Hypotheticals for Ethical Issues. ABA Section of Labor and Employment Law 2nd Annual CLE Conference
|
|
- Silas Carter
- 5 years ago
- Views:
Transcription
1 Hypotheticals for Ethical Issues ABA Section of Labor and Employment Law 2nd Annual CLE Conference
2 Hypothetical No. 1 Attorney Allen Able represented the joint labor-management board of trustees as sole legal counsel of a multiemployer pension plan for many years. Following a hotly contested union election on reform issues, new union trustees were appointed to the board. The new union trustees prevailed on the employer trustees to terminate Mr. Able s representation and hired new legal counsel to represent them in a lawsuit against the former union trustees for breach of fiduciary duties under ERISA due to some spectacularly bad investment decisions and receipt of improper benefit payments and expense reimbursements. The former union trustees filed a third-party complaint against Able for legal malpractice and breach of contract for legal services. Able has filed a motion to dismiss (F.R. Civ. P. Rule 12(b)(6)) on the grounds that he had no attorney-client relationship with only the former union trustees.
3 Questions Will he prevail? Were the former union trustees Able s clients? Does it matter what Able s engagement letter states? What if Able did not have an engagement letter? Post-termination, does Able have any continuing ethical duties to the former union trustees?
4 Hypothetical No. 2 Attorney Mary Exceptional is now operating her own law firm. Before her new venture into solo practice, Mary was an associate with another private law firm which represented a labor union, the Industrial Workers of the World, on collective bargaining, arbitration and grievance matters, but not benefit issues. In her new firm, Mary is requested to represent the widow of a former IWW member with respect to a benefit dispute with the joint IWW/Big Employers multiemployer pension fund. Mary agrees to informally assist the widow, who filed a pro se lawsuit, by ghost writing her pleadings. The attorneys for the pension plan discover Mary s role and seek to have her disqualified on the grounds of conflict of interest.
5 Questions Will the plan s attorneys prevail? Does Mary s prior employment give rise to any conflicts that will preclude her from representing the widow? Are there any ethical issues raised by Mary s undisclosed ghostwriting assistance?
6 Hypothetical No. 3 Attorney Earnest Money has agreed to represent a participant in a benefit claim lawsuit against an LTD benefit plan sponsored by his employer, Subprime, Inc., that is insured by a large insurance company, You ll Never Get Paid, Inc., which administers the LTD plan and determines eligibility for claims. In a conversation with the former claims director, who was fired 6 months before, Earnest learns that there are detailed claims processing manuals distributed to and used by the non-lawyer claims processing staff, that were prepared by the insurance company s outside legal counsel, Enormous and Everywhere, LLP, that describe in detail how claims are to be processed, with a stated expectation that the majority of all LTD claims will be denied. Earnest files discovery requests for productions of the claims processing manuals and a Rule 30(b)(6) deposition of a representative of the insurance company. The insurance company, through highly paid partners of E and E, objects to the discovery requests on grounds of attorney-client privilege.
7 Questions Is the fiduciary exception to the attorneyclient privilege applicable? Does it matter? Will an alternative objection of attorney work product be sustained? Is the insurance company a fiduciary for purposes of ERISA? Does it matter from what assets the insurance company pays the attorneys?
CLAIMS AGAINST INDUSTRIAL HYGIENISTS: THE TRILOGY OF PREVENTION, HANDLING AND RESOLUTION PART TWO: WHAT TO DO WHEN A CLAIM HAPPENS
CLAIMS AGAINST INDUSTRIAL HYGIENISTS: THE TRILOGY OF PREVENTION, HANDLING AND RESOLUTION PART TWO: WHAT TO DO WHEN A CLAIM HAPPENS Martin M. Ween, Esq. Partner Wilson, Elser, Moskowitz, Edelman & Dicker,
More information14902 Law Offices of Zachary R. Index /14 Greenhill P.C., et al., Plaintiff-Appellants,
Acosta, J.P., Saxe, Richter, Gische, JJ. 14902 Law Offices of Zachary R. Index 650414/14 Greenhill P.C., et al., Plaintiff-Appellants, -against- Liberty Insurance Underwriters, Inc., et al., Defendants-Respondents.
