Sydney Juliano
Sydney Juliano is a law clerk in the Labor & Employment Department and a member of the Employee Benefits & Executive Compensation Group.
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The Fifth Circuit affirmed the dismissal, for lack of standing, of a fiduciary breach representative action against American Airlines and its 401(k) plan investment committee. Ortiz v. American Airlines, Inc., No. 20-10817, 2021 WL 3030550 (5th Cir. July 19, 2021). As discussed in an earlier post, two former American Airlines employees brought this suit in … Continue Reading
A federal district court in Maryland recently declined to certify an interlocutory appeal to the Fourth Circuit on the issue of whether financial institutions can “hardwire” a preference for their own proprietary investment vehicles into their employees’ 401(k) plans. David G. Feinberg, et al., & all others similarly situated, Plaintiffs, v. T. Rowe Price Group, … Continue Reading
As mentioned in our earlier posts, the American Rescue Plan Act of 2021 (“ARP”) provides a 100% COBRA premium subsidy for continuation coverage between April 1 and September 30, 2021 for certain assistance eligible individuals (“AEIs”). As employers and plan administrators prepare to educate AEIs about this subsidy, they cannot overlook another necessary notice: a … Continue Reading
Whether a one-time payment of benefits constitutes an employee benefit plan under ERISA has been the source of some consternation in the courts for many years. The Fifth Circuit, in Atkins v. CB&I, LLC, recently had occasion to consider the issue and held that a bonus conditioned on completing a project was not an ERISA … Continue Reading
In response to the deluge of ERISA class action breach of fiduciary duty claims, plan sponsors and fiduciaries have increasingly sought to compel individual arbitration of such claims pursuant to arbitration clauses in employment agreements or plan documents. As discussed in an earlier blog post, the Ninth Circuit previously enforced such an arbitration provision when … Continue Reading
Fifth Circuit Holds Participants Lack Standing To Challenge Plan Investment Options
By Myron Rumeld, Tulio Chirinos and Sydney Juliano on Posted in 401(k) Plans
District Court Denies Interlocutory Appeal for Novel Issue of “Hardwired” 401(k) Plans
By Sydney Juliano on Posted in 401(k) Plans
All Good Subsidies Must Come to an End: ARP’s Expiration Notice Requirements
By Sydney Juliano, Paul M. Hamburger and Katrina McCann on Posted in COBRA
Fifth Circuit Rules that Project Completion Bonus is Not an ERISA Severance Plan
By Seth Safra, Russell Hirschhorn and Sydney Juliano on Posted in ERISA Coverage
Second Circuit Rules ERISA Fiduciary-Breach Claims Are Outside the Scope of General Employment Arbitration Agreement
By Tulio Chirinos and Sydney Juliano on Posted in 401(k) Plans, Arbitration
