Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Do You Know Your Federal Law?
Family law practitioners not only need to be thoroughly familiar with the applicable law of any state in which they practice, but some federal law as well. One of the areas in which federal law has been carving out preemption is that of retirement and life insurance death benefits. In particular, since the United States Supreme Court case of Egelhoff v. Egelhoff, 532 U.S. 141, 121 S. Ct. 1322, 149 L.Ed.2d 264 (2001) the slope has become even more slippery. In Egelhoff, the Court reasoned that the relevant state statute was impermissibly connected with ERISA because it bound ERISA plan administrators to a particular choice of state law rules for determining beneficiaries, thereby implicating an area of “core ERISA concern.” 532 U.S. at 147.
Some lawyers also seem to confuse the concept of waiving death benefits and the actual retirement accounts themselves. For example, there have been cases involving the question of whether general waiver language in an antenuptial agreement is sufficient to waive rights under ERISA plans. Attorneys also need to draw a distinction between a statute and an agreement. In Egelhoff, a Washington State statute provided that beneficiary designations concerning a life insurance policy of an employee benefit plan were automatically revoked on divorce. The court held that the statute was in conflict with ERISA, and therefore, was preempted. The holding, however, does not mean that every agreement or judgment that waives or bars such rights is preempted.
This premium content is locked for LJN Newsletters subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.