Popular Benefits-Related Tax Provisions May be Targeted to Raise Revenue for Federal Tax Cuts
Popular Benefits-Related Tax Provisions May be Targeted to Raise Revenue for Federal Tax Cuts - Marcia Wagner and Eric Keller, 401(k) Advisor, June, 2025
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3 DOL Policy Shifts On Benefits Attys’ Radar
3 DOL Policy Shifts On Benefits Attys' Radar - Andrew Oringer, Law360, June 27, 2025 (PDF)
Waiver of ERISA Rights Must Be Reviewed With “Special Scrutiny”
In Shuman v. Microchip, the U.S. Court of Appeals for the Ninth Circuit has established criteria for the “special scrutiny” required when an employee waives his or her ERISA-covered benefit rights. Facts. In anticipation of a potential acquisition, a company created...
Texas Targets Del. Primacy with Trio of New Corporate Laws
Texas Targets Del. Primacy with Trio of New Corporate Laws - Andrew Oringer, Law360, June 17, 2025 (PDF)
Massachusetts Court Rules that the State’s Noncompetition Agreement Act Does not Cover Breach of a Nonsolicitation Agreement Triggering a Forfeiture Clause
In Susan Miele v. Foundation Medicine, Inc., the Supreme Judicial Court ruled that a forfeiture clause triggered by a breach of a nonsolicitation agreement does not constitute a “forfeiture for competition agreement” subject to the Massachusetts Noncompetition...
FMLA Leave Rights Not Strictly Bound by Medical Certification
The U.S. Court of Appeals for the Seventh Circuit, in Davis vs. Illinois Department of Human Services, has ruled that, based on facts already known to an employer, an employee may be entitled to additional leave rights under the Family and Medical Leave Act (“FMLA”)...
Chambers USA Recognizes The Wagner Law Group and Attorneys Harold Ashner, Eric Keller, Andrew Oringer and Roberta Watson
Chambers USA Recognizes The Wagner Law Group and Attorneys Harold Ashner, Eric Keller, Andrew Oringer and Roberta Watson - The Wagner Law Group Press Release, June 6, 2025 (PDF)
An ERISA Journey for ESG via American Airlines By Way of Utah?
An ERISA Journey for ESG via American Airlines By Way of Utah? - Marcia Wagner, Andrew Oringer, Barry Salkin, Jon Schultze, and Ari Sonneberg, 401(k) Advisor, May, 2025
Letter to Court Indicates Trump Administration Intent to Upend 2022 DOL Final Rule
by Ari Sonneberg and Barry Salkin On the heels of the Department of Labor’s announcement that it is rescinding the Biden Administration DOL guidance cautioning 401(k) plan sponsors from offering cryptocurrency investment options to plan participants, the Trump...
DOL Rescinds Biden Administration Guidance on 401(k) Cryptocurrency Investment
By Ari Sonneberg and Barry Salkin Today, the Department of Labor’s Employee Benefits Security Administration issued Compliance Assistance Release No. 2025-01, effectively rescinding Compliance Assistance Release No. 2022-01 (the “2022 Release”), issued under the Biden...