Jeffrey S Klein

August 02, 2002 | New York Law Journal

E MPLOYERS HAVE been struggling for some time to understand under what circumstances severance arrangements will be deemed by courts to be "employee welfare benefit plans" and, therefore, subject to the Employee Retirement Income Security Act of 1974, as amended, 29 USC ��1001-1961 (ERISA). 1

By Jeffrey S. Klein And Nicholas J. Pappas

17 minute read

August 10, 2005 | Law.com

Numerous courts have rejected sex discrimination claims by a plaintiff alleging that a supervisor engaged in unlawful discrimination in awarding a job benefit to a paramour because of favoritism rather than job qualifications. Jeffrey S. Klein and Nicholas J. Pappas analyze two cases -- Miller v. Department of Corrections and DeCintio v. Westchester County Medical Center -- and suggest issues that employers should consider when faced with claims of discrimination based on sexual favoritism.

By Jeffrey S. Klein and Nicholas J. Pappas

16 minute read

February 07, 2011 | New York Law Journal

In their Employment Law column, Jeffrey S. Klein and Nicholas J. Pappas of Weil, Gotshal & Manges provide a summary of Dodd-Frank's whistleblower provisions and offer some guidance as to how employers may assess the risk of liability arising under the new law.

By Jeffrey S. Klein and Nicholas J. Pappas

12 minute read

October 10, 2007 | Corporate Counsel

One legacy of Enron's collapse is the expansion of "stock drop" litigation under ERISA's fiduciary duty provisions, where employees bring suit because a company's retirement funds suffered major losses due to a loss of company stock value. Attorneys Jeffrey S. Klein and Nicholas J. Pappas find that legal developments have left courts more willing to dismiss such claims at an earlier stage against directed trustees, such as banks, that execute transactions as instructed by a named fiduciary.

By Jeffrey S. Klein and Nicholas J. Pappas

15 minute read

August 04, 2008 | New York Law Journal

Jeffrey S. Klein and Nicholas J. Pappas, partners at Weil, Gotshal & Manges, analyze a recent Supreme Court ruling that makes clear that indirect evidence may be used to establish that a conflict of interest affected a benefits decision. Accordingly, they, say, fiduciaries and plan sponsors should consider taking several steps to increase the likelihood that a reviewing court will grant deference to the fiduciary's decisions.

By Jeffrey S. Klein and Nicholas J. Pappas

15 minute read

February 01, 2010 | New York Law Journal

Jeffrey S. Klein and Nicholas J. Pappas, partners at Weil, Gotshal & Manges, discuss two cases addressing whistleblower protection under SOX, one where the Administrative Review Board of the Department of Labor held that "when allegations of mail or wire fraud arise under the employee protection provision of the Sarbanes-Oxley Act, the alleged fraudulent conduct must at least be of a type that would be adverse to investors' interests," and another where a Southern District court held that "clearly protects an employee against retaliation based upon the whistleblower's reporting of fraud under any of the enumerated statutes regardless of whether the misconduct relates to 'shareholder' fraud."

By Jeffrey S. Klein and Nicholas J. Pappas

11 minute read

February 05, 2009 | New York Law Journal

Jeffrey S. Klein and Nichols J. Pappas, partners at Weil, Gotshal & Manhges, write that, for many years, employers in the United Kingdom have included in their employment agreements so-called "garden leave" clauses, under which the employee promises to give a certain amount of notice to the employer in advance of a resignation, and, in exchange, the employer does not require the employee to work during the period of the garden leave. U.S. employers, they say, increasingly are including garden leave provisions in their employment agreements.

By Jeffrey S. Klein and Nichols J. Pappas

11 minute read

February 04, 2008 | New York Law Journal

Jeffrey S. Klein and Nicholas J. Pappas, partners at Weil, Gotshal & Manges, provide a general overview of the legal framework that courts have applied in deciding whether to deny enforcement of arbitration agreements under the law of unconscionability, and then analyze a recent California appellate court decision which denied enforcement of an arbitration agreement due to unconscionability, in part because of the inclusion of a class-action waiver clause.

By Jeffrey S. Klein and Nicholas J. Pappas

15 minute read

June 06, 2005 | New York Law Journal

Jeffrey S. Klein and Nicholas J. Pappas, partners at Weil, Gotshal & Manges LLP, write that arbitration is more widely used as the forum for resolution of the full panoply of employment-related disputes, including statutory claims for employment discrimination, and those arising in the context of the FLSA.

By Jeffrey S. Klein and Nicholas J. Pappas

12 minute read

June 05, 2006 | New York Law Journal

Jeffrey S. Klein and Nicholas J. Pappas, partners at Weil, Gotshal & Manges, write that the outcomes in retiree medical cases often are difficult to predict. Two recent decisions by the U.S. Courts of Appeal for the Sixth and Seventh Circuits illustrate how courts may reach seemingly inconsistent results when analyzing the termination or modification of retiree health benefits provided under collective bargaining agreements.

By Jeffrey S. Klein and Nicholas J. Pappas

21 minute read