Browsing by Author "Zanglein, Jayne Elizabeth"
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Item Divorce, Lies and Pensions: Employee Benefits in the Fifth Circuit(Texas Tech Law Review, 1997) Zanglein, Jayne ElizabethProfessor Zanglein discusses the Fifth Circuit’s handling of employee benefits cases during the 1995-96 term. Topics include the Employee Retirement Income Security Act (ERISA), breach of fiduciary duty, and ERISA's three year/six year statute of limitations for breach of fiduciary duty.Item Employee Benefits for General Practitioners: Ten Rules that Every Attorney Should Know About ERISA(Texas Tech Law Review, 1995) Zanglein, Jayne ElizabethThis article, written on the eve of the twentieth anniversary of the Employee Retirement Income Security Act (' 'ERISA' '), is a primer for non-ERISA attorneys. Because ERISA is a complex statute that constantly changes, it may seem formidable to some practitioners. After all, at least according to legend, ERISA is an acronym for Every Ridiculous Idea Since Adam. But with a little guidance, ERISA issues that frequently arise in general practice can be handled with confidence. Fortunately, the Fifth Circuit's 1993-1994 term offers a good outline of issues for attorneys who do not frequently work in this area.Item Employee Benefits Law(Texas Tech Law Review, 1994) Zanglein, Jayne ElizabethThe employee benefits cases decided by the Fifth Circuit during the survey period chronicle the effects of corporate downsizing and cost containment prevalent in the 1980s. Cases during the survey period include Wildbur v. ARCO Chemical Co., in which the Fifth Circuit ruled that the lower court could examine relevant evidence outside of the administrative record when interpreting plan language concerning enhanced benefits for employees whose employment was terminated as a result of corporate consolidation. In Harms v. Caveham Forest Industries, Inc. the court stated that cancellation of a severance plan after a change of control may violate ERISA's prohibition against the termination of accrued benefits. In Whittemore v. Schlumberger Technology Corp., the Fifth Circuit held that an employer was not required to give employees advance notice when the employer modified its severance plan to eliminate benefits for employees who were offered employment by a successor corporation.6 Wise v. EI Paso Natural Gas Company involved the termination of post-retirement medical benefits by a successor corporation. In Unida v. Levi Strauss & Co., the Fifth Circuit held that Levi Strauss did not discriminate against its employees in violation of ERISA § 510 when it closed its San Antonio plant, allegedly to reduce retirement costs. And in Corcoran v. United Health Care, Inc., the Fifth Circuit held that ERISA preempts wrongful death actions arising from a denial of benefits based on allegedly negligent medical review required as part of a medical plan's cost containment program.Item Employee Benefits Law(Texas Tech Law Review, 1993) Zanglein, Jayne ElizabethThis term, the Fifth Circuit considered several cases of first impression. In Hicks v. Fleming Cos., the court formulated a standard to determine when a document qualifies as a summary plan description. In McClure v. Zoecon, Inc., the Fifth Circuit held that an action under the Employee Retirement Income Security Act ("ERISA") section 510 is subject to a two year statute of limitations. In Pierre v. Connecticut General Life Insurance Co., the court held that the arbitrary and capricious standard of review applies to factual determinations made by a plan administrator, even when the plan does not grant discretionary authority to the administrator. Finally, in Jamail, Inc. v. Carpenters District Council, the court held that an employer has no standing to sue under section 5026 to recover overpaid contributions to a multi-employer plan, but can recover based on the common law right of restitution. Other cases decided this term focused on issues such as oral modification of ERISA-governed plans, preemption, multiple employer welfare arrangements ("MEWAs"), and calculation of benefits. Perhaps the most significant case decided this term is McGann v. H & H Music Co., in which the Fifth Circuit held that an employer may reduce medical benefits for specific diseases, such as acquired immune deficiency syndrome ("AIDS"), without violating ERISA section 510. This survey article will discuss some of the most significant employee benefits cases decided this term.Item ERISA Preemption and Other Mysteries(Texas Tech Law Review, 1996) Zanglein, Jayne ElizabethThe 1994-95 term brought many interesting and unusual employee benefit cases. In a bevy of cases, the court was a champion of participants' rights. Yet, the court was unsympathetic to participants who seemed to be taking advantage of the plan. Employers fared well in the big money cases, employees won the big preemption cases, a