Media Mentions
2008
Nancy G. Ross was quoted in the May 5 issue of The National Law Journal in an article regarding so-called hidden fees in 401k retirement plans. Plaintiffs claim it is difficult for participants to compare costs among similar plans because they see management fees as lump sums that include costs of services from different providers. Ms. Ross, who is defending Northrop Grumman in two class actions, believes that it will be difficult for plaintiffs to prove a company's negligence over excessive 401k fees, even if the company could have paid plan administrators less. "It becomes a battle of experts. Just because one expert would have done it differently does not prove the plan administrators did it wrong. Negligence is very hard to prove in the ERISA world," Ms. Ross said.
Nancy G. Ross, Class Action, Employee Benefits Litigation, Trial
Nancy G. Ross was quoted on April 9 by the Associated Press in connection with the representation she has provided for Chrysler in negotiating a restructure of retiree health benefits with the UAW. A proposed deal would require Chrysler LLC to pay $10.3 billion to a trust that would cover the company's $18 billion in retiree health care obligations. An 11-member committee would run the trust and would include six members selected by the court and five selected by the UAW. Regarding the settlement terms, Ms. Ross said, "We do believe in the light of the uncertain environment that Chrysler is operating that this settlement is the best for all parties."
Nancy G. Ross, Employee Benefits Litigation, Labor & Employment, Trial
Jeffrey F. Webb was quoted in the March 17 issue of the National Law Journal in an article regarding a spike in employment class actions that has led law firms to expand their employment litigation practices. Mr. Webb, who recently joined McDermott's Boston office, noted that companies are now sending high-stakes employment class actions to larger name-brand firms rather than smaller employment boutiques. General counsel facing federal class actions choose larger firms because they "don't want to be second-guessed by their board," Mr. Webb said.
Jeffrey F. Webb, Class Action, Employee Benefits Litigation, HR & Employment Litigation, Labor & Employment, Trial
Jeffrey F. Webb was quoted in the March 3 issue of the Boston Business Journal regarding the movement of same-sex couples to Massachusetts where laws recognize same-sex marriages and offer same-sex couples legal rights and spousal health benefits. Mr. Webb relocated to Boston to live as a legally married couple with his life partner, Mark Schuster, and the pair's twin sons. Regarding their 2004 marriage, Mr. Webb said, "That was something that was really important to us."
Jeffrey F. Webb, Employee Benefits Litigation, Trial
Chip Kerby was quoted in the February 2008 issue of CFO Magazine about how now, progressive employers are thinking more broadly about how they manage health care, and searching for savings at the individual level. There is also a fiduciary risk associated with HRAs that should not be overlooked, said Mr. Kerby, especially since such accounts are not covered by ERISA.
, Employee Benefits & Pensions, Employee Benefits Litigation, Health
Jeffrey F. Webb was quoted in the February 25 issue of Massachusetts Lawyers Weekly regarding his relocation to Boston to live as a legally married couple with his life partner, Mark Schuster, and the pair's twin sons. A lawyer in California since 1990, Mr. Webb noted that California has a "separate and equal approach to gay relationships; they call it domestic partnerships." Regarding his relocation, Mr. Webb noted that, "For us, it was not a specific legal benefit that we were looking for, it was more the fact of knowing that our family would be treated under the law the exact same way as other families and that we're just another family." As a new partner in McDermott's Boston office, Mr.Webb noted that, "I really wanted to practice at a level I was used to," and that McDermott has, "a similar international presence, the kind of client base, the firm management I found most similar to what I was used to and what I liked."
Jeffrey F. Webb, Employee Benefits Litigation, Trial
Jeffrey F. Webb was quoted in the February 22 issue of Employment Law360 in an article regarding his recent move to McDermott Will & Emery. "The reason for my move to McDermott was the firm offered the kind of national and international platform that would be terrific for growing my practice," Mr. Webb said. Mr. Webb also noted that his previous experience serving as in-house counsel at Fox has given him valuable insight into working with a client base of in-house counsel. "If I'm talking to an in-house lawyer who has to report to a CEO or board of directors, I understand that my role is greater than just getting great results in the courtroom," he said.
Jeffrey F. Webb, Employee Benefits Litigation, HR & Employment Litigation, Labor & Employment, Trial
2007
Nancy Ross was quoted in a September 24 article published by PLANADVISER Magazine regarding potential changes to the rules of disclosure of 401(k) administrative and investment fees. Advisers will need to be proactive about providing the transparency that plan sponsors and participants will require about fees. "It is important that they take action now, because we are in uncharted waters. [The spotlight] also opens up a terrific marketing opportunity for advisers: Those who are secure for the future will be those who make their fees the most transparent. There is no pulling the wool over the eyes of plan sponsors anymore - there is no avoiding this discussion," Ms. Ross said.
