Joseph C. Faucher was featured in the January Law360 article “ERISA Cases to Watch in 2019”. The article discusses six of the biggest benefits cases to watch in 2019.

Below are brief excerpts from the article which include Joe’s commentary:

Jander v. IBM

“I think what’s likely in the next year or two is that plaintiffs’ attorneys are going to be emboldened by the IBM decision, because it’s kind of cracked the door back open to pursue company stock-decline cases,” said Joe Faucher, a director at Trucker Huss APC.

Brotherston v. Putnam Investments

Faucher said he expects the high court to accept review of the case, which revolves around the same issue that plagued Pioneer Centres Holding v. Alerus Financial , a case the high court was considering taking up until a settlement was reached in September.

He also expects the high court to rule in Putnam Investments’ favor, overturning the First Circuit’s October decision in the case.

“If I had to read the tea leaves, if the Supreme Court is fairly conservative, one would guess that the court would be more likely to conclude that the plaintiffs have to prove both ends of it, both that a breach occurred and that the breach caused a loss,” Faucher said.

Click here for the full article at Law360.