husband who tried to cheat his wife out of pension money in a divorce was chastised, a doctor who engaged in fraud on a health fund was criticized, and a participant who was too "cavalier" to make sure he timely paid his COBRA premiums was castigated. In short, the good guys won and the bad guys lost, with some exceptions.Item Fifth Circuit Guide to Redemption and Removal Jurisdiction(Texas Tech Law Review, 2000) Zanglein, Jayne ElizabethThe Fifth Circuit's 1999 term was action packed with significant employee benefit issues. The court abrogated Burks v. Amerada Hess Corp., limited Pierre v. Connecticut General Life Insurance Co., issued one en banc decision, suggested two other issues for en banc hearings, issued three per curiam decisions, addressed two cases of first impression, vacated two just-released opinions, and answered certified questions. Cases involved murder and mayhem, a drug overdose, an ex-NFL player's attempt to conceal income from his ex-wife, an employer who fired an employee because he took medical leave to recuperate from a heart attack, a plan's investment in derivative securities, a virulent but naive ex-wife, and a depressed participant who had been treated in an experimental drug program. More significantly, many cases involved preemption, removal, and remand, which allowed the court to clarify and explain the difference between complete preemption and conflict preemption and its effect on removal and supplemental jurisdiction.Item From Wall Street Walk to Wall Street Talk: The Changing Face of Corporate Governance(DePaul Business Law Journal, 1998) Zanglein, Jayne ElizabethThe first part of this article will focus on ERISA's fiduciary rules as they relate to the voting of proxies held by pension plans and the Department of Labor's position on proxy voting, as enunciated in advisory opinions and Interpretive Bulletin 94-2. The second section will describe recent trends in institutional proxy voting as exhibited during the 1998 proxy season. The third section will describe the Securities and Exchange Commission's recent amendments to the Rules on Shareholder Proposals which became effective in June 1998. The final section will discuss the proliferation of national and international Corporate Governance Standards by pension funds and other institutional investors.Item Getting Something for Nothing: Are Employee Benefits an Entitlement or a Gratuity?(Texas Tech Law Review, 1999) Zanglein, Jayne ElizabethDuring the 1997-98 term, the Fifth Circuit’s employment law cases focuses on the question of whether employee benefits are an entitlement that vests and not subject to divestment. Cases included fights over benefits such as severances, lifetime medical benefits, and disability payments. The Court also elucidated the proper standard of review for benefit denial cases and addressed issues involving collateral estoppel and inadequate support for summary judgments.Item High Performance Investing: Harnessing the Power of Pension Funds to Promote Economic Growth and Workplace Integrity(The Labor Lawyer, 1995) Zanglein, Jayne ElizabethThis article will explore the mechanisms through which private pension funds, in compliance with the Employee Retirement Income Security Act (ERISA), can promote economic growth, primarily through economically targeted investments, shareholder activism, and high-performance workplaces.Item Meyered in the Bogg of ERISA Preemption: Employee Benefits in the Fifth Circuit(Texas Tech Law Review, 1998) Zanglein, Jayne ElizabethDuring the 1996-1997 term, the Fifth Circuit’s employment law docket was dominated by preemption cases. The Court held that ERISA preempts a Texas statute which assigns, by operation of law, the right to sue for breach of fiduciary duty under ERISA as well as the current Texas Any Willing Provider statute but does not preempt the 1995 statute which did not refer to ERISA plans. The Court also handled several contract interpretation cases, including a ruling that construed insurance provisions relating to the deadline by which a participant may convert a group policy to an individual policy. Finally, the Fifth Circuit held that a leased employee had standing to sue under ERISA. Because the leased employee "may become eligible to receive ... benefit[s]," he could sue to determine his rights to benefits under the plan.Item Pensions, Proxies, and Power: Recent Developments in the Use of Proxy Voting to Influence Corporate Governance(The Labor Lawyer, 1991) Zanglein, Jayne ElizabethSeveral government agencies regulate the conduct of pension funds that attempt to influence corporate behavior through the proxy process. This article focuses on only two aspects of the overall regulatory scheme: Regulation 14A of the Securities Exchange Act regulating the solicitation of proxies, and Section 404(a) of the Employee Retirement Income Security Act (ERISA) governing the duties of pension