More information401(k) Fee Litigation Update
October 6, 2008 401(k) Fee Litigation Update Courts Divide on Fiduciary Status of 401(k) Service Providers Introduction As the 401(k) fee lawsuits progress, the federal district courts continue to grapple
More informationREGULATIONS OF THE CLIENTS' SECURITY FUND
REGULATIONS OF THE CLIENTS' SECURITY FUND In order to carry out the purposes and achieve the objectives of the provisions of chapter 7, Rules Regulating The Florida Bar, the Clients' Security Fund Committee,
More informationNOTICE OF CLASS ACTION SETTLEMENT in WAWA ESOP LITIGATION Pfeifer v. Wawa, Inc. et al, Case No (E.D. Pa.)
NOTICE OF CLASS ACTION SETTLEMENT in WAWA ESOP LITIGATION Pfeifer v. Wawa, Inc. et al, Case No. 16-0497 (E.D. Pa.) Please read this notice carefully and completely. If you are a member of the Class, the
More informationCase3:09-cv MMC Document22 Filed09/08/09 Page1 of 8
Case:0-cv-0-MMC Document Filed0/0/0 Page of IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 0 United States District Court For the Northern District of California NICOLE GLAUS,
More informationWhen it Hits the Fan: Fiduciary Liability Claims Trends
When it Hits the Fan: Fiduciary Liability Claims Trends Timothy Bowen Mesirow Insurance Services 1 Common Misconceptions Governmental plan trustees often have two dangerous misconceptions: That ERISA fiduciary
More informationAttachment to Benefit News Briefs Frequently Asked Questions. Fiduciary Responsibilities under an Apprenticeship and Training Plan
Frequently Asked Questions Fiduciary Responsibilities under an Apprenticeship and Training Plan http://www.dol.gov/ebsa/faqs/faq-atp.html Table of Contents What Are The Essential Elements Of A Plan?...
More informationMILTON PFEIFFER, Plaintiff, v. BJURMAN, BARRY & ASSOCIATES, and BJURMAN, BARRY MICRO CAP GROWTH FUND, Defendants. 03 Civ.
MILTON PFEIFFER, Plaintiff, v. BJURMAN, BARRY & ASSOCIATES, and BJURMAN, BARRY MICRO CAP GROWTH FUND, Defendants. 03 Civ. 9741 (DLC) UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK 2006
More informationWith regard to these scenarios, your request poses the following questions:
LEGAL ETHICS OPINION 1820 CAN AN ATTORNEY EMPLOYEE OF A RAILROAD COMMUNICATE WITH INJURED RAILROAD WORKERS WHO ARE REPRESENTED BY COUNSEL? You have presented two hypotheticals involving the employees of
More informationPrivate Company Loss Scenarios from Chubb
Life Insurance Benefit Dispute Type of organization Hotel Number of employees More than 150 More than $25 million A management-level employee of the ABC Hotel, earning a $50,000 annual salary, died in
More informationSummary Plan Description for the Peace Officers Legal Defense Fund (POLDF) and Trust
Summary Plan Description for the Peace Officers Legal Defense Fund (POLDF) and Trust Introduction TMPA Legal, Inc., ( TMPA Legal ) has established and maintains a prepaid legal services plan known as the
More informationELIOT M. HARRIS MEMBER. Eliot M. Harris
Eliot M. Harris Two Union Square 601 Union Street, Suite 4100 Seattle, Washington 98101 Office: (206) 233-2977 Fax: (206) 628-6611 Email: eharris@williamskastner.com ELIOT HARRIS is a member in the Seattle
More informationOF FLORIDA THIRD DISTRICT JULY TERM, 2004
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, 2004 LIBERTY MUTUAL FIRE ** INSURANCE COMPANY, **
More informationCOBRA/CONTINUATION OF COVERAGE ADMINISTRATIVE SERVICES AGREEMENT
COBRA/CONTINUATION OF COVERAGE ADMINISTRATIVE SERVICES AGREEMENT This COBRA/Continuation of Coverage Administrative Service Agreement ( Agreement ) is made and entered into this day of, 20, between Avera
More informationSTATE OF CONNECTICUT LABOR DEPARTMENT CONNECTICUT STATE BOARD OF LABOR RELATIONS
STATE OF CONNECTICUT LABOR DEPARTMENT CONNECTICUT STATE BOARD OF LABOR RELATIONS CITY OF MILFORD LOCAL 1566, COUNCIL 4, AFSCME, AFL-CIO -and- -and- RICHARD DOWD DECISION NO. 3701 JUNE 10, 1999 Case No.
More informationCUEd In: The Law and Business of Employee Benefits for Credit Union Executives. We are now on Facebook.Visit us at facebook.com/bklawyers.
