Supreme Court

Justices dubious of creating “extra-special super-super clear statement rule” to exempt tribes from obligation to respect bankruptcy process

Justices dubious of creating “extra-special super-super clear statement rule” to exempt tribes from obligation to respect bankruptcy process

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Monday’s arguments in Lac du Flambeau Band v. Coughlin revealed a bench deeply skeptical of the argument that Native American tribes should be exempt from the automatic stay of the Bankruptcy Code even though the federal and state governments are not.

The case involves an online payday lending operation of the Lac du Flambeau Band of Lake Superior Chippewa Indians. Brian Coughlin borrowed money from the Band’s lending operation. When he then filed for bankruptcy the Band ignored the … Read the rest

Supreme Court

Justices to consider obligation of retirement-plan sponsors to pare investment options

Justices to consider obligation of retirement-plan sponsors to pare investment options

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Monday’s argument in Hughes v. Northwestern University will give the justices yet another opportunity to explain the fiduciary obligation of the sponsors that control the defined-contribution plans on which so many of us depend for our retirement.

This case comes to the justices under ERISA, the Employee Retirement Income Security Act of 1973. Responding to a shocking pattern of self-dealing and mismanagement in employee pension plans, the statute federalized a great deal of the law governing those plans. As … Read the rest