fiduciaries. The delegation of proxy voting to investment managers under ERISA will be analyzed, and the proxy voting guidelines recently adopted by the AFL-CIO will be reviewed. Proxy reform proposals made by major institutional investors such as CalPERS and the AFL-CIO also will be examined.Item Protecting Retirees While Encouraging Economically Targetted Investments(Kansas Journal of Law and Public Policy, 1996) Zanglein, Jayne ElizabethThe ongoing debate over economically targeted investments is primarily about power and politics and only secondarily about pensions. Critics of economically targeted investments argue that these investments are illegal under ERISA. But clearly this is not the case. In its recent interpretive bulletin, the Department of Labor restated its long-standing position that "all things being equal", pension plan fiduciaries may consider collateral benefits when deciding between investments with commensurate risk and return characteristics. In October 1995, the Heritage Foundation issued a booklet called "How to Close Down the Department of Labor.” In its report, the Foundation suggested that Congress transfer the Pension and Welfare Benefit Administration to Social Security. The Foundation also suggested that Congress abolish the Economically Targeted Investment Clearinghouse as it is "misguided and jeopardizes the safety of pension plan assets.” Against this backdrop of controversy surrounding the Department of Labor's interpretive bulletin on economically targeted investments, it is important to analyze the legality of ETIs within the larger political context. This article analyzes economically targeted investments in a historical, legal, and political context.Item Securities Law(Texas Tech Law Review, 1992) Myhra, Alison; Zanglein, Jayne ElizabethDuring the survey period, the Fifth Circuit did not make any significant advances into previously uncharted areas of securities law. This article will not examine every securities case issued during the survey period. Instead, we will focus on those cases which presented interesting issues.Item Securities Law(Texas Tech Law Review, 1991) Zanglein, Jayne ElizabethDuring the survey period, the Fifth Circuit addressed several issues of increasing importance in the area of securities law. First, the court limited the circumstances under which a federal court may exercise subject matter jurisdiction over foreign securities transactions. The court found no basis to acquire federal jurisdiction over a foreign transaction where the plaintiff, "through extensive machinations," carefully structured the transaction in order to avoid federal securities laws. Next, the court identified the circumstances under which a party may waive a contractual right to arbitration. The Court also addressed whether an arbitration panel must state the reasons for its decision in its award. In three cases, the Fifth Circuit focused on the definition of "security" and "investment contract." The court applied the definition crafted by the Supreme Court in SEC v. W.J. Howey Co. to determine whether a limited partnership, a warehouser, and a cattle-feeding consulting agreement were securities or investment contracts. Finally, the court held that an investment adviser may violate rule 10b-5 by failing to disclose a substantial conflict of interest. The court further held that because an investment adviser is a fiduciary, he is held to a higher standard of care: "an 'affirmative duty of utmost good faith to avoid misleading clients."' It is unclear whether proof of fiduciary status can be used by a plaintiff to offset a weaker showing of one or more elements of a 10b-5 claim.Item Web-based Course in Legal Skills Courses(Journal of Legal Education, 1999) Zanglein, Jayne ElizabethLaw professors increasingly are using the Internet to supplement their course materials and enhance their teaching skills. They are using it to create interactive, educational computer software, to provide a forum for peer review of student work products to encourage collaborative learning, to provide a structured out-of-classroom learning environment, to foster a tighter community of educators, to extend office hours, to supplement and update class materials, and to promote faculty collegiality. But does Web-based instruction work in the classroom? This is the question to answer. In this article, the authors focus on several skills-based law courses and examine the effectiveness of a few technologies in their traditional classroom. Part I explores the various learning style theories that were researched during the course of the project to explain their successes and failures. Part II discusses the pedagogical attributes of Web-based instruction. Part III reports on their use of learning theory and technology in skills-based courses. In part IV the authors assess their exploratory efforts, and in part V they suggest future directions.