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Congratulations and special thanks to Lisa Brogan (Chair), Editor, and Contributors James Baker, Jordan Faykus, and Jenna Neumann for their contributions to the 2019 Edition of The ABA Business Law Section, Recent Developments In Business and Corporate Litigation; Chapter 20: ERISA.

Covered topics include:

  • US Supreme Court on church plan exemptions;
  • The standard of review

Originally published in Benefits Law Journal.

Champagne and a steak dinner have traditionally marked celebrations at the close of a corporate deal. Celebrations these days are being marred by a party pooper—Employee Retirement Income Security Act (ERISA) pension plan successor liability.

Increasingly, courts are delivering a “pay up now” notice to the buyer of financially

Not yet! 

At most, it is no longer valid in the Northern District of Texas. On December 14, 2018, a federal District Judge in Fort Worth, Texas, ruled that the Affordable Care Act’s (ACA or Obamacare) “Individual Mandate,” requiring individual taxpayers to either purchase health plan coverage containing minimum essential benefits or pay a penalty tax, was unconstitutional and invalid.

On December 30, 2018, Judge Reed O’Connor issued a stay “because many everyday Americans would otherwise face great uncertainty” during an appeal. His ruling granted the intervenor states’ request for: 1) final judgment based on his December 14 decision; and 2) a stay of that judgment. The December 30 ruling allows for an immediate appeal to the Fifth Circuit. It also means the ACA will remain in effect during the course of the appeal.


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Originally posted in the Daily Journal.

The California Supreme Court recently made a sweeping change to California’s gig economy. In Dynamex Operations West, Inc. v. Superior Court, the Supreme Court ruled that in deciding whether a worker is an employee or an independent contractor, the employer must begin by presuming that the worker is