CUEd In: The Law and Business of Employee Benefits for Credit Union Executives In this Issue 2 Follow the yellow brick road Welcome to the next issue of CUEd In, our guide to the law and business of employee
More informationNOTICE OF CLASS ACTION SETTLEMENT AND FAIRNESS HEARING
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION Whitney Main, et al., Plaintiffs, v. American Airlines, Inc., et al., Defendants. Civil Action No.: 4:16-cv-00473-O
More informationDaniel W. Srsic. Focus Areas. Overview
Shareholder Fifth Third Center 21 East State Street, 16th Floor 43215 main: (614) 463-4201 direct: (614) 463-4213 fax: (614) 221-3301 dsrsic@littler.com Focus Areas ERISA and Benefit Plan Litigation Discrimination
More informationCase 4:16-cv RGE-SBJ Document 59 Filed 02/08/18 Page 1 of 14
Case 4:16-cv-00650-RGE-SBJ Document 59 Filed 02/08/18 Page 1 of 14 DEBORAH INNIS, on behalf of the ) Telligen, Inc. Employee Stock ) Ownership Plan, and on behalf of a class ) of all other persons similarly
More informationFIDUCIARY LIABILITY COVERAGE PART
FIDUCIARY LIABILITY COVERAGE PART I. INSURING AGREEMENTS Fiduciary Liability The Insurer shall pay Loss on behalf of the Insureds resulting from a Fiduciary Claim first made against the Insureds during
More informationERISA. Representative Experience
ERISA RMKB s ERISA practice group has extensive experience representing insurance carriers, employers, plan administrators, claims administrators, and benefits plans against claims brought under the Employee
More informationNOTICE OF PROPOSED CLASS ACTION SETTLEMENT
NOTICE OF PROPOSED CLASS ACTION SETTLEMENT Elizabeth Ortiz, et al. v. Ghirardelli Chocolate Company Superior Court of California, Alameda County, Case No. RG15764300 It is your responsibility to change
More informationATTORNEYS FEES RECOVERY. ACCEC Annual Meeting May 11, 2017
ATTORNEYS FEES RECOVERY ACCEC Annual Meeting May 11, 2017 Robert D. Allen, The Allen Law Group Nicholas Nierengarten, Gray Plant Mooty Sara M. Thorpe, Nicolaides Fink Thorpe Michaelides Sullivan LLP 2
More informationPLF Claims Made Excess Plan
2019 PLF Claims Made Excess Plan TABLE OF CONTENTS INTRODUCTION... 1 SECTION I COVERAGE AGREEMENT... 1 A. Indemnity...1 B. Defense...1 C. Exhaustion of Limit...2 D. Coverage Territory...2 E. Basic Terms
More informationARMED SERVICES BOARD OF CONTRACT APPEALS. Appeal of -- ) ) Giuliani Associates, Inc. ) ASBCA No ) Under Contract No.
ARMED SERVICES BOARD OF CONTRACT APPEALS Appeal of -- ) ) Giuliani Associates, Inc. ) ASBCA No. 51672 ) Under Contract No. NAS5-96139 ) APPEARANCE FOR THE APPELLANT: APPEARANCE FOR THE GOVERNMENT: Herman
More informationUNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO
Case 4:16-cv-00325-CWD Document 50 Filed 11/15/17 Page 1 of 9 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO PENSION BENEFIT GUARANTY CORPORATION, vs. Plaintiff IDAHO HYPERBARICS, INC., as Plan
More informationU.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS Williams v. Wells Fargo, Case No. 1:14-cv-01981
U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS Williams v. Wells Fargo, Case No. 1:14-cv-01981 If you worked as a Financial Advisor Trainee for Wells Fargo, you may receive a payment from a
More informationUNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
JAMES J. HAYES, Individually and on Behalf of All Others Similarly Situated, UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK v. Plaintiff, CASE NO. 1:08 Civ. 3653-BSJ-MHD HARMONY GOLD MINING
More informationThe Code of Ethics for Arbitrators in Commercial Disputes Effective March 1, 2004
The Code of Ethics for Arbitrators in Commercial Disputes Effective March 1, 2004 The Code of Ethics for Arbitrators in Commercial Disputes was originally prepared in 1977 by a joint committee consisting
More informationRETIREMENT PLAN INVESTMENT MANAGEMENT AGREEMENT TRINITY PORTFOLIO ADVISORS LLC
