Wilber H. Boies, PC Wilber H. Boies, PC

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  Wilber (Bill) Boies focuses his practice on business dispute counseling and business litigation throughout the country. Bill regularly represents benefit plan sponsors and fiduciaries in Employee Retirement Income Security Act (ERISA) class action litigation concerning pension plan administration, fiduciary duty, responsibility for asset losses, and changes in welfare benefits. Read Bill Boies' full bio.

Second Court of Appeals Win for State Street Bank in $200 Million Chrysler “Top Hat Plan” Class Action


By and on Dec 7, 2016
Posted In Benefit Controversies, Retirement Plans

“Top hat plans” have many attractive features, but a new court decision is a reminder that top hat plan participants have limited protections under ERISA – and that assets held in a rabbi trust are not protected from the claims of creditors upon the employer’s bankruptcy or insolvency. Our client, State Street Bank and Trust...

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‘Right-Sizing’ Full-Time Employees to Reduce ACA Obligations May Lead to ERISA Class Action Exposure


By on Feb 24, 2016
Posted In Benefit Controversies, Employment, Health and Welfare Plans

Compliance with the Affordable Care Act (ACA) has resulted in increased health benefit costs for many employers. A recent court decision demonstrates that while programs to reduce the number of full-time employees may lower health care costs in the short run, they also may lead to ERISA class action litigation. In Marin v. Dave and...

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Supreme Court Rejects “Presumption of Prudence,” Adopts New Pleading Standards in Fifth Third Bancorp v. Dudenhoeffer


By , and on Jul 15, 2014
Posted In Employee Stock Ownership Plans (ESOPs), Retirement Plans

In a highly anticipated decision, the Supreme Court recently ruled that ESOP fiduciaries are not entitled to a presumption of prudence under ERISA in connection with their decisions to buy, hold or sell the employer’s securities. While the elimination of this presumption is a loss for ESOP fiduciaries, the decision imposes additional burdens on plaintiffs...

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Supreme Court Grants Certiorari to Review Sixth Circuit’s Pro-Union Inference in Retiree Health Insurance Benefits Cases


By on May 7, 2014
Posted In Benefit Controversies, Health and Welfare Plans

The Supreme Court of the United States has agreed to resolve a circuit split about how courts should interpret collective bargaining agreements that provide for health insurance benefits for retired employees in M&G Polymers USA, LLC v. Tackett.  The U.S. Court of Appeals for the Sixth Circuit says that such retiree health insurance benefits carry with...

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Supreme Court Takes Case About Company Stock Funds and Presumption of Prudence


By and on Jan 9, 2014
Posted In Benefit Controversies, Employee Stock Ownership Plans (ESOPs), Retirement Plans

The Supreme Court of the United States granted certiorari in Fifth Third Bancorp v. Dudenhoeffer, suggesting that the Supreme Court will resolve the current division among U.S. circuit courts regarding the application of the “presumption of prudence” in employer stock cases. To read the full article, click here.

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Supreme Court Upholds ERISA Plan’s Three-Year Deadline to File a Lawsuit


By and on Dec 18, 2013
Posted In Benefit Controversies, Retirement Plans

The Supreme Court of the United States ruled that an ERISA plan may properly impose a reasonable time limit on filing a lawsuit to recover benefits.  Such time may start to run even before completion of the required administrative review process. To read the full article, click here.

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