Wilber H. Boies, PC
Subscribe to Wilber H. Boies, PC's PostsWilber (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.
How Pending Fishing Boat Cases at the Supreme Court Could Rock the Benefits Plan Boat
By Alden Bianchi, Wilber H. Boies, PC, Scott Kenkel and J. Christian Nemeth on Mar 12, 2024
Posted In Employee Benefits
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. Read more...
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Second Court of Appeals Win for State Street Bank in $200 Million Chrysler “Top Hat Plan” Class Action
By Andrew Liazos and Wilber H. Boies, PC 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 Wilber H. Boies, PC 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 Wilber H. Boies, PC, Chris C. Scheithauer and Stephen Pavlick 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 Wilber H. Boies, PC 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 Wilber H. Boies, PC and Chris C. Scheithauer 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 McDermott Will & Emery and Wilber H. Boies, PC 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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