Nancy G. Ross, Employee Benefits Litigation, Labor & Employment
Scott A. Faust was quoted in a September 17 article published by Business Insurance regarding a ruling by the 3rd Circuit Court of Appeals which stated that terminated employees could not keep their age discrimination claims alive against former employers by piggybacking onto existing lawsuits after they had failed to meet their own claim-filing deadlines. Mr. Faust stated that unlike the 2nd, 5th, 6th, 10th, and 11th Circuits, the 3rd Circuit panel had already ruled in a 1995 case that plaintiffs cannot invoke the single filing doctrine to piggyback onto individual lawsuits.
Scott A. Faust, Employee Benefits Litigation, HR & Employment Litigation, Labor & Employment
Nancy G. Ross was quoted in an August 27 article published by Business Insurance regarding a federal appeals court ruling that bars fiduciaries of federally regulated employee benefits plans from suing one another. Ms. Ross spoke on how this decision could complicate settlements of plan disputes. She predicted that "the 8th Circuit's ruling and others like it will have 'a deterrent effect on potential fiduciaries,' because fiduciaries now will have difficulties enforcing the indemnity provisions in trust agreements."
Nancy G. Ross, Employee Benefits Litigation, Labor & Employment
Nancy G. Ross was quoted in the February 5 issue of Business Insurance in an article regarding two recent appellate decisions in the Third and Seventh circuits finding that cash balance pension plans are not discriminatory towards older employees. Nancy commented on the effects of these decisions on other appellate courts and the difficulty that plaintiffs’ lawyers will face when trying to convince other courts that such plans are age discriminatory. "These appear to be airtight decisions, and those are the ones that will prevail at the end of the day," she said.
Nancy G. Ross, Employee Benefits - Insurance, Employee Benefits Litigation, Insurance, Trial
Nancy G. Ross was quoted in the February 5 issue of Business Insurance in an article on recent rulings by the 3rd and 7th Circuit Courts of Appeals that cash balance plans do not discriminate against older workers. Legal experts believe that other appeals courts will follow suit. Said Ms. Ross, "These appear to be airtight decisions, and those are the ones that will prevail at the end of the day."
Nancy G. Ross, Employee Benefits & Pensions, Employee Benefits - Insurance, Employee Benefits Litigation, Insurance
Nancy G. Ross was quoted in the January 22 issue of Business Insurance in an article regarding the U.S. Supreme Court's recent denial of review of a federal appeals court decision concerning the alleged discriminatory practice of cash balance pension plans. Ms. Ross commented that despite strong lobbying initiatives, Congress did not make the plans retroactive. "There was a strong lobbying effort to make the cash balance provisions retroactive and Congress didn't do it," she said.
Nancy G. Ross, Employee Benefits & Pensions, Employee Benefits Litigation, Trial
2006
Nancy Ross was quoted by Business Insurance on December 13 regarding cash balance pension plans discriminating against older employees. The split in the courts shows that it will be some time before the age discrimination issue will be resolved commented Ms. Ross.
Nancy G. Ross, Employee Benefits & Pensions, Employee Benefits Litigation, Trial
Michael Graham was quoted in the December 4 issue of Business Insurance about a recent ERISA ruling that highlights the need to update plan documents. Predicting what cases the Supreme Court will agree to review is difficult, but "I think a time is coming soon when they will take a case" on when courts should defer to benefit plan decisions, Mr. Graham said.
Michael T. Graham, Employee Benefits & Pensions, Employee Benefits Litigation
Nancy G. Ross was quoted in the November 6 issue of Business Insurance in an article regarding a recent federal court finding that cash balance pension plans discriminate against older workers. Mr. Ross commented that such discrimination issues are not likely to be settled in the near future. "We don't have closure. Two different judges can have two very different views," she said.
Nancy G. Ross, Employee Benefits & Pensions, Employee Benefits Litigation, Trial
Nancy Ross was quoted in the October 30 issue of Business Insurance regarding a 7th U.S. Circuit Court of Appeals decision ruling that IBM Corp.'s cash balance plan was age discriminatory. "We won't have certainty until the other appeals courts rule. We need to ride the wave longer to have greater comfort," commented Ms. Ross.
Nancy G. Ross, Employee Benefits & Pensions, Employee Benefits Litigation, Trial
Diane Morgenthaler was featured in the October 2006 issue of What to Do About Personnel Problems in an article about making ERISA work for you. The article discusses Ms. Morgenthaler's presentation at the 7th Annual Illinois HR Conference and Exposition in August. "ERISA is actually an employer's dream," Ms. Morgenthaler said. She explains that if an employer’s benefit plan adheres to simple standards set out in the law itself, and in subsequent court decisions, a plan can become practically litigation proof.