vs.4 RETIREMENT PLAN INVESTMENT MANAGEMENT AGREEMENT TRINITY PORTFOLIO ADVISORS LLC Name of Plan: Name of Employer: Effective Date: This Retirement Plan Investment Management Agreement ( Agreement ) is
More informationNOTICE OF CLASS ACTION SETTLEMENT AND FAIRNESS HEARING
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF NORTH CAROLINA Karolyn Kruger, M.D., et al., Plaintiffs, v. Novant Health Inc., et al., Defendants. Case No. 14-cv-208 Judge William Osteen, Jr. NOTICE OF
More informationWhat Solo and Small Firms Need to Know about Malpractice Insurance
What Solo and Small Firms Need to Know about Malpractice Insurance 1 Insurance Considerations 2 Greg Cooke Sales Manager USI Affinity Practice 360 - A Day for Lawyers & Law Firms 2 Agenda 3 Claims Statistics
More informationFIDUCIARY LIABILITY COVERAGE PART
FIDUCIARY LIABILITY COVERAGE PART I. INSURING AGREEMENTS Fiduciary Liability The Insurer shall pay Loss on behalf of the Insureds resulting from a Fiduciary Claim first made against the Insureds during
More informationForm 5500 Revision Proposal Signals to get Plans Procedures Updated
IUOE Lawyers Conference Form 5500 Revision Proposal Signals to get Plans Procedures Updated Joyce A. Mader O Donoghue & O Donoghue LLP Washington, DC October, 2016 #199040 5500 Revision Proposal Annual
More information10/17/2016. Fiduciary Case Studies You Can t Make This Stuff Up. Sheldon H. Smith Bryan Cave LLP Denver
Fiduciary Case Studies You Can t Make This Stuff Up Sheldon H. Smith Bryan Cave LLP Denver 1 A Heartbreaker O Shea v. UPS Retirement Plan, et al (2016 WL 4750214) Brian O Shea worked for UPS for 37 years
More informationPRIVATE RULING atty fees to class counsel.txt PRIVATE RULING PRIVATE RULING
PRIVATE RULING 200518017PRIVATE RULING 200518017 "This document may not be used or cited as precedent. Section 6110(j)(3) of the Internal Revenue Code." Section 61 -- Gross Income Defined; Section 6041
More informationNOTICE OF PROPOSED CLASS ACTION SETTLEMENT AND SETTLEMENT HEARING
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK JOANNE BERGEN, ANDREW C. MATTELIANO, NANCY A. MATTELIANO, KEVIN KARLSON, BARBARA KARLSON, ROBERT BRADSHAW, on Behalf of Themselves and Others Similarly
More informationWhat Solo and Small Firms Need to Know about Malpractice Insurance
What Solo and Small Firms Need to Know about Malpractice Insurance 1 Insurance Considerations 2 Greg Cooke Vice President Sales & Client Management USI Affinity Practice 360 - A Day for Lawyers & Law Firms
More informationChair of panel in multimillion-dollar dispute involving claims of defective equipment supplied to a wind power project.
Eric Watt Wiechmann McCarter & English, LLP 185 Asylum Street Hartford, CT 06103 Office: (860) 275-6731 Cell: (860) 543-9181 ewiechmann@mccarter.com ewiech33@gmail.com ARBITRATOR, MEDIATOR, EARLY NEUTRAL
More informationDIRECTORS & OFFICERS AND FIDUCIARY LIABILITY INSURANCE FOR ESOPS: The Exposure, the Solutions, the Marketplace
DIRECTORS & OFFICERS AND FIDUCIARY LIABILITY INSURANCE FOR ESOPS: The Exposure, the Solutions, the Marketplace ESOP MIDWEST REGIONAL CONFERENCE Bloomington, Minnesota September 11, 2015 TED BECKER Drinker
More informationCase 1:06-cv LTS-RHW Document 177 Filed 05/19/2008 Page 1 of 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION
Case 1:06-cv-00433-LTS-RHW Document 177 Filed 05/19/2008 Page 1 of 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION UNITED STATES OF AMERICA EX REL. CORI RIGSBY and KERRI
More informationUNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION. v. Case No Honorable Patrick J. Duggan FIRST BANK OF DELAWARE,
Case 2:10-cv-11345-PJD-MJH Document 12 Filed 07/07/10 Page 1 of 7 ANTHONY O. WILSON, Plaintiff, UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION v. Case No. 10-11345 Honorable
More informationCOMMON AND COSTLY EMPLOYEE BENEFITS & HR MISTAKES
COMMON AND COSTLY EMPLOYEE BENEFITS & HR MISTAKES Mistakes in employee benefits and human resources can be quite costly to employers in the form of extra benefits, complaints, lawsuits, government-assessed
