On August 29, 2022, the U.S. Court of Appeals for the Seventh Circuit affirmed the dismissal of a 401(k) plan participant’s claims that plan fiduciaries mismanaged the $1.1 billion 401(k) plan and charged participants excessive fees. This was the first
Snell & Wilmer
Snell & Wilmer is a full-service business law firm with multiple offices across the United States and Mexico. The firm publishes content primarily focused on a wide range of legal practice areas including corporate governance, labor and employment, intellectual property, real estate, environmental law, and regulatory compliance. Their publications often address practical legal issues such as tax law, employee benefits, labor relations, litigation strategies, and industry-specific regulations. The firm also covers emerging legal topics like data privacy, cybersecurity, and healthcare law. Their blog content is aimed at providing legal insights and updates relevant to businesses, employers, and legal professionals.
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What’s Old Is New Again: HHS Proposes to Reinstate and Expand Transgender Nondiscrimination Rules
Since it was enacted in 2010, Section 1557 of the Affordable Care Act (“Section 1557”) has prohibited discrimination in covered health programs and activities on the basis of race, color, national origin, age, disability, or sex. As we have previously…
Fair Labor Standards Act Update: Recent Federal Court Decisions Signal Potential Trend Against Requiring Judicial Approval of FLSA Settlements
By Joe Kroeger
On August 8, 2022, a Kentucky federal judge granted two stipulated dismissals filed by plaintiffs in a conditionally certified Fair Labor Standards Act (“FLSA”) case—without first reviewing and approving the settlement entered into between the parties. U.S. District Judge Benjamin…
Can I Recorda Lis Pendens in Arizona if the Lawsuit is filed Another Jurisdiction?
By Ben Reeves
By: Ben Reeves
Recent research I did on a case led me to the conclusion that Arizona law recognizes foreign litigation (i.e., a lawsuit filed outside of Arizona) as a justification for the recording of a lis pendens against real…
Can I Record a Lis Pendens in Arizona if the Lawsuit is filed Another Jurisdiction?
By Ben Reeves
By: Ben Reeves
Recent research I did on a case led me to the conclusion that Arizona law recognizes foreign litigation (i.e., a lawsuit filed outside of Arizona) as a justification for the recording of a lis pendens against real…
NLRB AWARDS BARGAINING EXPENSES TO UNION
In a recent case, the Court of Appeals for the 9th Circuit enforced an order of the National Labor Relations Board (“NLRB” or “Board”) requiring an employer to reimburse the union for the expenses that the union incurred during collective bargaining…
Eighth Circuit Affirms Dismissal of “Love Happens” Trademark Infringement Suit for Lack of Personal Jurisdiction
By Dan Staren
By: Emily R. Parker and David G. Barker
The Eighth Circuit recently upheld dismissal of Brothers and Sisters in Christ, LLC’s (“BASIC”) lawsuit against online marketplace Zazzle, affirming that “the bare-bones nature of BASIC’s allegations,” including Zazzle’s sale of a…
IRS Extends Amendment Deadline for Certain Qualified Plan Amendments
The IRS recently provided some welcome relief in the form of extended amendment deadlines for sponsors of qualified retirement plans (including collectively bargained plans). Notice 2022-33 extends the deadline for adopting amendments required by the Setting Every Community Up for…
HOA Foreclosure Excess Sale Proceeds Go to Owner
By Ben Reeves
By: Ben Reeves
Over the last few years, the Arizona Court of Appeals wrestled with the question of who should receive the excess proceeds from a foreclosure sale. We’ve blogged about some these past unreported decisions here and here. …
Two More States Enact CROWN Act Laws Prohibiting Discrimination Based on Hair Texture and Style
By Jennifer Yee