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A Cautionary Tale For Plan Fiduciaries And Service Providers: Cybertheft, Fraud, And Potential Liability - Employee Benefits & Compensation

With more and more retirement plan services moving online, a recent case arising in the U.S. District Court for the Southern District of New York, Giannini v. Transamerica Retirement Solutions...
New York United States Tips For Hiringa Service Provider Department Of Labor Transamerica Retirement Solutions Us District Court
Source: mondaq.com

New York Enacts Revival Statutes, Renewing Expired Claims for Sexual Assault

In this month’s column, we discuss the backdrop for the passage of the ASA and present an overview of the law, as well as another statute with a revival window on the horizon—New York City’s Victims of Gender-Motivated Violence Protection Law. We also offer practical suggestions for employers to consider in anticipation of lawsuits which may be filed once the ASA’s revival window opens this fall.
New York United States New Jersey Michael Hill Kaelyn Forde Jay Tokasz
Source: weil.com

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Misclassified Independent Contractor Denied ERISA Claim

A California district court foreclosed a former independent contractor’s claims for benefits from ERISA-governed plans when it found that plaintiff was not a participant as defined by ERISA and did not have statutory standing to assert ERISA claims. Alders v. YUM! Brands
Brands Inc Abor And Employment Risa Litigation Ldersv Yum Brands Independent Contractor Ndependent Contractor Erisa

Shielding Attorney-Fiduciary Communications in 401k Cases

A Court ordered defendants in ERISA fiduciary breach case to produce communications with counsel, rejecting the argument that communications occurred in the context of attorneys advising a 401k plan’s sponsor and fiduciaries as to fiduciary liabilities. In re GE ERISA Litig.
Abor And Employment Financial Institutions And Banking N Re Ge Erisa Litig Iduciary Liabilities Ee Class Action Fiduciary Exception

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