More informationUCB, Inc. Defined Benefit Pension Plan Litigation NOTICE OF PROPOSED CLASS ACTION SETTLEMENT
UCB, Inc. Defined Benefit Pension Plan Litigation NOTICE OF PROPOSED CLASS ACTION SETTLEMENT Ahrens, et al., v. UCB Holdings, Inc., et al., No. 15-cv-348-TWT (N.D. Ga.) A Federal Court authorized this
More informationRole Of Advisers In Client Class Action Claims
Investment Adviser Association Compliance Workshop October 26, 2005 Role Of Advisers In Client Class Action Claims Steven W. Stone Partner Morgan, Lewis & Bockius LLP www.morganlewis.com Role Of Advisers
More informationThe Non Profit Wrap New Business Application
The Non Profit Wrap New Business Application Application for All Coverage Parts NOTICE: THE WRAP LIABILITY COVERAGE PARTS FOR WHICH APPLICATION IS MADE APPLY, SUBJECT TO THEIR RESPECTIVE TERMS, ONLY TO
More informationMETLAW SUMMARY PLAN DESCRIPTION
METLAW SUMMARY PLAN DESCRIPTION INTRODUCTION MetLaw was established to provide personal legal services for eligible Company employees, their spouses and dependent children. This summary provides general
More information) ) ) ) ) ) ) ) ) ) ) ) NOTICE OF PROPOSED CLASS ACTION SETTLEMENT
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK DANIEL AUDE, Individually and on Behalf of All Others Similarly Situated, vs. Plaintiff, KOBE STEEL, LTD., HIROYA KAWASAKI, YOSHINORI ONOE, AKIRA
More informationTHIS IS A CLAIMS MADE COVERAGE WITH DEFENSE EXPENSES INCLUDED IN THE LIMIT OF LIABILITY. PLEASE READ ALL TERMS CAREFULLY.
Wrap SM Fiduciary Liability THIS IS A CLAIMS MADE COVERAGE WITH DEFENSE EXPENSES INCLUDED IN THE LIMIT OF LIABILITY. PLEASE READ ALL TERMS CAREFULLY. I. INSURING AGREEMENTS A. The Company shall pay on
More informationUNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION. v. Case No. 3:17-cv-436-J-32PDB ORDER
Case 3:17-cv-00436-TJC-PDB Document 47 Filed 01/02/18 Page 1 of 8 PageID 539 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION RAYNOR MARKETING, LTD., Plaintiff, v. Case No.
More informationUNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO CIV-DIMITROULEAS
In re DS Healthcare Group, Inc. Securities Litigation / UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 16-60661-CIV-DIMITROULEAS NOTICE OF PENDENCY AND PROPOSED SETTLEMENT OF CLASS
More informationHOUSTON COMMUNITY COLLEGE OFFICE OF GENERAL COUNSEL GUIDELINES FOR OUTSIDE COUNSEL
HOUSTON COMMUNITY COLLEGE OFFICE OF GENERAL COUNSEL GUIDELINES FOR OUTSIDE COUNSEL The Office General Counsel ( OGC ) is responsible for providing legal advice to Houston Community College ( HCC ) and
More informationThe Role of a Fiduciary at the South Carolina Retirement Systems Investment Commission. Michael Hitchcock Chief Executive Officer October 17, 2016
The Role of a Fiduciary at the South Carolina Retirement Systems Investment Commission Michael Hitchcock Chief Executive Officer October 17, 2016 What is a Fiduciary? A fiduciary is a person who holds
More informationThe United States Supreme Court held in Tibble et al. v. Edison
Employee Relations L A W J O U R N A L Employee Benefits Electronically reprinted from Spring 2016 The Trouble Caused by Tibble: Supreme Court Case Requires Enhanced Monitoring of Plan Investments Mark
More informationUNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION CITY PENSION FUND FOR FIREFIGHTERS AND POLICE OFFICERS IN THE CITY OF MIAMI BEACH, Individually and on Behalf of All Others Similarly
More informationAlan Nagy and Gail Nagy v. David Zysk, (Docket No. CV ) (J. Fritzsche). Following
STATE OF MAINE YORK, ss. SUPERIOR COURT CML ACTION DOCKET NO. CV-05-241 ALLSTATE INSURANCE COMPANY, Plaintiff v. ORDER DAVID ZYSK, et al., Defendants This case comes before the Court on Plaintiff Allstate
More informationALI-ABA Course of Study ERISA Litigation. February 14-16, 2008 Scottsdale, Arizona. Litigation Against Plan Service Providers
