journal - Winston & Strawn

24, NO. 4. WINTER 2011. ERISA's Outer Limits—The Admissibility of Extrinsic Evidence in Denied Claims for Plan Benefits. James P. Baker. Cue music. ...

65 downloads 63 Views 146KB Size

Recommend Documents

Mr. Baker as one of the nation's 40 best ERISA attorneys and Chambers. USA (2007–2011) describes him as “an ERISA ... class involving alleged losses to defined contribution plan accounts has become more difficult. In LaRue, the US .... The Spano

Three recent circuit court of appeals decisions have placed a damper on the .... The early cases followed a familiar pattern: defendants filed motions to dismiss, the court denied defendants' motions to dismiss, followed by a settlement. The class ac

36. Principles of contract law, as opposed to trust law or ERISA's fiduciary standards, are applied to determine the rights and obliga- tions of participants in a top-hat plan. 37 One of the consequences of .... See 29 C.F.R. § 2520.104-24 and § 25

BANKRUPTCY CODE'S “SAFE HARBORS” FOR PROTECTED CONTRACTS. Brian Trust and Rick Hyman. 149 ... ASSISTANT EDITOR. Catherine Dillon. BOARD OF EDITORS. PRATT'S JOURNAL OF BANKRUPTCY LAW is published eight times a year by A.S. Pratt & Sons, 805 Fif- t

Oct 9, 2011 - Paul Albus. 845. REGULATION OF CERTAIN WIRE AND ACH TRANSFERS TO PERSONS ... THE BANKING LAW JOURNAL (ISSN 0005 5506) (USPS 003-160) is published ten times a year by A.S. Pratt & Sons,. 805 Fifteenth Street ... fax: 703-528-1736. For su

Oct 9, 2012 - OF CUSTOMER BANK ACCOUNTS. Harold P. Reichwald ... THE BANKING LAW JOURNAL (ISSN 0005 5506) (USPS 003-160) is published ten times a year by A.S. Pratt & Sons,. 805 Fifteenth Street, NW., Third ... LIBOR is the predominant benchmark inte

Nov 9, 1989 - Mexico oil spill, including costs to date of $2.9 billion for the response .... (1998). The figure $16.5 billion is calculated using the “Inflation Calculator” at www.dollar ...... (Am.) Inc., 406 F. App'x 883, 889-90 (5th Cir. 2010

Oct 9, 2011 - LENDING TO COMMUNITY ASSOCIATIONS. Paul Albus ... Heath P. Tarbert. Senior Counsel, Weil, Gotshal &. Manges LLP. Marshall E. Tracht. Professor of Law. New York Law School. Stephen B. Weissman. Partner ... may apply to commercial transac

Oct 9, 2012 - OF CUSTOMER BANK ACCOUNTS. Harold P. Reichwald ... THE BANKING LAW JOURNAL (ISSN 0005 5506) (USPS 003-160) is published ten times a year by A.S. Pratt & Sons,. 805 Fifteenth Street, NW., .... ongoing for some time internationally, only

Gordon A. Coffee. (202) 282-5741 [email protected] State of California (In re Lockyer) v. British Columbia Power Exchange. Corp. et al. Secured a decision dismissing a $190 million claim against client Allegheny. Energy Supply Company, LLC. A FERC

Nov 6, 2013 - potential vapor migration or “encroachment” impacts. We also discuss EPA's proposed amendments to the all appropriate ... The definition of “migration” has also been revised to include the movement of .... of data or even any ev

But it is when Webb is on the brink of trial or in the midst of the ... home, “winning way” with juries and judges that sets him apart from other ..... home. She sat down and cried. It wasn't really good living conditions.” Lonely in a strange

Exchange Act.] SECTION 308 OF SOX. Under section 308 of the Sarbanes-Ox- ley Act (SOX), the SEC has the power to add disgorged funds to a disgorgement.

OFFICe: (866) 558-4465 EXT. 204 ... sent, assuming the duties of chief judge, does American Calcar II break navigation system that was allegedly withheld by the lead inventor ..... Judge Prost and Judge Wallach appear to be operating at the fringes o

stock exchange rules. The defendants moved to dismiss, noting that SPG had received an e-mail confirmation from the New York Stock Exchange (“NYSE”) staff that shareholder approval of the amendment was not required under NYSE rules. The court hel

Nov 27, 2013 - Regulatory Enforcement. • FCA imposes worldwide freezing order on suspected boiler room, First Capital Wealth Limited – On 15 November 2013, a suspected boiler room (an outbound call centre selling questionable investments by telep

must take into account the possibility that Congress will amend. OCLSA, as it did in 2010 to encompass offshore wind farms generally, to include the Jones Act as well. In fact, the US House of Representatives passed a bill—H.R. 2360—on December 7

orders and that one of the reasons given for their non-compliance with court orders and CPR provisions was a lack of funds. The ... No reproduction or redistribution is permitted without the written ..... However, it was a different story with regard

“the purchase or sale of any other security in the. [United States]”20—has resulted in three potentially inconsistent approaches. The first approach considers whether either the offer or acceptance of the off-exchange transaction occurred withi

to the .XXX TLD for hosting adult entertainment websites.” Plaintiffs' efforts were stymied by their own complaint when they alleged that Manwin's own was the most popular free adult video website on the Internet. Thus, since the releva

Anti-Defamation League First Amendment. Freedom Award. Firm Chairman Dan Webb and Chairman Emeritus. Gov. James Thompson were honored by the Anti-. Defamation League for their commitment to the public interest including their contributions during the

information technology and business process outsourcing, global ... my entire career. It was extremely complicated, involving simultaneous negotiations over several months with multiple vendors. Then I learned. I was pregnant! I was hesitant about ..

Antitrust Cases Have Routinely Applied Daubert Rules. •. FRE 703: Basis of Opinion Testimony by Experts .... his conversation with another expert when expected testimony would have shown there was no divergence of .... the underlying basis for an o

United States; (b) most of the preparation for the fraudulent offering of a U.S. issuer's securities abroad occurred in the United States; or (c) the. United States served as a “base of operations” for meetings, conferences, or receipt of bank ac