Diane M. Morgenthaler, Employee Benefits & Pensions, Employee Benefits Litigation
Nancy Ross was quoted in the July 24 issue of Business Insurance in an article regarding a federal appellate court's ruling that a retired employee cannot challenge the elimination of retiree health benefits. Ms. Ross commented on the court's analysis in reaching its conclusion that the retiree had not pled enough facts to prove reliance on the alleged representations, noting in particular the surprising result by a court typically considered to be more protective of employees in benefits matters.
Nancy G. Ross, Employee Benefits & Pensions, Employee Benefits Litigation, Trial
Nancy Ross was quoted in the January 12 issue of New York Law Journal in an article pertaining to how Xerox Corporation violated ERISA by cutting back the benefits of 100 employees through establishing “phantom accounts.” Nancy Ross is quoted as saying, “Twenty years ago, when ERISA was very new, when plan participants claimed they were entitled to something that went beyond the terms of the plan because they had no notice or someone had told them something different, courts were by and large rejecting them out of hand,” Ms. Ross said. “Now, more and more courts are accepting these arguments.”
Nancy G. Ross, Employee Benefits Litigation, Trial
2005
Paul Hamburger was quoted in HR News Online on September 27 in an article about the Labor Department and IRS invoking an emergency provision in ERISA to suspend deadlines for employee benefits plans, participants and beneficiaries affected by Hurricane Katrina. The Labor Department did not suspend the requirement under COBRA to notify all employees and covered spouses in writing of their COBRA rights when they first become covered by a group health plan, noted Mr. Hamburger. It was irresponsible of the Labor Department to "leave a gaping hole like that" by not suspending this notice requirement as well, he said.
Paul M. Hamburger PC, Employee Benefits & Pensions, Employee Benefits Litigation, Labor & Employment
2002
Nancy Ross was quoted in the June 3 issue of Business Insurance in regard to the Equal Employment Opportunity Commission’s (EEOC) intent to propose a new regulation that would make altering, reducing or eliminating employer-sponsored health benefits when a retiree becomes eligible for Medicare not in violation of the federal age discrimination law. Ms. Ross expressed her satisfaction on the EEOC’s proposed regulation.
Nancy G. Ross, Employee Benefits & Pensions, Employee Benefits Litigation, Trial
Nancy Ross was quoted in the April 22 issue of Business Insurance in regard to the Circuit Court of Appeals decision, which ruled that the Age Discrimination in Employment Act also applies to retirees’ health benefit plans. Ms. Ross commented that this issue is "tremendously unresolved."
Nancy G. Ross, Employee Benefits & Pensions, Employee Benefits Litigation, Trial
Nancy Ross was quoted in the February 11 issue of Business Insurance in an article addressing a U.S. Supreme Court ruling that restricts health plans’ recovery rights against plan participants who obtain third-party damages to cover medical costs.
Nancy G. Ross, Employee Benefits Litigation, Health, Trial
Nancy Ross was quoted in the January 21 issue of Business Insurance in regard to recent court decision, which did not distinguish between different types of welfare benefits in relation to its ruling.
Nancy G. Ross, Employee Benefits & Pensions, Employee Benefits Litigation
2001
McDermott Will & Emery was ranked #1 by legal recruiters as having the most prestigious Health Law Practice and Employee Benefits and ERISA Practice (in a three-way tie). The Firm's Tax Practice was ranked #2 (in a three-way tie). The survey was part of the annual associates survey published in the October issue of American Lawyer.
Employee Benefits & Pensions, Employee Benefits Litigation, Health, Tax
Nancy Ross was quoted in the July 16 issue of Business Insurance regarding a recent court decision that ruled discrimination against older retirees was not present when retirement incentive plans offer younger employees a much greater health insurance stipend than Medicare-eligible employees. Ms. Ross commented that the decision was straightforward and that equivalent stipends to various groups would be a "windfall" for older employees.
Nancy G. Ross, Employee Benefits & Pensions, Employee Benefits Litigation, Trial
Nancy Ross was quoted in the August 6 issue of Business Insurance in regard to the Equal Employment Opportunity Commission’s (EEOC) authority over the Age Discrimination in Employment Act (ADEA). The article addressed the introduction of H.R. 2558, which would clarify that employers would not be violating the ADEA if they reduced or eliminated health coverage for retired workers once they are eligible for Medicare.
Nancy G. Ross, Employee Benefits & Pensions, Employee Benefits Litigation, Trial
Nancy Ross was quoted in the April 30 issue of Business Insurance in regard to a U.S. district court ruling on retiree age bias.