183 ALI-ABA Course of Study ERISA Litigation February 14-16, 2008 Scottsdale, Arizona Litigation Against Plan Service Providers By Thomas S. Gigot Groom Law Group Washington, D.C. 184 2 185 Overview Since
More informationDisability, Leave. jackson lewis Preventive Strategies and Positive Solutions for the Workplace ALL WE DO IS WORK
Disability, Leave Employee and Health Benefits Management jackson lewis Preventive Strategies and Positive Solutions for the Workplace ALL WE DO IS WORK jjackson Lewis provides comprehensive employee benefits
More informationTPA Audits Section 504 Investigations of TPA Firms. Joshua J. Waldbeser, Attorney, Drinker Biddle & Reath LLP
TPA Audits Section 504 Investigations of TPA Firms Joshua J. Waldbeser, Attorney, Drinker Biddle & Reath LLP Joshua Waldbeser, Attorney, Drinker Biddle & Reath, LLP Joshua has been an attorney in the Employee
More informationIBEW LOCAL NO. 461 VACATION FUND SUMMARY PLAN DESCRIPTION
IBEW LOCAL NO. 461 SUMMARY PLAN DESCRIPTION OCTOBER 2005 SUMMARY PLAN DECRIPTION This booklet summarizes the official provisions of the IBEW Local 461 Vacation Plan. The benefits of the Vacation Plan are
More informationEthical Issues for In-House Counsel Conducting Employee Interviews
Ethical Issues for In-House Counsel Conducting Employee Interviews 2016 ACC Houston Chapter Labor & Employment Practice Group Series Bob s Steak & Chop House September 21, 2016 Baker & McKenzie LLP is
More informationFIDUCIARY LIABILITY Risk review performed for: Date:
ForeFront Portfolio SM Risk Analyzer for Privately Held Companies FIDUCIARY LIABILITY Risk review performed for: Date: The Purpose of the Risk Analyzer When it comes to insuring your company, you can
More informationIN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION. v. CIVIL ACTION NO.
Alps Property & Casualty Insurance Company v. Turkaly et al Doc. 50 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION ALPS PROPERTY & CASUALTY INSURANCE
More informationCase 1:05-cv SEB-TAB Document 226 Filed 01/25/10 Page 1 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION
Case 1:05-cv-01908-SEB-TAB Document 226 Filed 01/25/10 Page 1 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION MARY ORMOND, DANIEL CESCATO and KEVIN HEEKIN, on Behalf
More informationLEGAL DEFENSE FUND. Program Document and Summary Program Description CCPOA. Benefit Trust Fund
LEGAL DEFENSE FUND Program Document and Summary Program Description CCPOA Benefit Trust Fund CCPOA LEGAL DEFENSE FUND and certain other Legal Service Benefits PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTION
More informationSTATE OF NEW JERSEY. SENATE, No th LEGISLATURE. Sponsored by: Senator ROBERT M. GORDON District 38 (Bergen and Passaic)
SENATE, No. 0 STATE OF NEW JERSEY th LEGISLATURE INTRODUCED JULY, 0 Sponsored by: Senator ROBERT M. GORDON District (Bergen and Passaic) SYNOPSIS Requires good cause for termination of certain employees.
More informationThis opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2016).
This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2016). STATE OF MINNESOTA IN COURT OF APPEALS A17-0927 In the Matter of the Estate of: Prince Rogers
More informationDear Member: It is our hope that you will discover the great value of your legal benefits by using them to resolve legal matters now or in the future.
The New York Hotel Trades Council and 305 West 44 th Street, 2 nd Floor New York, NY 10036 Dear Member: As Trustees of the New York Hotel Trades Council and Pre-Paid Legal Fund, we are pleased to present
More informationOHIO RULES OF PROESSIONAL CONDUCT: RESPONSIBILITIES REGARDING NONLAWYER ASSISTANTS, INCLUDING PARAPROFESSIONALS. Howard L. Richshafer, J.D., C.P.A.
OHIO RULES OF PROESSIONAL CONDUCT: RESPONSIBILITIES REGARDING NONLAWYER ASSISTANTS, INCLUDING PARAPROFESSIONALS By Howard L. Richshafer, J.D., C.P.A. I. INTRODUCTION. A. The legal profession is self-governing.
More informationWe reserve the right to disconnect any unauthorized users from this event and to deny violators admission to future events.
