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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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 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
