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Recent changes
TPR: Master trusts prepare for future scale requirements
The Pensions Regulator (TPR) has published guidance for UK defined contribution (DC) master trusts on preparing for new scale requirements under the Pension Schemes Bill. The guidance encourages trustees to evaluate their growth potential and operational readiness, with a minimum asset threshold of £25bn expected from 2030.
Care One LLC v NLRB - Court Opinion
The Second Circuit Court of Appeals affirmed a district court's denial of a preliminary injunction sought by Care One LLC and its affiliates. The healthcare companies sought to halt NLRB proceedings, arguing the ALJ was unlawfully appointed and shielded from removal. The appellate court found the companies could not demonstrate irreparable harm.
United States v. Aryeetey - Criminal Conviction and Sentence Appeal
The Second Circuit Court of Appeals affirmed the conviction and sentence of Ivan Joel Aryeetey for being a felon in possession of a firearm. The court found Aryeetey's arguments regarding DNA evidence disclosure and sentence reasonableness to be unpersuasive.
Broadcast Music, Inc. v. North American Concert Promoters Association - Antitrust
The Second Circuit vacated a district court's decision regarding music licensing fees set by Broadcast Music, Inc. (BMI) for the North American Concert Promoters Association (NACPA). The court found the imposed rates and expanded definition of gross revenues to be unreasonable, remanding the case for further proceedings.
McGucken v. Shutterstock, Inc. - Copyright Infringement Appeal
The Second Circuit Court of Appeals partially affirmed and partially vacated a district court's summary judgment in McGucken v. Shutterstock, Inc. The court affirmed the dismissal of the false copyright management information claim but vacated the dismissal of copyright infringement claims, remanding for further proceedings on specific factual issues.
B.B. v. Hochul - Children's Rights in Foster Care Certification
The Second Circuit Court of Appeals ruled in B.B. v. Hochul that plaintiffs, children removed from their parents, have standing to challenge New York's certification scheme for foster parents. The court reversed in part and affirmed in part the district court's dismissal, remanding for further proceedings.
Reidy Contracting Group LLC v. Mt. Hawley Insurance Company - Insurance Coverage Dispute
The Second Circuit affirmed a lower court ruling that Mt. Hawley Insurance Company must provide additional insured coverage to Reidy Contracting Group LLC. The court held that Reidy was an additional insured and that the Employers Liability Exclusion was ambiguous and thus construed against Mt. Hawley.
SBK ART LLC v. Akin Gump - Discovery for Foreign Litigation
The Second Circuit Court of Appeals affirmed a district court's order granting SBK ART LLC's petition for discovery in aid of foreign litigation under 28 U.S.C. §1782. The court found that the district court did not abuse its discretion in allowing discovery from Akin Gump Strauss Hauer & Feld LLP, even though the documents might not be discoverable from the foreign client.
CFHC v. CoreLogic Rental Property Solutions - Fair Housing Act Case
The Second Circuit Court of Appeals ruled in CFHC v. CoreLogic Rental Property Solutions, vacating in part, affirming in part, and reversing in part a lower court decision. The court found the Connecticut Fair Housing Center lacked standing and that CoreLogic did not cause housing denials based on criminal history, thus failing the disparate impact claim under the Fair Housing Act. However, it affirmed CoreLogic violated the Fair Credit Reporting Act regarding conservatorship documentation.
Mar-Can Transport Co. v. Local 854 Pension Fund - ERISA Withdrawal Liability
The Second Circuit affirmed a lower court ruling that Mar-Can Transport Co. is entitled to a $1.8 million reduction in withdrawal liability from the Local 854 Pension Fund. The decision clarifies the interpretation of an ERISA provision regarding asset and liability transfers when an employer withdraws from a multiemployer pension plan due to union representation changes.
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