Presented By: Speaker Firms and Organization: Partner Firms: Shutts & Bowen LLP Aliette DelPozo Rodz Partner McElroy, Deutsch, Mulvaney & Carpenter, LLP Margaret L. Watson Of Counsel Thank you for logging
More informationJ. Kirby McDonough and S. Douglas Knox of Quarles & Brady, LLP, Tampa, for Appellee.
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA LINDA G. MORGAN, v. Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D15-2401
More informationDISCOVERY GUIDE. This Discovery Guide and Document Production Lists supplement the discovery rules contained
DISCOVERY GUIDE This Discovery Guide and Document Production Lists supplement the discovery rules contained in the FINRA Code of Arbitration Procedure for Customer Disputes ( Customer Code. ) (See Rules
More informationERISA Fiduciary Issues for Plan Sponsors: What Do 401(k) Plan Fiduciaries Need to Know About Revenue Sharing?
October 2016 Practice Group: Employee Benefits ERISA Fiduciary Issues for Plan Sponsors: What Do 401(k) Plan Fiduciaries Need to Know About Revenue Sharing? By Michael A. Hart Retirement plan revenue sharing
More informationERISA Litigation. ERISA Statute Fundamentals. What is ERISA, and where is the ERISA statute located? What is an ERISA plan?
ERISA Litigation Our expert attorneys have substantial experience representing third-party administrators, insurers, plans, plan sponsors, and employers in an array of ERISA litigation and benefits-related
More informationAVOIDING FIDUCIARY DUTY FOR DIRECTORS AND OFFICERS. Brian T. Ortelere Charles C. Jackson
AVOIDING FIDUCIARY DUTY FOR DIRECTORS AND OFFICERS I. INTRODUCTION Brian T. Ortelere Charles C. Jackson Recent highly publicized corporate reversals have spawned numerous class action lawsuits raising
More informationLawrence J. Bracken II Partner
Biographies Lawrence J. Bracken II Partner lbracken@huntonak.com Atlanta +1 404 888 4035 New York +1 212 309 1054 SERVICES Industries Energy Financial Services Retail and Consumer Products Practices Insurance
More informationUNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA KEVIN KNOX; NOE BAROCIO; SALVADOR BAROCIO; CINDY CONYBEAR, each individually and on behalf of all others similarly situated, v. Plaintiffs, Master
More informationThe only way to get a payment. NO LATER THAN MARCH 10, 2011 EXCLUDE YOURSELF NO LATER THAN MARCH 10, 2011 SUBMIT A CLAIM FORM
United States District Court Southern District Of New York IN RE FUWEI FILMS SECURITIES LITIGATION Case No. 07-CV-9416 (RJS) NOTICE OF PENDENCY AND SETTLEMENT OF CLASS ACTION If you purchased or otherwise
More informationMultiemployer Benefit Plans
Multiemployer Benefit Plans The Multiemployer Benefit Plans Practice Area serves as counsel to over 20 jointly-administered employee benefit funds established under collective bargaining agreements, and
More informationDivision of Risk Management Florida Department of Financial Services. General Program and State Liability Claims Information
Division of Risk Management Florida Department of Financial Services General Program and State Liability Claims Information February 21, 2017 Presenter Jimmy Glisson, Risk Management Program Administrator
More informationIN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT STATE FARM FLORIDA INSURANCE COMPANY, Petitioner, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF
More informationESOP Legal and Fiduciary Update
ESOP Legal and Fiduciary Update 27th Annual Ohio Employee Ownership Conference April 19, 2013 Thomas Potts Fiduciary Services, Inc. tom@phfcpas.com 317-888-1400 Matthew A. Secrist Squire Sanders (US) LLP
More informationThomas W. Curvin. P: E:
ATTORNEY BIOGRAPHY Thomas W. Curvin Partner Atlanta P: +1.404.853.8314 E: tomcurvin@eversheds-sutherland.com Education J.D., magna cum laude, University of Notre Dame Law School, Lead Notes Editor, Notre
More informationINSURANCE COVERAGE COUNSEL
INSURANCE COVERAGE COUNSEL 2601 AIRPORT DR., SUITE 360 TORRANCE, CA 90505 tel: 310.784.2443 fax: 310.784.2444 www.bolender-firm.com 1. What does it mean to say someone is Cumis counsel or independent counsel?
