coal mining has posed significant risks to workers’ health...   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>>