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Documents on Employee Benefits, Automotive, Computers & Office Equipment, Internet & E-Commerce, Professional Services, Publishing, Retail Trade, Travel, Leisure & Hospitality, Venture Capital, Agriculture
 

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HTMLEmployee Retirement Income Security Act—Reimbursement of Benefits Paid out of Funds Recovered from Third Parties
Andrew Tauber; Mayer Brown LLP;
Legal Alert/Article
June 30, 2012, previously published on June 27, 2012
Section 502(a)(3) of the Employee Retirement Income Security Act (“ERISA”) authorizes a plan fiduciary to enforce the plan against beneficiaries by seeking an injunction or “other appropriate equitable relief.” 29 U.S.C. § 1132(a)(3). Under this provision, when a...

 

HTMLInsurance Company Surveillance of Accident and Disability Claimants
Paul J. Dombeck; The Law Office of Paul J. Dombeck, PLLC;
Legal Alert/Article
April 9, 2012
As an Accident and Disability Plaintiff Attorney, I am increasingly finding that the Plan Administrators and/or Claims Adjusters for Long Term Disability benefit insurance companies are hiring detectives to conduct `sub rosa¿ surveillance to monitor and record the daily activities of disability...

 

HTMLU.S. Supreme Court Rejects Wal-Mart Class of 1.5 Million Female Plaintiffs
Richard W. Diaz; Blank Rome LLP;
Legal Alert/Article
June 24, 2011, previously published on June 2011
In a highly anticipated decision involving class actions of employment discrimination claims, the Supreme Court of the United States ruled, in Wal-Mart Stores, Inc. v. Dukes, that class certification of approximately 1.5 million plaintiffs was inappropriate. The plaintiffs, current and former...

 

HTMLKilometers in Lunch Break Are Commuter Traffic
Mia van Dijk, Eugene Weultjes; Greenberg Traurig, LLP;
Legal Alert/Article
December 2, 2010, previously published on November 30, 2010
The taxable benefit for a company car must be taken into account if the employee used the company car provided by his employer for more than 500 private kilometers. The Dutch wage tax act determines that kilometers for commuting by the employee do not qualify as private kilometers, but as business...

 

HTMLTaxable Benefit for Company Car per Calendar Year
Mia van Dijk, Eugene Weultjes; Greenberg Traurig, LLP;
Legal Alert/Article
December 2, 2010, previously published on November 30, 2010
If an employer provides his employee with a company car that may also be used for private purposes, a taxable inclusion should be taken into account if the car is used for more than 500 private kilometers per calendar year. The taxable benefit is a maximum of 25% of the car’s list price for...

 

HTMLThird Circuit Holds Bankruptcy Code Overrides Debtor's Contractual Right to Unilaterally Terminate Retiree Health and Benefit Plans
Vivian M. Arias, Michael V. Blumenthal; Crowell & Moring LLP;
Legal Alert/Article
September 2, 2010, previously published on September 1, 2010
The United States Court of Appeals for the Third Circuit recently held that a chapter 11 debtor owing retiree health, life insurance, and other benefits must comply with the restrictions set out in section 1114 of the Bankruptcy Code before seeking to modify or terminate the retiree benefits during...

 

HTMLRetailers Beware: Statements May Not Be Protected
Mark S. Askanas, Dylan Bradley Carp; Jackson Lewis LLP;
Legal Alert/Article
May 13, 2010, previously published on May 7, 2010
The nationwide spate of class actions against retailers continues. These lawsuits typically allege management-level employees are misclassified as exempt from overtime laws and non-exempt employees are not provided all required meal and rest breaks. Employers have developed strategies to try to...

 

HTMLCourts Must Show Deference to Interpretations by Plan Administrators (Even the Second Time Around)
Fisher & Phillips LLP;
Legal Alert/Article
April 30, 2010, previously published on April 21, 2010
On April 21, 2010 the Supreme Court affirmed that a court must give deference to an ERISA fiduciary's second interpretation of ambiguous plan language, even if the first interpretation made by the fiduciary is struck down by the court as unreasonable. Using a "one strike doesn't mean you're...

 

HTMLProfiles in Partnership: A Study in Compatibility -- Cummins Inc. and Baker & Daniels LLP
Hudnall A. Pfeiffer; Baker & Daniels LLP;
Counsel to Counsel Article
November 11, 2009, previously published by LexisNexis® Martindale-Hubbell® Counsel to Counsel Magazine on September/October 2009
Cummins Inc. makes things that make things go: diesel engines, power generators and boat motors, to name a few. But the engine behind the company¿s far-reaching labor and employment practice is a unique compatibility between the law department and its outside counsel at Baker &...

 

HTMLCounsel to Counsel Magazine -- September/October 2009 Complete Issue

Counsel to Counsel Article
November 10, 2009
"The traditional model is, you have a matter and you either do it yourself or you hand it over," Mark Sifferlen, a senior in-house counsel at Cummins Inc., tells us in one of this issue's Profiles in Partnership. "That's just how a lot of law firms work."

 


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