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Recent Case Highlights Split of Authority on Whether Corporate Agreements Can Amend Employee Benefit Plans

Posted in Employment, Health and Welfare Plans

by Paul J. Compernolle, Michael T. Graham and Maggie McTigue

The U.S. Court of Appeals for the Fifth Circuit recently held that a paragraph in an asset purchase agreement qualified as an amendment to an employee benefit plan, highlighting a split between circuits of the U.S. Courts of Appeal.

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