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Author: Morris Stone
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 108
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Author: Morris Stone
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 108
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Book Description
Author: James F. Jorden
Publisher: Wolters Kluwer
ISBN: 1454862068
Category : Business & Economics
Languages : en
Pages : 1026
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Book Description
Handbook on ERISA Litigation cuts through complicated statutory provisions and tells you which ERISA claims are recognized by which courts and how to litigate them. Helpful litigation checklists and forms are provided on key aspects of ERISA litigation as well as hundreds of citations to leading federal and state cases. Every major claim area under ERISA is covered: Fiduciary liability Violation of ERISA reporting and notification requirements ERISA discrimination claims and related statutory claims Plan termination claims Overfunded and underfunded plans Tax litigation Claims by the U.S. Department of Labor and the Pension Benefit Guaranty Corporation (PBGC) The Handbook helps you to counsel clients more knowledgeably and to litigate ERISA disputes more effectively by identifying the issues, presenting litigation strategies, and reducing the time needed to prepare pleadings and briefs. In one, easy-to-read volume, you'll find expert analysis of: The structure and scope of ERISA, so you can easily determine whether and in what fashion ERISA is relevant to the resolution of a dispute Exceptions to ERISA and preemption issues, keeping you fully apprised of the extent to which ERISA can be used by or against you, particularly with respect to preemption laws The procedural rules of the road, providing you with practical insights into jurisdictional, venue, standing, discovery, and evidentiary issues, and how these may affect the outcome of your cases Handbook on ERISA Litigation has been updated to include: The impact of the Affordable Care Act upon ERISA practice and procedure Expanded coverage of overlapping federal statutory claims such as the Pregnancy Discrimination Act, federal disability discrimination laws, and other claims of gender and family status discrimination (including same-sex marriage/partnership issues) Expanded discussion of recent U.S. Supreme Court decisions on the continuing fiduciary obligation to monitor plan investments, availability of various forms of relief for ERISA benefits claims and breach of fiduciary duty claims, the enforceability of limitations provisions contained in employee benefit plans, employer stock drop claims, and the supremacy of employee benefit plan terms over equitable or common law principles Continuing developments in ERISA preemption analysis clarifying the scope and reach of federal preemption And more!
Author: Charles A. Jeszeck
Publisher: DIANE Publishing
ISBN: 1437915094
Category : Law
Languages : en
Pages : 16
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Book Description
Conflicts of interest typically exist when someone in a position of trust, such as a pension consultant, has competing professional or personal issues. Such competing interests can make it difficult for pension plan fiduciaries and others to fulfill their duties impartially. The proliferation of consulting work and the complexity of business arrangements among investment advisors, plan consultants, and others have increased the likelihood of conflicts of interests for both defined benefit (DB) plans, and defined contribution (DC) plans. This is a report on: (1) the effects undisclosed conflicts of interest may have on the financial performance of DB plans; and (2) the vulnerabilities that conflicts of interest may pose for DC plan participants. Illus.
Author: United States. Congress. House. Select Committee on Aging. Subcommittee on Retirement Income and Employment
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 224
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Book Description
Author: Craig C. Martin
Publisher:
ISBN: 9781402428494
Category : Pension trusts
Languages : en
Pages : 0
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Book Description
ERISA Benefits Litigation Answer Book provides a comprehensive overview, in question and answer format, of the various causes of action the Employee Retirement Income Security Act provides to remedy violations of the statute, enforce the terms of a benefit plan, or provide other relief to a plan, its participants or its fiduciaries.Written by a team of authors with many years of ERISA litigation experience, and filled with practical illustrations and tips, ERISA Benefits Litigation Answer Book describes the legal requirements of, defenses to, and unique aspects of litigation involving: stock drops, ESOPs, cash balance plans, prohibited transactions, 401(K) fees, recovery of benefits due under a plan, multi-employer plans, managed care plans, and discrimination and interference with benefits rights. Also covered are chapters discussing litigation of claims arising under federal common law, affirmative defenses to ERISA claims, and limitations on actions under ERISA.
Author:
Publisher:
ISBN:
Category : Actions and defenses
Languages : en
Pages : 612
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Book Description
Author: Barry R. Ostrager
Publisher: Aspen Publishers Online
ISBN: 1454830425
Category : Law
Languages : en
Pages : 2664
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Book Description
In today's insurance coverage litigation environment, the practitioner who needs to determine what is--and is not--covered under various policy provisions is up against some formidable challenges. Literally thousands of cases on insurance issues find their way into courtrooms every year, and the decisions can be as difficult to decipher as they are to track. Find the authoritative guidance you need with Ostrager and Newman's Handbook on Insurance Coverage Disputes. This three-volume resource helps you quickly and easily pinpoint detailed analysis of lead cases in key jurisdictions, provides excerpts from standard insurance policies, including critical commentary on key provisions, and offers insights into planning and implementation of successful litigation strategies. Ostrager and Newman's Handbook on Insurance Coverage Disputes, Sixteenth Edition addresses today's critical coverage issues, such as: The Insurer's Duty to Defend Trigger and Scope of Occurrence-Based Coverage Bad Faith and Wrongful Refusal to Settle Property Insurance Rights and Obligations of Co-Insurers Insurability of Punitive Damages Excess Insurance and Analysis of Pollution Exclusions Directors and Officers Coverage Employee Discrimination and Sexual Harassment Claims Make the Handbook on Insurance Coverage Disputes your one-stop source for the current state of the law on: The effect of a reservation of rights letter...disclaimer and denials of coverage The rules governing all aspects of giving notice of a claim including mechanics of language and timelines Effect of misrepresentations and omissions in insurance applications Reverse bad faith and contributory bad faith Reinsurance The legal issues presented in litigation involving hazardous waste and environmental cleanup Coverage provided by general liability insurance, including personal injury and advertising injury coverage Rules for apportioning the cost of defense among insurers
Author: Lowell E. Rothschild
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 116
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Book Description
This book discusses the organizational issues confronting a law office when a partner withdraws, retires, or is disabled. The work includes sample language for partnership agreements, options for retirement plans, model parental leave policy, income protection for disabled partners, and more.
Author: Alan P. Woodruff
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1254
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Book Description
For administrators of employee benefit plans and their advisers, a guide to avoiding legal problems; it identifies practices that are likely to result in controversy and shows employers how they can keep clear of litigation. It can also serve as a guide to plaintiff's counsel in identifying practices that provide the basis for litigation against employee benefits plans and plan administrators, fiduciaries, and sponsors. The author is a Florida attorney who practices in the area of taxation, employee benefits, and estate planning. c. Book News Inc.
Author: John D. Temple
Publisher:
ISBN:
Category : Employee fringe benefits
Languages : en
Pages : 320
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Book Description
