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Worst-Case Scenarios from the Files of an Employee Benefit Plan Litigator
Your company decides to establish a new employee benefit plan. As in-house counsel, you, naturally, are asked to get involved. The regulatory, compliance and tax issues will unquestionably be daunting. Qualified or non-qualified? Safe harbor? Contributory? Top-heavy? Defined benefit or defined contribution? All of these questions, and more, must be answered before you can finalize your company's plan. And, unquestionably, you can circle your building with the advisers and consultants who will line up to help answer those questions.
But there are other questions that may not be so obvious in the early days of plan formation. Who will decide claims? What powers will they have? What procedures will they follow? Whoever has the primary responsibility for writing your plan document certainly will have some boilerplate to address at least some of these issues. It will be worthwhile for you to take a little time at the beginning to consider those boilerplates in more depth. The time you spend on them now could save you and your company a great deal of time, and money, down the road.
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Bankruptcy Sales: Finding a Diamond In the Rough
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Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.