In New York state, both houses of the Legislature have passed S.3100A/A.1278-B, which would add a new section 191-d to the Labor Law prohibiting “non-compete agreements and certain restrictive covenants.”
Continue Reading NY Legislature Passes Legislation Banning Employer Use of Noncompete Agreements; NYC, FTC Actions Pending; NLRB General Counsel Memorandum
The contours of plaintiff pleading requirements for ERISA fiduciary breach claims sketched by the Supreme Court in Hughes v. Northwestern University continue to evolve. Recent cases suggest that plaintiffs may
Continue Reading The Tide May Be Turning on Flood of ERISA Excessive Fee Class Actions
To survive a motion to dismiss after Hughes v. Northwestern University, plaintiffs will have to allege facts showing the plan fiduciaries have not followed a prudent process in making
Continue Reading Charting a ‘Northwestern’ Passage: ERISA’s Duty of Prudence and Requirements for Pleading a Breach After ‘Hughes v. Northwestern University’
The U.S. Supreme Court ruled Jan. 24 in Hughes et al. v Northwestern University et al. that in litigation challenging fiduciaries of benefit plans that allegedly have imprudent investment options,
Continue Reading Supreme Court Holds ERISA Requires Plaintiffs to Allege Context-Specific Breaches of Fiduciary Duty to Monitor
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California and North Carolina district courts have dismissed major class action challenges to AT&T and Lowe’s 401(k) plan recordkeeping fees based on extensive step-by-step documentation that the plan fiduciaries acted
Continue Reading Process Prevails in ERISA Excessive Fee Victories
On Sept. 8, 2020, a New York federal judge struck down substantial portions of the U.S. Department of Labor (DOL’s) joint employer final rule, which went into effect March 1,
Continue Reading New York Federal Judge Strikes Down DOL ‘Joint Employer’ Rule
New York City employers may not use the Faragher/Ellerth defense to harassment claims lodged under New York City’s Human Rights Law. That’s the verdict of New York’s Court of Appeals.
Continue Reading No Faragher/Ellerth Defense for New York City Employers
To borrow from a classic song:
There’s something happening here. What it is ain’t exactly clear.”
Last Thursday, a federal district judge sentenced a former DuPont employee to 18 months
Continue Reading What Can We Learn From the Cluster of Recent Trade Secret Theft Cases?