More informationCase 1:14-md TWT Document Filed 03/08/17 Page 1 of 74
Case 1:14-md-02583-TWT Document 327-3 Filed 03/08/17 Page 1 of 74 Case 1:14-md-02583-TWT Document 327-3 Filed 03/08/17 Page 2 of 74 Case 1:14-md-02583-TWT Document 327-3 Filed 03/08/17 Page 3 of 74 Case
More informationREPORTER. Exempt Organizations
A BNA, INC. PENSION & BENEFITS! REPORTER Reproduced with permission from Pension & Benefits Reporter, Vol. 35, No. 27, 07/08/2008. Copyright 2008 by The Bureau of National Affairs, Inc. (800-372- 1033)
More informationExhibit 1
Exhibit 1 Exhibit A IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND IN RE MUTUAL FUNDS INVESTMENT LITIGATION Columbia sub-track ) ) ) ) ) MDL-1586 Case No. 04-md-15863 SHORT-FORM
More informationConflicts of Interest Concerns for Tax Professionals. Kyle Coleman
Conflicts of Interest Concerns for Tax Professionals Presented By: Kyle Coleman Coleman, Anastopulos & Jackson, P.C. 16250 Knoll Trail Drive, Suite 105, Dallas, TX 75248 Phone: (972) 810 4380 Fax: (972)
More informationDAVID v. GOLIATH: WHAT CAN WE LEARN FROM CLASS ACTION LAWSUITS?
DAVID v. GOLIATH: WHAT CAN WE LEARN FROM CLASS ACTION LAWSUITS? Presented by LightStream Communications At Church of the Redeemer 200 Pennswood Road Bryn Mawr, Pennsylvania 19010 Tuesday, April 25, 2017
More information2008 ANNUAL SPRING INVESTMENT FORUM American College of Investment Counsel Chicago, IL
2008 ANNUAL SPRING INVESTMENT FORUM American College of Investment Counsel Chicago, IL At the end of the Day (Les Miserables) ERISA 11:30am 12:30pm April 17, 2008 PANELISTS: Lennine Occhino Mayer Brown
More informationRetirement Plan Fiduciaries
Best Practices ces for Retirement Plan Fiduciaries David A. Whaley, Partner Dinsmore & Shohl LLP Laura L. Stallard, CPA Mountjoy Chilton Medley July 16, 2013 Overview What is a retirement plan fiduciary?
More informationChoosing Your Malpractice Provider
Choosing Your Malpractice Provider Risk Management practice guide of Lawyers Mutual I Made a Mistake. What Now? Don t Make It Worse! Risk Management practice guide of Lawyers Mutual LAWYERS MUTUAL LIABILITY
More informationProcrastinators Programs SM
Procrastinators Programs SM The Duty to Supervise Non-Lawyer Employees and More Ethics Tidbits Elizabeth A. Alston Ethics by Alston Course Number: 0200131219 1 Hour of Ethics CLE December 19, 2013 3:40
More informationIN THE SUPREME COURT OF FLORIDA CASE NO.:
IN THE SUPREME COURT OF FLORIDA CASE NO.: ARNALDO VELEZ, an individual, TAYLOR, BRION, BUKER & GREENE, a general partnership, vs. Petitioners, BIRD LAKES DEVELOPMENT CORP., a Panamanian corporation, Respondent.
More informationOverview of the IRS Controlled Group Rules and How They May Apply to YOUR Company
Overview of the IRS Controlled Group Rules and How They May Apply to YOUR Company Controlled Group Rules: The Internal Revenue Code (the Code ) includes a series of rules for controlled groups of corporations.
More informationSCR 20:6.1 Voluntary pro bono publico service
SCR 20:6.1 Voluntary pro bono publico service Every lawyer has a professional responsibility to provide legal services to those unable to pay. A lawyer should aspire to render at least 50 hours of pro
More informationNOTICE OF PROPOSED CLASS ACTION SETTLEMENT YOU MAY BE REQUIRED TO FILE A CLAIM FORM. NOT ALL CLASS MEMBERS ARE REQUIRED TO FILE A CLAIM FORM.
The Superior Court of the State of California authorized this Notice. This is not a solicitation from a lawyer. NOTICE OF PROPOSED CLASS ACTION SETTLEMENT If you are a lawyer or law firm that has paid,
More informationThis Webcast Will Begin Shortly
This Webcast Will Begin Shortly If you have any technical problems with the Webcast or the streaming audio, please contact us via email at: webcast@acc.com Thank You! 1 How to Avoid False Claims Act Exposure:
More information401(k) Fees and Fiduciary Responsibility
T. ROWE PRICE 401(k) Fees and Fiduciary Responsibility What Plan Sponsors Need to Know Retirement Insights EXECUTIVE SUMMARY In recent years, market events have made many 401(k) participants more sensitive
More information