Section Newsletters

Articles From James Baker

ERISA to the rescue: Preemption of state law prevails By James Baker, Douglas Darch, & Miriam G. Petrillo Employee Benefits, April 2015 The recent case of Sherfel v. Newson reinforces the existing interpretation of ERISA and highlights the challenges facing multi-state employers.
Supreme Court update—The day the ERISA presumption of prudence died By James Baker Employee Benefits, April 2015 ERISA plaintiffs’ lawyers have a new hill to climb—framing ERISA fiduciary breach claims that comport with the insider trading restrictions contained in federal securities laws.
Supreme Court update—The ERISA plan sponsor can now control the game clock By James Baker Employee Benefits, January 2015 The U.S. Supreme Court, in Heimeshoff v. Hartford Life & Accident Insurance Co., determined that the limitations period at issue was not unreasonably short.
Five proven tactics to minimize ERISA litigation risk By James Baker & Lisa Brogan Employee Benefits, June 2014 Companies can improve their employee benefit plan offerings and, at the same time, minimize ERISA litigation risk by making small changes to their employee benefit plan documents.
Time is not relative for ERISA statutes of limitation By James Baker & Lisa Brogan Employee Benefits, May 2014 On Dec. 16, 2013, the U.S. Supreme Court announced that an Employee Retirement Income Security Act plan’s own contractual time period for contesting plan benefit disputes is enforceable.

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