Benefits & Executive Compensation partner Kim Jones was quoted in Law360's report on the biggest benefits rulings of 2020. In the article, Jones weighs in on the Supreme Court's ruling in IBM v. Jander, which was vacated and remanded to the Second Circuit Court of Appeals for a determination on whether to consider two arguments raised in the briefs at the high court but not in the lower courts. The appellate court upheld the win for IBM’s employees on June 22, 2020.
"The Second Circuit's recent reinstatement of its earlier decision confirmed that none of the issues at the crux of the case will be considered at this point," said Jones.
"These issues will likely be raised in future cases, especially if district courts within the Second Circuit follow the Jander decision as a basis for allowing stock drop cases to proceed," she added.