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Ninth Circuit Overturns Precedent and Sends ERISA Claims to Individual Arbitration

In a case of first impression, the Ninth Circuit overturned 35 years of precedent and ruled that ERISA class action claims brought on behalf of an ERISA plan are subject to individual arbitration. The Court also enforced the arbitration agreement’s...By: Proskauer - Employee Benefits & Executive
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Healthy Workplace Discussions About Diversity, Part 2: Explaining the Foundations of Support for Organizational Diversity and Inclusion

Only just a few days ago, Virginians like me were marking the second anniversary of the violent clashes in Charlottesville that erupted when white supremacists marched through town for the deadly and contemptible “Unite the Right” rally in 2017. How...By: Womble Bond Dickinson
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Womble Bond Dickinson | Aug 30,2019 |

Can Transportation Companies Continue to Provide Safe Drivers With All The New Laws Permitting Marijuana Use?

Pre-employment and post-accident drug testing have been challenged in courts in almost every state where medical marijuana has been legalized. These differing state laws create uncertainty for enforcing a drug-free workplace, even for...By: Benesch
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Benesch | Aug 30,2019 |

The Hurricane is Coming in Five Days - Are We Ready for This?

On August 24, 1992, Hurricane Andrew made landfall in Homestead, Florida as a Category 4 hurricane. At the time, it was the third most intense hurricane that ever struck the United States. Andrew had sustained winds of 149 mph and gusts of up to 169...By: Carlton Fields
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Carlton Fields | Aug 30,2019 |

Giving It Your Best Shot: Maintaining a Compliant Vaccination Program in the Healthcare Sector

Workplace vaccination programs are not new. While many focus on influenza, healthcare employers often impose more robust requirements to protect employees and vulnerable patient populations....By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Delaware Court Adopts Pillsbury’s Theories on Novel D&O Insurance Issues (Part 2)

Previously, we reported an important ruling of first impression by the Delaware Superior Court that a shareholder appraisal action against Pillsbury’s client Solera Holdings Inc. was a “Securities Claim” under Solera’s directors and officers...By: Pillsbury - Policyholder Pulse blog
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Commonwealth Court: Workers’ Compensation Settlement Not Binding on Medical Care Provider Who Was Not Party to the Agreement

The Pennsylvania Commonwealth Court recently ruled that an employer cannot use a Compromise and Release Agreement (C&R) settling a Workers’ Compensation claim to avoid making payments to a medical care provider who rendered medical services to the...By: Tucker Arensberg, P.C.
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Tucker Arensberg, P.C. | Aug 30,2019 |

Employee Benefits Developments - August 2019

The Employee Benefits Practice is pleased to present the Employee Benefits Developments Newsletter for the month of August 2019. Click through the links below for more information on each specific development or case....By: Hodgson Russ LLP
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Hodgson Russ LLP | Aug 30,2019 |

Delaware Court Adopts Pillsbury Theory that Shareholder Appraisal Actions Are Covered Securities Claims Under D&O Policies

Pillsbury secured an important victory for its client, Solera Holdings Inc., when Delaware Superior Court Judge Abigail LeGrow held—in a matter of first impression anywhere in the country—that a shareholder appraisal action challenging the price...By: Pillsbury - Policyholder Pulse blog
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Ontario, Canada: What Is an Employee’s Entitlement to Incentive Plan Compensation during the Notice Period?

In Manastersky v. Royal Bank of Canada, 2019 ONCA 609, the Ontario Court of Appeal (“OCA”) considered the important question of whether a terminated employee is entitled to be awarded damages in lieu of a lost opportunity to earn incentive plan...By: Littler
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Littler | Aug 30,2019 |
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