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Supreme Court's LaRue Decision Interprets ERISA's Remedies to Fit a 401(k) World
As that great philosopher Bob Dylan once sang, The Times They Are a-Changin'. Now the Supremes (the Court, not the singing group) in LaRue v. Dewolff, Boberg & Associates, Inc., 128 S. Ct. 1020, has officially recognized that the times have changed for retirement plans.
In a Feb. 20, 2008 decision, fascinating on several levels, a majority of the Court found that the 'landscape [of employee benefit plans] has changed.' As a result, the majority of the Court limited its 1985 language in Massachusetts Mut. Life Ins. Co. v. Russell, 473 U.S. 134 (1985) that certain remedies were intended to protect the 'entire plan, rather than … the rights of an individual beneficiary' to defined benefit plans. For defined contribution plans, such as 401(k) plans, the Court found that individual harm from fiduciary breach was enough.
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.