In an opinion issued in Smith v. Rockwell Automation, Inc., et al., No. 19-C-0505 (E.D. Wis.) on Feb. 10, 2020, U.S. District Judge Lynn Adelman denied Rockwell Automation's motion to dismiss a putative class action complaint...more
• The U.S. Court of Appeals for the Ninth Circuit's recent decision in Munro v. University of Southern California concluded that an arbitration provision in individual employment contracts could not be used to compel...more
7/31/2018
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Breach of Duty ,
Class Action ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employment Contract ,
Employment Litigation ,
Fiduciary Duty ,
Mandatory Arbitration ,
Mismanagement ,
Plan Documents ,
Retirement Funds ,
Section 409A
• Although the Supreme Court's recent decision in Epic Systems Corp. v. Lewis was not a case under the Employee Retirement Income Security Act of 1974 (ERISA), the Court's analysis indicates that it would likely reject an...more
5/24/2018
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Employee Retirement Income Security Act (ERISA) ,
Epic Systems Corp v Lewis ,
ESOP ,
Federal Arbitration Act ,
NLRA ,
NLRB ,
Remand ,
Reversal ,
Savings Clause ,
SCOTUS
On Sept. 1, 2016, the U.S. District Court for the Northern District of Illinois issued its decision in the Antioch employee stock ownership plan (ESOP) fiduciary litigation. The court held that the Antioch Board of Directors...more
9/9/2016
/ Breach of Duty ,
Buy-Out Agreements ,
Closely Held Businesses ,
Corporate Counsel ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
ESOP ,
Fiduciary Duty ,
Section 404 ,
Stocks ,
Trustees