Section Newsletters

Articles From Douglas A. Darch

Briefing lessons from the Fourth Circuit’s decision to vacate award in withdrawal liability dispute By Douglas A. Darch & Alexis Hawley Employee Benefits, April 2018 Corporations that plan to acquire—or make a practice of acquiring—other entities with the intent of retaining part of the target and selling the remainder should heed the lessons of Penske Logistics LLC v. Teamsters Local 557.
Saving multi-employer pension plans By Douglas A. Darch Employee Benefits, September 2017 Multi-employer pension plans can be saved and deserve to be saved.
Successor employer creates and then inherits predecessor’s pension withdrawal liability By Douglas A. Darch Employee Benefits, March 2017 Attorneys advising employers in the construction industry would be well served to review the decision in Resilient Floor Covering Pension Trust Fund v. Michael’s Floor Covering and its consequences.
Union trust fund acts arbitrarily by claiming a reversion of benefits By Douglas A. Darch Employee Benefits, December 2016 Attorneys handling the dissolution of marriages will find comfort in a recent decision by Judge Leinenweber, Cingrani v. Sheet Metal Workers’ Local No. 73 Pension Fund,.
Pension relief By Douglas A. Darch Employee Benefits, February 2014 Illinois state pension law is a complex web of built-in extra benefits that costs taxpayers billions. In Hooker v. Retirement Board, the Supreme Court limited eligibility for one of those extra benefits.
ERISA withdrawal liability—The labor dispute exemption By Douglas A. Darch Employee Benefits, June 2010 What happens if an employer ceases making payments to its multi-employer pension plan because its employees are on strike?
Headquarters’ headaches—Extraterritoriality and the courts By Douglas A. Darch & Miriam Geraghty Labor and Employment Law, January 2010 The mobility of workers and the dispersion of employment sites has generated a new issue for employers—which state’s law controls an employment relationship and in which state may an aggrieved employee file suit against his or her employer when the employer conducts business in multiple states.
Executive bonuses By Douglas A. Darch Employee Benefits, December 2009 When an executive leaves her position midway through the performance measurement period for an annual bonus, is she entitled to a pro-rata share of the annual bonus?
Abandoned retirement plans By Douglas A. Darch Employee Benefits, March 2009 As the recession has worsened, many employers are simply closing their doors and walking away from their obligations. The frequent result of a “walk-away” is that the benefit plan is abandoned. An abandoned Plan loosely defined is a plan which no longer has a “responsible” plan sponsor or plan administrator.
Case notes By Douglas A. Darch & Thomas A. Bruno Human and Civil Rights, December 2005 Recent cases of interest.
Arbitration: It’s here to stay By Douglas A. Darch Human and Civil Rights, December 2003 The cost of access to the courts has long been an issue for the practicing bar, as well as advocates for the poor.
Is Executive Order 11246 still valid? By Douglas A. Darch Human and Civil Rights, May 2001 In 1965 then-President Johnson issued Executive Order 11246. This Executive Order required government contractors to meet certain affirmative action obligations.
Memorandum: jury verdict in job-bias testers case By Douglas A. Darch Human and Civil Rights, January 2001 The use of job-bias testers was dealt a major set-back this September when a federal jury in Chicago returned a verdict for the employer in the first testers case to proceed to trial, Kyles v. J K Guardian Security Services.
No gun, no work By Douglas A. Darch Human and Civil Rights, October 1999 In a twist on the slogan made popular by the TV show Paladin "Have Gun, Will Travel," the Indianapolis Police Department terminated a police officer with more than 25 years of service because he was barred by a federal statute from carrying a gun.
Nondelegation doctrine makes comeback By Douglas A. Darch Human and Civil Rights, August 1999 The Court of Appeals for the D.C. Circuit recently had the opportunity to dust off one of those little used and often forgotten constitutional law principles. In American Trucking Associations v. U.S. E.P.A., 175 F.3d 1027 (D.C. Cir. 1999), the court of appeals struck down several national ambient air quality standards issued by the Environmental Protection Agency ("EPA").

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