How Pending Fishing Boat Cases at the Supreme Court Could Rock the Benefits Plan Boat

If the US Supreme Court strikes down the established doctrine of significant judicial deference to certain government agency interpretations in two upcoming fishing boat cases, this decision could have ripple effects on employee benefit plan sponsors and fiduciaries. Such a decision would rock the boat and create more uncertainty in administering employee benefits.

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Wilber H. Boies, PC
Wilber (Bill) Boies focuses his practice on business dispute counseling and business litigation throughout the country. Bill leads a pro bono program that advises national legal aid organizations, Interest on Lawyers’ Trust Accounts (IOLTA) programs and bar foundations about obtaining cy pres awards from the undistributed residue of class action settlement funds and frequently submits amicus briefs opposing appeals by serial objectors who argue for the elimination of cy pres awards in class action settlements. Read Bill Boies' full bio.


Scott Kenkel
Scott Kenkel focuses his practice on employee benefits and executive compensation matters. He has experience assisting clients with regulatory compliance matters related to tax-qualified retirement plans and executive compensation arrangements. He also regularly works with clients on benefits and compensation issues in connection with corporate transactions. Read Scott Kenkel's full bio.


J. Christian Nemeth
J. Christian (Chris) Nemeth provides legal counsel on complex commercial litigation and government investigations, including ERISA matters, financial and banking cases, business torts and breach of contract actions. Chris is the Co-Chair of the Firm’s ERISA Litigation group and works closely with the Firm’s Employee Benefits department on all types of Litigation matters, Department of Labor investigations and similar issues. Read Chris Nemeth's full bio.


McDermott Will & Schulte
Leading organizations turn to global law firm McDermott Will & Schulte for a better way to address legal challenges, connect with those at the forefront, and drive stronger outcomes. Working across more than 20 offices globally, our 1,750+ lawyers act on data-driven insights, deep relationships, and unmatched industry experience to deliver on our commitment of Always Better.

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