Publication - 07/29/2013

Drinker Biddle Response to Controversial Yale Letters

Drinker Biddle Memorandum

We have reviewed a number of Yale Law School Professor Ian Ayers' letters to 401(k) plan sponsors, as well as the report of his study. Based on our work for plan sponsors, as well as recordkeepers and other service providers, our conclusion is that plan sponsors should not rely on his letters and study. Instead, they should engage in a prudent process to evaluate the services to their plans and participants, the compensation of service providers, and the costs of those services as well as the costs of the plan's investments.

To read our analysis, please click here. To read our letter accompanying that analysis, please click here.

The Viability of the Equitable Mootness Doctrine in the Third Circuit: A Moot Point?

Client Alert
Marita S. Erbeck

By Marita S. Erbeck and Jennifer M. Roussil In the bankruptcy context, effectively appealing an order confirming a debtor’s plan of reorganization is not always a sure bet, as a court may refuse to entertain the appeal in the name of equitable mootness.  Equitable mootness – “a judge-made abstention doctrine that allows a court to avoid hearing the merits of a bankruptcy appeal because implementing the requested relief would cause havoc”[1] – empowers a ...

What Does the Supreme Court's Same-Sex Marriage Ruling Mean for Employee Benefit Plans?

Client Alert
Summer Conley, Robert L. Jensen, Sarah Bassler Millar

On June 26, 2015, the U.S. Supreme Court ruled in Obergefell v. Hodges that states must license and recognize a marriage between two people of the same sex.

WTO Members Agree to Cut Tariffs on IT Products

Client Alert
Kathleen M. Murphy, Mollie D. Sitkowski

On Friday, July 24, 2015, the World Trade Organization (WTO) announced that more than 50 of its member countries had agreed to cut tariffs on hundreds of information technology (IT) products.

Something Old, Something New: Accounting for Accountable Care in Antitrust Analysis

Health Law Handbook
Robert W. McCann

In this chapter, Rob illustrates the tension between antitrust enforcement and clinical collaboration models under the Affordable Care Act, discusses the St. Luke’s decision, and explores the intersection between health care delivery reform and antitrust law.

Senate Passes Another Criminal Antitrust Anti-Retaliation Act July 30, 2015

Client Alert
Todd N. Hutchison, Paul H. Saint-Antoine, Ronald A. Sarachan, James J. Williamson II

The Senate recently passed with unanimous consent the Criminal Antitrust Anti-Retaliation Act of 2015 (“CAARA”) after minor tweaks to two definitions. CAARA provides anti-retaliation protection to whistleblowers who give information to their employer or the federal government concerning criminal violations of antitrust laws.