Alyssa Ohanian

Buyers Beware!  Ninth Circuit Holds that a Company May Be Subject to Withdrawal Liability as a Successor Employer under the “Successorship Doctrine”

ANGEL L. GARRETT and ALYSSA OHANIAN, October 2015 — On September 11, 2015, the Ninth Circuit, in Resilient Floor Covering Pension Trust Fund Board of Trustees v. Michael’s Floor Covering, Inc., Case No. 12-17675, 2015 WL 5295091, joined the Seventh Circuit in holding that an employer may be subject to withdrawal liability as a successor […]

The Impact of Dudenhoeffer on Lower Court Stock-Drop Cases

ALYSSA OHANIAN, December 2014 — The Supreme Court recently held in Fifth Third Bancorp v. Dudenhoeffer, 134 S. Ct. 2459 (2014), that employer stock ownership plan (“ESOP”) fiduciaries are not entitled to a special presumption that they acted prudently in investing in employer stock. Rather, ESOP fiduciaries are subject to the same duty of prudence […]

A New Approach to Abuse of Discretion Review

ALYSSA OHANIAN and CLARISSA KANG, September 2014 — The Ninth Circuit Court of Appeals recently applied a searching analysis under the abuse of discretion standard of review — one that takes into account all circumstances and will not uphold denial simply if there is a single reasonable basis to deny benefits — even where there […]